^S»i^l^ i^is- florae 3iecanicae 2eiurales» an glttcmpt to Illustrate, 33g a 5«r(«S of Kotes anO IE.tttatti5, '^fit "Namt ana ©ftU, ®i)e Origin, appomtment, antt jfuntttons, personal anb ©apitular, of 3^ural Beans. ¦WITH A FEW INCIDENTAL REMARKS ON Cfje Uiu anU IBuav of latital JSisSops, AND ON THE Encariimatfon of ^arocfital ©Urgg. TO WHICH IS ADDED, AN appenUiac of Botnmmt&t ^nrient anti Motfcvn. WILLIAM DANSEY, M.A. I'KEBENDAHY o/ SALISBTJKT, R^CTOH OF DONHEAD ST. ANDREW, iSiUtnl i®«an. VOL. I. SECOND EDITION. LONDON : J. G. F. & J. RIVINGTON. MDCCCXHV. EnEPfiTH20N TAP FENEAN nPS2THN, ESIKNIA20N AE KATA FENGS nATEPHN" X0IZOI TAP E2MEN, KAI OYK OIAAMEN, 2KIA AE E2TIN HMQN O BI02 EHI TH2 rH2' H OYK OYTOI 2E AIAAgOY2I, KAI ANAPrEAOYZI 20I, KAI EK KAPAIA2 AYTGN ESASOY2I PHMATA; LONDON : PRINTED BY WILLIAM WATTS, CROWN COURT, TEMPLE ] TO THE RIGHT REVEREND FATHER IN GOD EDWARD LORD BISHOP OF SALISBURY THIS SECOND EDITION OF A SERIES OF NOTES AND EXTRACTS ILLUSTRATIVE OF THE OFFICE OF IS DEDICATED, AS A TOKEN OF OFFICIAL AND PERSONAL RESPECT, BY HIS LORDSHIP'S OBLIGED AND FAITHFUL SERVANT, ®l^iE a2a®?^©m. SgnoO. EaoOitctt, can. lvii. a. d. ccclxiv. OY AEI EN TAI2 KfiMAI2 KAI EN TAI2 XnPAlZ KA0I2TA20AI Eni2K0n0Y2, AAAA nEPI0AEYTA2. IstOotus JWcrcator. NON OPORTET IN VILLIS BT VICIS EPISCOPOS ORDINARI, SED VlsitatortS, ID EST, QUI CIRGUMEANT, CONSTITUI. ©oncil. ®ititt«n. can. xiii. a.d. dcccl. PROPTER ASSIDUAM ERGA POPULUM DEI CURAM, SINGULIS PLEBIBUS aitf)lpte66B- terOS PB^ESSE volumus; qui non solum IMPEBITI VULGI SOLLICITUDINEM GEBANT, VERUM ETIAM EORUM PRESBYTERORUM, QUI PER MINORES TITULOS HABITANT, VITAM JUGI CIRCUMSPECTIONE CUSTODIAi^T, ET QUA UNUSQUISQUE INDUSTBIA DIVI NUM OPUS EXERCEAT, EPISCOPO SUO BENUNTIENT. fflifison'g ©oOti 3)ur, iEctlciS. tit. xlii. cap. vin. The ffiijortpiscppi had the inspection, under the bishop, of the clergy in THE COUNTRY, AND OF THOSE PARTS OF THE DIOCESE WHICH WERE REMOTE FROM THE EPISCOPAL SEE ; TILL, IN THE COUNCIL OP LAODICEA, ANN. 300, IT WAS OR DAINED, THAT NO BISHOPS SHOULD BE PLACED IN COUNTRY VILLAGES, BUT ONLY nEPiOAEYTAi, Itinerant or "PisUing ^reabaters. ^vetace* Non abs re mihi vifum eft fore, fi qusepiam afFerrem, ut facilius ad memoriam revocarentur fanctiffima priorum inftituta, quibus obfervatis, noftra christiana respublica et aucta eft femper et confervata. joh. franc, pici, mirandulm domini, De Reformandis Moribus Oratio. FASCICULUS RERUM, p. 417. WENTY years have nearly paJJ'ed away Jince my attention wasfirji directed to the fubject-matter of thefe volumes; andfcarce lefs than half that period, Jince the former edition was committed to the prefs. During the interval from the latter date, I have not been unmindful that a fecond imprejjion might, at fome future day, be called for ; and with that view I have availed b vi ^xefaiE. myfelf of every opportunity which has offered of gathering additional information to illujirate it^. The period is now arrived at which that call is made; and, being prepared for it, I feel it to be my duty to refpond to it without delay; nay more—fo long as the Church folicits information on this subject, to fupply it, at my own rifk, in the fulleji and moji attractive form I can. If it has been my privilege, as I am told in reference to the former edition of thefe notes, " to render an acceptable fervice to the Church, by a feafonable addition to the hiftory of ecclejiajiical difcipline — in a department wherein ThomaJJin, Van Efpen, Gibfon, Burn, Bingham, and others, whofe compilations are conjidered to be the moJi elaborate and complete in their hind, are ejfentially defective" — I can only fay that I am moJi grateful for the opportunity afforded me of fo far ferving the injiitutions of the Church ; and I truJi that the prefent new and improved edition may be found further helpful to the fame holy caufe. It is indeed matter of heartfelt thanhfulnefs to an obfcure in dividual, in the retirement of a country parfonage, to have been allowed by a feries of publications, from time to time renewed, to awahen the attention of thofe in the higher places of the Church to the utility and importance of a branch of our diocefan fyjiem, which for many centu ries had been fo generally and unaccountably forgotten. Since the ( ' ) The only works of which I had in vain endeavoured to procure a fight, when my former edition was publiflied, viz. Zeltner's Tractatus de PtrioOeuttJi Veteris Ecclefice Rejlituendis, and Schmidt's Differtatio de JfcjjnoOiS Archidiaconorum et ^rc]&lp«S62t«romm in Germanid, I have fince had an opportunity of confulting ; but I find nothing in thofe compilations which my own refearches had not already realized to my readers. I mention this here, as in my former preface thefe works were anxioufly inquired after. ^refaK. vii publication of Archdeacon PriauM s little Tract^ — thefir/i of the feries alluded to — entitled, A brief account of the nature, ufe, and end of the office of beait rural, with copious annotations by the editor {A.D. MDcccxxxii.), the injiitution has been partially revived in almoji every diocefe of England, in fome few of Ireland— for in fome it before exijied, — and has even been introduced into the Colonies'^. Though far from infenjible to this fact, and to the general approval bejiowed on my refearches by the Clergy at large, and by thofe more ejpecially who are engaged in diocefan government, I regret that I am Jim compelled to fpeak of the revival as partial and incomplete. I Jhould accept as my moJi cherijhed reward the practical adoption of the entire adminiftrative fyftem, of which I am the humble advocate. — But this is not yet realised. Our diocefan economy isjiill defective. ^. And yet, let me obferve, the XlPfiTOnAIIAAEZ of Balfamon ad Can. viii. Antioch. have to do with the country; anfwering to the irpecrfivrepois toTs inri X<^pai ¦irpaTevovcri of Arlflenus on the fame canon : and Suicer fays of the protopapa, that he clearly is " vel primus presbyter, vel fane arcji- presbgter Latinorum.'' And, more to the point, it will be hereafter feen, in a paffage cited from the tomes of the councils (Manfi Supplement. ad SS. CC. Tom. vi. col. 352.), that the title of protoprcsbgter is applied to the Dean-rural in the council of ReulTen of the year mdccxx. Tit. ix. Sect. I.] Summarg 1?"ieto of ®itles. nAHAS^ — in harmony with their early nomenclature, which gave to the archdeacon of the eaft the title of TrpciToBlaKovos — diftinctions ftill obferved in the fame King's Greek ' Church, p. 207. church m the orders oi proto=6tereB or protopope, and ' and ms. Ad. MXCV.), " ut nullus Jit arcftipregbgter, quod alicubi f^n.ml didtur irccanug &c." — by the councils of Tours (A.D. sscc.Tom. MCLxiii.), and of Rome (^.D. mclxxix.), "IBztmi quidam can."vu.'coi.' vel arcbipregbgtert ad agendas vices epifcoporum &c." — by "^^^ " a refcript of Pope Innocent III. (A.D. mccxiv.) — " ^rc6t= oecreiai ore pregbgterf, qui a pluribus irecanf nuncupantur &c." — by a 'f-x^"i'=-™- fecond council of Treves (A.D. mcccx.) — "ISecant ruraleg \ Thef.Anecdot. feu forengeg arcbfpregbgteri &c." — and laftly, by a conftitu- i ' ^' *'*' • tion of Pope Benedict. XII. (^.Z>. mcccxxxv.), "ISecanig : speimamConc;;. ruraltbug duntaxat exceptis, qui in aliquibus regionibus ss. cc. Tom. arc§tpregbgteri nominantur." ^^' '°^' *'^*' Upon thefe many averments, we may, afluredly, con clude the identity of the arcStpregbgteral and irecanal [ charges : — upon which point, indeed, I fliould have been lefs full and particular ^, had not Mr. Johnfon, the learned and laborious tranflator of our Ecclejiajiic (') As nearly all the evidence to be hereafter adduced refpecting the duties of thefe ecclefiaftics is cited upon a full conviction that their office was the fame under either title, it feemed important to eftablilh the fact of identity upon incontrovertible grounds. VOL. I. 0 18 Name anD ®itle. [Part I. Eccl. Laws &c. Addenda,A.D. MLXIV. cc. M. B. et H. Vol.1, p. 547. Vol. II. p. 393. and p. 465. Whitaker's Hifl. of Manchffier, Vol.11, p. 380. Ghffar. ad Scriptor. x. Ducang. in voce. Politia Eccl. Angl. c. I. p. 3. & c. IX. p. 88. Defcript. I. E. P.I. sec. III. Cofin. Tab. xir. Laws, controverted it in his notes upon the Saxon inftitutes. — " Very egregious miftakes," fays the vicar of Cranbrook, " have been committed by a famous anti quarian in relation to thefe officers called rural ireang. He fuppofes them to have been the fame with the arc5= pregbgterg of the feventh and eighth century ; which may be confuted by looking into the Decretal, L. i. Tit. xxiv. XXV." But the reader will acknowledge that Bifliop White Kennett, to whofe able work on Parochial Anti quities Mr. Johnfon alludes, might adduce ftrong evi dence for his aflertion, in the cafes of continental church-police already referred to ; and, were the iflue yet dubious, in confequence of foreign examples being \ inadmiffible, might accumulate on them our infular con jiitutions — the arcfipriegtg of Ireland being therein faid : to be the prefidents of the rural ifeanrteg in mccxvi ; and ¦ arcbprtegtg or ireang being expreflly mentioned in a Bull of I Pope John XXII. to the clergy of England in mcccxvii ; j and in the Procefs of Grenefeld, archbifhop of York, during the years mcccx and mcccxi ; and yet farther I might he fupport his view by the united fanctions of j Somner, Ducange, Dr. Mocket, and Dr. Zouch : — " Quem recentiores irecanutn ruralem," fays the antiquarian of Can terbury, " et exteri arcbtpregbgterum btcanum, antiquiores Angli irecanum eCfin'gttanitatig vocdrunt." " irccana= ttbug prcefduntur ruraleg i(ecant," — Dr. Mocket remarks, " antiquis arcStpregbgtertg non muMm dijimiles :" — and again lefs qualifiedly, " irecant ruraleg veteris ecclejice c6or= eptgcopig et arcStptegbgtertg regtonartt'g haud dijimiles :" — and Dr. Zouch, " Sub archidiaconis conjiituuntur irecant ruraleg, qui olirn arcbtpregbgtert ruraleg dicehantur." — Need I add the afleveration of Mr. Whitaker, the Hiftorian of Sect. III.] IPecanus. 19 Manchester, that "the rural irean is the fame ecclefiaftical Part'-c-^'"- officer as the arcfitpregbgter or arcftpriegt?" or the much earlier opinions of Spelman, Rouviere, Morin, Thomaffin, and others, to the fame point ? — Nay, Mr. Johnfon him felf, in his Ancient and Prefent Church of England, acknowledges that " arcSpregbgterg and rural ireang are much the fame." The date of this change of name may be fixed, on the authority of the firft-cited conftitution, about the clofe of van Efpen jmi-. ¦' ' _ Eccl. Univ. P. I. the eighth or the commencement of the ninth century; Titvi. cap.i. and the inducement to it, the divifion of diocefes at that time into irecennarteg or iieanrteg ; over which arcfiprtegfg, previoufly exiftent as fubordinate, vicarious church- governors, were then placed with the new title of ireang, &« speiman. in accordance with the prevalent civil polity of the time, ! in v. bcconatus, and invefted with vaftly augmented jurifdiction, in con fequence of the decay and abolition of cSoreptgcopi. "^rcfitpregbgtert dicti videntur irecant," fays Morin, " ^o i ^^^^«^^« or- qubd antiquities dioecefes erant per irecantag divifce^, quibus ! Ex^rdt prceerant arcfitpregbgteri." (Ex Capit. Caroli Calvi c. 3. XVI. Hifiorical and Political Dif- courfe &c. chap. (') "Diocefes have been fubdivided into fuperior precincts," fays Nathaniel Bacon, " called DeanarleS or DecanarieS, the chief of which was wont to be a presbyter of the highejt note, called DecanuS, or arcj&- xii. p. 23. presbgter. The name whereof was taken from that precinct of the lay- | power, called Decennaries, having ten presbyters under his vifit, even as | the DecennerS under their chief." " Aucta dioecefi epifcoporum," fays Boehmer, " hanc in plures Deca- ; Jus Ecclefiaft. natus diftribuerunt etfingulis Decanatibus Decanum feu arcjipresbgterum ~™ " "'^ ¦ '¦ ¦ prcefecerunt, quem arcj^ipresbgterum ruralem dixere, qui presbyterorum ruralium curam habebat." See Van Efpen /. E. U. Part i. Tit. vi. cap. I. p. 29 : wherefore, by Pierre Rouviere the Decanate of Ofcar is called Decania arcftipresbsteralis— an arcj&priest being the ecclefiaftical governor of the Deanrg. c2 Tit. XXV. sec. XLIX. Reomaus'p.GW. 20 Name anD ®ttle. [Part I. Cave's Piimi- tiveChriftianity, P. I. c. 8. p. 222. Ducangii Gloffar. in voce. Thomaffin. T. et N. E. D. Tom. 1. Partli. L.I. c.v. Condi. Gallice Tom, iii.) And very reafonable, indeed, it was, that the bifliop (who was, "according to the notation of his name, ctkoitos, a watchman and fentinel, and therefore obliged ema-KOTreiv, diligently and care fully to infpect and obferve, to fuperintend and pro vide for, thofe that were under his charge,") fhould take advantage of new civil diviflons of his -napoiKia, for the purpofe of meting out to certain deputies, already con ftituted in the church, well-defined diftricts of fupervi- fion. For being unable to infpect perfonally all his widely-fcattered congregations, after the multiplying of country churches; and arcfttpregbgterateg {" dijirictus arcfitpregbgterf ruralig") being, like the elder cJ)oreptgco= pateg, ecclefiaftical territories of indiftinct limitation, (indeed we know nothing about them beyond this — that their extent was fettled, and the capital of each appointed by the abfolute authority of the bifliop ^; a particular church in every diftrict being exalted into a pre-eminence over the reft, and the rector of the one made the fuperintendent of the others,) he would gladly, for the better ordering^ of his diocefe, merge the uncertainty of the fpiritual in the certainty of the fecular VanEfpen/.E.C^. P. I. Tit. VI. CI. p. 29. .Stat. Synod. Dioc. Yprens. Tit. VII. c. I. (') "Similiter in potefiate epifcopi ejl Dlstrictum Decanorum vel ex- tendere vel limitare ; imo et unam Decaniam five Dtstrictum arcl&ipresbg- teratuS in plures dividere, aut plures in unam, conflare." (^) " Utiliier in omnibus epifcopatibus," fays the bifhop of Ypres in Flanders, " recepta ejt cujujque dicecefis in DecanatuS partitio &c." On the fcore of conveniency alone, as far as I can fee, is the divifion of diocefes into DeanrieS preferved in our ecclefiaftical books, in modern days, where the Dean exifts not. For regulating the attendance of the clergy on the different fynodal vifitations of the bifhop and his arch deacons, the diftrict is ftill ufeful ; but would be far more fo, if it had its local ordinary. Sect. III.] Becanus. 21 diftribution, the arcjfpregbgterate^ in the irecanate, and the title of arc^prfegt in that of irean=rural ; and, there fore, Thomaffin ufes the terms arcj&fpregbgteratug and irecanatug as equally fignifying thefe ecclefiaftical divi- fions of the diocefe. { On this fubject of the analogy of fecular and eccle- De Exordiis et ¦ XtlCTBTflStltiH Its- fiaftic office, here briefly alluded to, in the ninth cen- [ rum Ecdejta/i. tar J, Walafrid Strabo has written at large, in his Com- Hittorp. Tom. i. paratio Ecclejiajiicorum Ordinum et Secularium ; and, i more to the point of our inquiry, Bifliop Kennett, in his Parochial Antiquities ; as the next divifion of our fub ject, on the origin of the irecanal office of the countrg^ will fliew. ( ' ) " Vetus fuit harum Decaniarum infiitutio," obferves Pierre Rou viere, " reique ecclefiaJliccB in agris opportuniffima. Cum enim ad presbyteros rure degentes extendere fe continued non pojfet epifcoporum aut archidiaconorum vigilantia, collocati fuere per intervalla, in qui- bufdam quafi excubiis presbyterorum aliqui Decani, vel arcjdipresbgtert vodtati, ut ccBterorum presbyterorum ac plebis moribus, vice epifcopi aut archidiaconi invigilarent." " The craft of the prelates," fays Nathaniel Bacon of our Saxon blfhops, " was to diftribute their fpiritual offices through the kingdom, fo as to influence and direct every part of the temporal government, and to actuate the whole for the church's good. Thus every temporal officer had a fpiritual concomitant." Reomaus Sec. p. 629. 6c bccania ac. cI)ipct§6i)tccQli, Ofcarenjis be- canu^. Hifiorical and Political Dif- courfe &c. Part 1. c. XII. p. 23. 22 [Part II. florae ®ecantcae li^urales* PART IL ®6e ©rtgt'n of tfie <©fSce. A Humble Pro- pofalfor Paro chial Reforma tion &c. chap. vir. p. 30. SECTION I. The origin of iieans JJlural in general. — ©Jw^pfStopi. HEN, where, and by whom, rural arcfiprtegtg or ireang were at first inftituted, we in vain endeavour to learn, in the filence of eccle fiaftical hiftory relative to their primary eftablifliment. Our knowledge of them is derived, not from the records of their inftitution, but from their names and acts mentioned in the tomes of the coun cils, and other church -authorities of high antiquity. These exhibit them in fettled power and influence, exercifing their minifterial functions in aid of the dio cefan bifliop, wherever the calls of parochial vifitation cap.i.p.29. required additional fuperintendents, delegate reprefen- tatives of the fupreme k-nicrKo-nos, for fatisfying fpiritual wants, and fupporting local difcipline in new Chriftian communities. The date of their firft appearance in the weft-em church, as far as it can be afcertained, has been inci dentally ftated under the former divifion of our fubject. The circumftances, likewife, under which both urban Van Efpen /.£. t/.P.I.Tit. VI. Sect. I.] ©rigin of iSeans Kural. — 0J)orepiscopi. 23 and rural ireang are fuppofed by Duaren to have arifen in the church, have been briefly delivered in the defini tions of their refpective duties, cited from that eminent canonift's treatife De Beneficiis &c. Of the origin of the catfiehral irean I purpofe to fay no more. Of the \ irean^rural'g inftitution in particular, Morin thus rea fonably exprefles himfelf, having juft before fuggefted the probable origin of the urban functionary — " Pullu- lante ecclejid, et radices, palmitefque per agros et vicos diffundente, arcbtpregbgtert'g opus fuit, qui non modo frres- byterorum urbicorum, fed etiam rujiicorum curam gererent. Satis tum non fuit aliquem presbyterum honore et concejfu aliis prceferri. Necejfe fuit unum cceteris prcefid, et folici tudinem epifcopalem cum autoritate fublevare. Multiplicatis enim per varias dioecejis paroedas presbyteris, difficile fuit epifcopis folis tot presbyterorum et parceciarum folicitudinem habere. Itaque unum cceteris prcepofuerunt, qui Us invigi- laret, leviora quceque corrigeret, et de diffdlioribus ad epifcopum referret." To this learned writer we readily grant the reafona- blenefs of his view of the origin of the arcStpregbgteral economy in the abftract, and its excellent adaptation to the purpofes mentioned — the fpiritual furveillance, under the bifliop, and in his name, over rural presbyters and their flocks. Still the office appears not, till fome centuries after Chriftianity had extended itfelf from urban to rural diftricts, and the bifliop's increafed la bours had long needed helpmates in the latter quarters. How, then, was the ecclefiaftical difcipline of the country in the mean while fupported, and the affairs of the more diftant parts of the diocefe looked after, before the inftitution of ireang rural, and while as yet the arch- Morin. de Sacr. Ordinal. P. III. Exercit. xvi. c. II. p. 215. III. See Morin. de Sacris Ordinal. P. III. Exerc. IV. c. I. p. 42. IX. 24 ©rlgln ot t^e ®fKce. [Part II. deacons had no relation to the diocefe, but only to the epifcopal fee? (Gibfon CLE, A, Tit. xlii.) Were there any epifcopal fubftitutes of earlier days, from whofe delegate capacity our rural arcfipregbgterg may be fup- ' pofed to have derived, in any degree, the type and cha racter of their vicarage ? Dark as is the hiftory of the irecanal office as to time and place of origin, and fruitless any attempt to eluci date it, out of the fcanty church-documents bearing on its elder days, we know thus much: — arcfipriegtg or ireang were not the firft officers to whofe vicarious protection under the city-bifliop, the church, in her wifdom, committed the infant regiment of her rural minifters and converts. Before the date of fuch crea tion, there were " chofen out of the fitteft and graveft perfons," certain epifcopal deputies— btcartt ept'gcoporurai Suicer. r.E. — denominated cborepfgcopi — tuv %wpoi/ or t^? x"P«f ^'"^' ;t.g.„v»«»,. j,^„^o^_« ^hofe bufinefs it was," in the language of Dr. Primitive Chrif- Cavc, " as fubordinote fort of bifhops — countrg or (as p^alf ¦'¦ amongft us they have been called) gufiragan btgfiopg, to fuperintend and infpect the churches in the country, that lay more remote from the city where the epifcopal fee was, and which the bifliop could not always infpect and overfee in his own perfon." B.i.c.y.Tam.i. Of tlicse blllan bfgbopg and vican or rural priefts— /or. can.Lvra, xfiPEniSKonoi, that is, and TtpecT^vTepot eirixcipioi or -npecr^vrepoi can.\xxx"va!'''l e^ Ta?s /cw/xwi? KOLt x^pa's — tbe ancient Greek councils ^ni^Reiiq. j make mention at the fame time, as if of contempora- Sacr. V. III. p. 461. Cone. Neocesfar. can. XIII. I /i\ "Primitus inllitutos ab epifcopis cjorepiscopos /ere canflans eft Ducang. Glojj. , ,, ._,•/¦ i- ¦ •• in voce gtjoc ! fmtentia, ut effent eorum blcarii m vicis ac pagis, et epifcopalia m m cpiicopw . munera minor is momenti abirent." Sect. I.] ©rigin of Ueans Jrlural. — ©froreptStopi. 25 neous eftablifliment, or, at leaft, co-exiftent in country diftricts; — the presbyters^ generally diftributed, one or (') Dr. Maurice is of opinion that the firG, fixed presbyters were at Alexandria : and, certainly, Sozomen obferves it as a fingularlty of that diocefe, that auxiliary, or parochial churches, were in his day appro priated or committed to fo many certain fixed presbyters. (Hi/i. Eccl- li. I. c. XV.) — Indeed, as early as the middle of the third century, Dio- nylius, bifhop of Alexandria, feems to have congregated at Arfenoeta in Egypt Toi/y irpe '^ „„A dicen.c.hYii. j6poc)(eK^ TToAet, YjTtvi KUI CIS /.lovoj TrpecrfsvTepog eitapKei: — ana cml'sardic. thcncc WO infer, that, before that reftriction, fuch as c. VI. p. 490. -ypgre called cborcpfgcopl were ordinarily there refident, in De Sacr. Ordi- ^^ vao^ Central and convenient, at leaft, if not the moft ercw.'c^i^^"' I important fites, within their refpective jurifdictions, — ^ifrlVVm '" ^^tra urhem," fays Morin, "in pagis, vids, et oppidulis" Sect. I.] ©rigin of Iieans Mural, — @l)orepiScopi. 29 O.E. B. II. c.xiv. 8. 10 cited in Appendix H.D.R. Vol. It. Bingham, O.E. B. II. c. XII. B. 1, 2,3. — and Mr. Nelfon — "in tfie largeji villages of every diocefe;" — though they never figned themfelves as in connexion with any particular place, when fubfcribing the councils at which they were prefent, but merely " Palladius cfiorcpt'gcopug," " Seleucius cfiorcplgcopug," &c., with occafionally the title of their province. In the Capi tularies of Charlemagne (L. vii. c. 187), they are called " bil- lant eptgcopt," and by Hincmar {Opufc, 33. cap. 16. p. 437) "bfcant." Bntfee Bifliop Beveridge ad can, xiii. Ancyran. in Routh's Reliq. Sacr. Vol. in. p. 486. alfo the councils of Laodicea and Sardica above quoted : Le Jau de Aucto ritate Pontificis, Lib. iv. p. 588-9 ; Morifan. de Protopapis, c. viii, II. p.l05, feqq. ; and for the ufage of Great Britain in felecting "noted and populous towns" for her urban bifhops' fees, vide Gibfon's CLE. A. Tit. viii. cap. i., and j a.d.mdxxxiv. for the gubgiittarg or guffragan bigfiopg of England, ap pointed by the 26 Hen. VIII. c. 14. "who had their fees in toums, and not in cities," fee Dr. Burn's Ecclejiajiical Law, Vol. I. p. 227. The view which the learned Selden takes of this part of the economy of the Greek church, as far as it has any bearing on the origin of endowments, may be learnt from the following brief epifode, devoted to the fubject, in his Hijiory of Tythes : — but he is, I fliould fay, with all due deference to his profound antiquarian knowledge in general, decidedly in error, when he difallows any broad difference between presbyteri parochiani and cjborepfgcopt. "As metropolitich fees, patriarchats (exarchats also in the eaftern church) and bifhopricks, thofe greater dignities, were moft ufually at firft ordained and limited according to thfe diftinction of feats of government, and Hiflory of Tythes.cbap.VI. III. pp.80, 81. 30 Origin ot tje Office. [Part II. Cone. Sardic. cap. VI. Cone. Neocafar. cap. I.VIII. Cone. Antioch. capp. LXXXVII. — I.XXXIX. Leg. Aleman. cap. XIII. Cone. Gangr. can. Bishop of Lin coln's Charge, pp. 3, feqq. inferior cities, that had been afligned to the fubftitutes or vicarii of the Prcsfecti-prcetorio or Vice-Royes of the Eaft or Weft empire ; fo were pariflies appointed and divided to feveral minifters within the ecclefiaftick rule of thofe dignities, according to the conveniences of country- I towns and villages ; one or more or lefs (of fuch as being but fmall territories might not by the canons be bifliopricks) to a parifli ; the word paroeda or parifh at firft denoting a whole biflioprick (which is but as a j great parifli), and fignifying no otherwife than diocefe, but afterward being confined to what our common lan guage reftrains it. The curates of thofe pariflies were fuch as the bifliop appointed under him to have care of fouls in them, and thofe are they which the old Greek councils call Trpecr^vrepoi eirix^pioi, OV ol ev raif ^WjOa/?, or kv Toig KCifxaig irpecr/SiJTepot, that is, presbyteri parochiani, within the biflioprick, neither were the cSorept'gcopt much different from them. Thefe had their pariflies afligned to them; and in the churches where they kept their cure, the offerings of devout Chriftians were received, and difpofed of in maintenance of the clergy and relief of diftreffed CJhriftians, by the oeconomi, deacons or other officers thereto appointed under the bifliop &c." — But we are going aftray. The reader who may wifli for information on the ufages of the Eaftern church — the parent of all our inftitutions in Chriftian polity — ^is referred to Archbifhop Wake's Vijitation Charge at Lei- cefter (mdccix), as bifliop of Lincoln. He will there find an excellent fummary of the fubject, as bearing on the ancient rights and privileges of the church. Such minute particulars are unimportant to the main drift of our prefent inquiry ; which w'ould only go to Sect. I.] Origin of Heans Mural.— ®]&orepiScopi. 31 prove, that, in very early days, there were in the coun try what we call parochial presbyters with local cures, fubject to the fupervifion of epifcopal coadjutors of urban bifliops : — the neceflity, reafonablenefs, and law- fulnefs of which organization of her priefthood by the Chriftian church, my predeceflbr of the ticanrg of Chalke has advocated in his inftructive refearches into the origin of the irecanal office — (hewing the practice of de legating to truftworthy fuperintendents the care and management of certain parts of ecclefiaftical concerns, to be " grounded upon feveral precedents in the word of God." — For thefe, and my very copious notes in farther explanation of " this partition of things belonging to the epifcopal function in the Eaft,ern church," together with the origin, regulation, and diffolution of the first-ap pointed bifliop's deputies — "commanded to be efteemed very honourable " by the Neocsefarean fathers, — ^I muft refer my readers to the illuftrated reprint of the auto= grapfi annexed^ — requefting their attention, however, previoufly, to fome farther remarks on the cjoreptscopal office at its zenith and decline, and on its gradual tranf- ition into arcfitprcgbgteraCB, in which it finally merged, both in the Eaftern and Weftern churches. Let me not be mifunderftood, when employing the terms fubordinate and vicarious in reference to these rural prelates. I would not have it fuppofed that the cSorepigcopi were ever, in point of order, other than genuine bifliops, from the period of their firft appear ance to that of their final abolition : — however equi vocal their character, in the opinion of the fceptical hiftorian of the Decline and Fall, and however unwilling De Soto, De Marca, Morin, Natalis Alexander, Van Efpen, 1 See Mosheim's Ecclef. Hiftory, Cent. I. Part II. c. II. XIII. p. 106. Vol. I. Mac- laine's Tranf- lation. H.D.R. Wo\.n. Appendix.Diocese of Salif- hury — A Brief Account &c. &c. Hift. of Rome, Vol.11, p. 214. note. 4to. Edit. 32 Origin of tlie Office. [Part II. and our own Selden, to grant them the full measure of their holy calling \ Their very name and origin, and the conftitution of their office, prove their prelatical dignity, as Boehmer has luminoufly fhewn in his Dijfertationes Juris Ecclejiaf- tid Antiqui ad Plinium Secundum et Tertullianum ; and more briefly, in his Obfervationes Selectee, annexed to the end of the 1ft Vol. of the Archbifhop of Paris's learned treatife De Concordia Sacerdotii et Imperii. There is no authority, the German afferts, for fup- I pofing that the cfiorepfgcopi enjoyed not the full powers i of the epifcopate, in a ftate of independency, up to the Boehmeri Dif- I pcrlod of thc couucil of Aucyra. — " Eandem dignitatem fert.I.E.A.ad if . , , , v • • • . J.•^ i piin.secund.eti m agris habchat 6 Trpoeo-Tuj quam m civitatibus, eadem Tertull. Diff. V. '• ,° y r, ¦ • 7 -7 x ^ -^ • r Viv.p.3oi.and utrobique, autore Jujimo, munm obibat, et ita ommmoaa epifcoporum tam ruralium quam civitatenfium erat iaoTiixla. Neque enim ante fceculum iv. ullum poteji addud tejiimo- nium, eoc quo planum reddi pqffet, vel nomine lios epifcopos in agris conjiitutos ab urbicis dijiinctos fuijfe. Adhuc fceculo III. simpliciter vocatifunt epifcopi &c^." Differt. V. §. IV. pp. 300, feqq. Cap. XIII. Ob- /era. IX. pp.334, feqq. 9(l)(!Cnbi;'.Salishury Docu ments. ( ' ) Raban Maur, Barlow, Hammond, Cofin, Cave, Beveridge, Bafnage, Johnfon, Bingham, Boehmer, Weifman, even Blondel himself, and, in/lar omnium, the very learned Prefident of Magdalen College Oxford, Dr. Routh, editor of the Reliquice Sacrce et Opufcula Eccleficiftica, being all arranged on the fide of their plenary epifcopal rank and function (and they are only a tithe of what might be cited), muft affuredly out weigh the whole crew of dlffentients quoted by Bingham B. 11. c. xiv. s. 2., many of whom, from finifter motives, would degrade the cj^orepiscopal order, and amalgamate it with presbyteracy. O See notes to Priaulx's Brief Account, 10. p. 10. for an example; and fee references there cited, and alfo Mr. Johnfon's admirable note to can. X. Antioch. in Cade of the Univerfal Church, Fade-Mecum, Vol. 11. p. 93. and Weifmanni Hijtoria Eccleficiftica, Vol. i. p 434. Sect. I.] Origin of 30eans Mural.— ©Jorepiscopi. 33 But when the polity of the church began to conform itfelf to that of the ftate, their condition worfened. Before that, all bifliops were on an equal footing — the cfiorcpt'gcopt being fo many (rvWeirovpyo), or comminijin, or colleagues, of the bifliops of cities, and not btcartf epfgco= porum, correctly fpeaking, till a later date. There was no fuch thing as fubjection of rural to urban prelates, till the Ancyran fathers originated the limitation of the cj&or= cpfgcopal function^ — gradually more and more abridged by other councils ; till, at laft, nearly all their authority being taken away, the ftraitened cboreptgcopt could do little or nothing proprio jure, but acted almoft entirely by delegation. And then it was, that the title of epigcopo= rum bicartt, or bfgbopg' ^Jeput{eg^was applied to them, the Ejufdem ^.viii. pp.308, feqq. (') At this and later date, Mr. Lewis fays, their office was, to pre- fide over the country clergy, and inquire Into their behaviour, and make report thereof to the city bifhop : and alfo to provide fit perfons for the inferior fervice and minlftry of the church. And, to give them fome autho rity, they had the following privileges conferred upon them. 1. They were allowed to ordain readers, fubdeacons, and exorcifts, for the ufe of the country churches ; but they might not ordain priefts nor deacons without the fpeclal leave of the city bifhop, under whofe jurifdiction both they and the country were. 2. They had a power to confirm thofe who were newly baptized in country churches. 3. They had power to grant letters dimlffory to the country clergy who defired to remove from one diocefe to another. 4. They had liberty to officiate in the city church in the prefence of the bifhop and presbyters of the city, which country presbyters had not. 5. They had the privilege of fitting and voting in fynods and councils. (^) In tJie Manual according to the ufe of Sarum, the Suffragan feems to be called the hisJop'S Ueputg ; fince, In the charge there given " to godfathers and godmothers," they are charged, " to lerne the child, or fe that he lerned the Pater ncjler, Ave, and Credo, after the lawe of all holy churche, and in all goodly hafte to be confermed of my lord of the diocefe, or of his tiepute." VOL. I. J) Provinc. Ij. I. T. II. gl. in V. eorum vices. "Walon.Meffalin.de Epifc. et Presbyt.^.Z\%Lewis's Ejfay on Suffragan Bishops, p. 6. Cone. Antioch. can. X. Cone. Antioch. can. VIII. Conc.'NeoGeeJar, can. XIII. See Routh's Re- liquies Sacns, Vol. III. p. 486. Fol. xxxiil. c*. Ed. 1554. 34 ©rigin of tjbe Office. [Part II. very title employed by our own Lyndwood to defignate Jjeang rural, " quafi qui Iv x<^p(} epifcopi conjiituti et locum ejus tenentes." From this ftate of deteriorated authority of btllan btgj&opg, the tranfition was eafy enough, with a little more curtailment, to bfgttatortal arcfttpregbgteracB^ Accordingly, it was on the abolifliing and antiquating of thefe officers, (of whom I fear the reader will think too much has been already said, and will ill bear what I remains behind,) that Duaren fuppofes btcan arcjprtegtg ; or iteang were brought into general ufe — invefted with powers much inferior to their mitred predeceffors, and lefs likely, by approximation of rank, to become offen- dtrmniihr' ''• ^^® ^^ urban epifcopacy — " quibus neque epifcopi nomen 00 Brae/fe L. I. attributum ejif fays the canonift of Bourges, " neque aliud quicquam eorum, quce epifcoporum propria funt : ne fortafse j ipfis audadce atque infolentice illius, propter quam dejecti fuerant minuti ijii epifcopi, occajio prceberetur." ^Jl{ce1v.uL ^^ which opinion, he is fupported by Sir Henry Spel man ; — who, having ftated that the cfiorept'gcopiig was "ideo injiitutus, vel potms fubjiitutus, ut dum epifcopus civitatem, hic vicarius ejus, rus et villas curaret," con cludes his gloflarial remarks in the following words : — " ©fiorepigcoporum munus cum nomine fenslm antiquatum, abolevit (nee prid^m) ecclejia: fubinductis verb in eorum vicem (qui epifcopis liberiits cedunt, et humiliori jure contenti funt) arcfifpregbstertg, alids irecantg ruraltbug, et plebanig^." (') See Bifhop J.Taylor's Epifcopacy AJferted, feet, xxxii. pp.130, 131. Vol. VII. Works, hy Heber; and Blondel. .^poZo^-. pro fentent. Hieronymi de Epifcopis et Presbyteris, feet. iii. p. 95. C) See Thomaffin and Morin beyond; Nelfon's Rights of the Clergy, p. 271 ; A Humble Propafalfar Parochial Reformation, c. i. p. 15 ; and Pegge's Letter to Ducarel on Bijhops in Partibus Infidelium, p. 22. Bibliotheca Sect. I.] ©rigin of ISeans JJlural.— ©fiorepiscopt. 35 Such, afluredly, was the relative pofition of thefe ' fpiritual office-bearers, the one to the other, in the church at large, both in the eaft and weft; — the rural or btcan arcStpregbgter or protopregbgter, the Jeaif pregbster of tfie countrg, in general terms, fucceeding the c6or= eptgcopug^: — in the weft, immediately and by name, — without the intervention of any other title, — in the ; eaft, mediately and under the changeful appellations of HEPIOAEYTHZ, ESAPX02, nPfiTOnPESBYTEPOZ, aud nPfiTOnAHAZ btgitor, exarcfi, protoprtegt, and protopope. In the weft, no cc.u.BetH. canon of any fynod fubftitutes the lower for the higher dignity, till many centuries after the thing had taken place ; — ^indeed, none, within my knowledge, till the ; twelfth century. But in the eaft, fuch a canon is 55. cc. Tom. i. f. 1 . .. p - - . . 1 -1 col. 1539. Tom. lound m the lourth century, — the provincial council iv. coi. losi. of Laodicea (J.D. ccclxiv.) confirmed by the oecumenic council of Chalcedon (A.D. ccccli.), diftinctly fubfti- tuting btgttatorial pregbgterg, delegate fuperintendents , of the fpiritual concerns of the comitry, entitled depi- Bevereg. symd. • 1 1 r, , ,.., V / V ¦ 1 • Tom. I. p. 490. oaeytai, m the place of btllan btgfiopg; m compliance scb.i.c.f. with the Sardican canon, which had forbidden the erect- j App. p. lxxxh. ing epifcopal fees in country villages^, "left the name onTumai^u O tr tr JO' ,-(^ppg Obferva- tions &c. p. 48. Bibliotheca Tapographica Britannica, N°. xxviii. Strype's Cranmer, Vol. I. pp. 51. 87. Vol. II. p. 1041. and Archd. Manning, afthe Unity of the Church, pp. 142, 143, and notes. (' ) " Recentiorem ejffe hanc vocis protopapae notionem adpofite manuit ci. Mazochius," fays Morifan, "quod nufquam prius adparuerint hu- ^j^pTl's'.^' ''*''' jujmadi protopapa, nifi e medio Jublatis in Greecid cjorepiscopis ,' ac fuopte veluti regiminis ingenio, fubjlitui in pagis aportuit, qui qucedam illorum officia fiipplerent, ut perioDeutiS, mutato nomine, fubrogatas fuijfe eiarcjos tradunt." i O The church, being apprehenfive "left the wandering employment ^ Cave's P. C. of the chorepiscopi fhould reflect dishonour on the epifcopal office," (at D 2 leaft Morifanns de Part I. c. VIII. p. 224. 36 ©rigin of tje Office. [Part II. col. 539. and dignity of a bifliop," in Burnet's language, " fliould be vilipended." In the councils of the weftern church, the Laodicean nEPioAEYTHi: — the btgttator of Dionyfius and Crefconius, the curator of Salmafius and Suicer — ^has no place by his eaftern name, though functionally he appears to ^f^c.Tom.vi. be the arcftpregbgter or irean rural: — under the former of which appellatives, he is recorded, for the firft time, in the nineteenth canon of the council of Tours (A.D. -dlxvii). Wherever found, and under whatever title, the officer in queftion is, in rank and capacity, below the btllan btgbop and above the villan presbyter, as is evident fi'om the paffages cited by Bifliop Be veridge from Juftinian and Gennadius, in his learned annotations on the fifty-feventh canon of the fynod of Laodicea ^ Granting, however, that, in the eaft, the xapEn skohos Annott. p. 198. Synod. Tom. ii. Obfervat. X. ad calcem P. de Marc, de C. S. et J. Tom. I. p. 337. Jus Ecclefiaft. Proteftant.h.Ill.Tit. XXXIX. § XXII. leaft fuch was one plauflble plea for the alteration,) " appointed thefe pres6gters itinerant in their room ; who, being tied to no certain place, were to go up and down the country, to obferve and correct what was amifs." Or, it may be, as fuggefted by Juftus Henning Boehmer, that the nEPlOAEYTAl owed their inftitution to the ciriiumftance of the Chor episcopi having pertlnacioufly refifted the continual interference of the urban bifhops with the exercife of their epifcopal functions ; in confe quence of which, the latter, being defirous to get rid of them, appointed bisitors in their ftead, to fuperintend and infpect the country churches. " Ita villanis ecclefiis fchema quoddam et umbram officii epifcopalis'' (fays he elfewhere) " quod explicuere nEPIOAEYTAI, relinquere voluerunt, utfaciliori opera et fine murmuratiane cjorepiscopi extingui pqffent." See Archdeacon Parker's Account of Church Government far thejvrjl fix hundred years, pp. 155, feqq. (¦) See Burnet's Supplement about Mural ISisJbopS, annexed to his Obfervations on thejirjl canon of the Apojlles, p. 49. Sect. I.] ©rigin of ISeans Kural.— -©jboreplstopi. 37 of the third century became the nEPiOAEYTHs^ of the fourth, the EgAPX02, perhaps, under the bifliops after wards, and laftly the upnTonAnAs^, with its various fyn- onymous titles in the writings of the canonifts and fcho- ! liafts of the Greek church, (for proofs of the truth of which pofltions, in the commentaries of Balfamon, Zo- \h.d.r. voi.ii, naras, Ariftenus, and Blaftares, the reader is referred to |&ifsbury''bocu- my annotations on Dr. Priaulx's Brief Account annexed) ''"^""' — how, it will be aflied, paffed this eajiern btgttator into I the wejiern church ? and why fliould it be fuppofed, that i the rural arcfiprcgbgter of the latter derived the conftitu- | tion of his fpiritual fuperintendency from the hepioaeyths of the former? — The probability of the circumftance, founded on the fimilarity of their office and their geo graphical diftribution, is all we can allege in fupport of ! the notion, that the Afiatic bt'gftor is the archetype of | the European tfean rural. Firfi ; — as to their fimilarity of function — take Balfa- ^fc'/Tomf mon's expofition of the Laodicean canon — dWot uev pp-ss.so , , n , .. Bevereg. Synod. Kavoves ev Ta?j KUijxatg kou ev ro7s xoipiois xnPEni2KonoY2 ku) Tom. i. pp. 479, p. 198. SS.CC.Tom.IV.p. 535. (') In the council of Chalcedon, presbyters bearing the title of nEPI OAEYTAI are noticed — d evXafiecTTarog irpea-ISvrepoi Koi IIEPI0AEYTH2 'AAe^avSpos (act. iv.) — BaAei/Tti/Jv Ttva ifperr^vTepov kcu HEPI- OAEYTHN (act. X.) — and again, in the fifth council of Conftantlnople, S^epyioi irpea-jivTepo? Koi nEPlOAEYTH2. See Bingham's Ecclef Antiq. L. II. C.XIV. 12. O " Ut apud nas," fays Morifan, " cjoreptscopis ruraleS arc]&ipres- 6Steri, Hecanique @j&ristianitatis, ita et apud Gtcbcos fuffectifunt proto- papee pleiiium CurioneS." And in the twelfth century, Ariftenus had written in his glofs on the tenth canon of Antioch and the letter of St. Bafil on the fubject of the CJ^orepiSCOpi — XBPEni2KOnoi Je e'laiv, ol crrmepov ev rats Ktifiatg /cat x'^P"^^ nPaT0nAnAAE2 \e]p.epov •npo^aKKojj.evoi irapa tuv eiticTKonuv esapxoi. ovtoi yap ireptoBevovcTi ku) eiriTYipovcn ra i^v')(iKa crcjiaKiiaTa, Kai KaTapri^ovcn Toiig Tria-Tovs.' — and that of Zonaras — depioaeytai Se \eyov- rai, Sta to Trepiep^ecrdat, kou KarapTi^eiv tovs tticttovs p.r) ej^ovTay KadeSpav o'tKeiav. (See more, in my notes to Priaulx.) — Next, hear Bifliop Beveridge's glofs on the fame nEPIOAEYTAI — " Hi presbyteri erant, qui nullo certo loco addicti, epifcopi nomine rujiicanas paroedas circumeuntes, eas vijitabant ; unde circuitoreg et btgttatoreg dicti funt." — Next, Juftellus's — who cites them in a letter of Gre gory the Great, under the fame title of btgttorg, in the Latin church — " iTigt'tatoreg ecclejiarum, clerique eorum, qui cum ipJis per nonfuce civitatis parochias fatigantur, ali- quod lahorisjui capiant, te difponente fubjidium." Gregor. L.iii. Ep.ll. ad Maximian. Epifc. Syracuf. — ^And laftly, Petrus de Marca's — who wrongly identifies the cborept'gcopug and nEPioAEYTH2 (for, if the fame, we furely may afli, with Archdeacon Parker, Why was one abrogated, and the other fubftituted in his place ? and why, let me add, amongft the Syro-Maronites, fliould both ecclefiaftics be, now-a-days, continued ? Why ? but that they ever were as quite diftinct in the elder Greek church, as they at prefent are amongft the Chriftians of Mount Libanus, where they have totally diff'erent allot ments of office to perform) — but rightly qualifies the ambulatory character of the nEPioAEYTH2 with " nifi aliter vifum fuerit epifcopo, qui periolJeutam alicui ecclejice vicance adfcribere poteji, collate et adjuncto munere cceteras vifitandi. Quce videtur mens fuijfe Synodi Laodicence ; cum ant^ Sect. I.] . ®rigin of Heans Kural— ®i)orepfscop{. 39 cfiorepigcopt minifierium clero dvitatis adfcriptum potiUs vide retur quam vicance alicui ecclefice affiocum." Now, it is in the delegate character of this bt'gitatortal ^ function, and, more particularly, in the latter conftitution of it, that the nEPioAEYTH2^, uniting the office of a pa rochial incumbent and that of a btgttator, approximates \ moft clofely to the arcbpregbgter=rural of the weft, as found amongft ourfelves : — and it is, when not fo fpe- \ cially connected by local ties to a circumfcribed and I particular fupervifion, with incumbency — KaOeSpav oiKeiav fir) en^wi/, " mdli fedi adfcriptus " — that the fame officer zonaras ad can. affimilates with the foraneous btcar or irean rural of the i-aokcen. ' archdiocefe of Milan. Nor is he, indeed, under the : latter type, without his counterpart in Spain; where, Auguftin Barbofa tells us, are " btgttatoreg aut bicarit foranei, z>e canonids et A ./• . .. . T. ^,, ... Dignitatibus, quorum opera epijcopus m tota utitur dioecefi — m tact, c.vi. p.68. rural arcbpregbgtcrg or iteang. But whether commiffioned at large, or otherwife, the perioireutae of old were, ini Boehmer's words, "quafi procuratores et eptgcoporum! btcartt," and, as fuch, "regiones epifcoporum circumibant et vijitabant." And fuch, in the modern orthodox Ruf fian church, are the diocefan reprefentatives of the old pertoireutee called, in the Ruffian language, 23lagocbennte (fee extracts from Archbifliop Platen's Infiructions in the ^ppentttx) — and fuch, in the Lutheran church there eftabliflied, are the ^robgtg, anfwering to the 23lago- Slppcnti;:, Ruf fian Documents. (') " lt'"iSttator, nEPioAEYTH2, appellatur rjorepiscopus in concilia Laadiceno : eaque nomine pulcherrime fpiritalis hcec juriJRictia decla- ratur. Ciim enim bicarii foranei epijcoparum effent, el ii prorsus qui pofiea dicti funt Jjecani rurales, in vifitando macdme eo tractu, qui eorum fidei et adminiftrationi creditus fuxrat, spiritale Juum imperium, jurifdictione et charitate temperatum, explicabant." Thomaffin, V. et N.E. D.Tom.i. Part I. L. n. cap.i.^x.p.217. 40 ©rigin of ti)e ©ffice. [Part II. See Burton's Lectures on Ec clef. Hiftory, Lect.xx.p.l72. Origines Litur- gicce. Vol. I. pp.108, 9. cftennie. (See extracts from the Statutes of the Lutheran church of Ruffia, in the ^ppeniftx.) Secondly ; — with regard to their geographical diftri bution. — It is not unworthy of repetition, that the firft fynodical notice of the nEPioAEYTH2 is in the provincial council of Laodicea, in the fourth century ; that of the arcbpregbgter-bican, in the council of Tours, and in the writings of Gregory, bifliop of that fee, in the fixth cen tury : and that it is the opinion of the learned, that there was an early connexion between the Gallican and Afiatic churches \ Irenaeus, bifliop of Lyons, the firft Cone. Laodic. can. XIX. C. C. E.U.inB.l.C.V. Tom. I. p. 51. Hift. Ecclef Bedas, Tjb. II. C.II CC.M.B. etH.\o\.\.-g.15. Roberts's Ap pendix, No. VI. p 316. Dijferta- tion on the Hift. of the Anc. Brit. Church. (') The original famenefs of the ancient liturgies of the exarchate of : Ephefus (the churches, that is, of Aiia and Phrygia, Including Laodicea), and primitive Gaul, is reafonably entertained by Mr. Palmer in his Origines LUurgiccB ,; and it is a curious fact, that, whereas ^the latter effentially differed from the Roman, the Alexandrian, and the Great Oriental, its variation from the laft, viz. that of Bafil and Chryfoftora, is diftinctly pointed out as being In that very part which is fo carefully . regulated by the nineteenth canon of Laodicea. Whence the learned author infers the previous exiftence in the Afiatic exarchate of a primi tive liturgy (perhaps of apoftolical origin) identical with the Gallican, and fubfequently conformed to the Oriental by the interference of the ' canon in queftion. — Let me fubjoin, as interefting to ourfelves — There is no trace of more than two primitive liturgies in the weft — the Gallican and Roman. The former feems to have prevailed in Gaul and Spain, and probably in Britain : at leaft the Britifh differed from the ' Roman, as appears from the anfwer of Auguftine to the Britifh bifhops at the Worcefterfhire conference — the " ccelera qucs agitis moribus nafiris contraria," the cuftoms contrary to the Roman cuftoms : whence is in ferred the famenefs of the Gallic and Britifh rites and ceremonies of worfhip. See Spelman. Brit. Cone. Tom. i. p. 167 ; and Stillingfleet's Orig. Brit. c. IV. The Britifh church obferved the rule of the Gallican, as to the time of keeping Eafter : and as the church of Lyons followed the doctrines of IrenEeus, who received them from Polycarp, the difciple of St. John, fo the Britifh church referred their doctrines decifively to the fame Apoftle. Sect. I.] ©rigtn of IBeanS Mural.— ®j&orepiScopi. — founded Chriftian eftablilhment of Gaul, was a difciple of Polycarp, bifliop of Smyrna ; and many of the miffio- naries of the former church are reported to have been difciples of the difciple of St. John. From Afia, there fore, the church of Gaul may reafonably be fuppofed to have originally derived her ecclefiaftical rites, cuftoms, and difcipline, founded, in all probability, on the inftruc- tions given by St. John to the feven churches of that country (of which Laodicea was one), and more or lefs modified, at a later period, by fuch canons as were enacted by the councils of the parent church for the fubfequent regulation of her own polity. In Afia Minor, cfioreptgcopi originally abounded, and fubfequently peri= oieuta. If, therefore, from Afia came the polity of the Gallican church, it is not unreafonable to fuppofe that from Afia came the inftitution of fubordinate rural bigitorg into the diocefe of Tours; where they firft appear in Weftern Europe, nearly two hundred years after their creation in the eaft ; but as foon, perhaps, as the economy of the weftern church admitted or required parochial vifitation by other than bifliops ^ ¦W.T.Cony-beare's Bampton Lectures 1 839. pp. 284-5. & note. Revelation, chap. I. V. 1 1 . & chap. III. V. 14. (') Upon thefe dark points, where fo much is left to conjecture, I venture not to hazard an opinion, but merely fuggeft the probability of the above hypothefis. " I would have none to ymagine that I take upon me peremptorily to determine anie thing in this matter of an- tiquitie, as being not ignorant with what obfcuritles queftions of this nature are involved ; efpetially where helpe of auncient monuments is wanting. My purpofe only is, to pointe unto the ffountaines, and to compare the prefent ftate of thinges with the practice of auncient tymes; thincking I have done well if hereby I male give occafion of further inquirie unto thofe who have greater judgment and more leifure to boulte out the truth of this bufines." Usher's MS. Treatife on He- renaches &c. 42 ©rigin of tj&e ©ffice. [Part II. Bingham O.E. B. II. C.XIV. s. 12. Archd. Parker's Account ofCk. Government, p. 155. Bevereg. Synod. Tom. I. p. 439. SS.CC.Tom.ts.. col. 695—826. Cone. Aquifgr. n. capit. u. can. IV. Though the arcfiipregbsteral or protopregbateral, pert= oireutal or btgttatorial, office was intended by the ancient councils of the church to fuperfede the cfioreptgcopal, and i did eventually do fo ; ftill it was a long time before ; this change of polity was finally confummated. For effecting the object, the canons were, for the moft part, topical, and concerned only particular provinces : fo j that we find the church, about this date, fays Arch- ; deacon Parker, varioufly governed, in fome places by countrg btgfiopg, in others by bigtting pregbgterg, and in fome diocefes by both^. Even in the Greek church, it would appear from Balfamon's commentary on the tenth canon of the fynod of Antioch, cfioreptgcopt and protopa= paiteg CO-exifted — KeKofKufxevov inch Twv /cavwwv ecrriv, emcTKo- TToi/j yivecrdat els ^pa^^eias itoKeis kou KCifxas, Koii Sia tovto e')(ei- poTovovv els ravTas tcpecr^vTepovs, rjrot np£2TonAnAAA2, Ka) xap- Enr2KonoY2. In the Latin church of the ninth century, ; the fuperior functionary co-exifted with the inferior, — the former, we may fuppofe, in a waning, the latter in a nafcent ftate ; and the bifliop had the advantage of the triple miniftration of cftorepigcopug^, arcfipregbgter, and archdeacon : — to whom, collectively, the title of : " epifcoporum minijierii adjutores " is applied by the third ! capitular of Louis the Pious, chap, v., and that of " epifcoporum minijirif by the fecond council of Aix-la- Canones Arabici ex editione M- fonfi Pifani et Francifci Tur- riani in Hart man. et Ruel. CC. Illuftr. Tom.n. (') In the fiill enumeration of ecclefiaftical officers in the Latin ver fion of the Nicaeno- Arabic canons (of very doubtful, or no authenticity) annexed to the genuine Nicene code, arcj^preSiiSterS are alfo joined with cj^orepiscopi and archdeacons at a much earlier date (A.D. cccxxv). But there, probably, urban or cathedral arcJprieStS are meant. The fifty-eighth canon fpeaks of the cjorepiscopus and archdeacon " tanquam ducB manus et ducB alee, quibus epifcopus volat." Sect. I.] ©rigin of ISeans Mural.— ©jborepiscopi. 43 Chapelle (A.D. dcccxxxvi.), in the latter part of chap. ii. de vita et doctrind inferiorum ordinum. From whence may be inferred the compatibility of their contempora neous jurifdiction, as well as their general fubjection to j one fuperior. And why fliould they not have been co-exiftent in extenfive diocefes ? For the archdeacon being, in thofe 1 days, a clofe attendant on the bifliop in the epifcopal ; city, refldent there, and only occafionally, and on fpecial j satteiy's can- ** -' ^ J .} ^ i- ! tuana Sacra, bufinefs, fent, as a commiflary or mandatary, into the ¦ p»[^J^- "''»?¦"• country (more often on fecular than on fpiritual affairs), there was room enough for the employment of the other two in their purely fpiritual capacities, without interference with each other's privileges, or thofe of the urban bifliop. To the cfioreptgcopug, or btllanug epigcopug, of the date alluded to, we readily affign^ a general fuperintendency over the whole country region and its villages, remote from the epifcopal fee, and the exercife therein of certain epifcopal functions, gradually more and more curtailed to the period of their final annihila tion, in lieu of the urban bifliop ; who " himfelf looked Taylor's Epi. to the metropolis and the daughter-churches by a general xxxvn. fupraviflon:" — To the arcbpregbpter, we grant a partial fuperintendency over a certain number of pariflies of a particular diftrict, within the precincts of which he was himfelf incumbent^. (') " ©l&orepiscopi minifierium eft," fays Ebbo, bifliop of Rheims, Opufc. Ebbon. " omnem facerdotalem totius regionisjibi commiffcB converfationem ccyrri- "t ^"^' ^'"'^' gere atque dirigere &c." See P. de Marca de C. S. et I. Lib. ii. cap. xiv. Tom. I. p. 293. 4to. Edit. „ . , . 1. . 1 1 Prima Ltnea- ( ) So Dr. Cofin, Tai. XI. feems to divide thefe functionaries: — "per menta prajentis totam aliquam dicecefim; ut eptscopi titulares qui olim cjborepiscopi, fialik'aAngii^ nunc MDLxxxix. 44 ©rigin of tj&e ©ffice. [Part II. Capitular. L. vi. cap. 121. Such an arrangement of ecclefiaftical officers — each refpecting the rights and privileges of the other, and all having the common good of the church at heart — appears to us as if it muft work well, and be productive of much advantage. But it was not fo ; — harmony did not, long together, reign between the bifliops and their mitred rural Jjeputtes^, who were continually put down, and again reftored, according to the temper of diocefans, for feveral centuries ; till the church, becoming, at laft, weary of the continual clafhing of epifcopal and cfiorept^ gcopal interefts, determined, in the time of Charlemagne^, Origines Eccle fiaft. L. II. cap. XIV. § xn. Tom. I. p. 199. Capitular. Reg. { Francor. Lib. VI. ' c. 121. Tom. I, p. 327. nunc episcopi Suffraganei vacantur &c. &c. — In parte aliqua dicecefeos, ut arcjipresbsteri (quos tecanos rurales vacant) atqu£ nunc plerumque adhibenlur ad convocandum clerum. — Signijlcandum eis nonnihil ab Ordinario (ut Jit) per literas. — Inducendum in beneficia vice archidia coni rematihs agentis." On the caufes which induced the popes to change the cfiorepiscopi into titular fiisl)opS,yee Nelfon's Rights afthe Clergy, p. 137 ; alfo Boehmer. Differtat. v. de Chriftianorum ccetibus in vicis et agris, § viil. p. 308. D. I. E. A. The latter began to be appointed, according to Jortin, at the clofe of the fecond century. Ecclef. Hi/t. iii. 64. See alfo Newman on Suffragan Bijhops, p. 38. (') Mr. Bingham alleges other caufes for their final fufpenfion and abolition—" Jam vero poteftas cliorepiscoporum " (I quote from Grifcho- vius's verfion) " labafcebat, et ad deteriorem, ftatum inclinata gradatim imminuebatur, donee tandem fceculo ix.ftctis et fabricatis decretalibus et infcenam productis, haud veri nominis epifcopi effe dicer entur : atque ita per paparum tyrannidem in ecclefiis occidentalibus prarjus ahrogarentur." O " Placuit ne cj^orepiscopi a quibufdam deinbepsfiant, cjuoniam hac- tenhs a nefcientibus fanctarum patrum et maxime apoftohrum decreta, fuifque quietibus ac delectatianibus infervientibus facti funt. Idcirco et ohm perfcepe, et noftra, a fanctd apaftolicd fede funt prahibiti; et ne deinceps a quoquam, tam ardinante, quatn ordinari cupiente, talis prce- fumptio qjfumatur, a cwnctis regni noftri epifcopis eft infynado cananico prohibitum." And the fame was decreed by feveral other councils on the entire fufpenfion of the latter order ; (as far at leaft as fuch an object could be effected by canon; for many bifliops "fuis quietibus ac delectationibus inJice- rentes," ftill continued to depute the labours of the epifcopate to their inhibited reprefentatives of the country,) and apportioned the feveral duties to the city bifliops, arc^prtegtg and rural treang. — " Nomen primiim uovm. de sacr. fujiulerunt epifcopi, ne ampliils fuperbiendi illis occajionem Exereili daret: deinde offida bipertlti funt. Quce epifcoporum erant propria, ut ordinare, ecclejias confecrare, confirmare, et ejufmodi cum nullo presbytero ab eo tempore ampliils com- municarunt, fed JiU folis refer varunt. Ccete)-a verb quce ad Sect. I.] ©rigin of IBeans Mural— ©j&orepiscopi. 45 p. 57. II. (yee Ducange in voce cj&orepiscopus) : but yet, for all that, they ftruggled on for a long time after, and were not totally abrogated, as Peter de Marca obferves out of Sigebert, till the end of the eleventh century. See De Soto de In/litutione Sacerdotum, qui fub epifcopis animarum curam gerunt, p. 340-41 ; Dodwell's Separation of Churches, cap. xxiii ; Arch deacon Parker's Account af Church Government, p. 160; Boehmer Jus Ecclefiaft. Prateftant. Lib. iii. Tit. iv. § xxxi, xxxii. ; and an article In the Britifh Magazine for Sept. 1836 — on rural JisJopS and rural DeanS — to which the Editor of that periodical calls particular attention in a foot note p. 300. " Damnatus tamen non ubique cjorepiscopus," fays Matthaeus, " et utut centies damnatus, epifcoporum ignavid tamen, tum feculi negotiis obfejfi et impediti, dum otio fuo confulunt, paulatim revixit &c.'' And fo Natalis Alexander — " ©JorepiSCOpoS favit epifcoporum in facris U)e gljouetsifco- minifteriis obeundis defidia. Homines fdlicet laici ad epifcopalem dig- jp'isy' '"*' nitatem honoribus et divitiis opimam evecti, onera illi conjuncla ferre • dedignabantur, ideoque ilia in CJOorepiSCOpoS transferebant, dum interim i ipfi liberihs genio fuo indulgerent." A further reafon for the continu- \ ance of thefe prelates may be found in the opportunity thereby afforded to kings and rulers of putting oflF the election of urban bifhops to vacant fees, and receiving into their own pockets, or thofe of their courtiers, during vacancies, the difference between the larger income of the fuperior ecclefiaftics and the limited ftipend of their fubftitutes. De Nobilitafe &c. L. II. c. XL. p. 632. 46 ©rigin of tje ©ffice. [Part II. Vet. el Nov. Eccl. Difcipl. de Benef. Tom. I. P.I. L. II. c.v. De Concordia Sacerd.etlmper. L. II. c. XIV. Tom. I. p. 294. De Sacr. Ordi nal. B. III. Ex ercit. IV. c. VI. p. 57. III. Colet. Not. ad Can. Arabic. Cone. Nicesn. SS. Cone. Tom. II. col. 317. jurifdictionem, et ecclefice regimen pertinent, arc]&tprcgb8teris, et ifecants ruraltbug potijfimiim attribuerunt. Unde etiam anti quities paulo poJi chorqyfcoporum extinctionem arcStpregbgtert d multis ttecant ruraleg vocabantur, ut notat Innocentius III." Nor does Thomaffin's appropriation of the antiquated duties of the cjorepigcopate differ from Morin's ; fave that he grants a Ihare of them to the ruling deacons — "Proximo poJi cjborepigcopog hco erant arcfiipregbBteri, quo factum eJi ut ubi fuhlatum eJi illorum collegium, in maximum partem protejiatis et minijierii eorum adoptati hi fuerint, parte reliqud in archidiaconos refufd:" — in which latter remark, he is fupported by Peter de Marca, who grants to the archdeacons "follidtudinem animadvertendi in pref- byteros et pagorum vi/itandorum, quce prceter ccetera c^orepi- gcopig competehat ;" but takes no notice whatever of the portion of thofe duties which fell to arcSpregbgterg : — whereas Morin looks upon the latter as having enjoyed them prior to their being fhared by the archdeacons — " Pofiea nefcio quo cafu plurimum imminuta eJi arc^tpregbg- terorum autoritas, et cum archidiaconis contra jus antiquum communicata." Elfewhere, Thomaffin, curforily glancing at the de cayed office of the cSoreptgcopug during the flxth and feventh centuries, yet farther notices the ftrong affinity which it would have borne to the rural arcfipregbgter'g, had the latter enjoyed^ a greater territorial extent of (') — Which more extenfive jurifdiction obtained at a later date in the diocefe of Milan, in the cafe of the foraneous bicarS of Archbifliop Bor romeo. — " ad vicem cjorcpiscoporum, quibus jam non opus eft, accedunt \ nunc bisitatores quos vocant, in Mediolanenfi ecclefia, bicarioS foraneos : hi funt facerdotes probati, quos epifcopus deligit, et certas regiones dice cefis fucB attribuit infpiciendas et luftrandas, ut in dvitate fud gregem qui Sect. I.] ©rigin of Heans IJlural.— ®iborepiScopi. 47 parochial jurifdiction : " Ivoc faltem dicemus, cum arcl)f- pregbgtertg ruraltbug magnam cjboreptgcoptg affinitatem inter- cejjiffe, Ji horum fidei plures ejfent mandatce fubjectceque parochice." " Quos Greed cborepigcopog, hoc eJi certarum regiuncularum in qudlihet dioeceji fpeculatores," fays the fynod of Augsburg, " alii archidiaconos, alii arcjbiprcgbBterog vocant, in nojird ecclejid cathedrali, quo ad certum dijirictum moeniis Augujianee civitatis adjacentem archidiaconi, in reliqud verb dioeceji Ijecanorum ruralium nomine cenfentur." Laftly, Filefac affirms the identity of the Greek perioiteutse and Latin iteang rural in thefe words — " Si jus canonicum Latinorum fequi vellemtts pertoiteutag non alios Jignificare ^Mamarcfiipregbgterogyew ifecanog rugticanog diceremus:" and Natalis Alexander ftates the devolution of cfioreptgcopal vifltation and correction to archdeacons and iteang rural : — " Sollicltudinem lujirandi rujiicanas parochias, et corrigendi presbyteros, quce cfioreptgcopig competehat, in archidiaconos et irecanog ruraleg transfuderunt epifcopi:" — and once more Blondel — "In liorum curam archidiaconi, arcbtpregbgtert, quofque nunc itecanog ruraleg vocare mos eJi, ex parte fuccef- ferunt." Apolog. Sect. iii. p. 134. See alfo Morifan. de ^rotopapfg, cap. vii. p. 108. to the fame point ; and parti cularly, p. 115. where he fays expreffly that the protopapae plebium curtoneg fucceeded the c^oreptgtopf. But enough : — To multiply authorities on fo clear a point as the origin of the rural arcSipregbgterate or ireca nate (for we may, with Thomaffin, ufe the terms as fignifying the fame jurifdiction) out of the c^orepigcopate. I Thnmaffm. V. et ' N.E.D. Part. i. L.ii. C.I. 16. p. 218. SS. CC. Tom. XIX. eol. 1301. Parcecia, cap.iv. p. 59. Differtatio de g()CCtuifcopiS, p. 1881 Differt. Ecclef. Trias. Diatriba de spcotopopiS. qui extra civitatem eft, quafi prcsfens intueri et curare pajjit: quibus qui primi nomen hoc impojuerunt, videntur mihi nomen CJ^orepiSCOpi ab infpicicTidis regionibus interpretali." 48 ©rigin of tje ©ffice. [Part II. Deer. Greg. IX. L.I. T.xxiv. CIV.Hoftienlis in Comment, fol. cxix. SS. CC. Tom. IX. col. 1070. & Tom. XI. col. 706. Canones Conci- lii Anonymi. Jacob. Goar. Eucholog. ^.WJ. not. 25. appears altogether unneceffary; and therefore I need not accumulate on the many names already adduced in fupport of the opinion, thofe of Goar^, Valefius^, M.A. de Dominis ^, Stillingfleet, Downame, Colet, Richard, Brett, Pegge, Nelfon, and others. The fact fpeaks for itfelf; and, as Morin has obferved, the words of the thirteenth canon of the Pavian council (^.D. dcccl.), repeated in that of Rome or Ravenna (A.D. dcccciv.), indirectly confirm the correctnefs of our view. The canon referred to is an important one ; and there fore I quote it in full, with fome of its annexed gloffes : "Propter ajjiduam erga populum Dei curam, Jingulis plebibus arcjjtpregbgterog prceejfe volumus ; qui non folum imperiti vulgi follidtudinem gerant, veriim etiam eorum presbyterorum, qui per minores titulos (ecclejias gl. Hoft.) habitant, vitam jugi circumfpectione cujiodiant, et qua unufquifque indujirid divinum opus exerceat, epifcopo fuo renuntient (quod folus Valefii Annota- tiones Socrat. Hift. Eccl. L. VI. c. IX. Sac. 7. p. 323. (') " 'O npQTonAiiAS — quiet npfiTOiEPEYZ : arcJipresf'Stf'J eft, et antiqui cJorepiSCOpi, fi nan nominis faltem poteftatis fucceffar ; nam et in infulis Venetorum hectares inftituit, et de rebus ecclefiafticis dijudicat. Ubi plures facerdotes concelebrant, primas ipfe tenet, et eKcpcov^a-eig pro fert : et tandem, ut loquitur Codinus cap. i. irparog itrrt tov /S^/xotoj, ^epcov ra SevTepe7a rod apxiepeax; : unde et in vicis, epifcopo abfente, reliquis facerdotibus femper prceeminet, et in eos jus exercet." O " arcjipresbgteri in vids et appidis interdum conftituebantur, quippe quifuccej^erant in locum cborepiscoporum." Bingham is not quite correct, when he fays the power of the ancient chorepifcopi dwindled into that of the archdeacons. The latter succeeded to yome additional authority on the abolition of cj&orepiscopacg ; but the greater part of the power of billan bisDopS devolved on teans rural. See O. E. B. ii. c. xxi. s. 10. C) See M. A. de Dominis de Republicd Ecclefiafticd, L. ii. c. ix. p. 291. Sect. I.] ©rigin of Deans JJlural. — ®f)orepiscopi. 49 epifcopus efi judex ordinarius in fud dyoceji de jure com muni, gl. Hoft.) Nee obtendat epifcopus non egere plebem arcfiipregbgtero ; quafi iffe eam gubernare valeat; quia etji valde idoneus Jit, decet tamen ut partiatur onera fua ; et Jicut ipfe matricl ecclejice {cathedrali, majori titulo, gl. Hoft.) prceeji, ita anliiij}\z%i^tm prcejint plebibus'^, ut in nullo titu- het ecclejiajiica follicitudo ; cuncta tamen (fubaudVmajora et dubitahilia, gl. Hoft.) ref erant ad epifcopum, (prceter minora quce ipfe determinare poteji, cum habeat ordinariam jurifdic tionem, gloJfT) Nee aliquid contra ejus decretum ordinare prcefumant: (fubaudi etiam leve, cum enim arcbtpregbgtcr et archidiaconus vicarii funt epifcopi, patet quod epifcopus poteji eos, nifi confuetudo objiet contraria, quandocunque vo- luerit prohibere, vel eorum fententias revocare, glojf. Hoft.)" We here fee granted to rural arcbpregbgterg (in the 'o°^-^-pni"" firft canon of the weftern church that gives them plenary Exercit. iv ~ V cap.vi. p. 57.m. inftitution, and clearly diftinguiflies them from the urban (') In accordance with which prefidency over the ecclefice baptifinales of the country, here denominated plebeS, the earlieft atteftation of the countrg arcbprieSt, which has come under my notice, gives him the title of arcjilpresbgter tie plebe. It is fubfcribed to a grant of Benedict, bifliop of Adria, ^.D. MLiv. — "Petrus arc^ipreshgter tie plete Sancti MarsLtori Antiq. Cqfianifirmavi." _ _ ^^t^^m'""'- The cited Pavian canon being an important document, the reader will not deem the remarks of Muratori upon it irrelevant. " Ex his habes," ^^-^ ^jj fays this laborious compiler, " rurifuiffe matrices five primarias parochias, plebis appellatione di/tinctas, ubi baptifinus celebrabatur; quibus qui prcsficiebantur, arcjipresfigteri confuevere vacari. Erant autem et alice m,inores parochice (minores tituli-capellcn) arcjipresbgtero ita fubjectce, ut quoties de ibi collocando rectore five presbytero ad confejftanes audiendas, aliaque prceter baptifmum, aliaque peragenda, electio fpec- taret non folum ad epifcopum, fed etiam ad arcjipresftfiterum." After which, he quotes examples of the latter's "jui conftituendi rectores in minoribus titulis." VOL. I. E 50 ©rigin of t]&e ©ffice. [Part Chronica Ger- vasii, Scriptor. X. col. 1447. SS. cc. Tom. xrn. col. 304. can.vn. &col. 425. can. XV. Decret. Gregor. IX.L.T. T.IV. 3 officers) the whole of the cjboreptgcopal functions, fave thofe alone of the higheft grade (as collations to holy orders &c.) ;¦ which the bifliops refumed and retained in their own hands ; inafmuch as thefe were incommu nicable powers, and could not, canonically, be delegated to perfons not of epifcopal dignity. And fo clofe was the approximation, and indiftinct the line of demarcation between arclipregbgtergjtp at its zenith, and cljcrepigcopacg at its decline, that the privileges of urban bifliops were, at one time, as much infringed by the ambitious inter ference of their unmitred iteang, as they had previoufly been by that of their mitred guffragang. Even when the church had decreed, in more than one council, the entire abolition of cljoreptgcopt, and had, by the canon above cited, and many others, ftrictly defined the duties of their fuccefsors, (fo that there fliould be no more confufion of privileges in the adminiftration of fpiritual affairs,) we find the rural arcliprtegtg, like their cjorepigcopal predeceffors, tranfgreffing the boundary line within which conciliar law had placed them, and at an annual rent ("Jub annuo pretio" — "pro certa pecunice quantitate")—£im.om.&cal\Y purchafing of their diocefan bifliops a fort of eptgcopal rank and judicial confequence : till at length, in the twelfth century, the councils of Tours (A. D. mclxiii.), and of Rome (A. V. mclxxix.), viewing the practice, as, at once, a burden and difgrace to the church, and fubverfive of its difcipline, inhibited j it, on pain of deprivation \ ( ' ) The origin of the abufe, and the interference of the papal fee for its fufpenfion, are thus recorded by Pierre Rouviere, in his Hftaria Mo- ncfterii S. Joannis Reomaenfis in Tractu lAngonenfi ;— " Munus eorum, (fell. Decanorum ruralium) etfi initio fuit, cv,rare plebem agrejlem, mino- , rumque Sect. I.] ©rigin of IBeans Mural. — ©Jorepiscopi, 5 1 This, however, was, confeffedly, on the part of the bifhops, an improper delegation of fome of the higher powers of epifcopacy to unlawful hands, at the price of a bribe ; and, on the part of rural iteang, an ambitious attempt to enlarge the exercife of their privileges under a certain prejiation or payment, fimilar to that, perhaps, by which archdeacons, at one time, obtained an amplifi cation of their powers. But that arcbprtegtg, with their legitimate and ufual capacities, were fuitable fucceffors of btllan btgj&opg in the weft, may be inferred from the fact, that, in certain diocefes, the former are expreflly ftated to have been rumque titulorum presbyteros; tamen lapfu temporis eo procejfit, ut jurifdictione epifcopali parte aliqua augeretur. Hic enim eft, quod in hoc Tabulario Reomaenfl alibique pajfim tam crebra reperiantur ijeca norum de rebus ecclefiafticis judicia et arhitria, quce Jliperioribus fceculis nan tam facile occurrunt. Eo vera progrejfa eft aliquando eorum po teftas, ut prceter ilia, quce erant ordinis nihil non autoritatis epifcopalis exercerent, canductd annuo precia epifcopi jurifdictione. Quce res cum Alexandro III. vifa eJfet non parum periculafa, fordida, atque ecclefice onerofa, fie fanxit in Concllio Turonenfi. ' Quoniam in quibufdam partihus tiecant quidam vel arcjipresbgteri ad agendas vices epfcoparum, feu archidiaconorum, et terminandas caufas ecclefiafticas fub annuo precioftatuuntur, quod ad facerdotum gravamen, et fubverfionem judi- darum non eft dubium redundare, id ulterius fieri prohibemus. Quod fi quis de ccetera fecerit, removeatur a clero : epifcopus autem, qui hac Juflinuerit, et ecclefiafticam jurifdictionem fud patitur diffimulatione perverti, diftrictione canonicd percellatur.' Ita refert can. Quoniam. Ne prcelati vices fuas 8fc. Defiit, ut opinar, haud diu pofiea hcec car- ruptela, fed JjecaniS fua nihilaminus manfit jurifdictia, quam deferibit concilium Coloniertfe. ' Quofdam accepimus,' inquit, ' impedire tlecanoS XUxaUi quaminus pq//int officia, et jurifdictionem fuam exercere,Jynodos Ubere celebrare, et excejjiis carrigere, qui et ipfi intelligant fe excommu- nicalianem a jure, et canonibus latam incur rere.' " 52 ©rigin of t]&e ©ffice. [Part IL Ware's Works ijf Harris. Vol.i. p. 141. & O'Conor's Rerum Hibern. Script. Veter. Vol. I. Prolego mena, CLVI. CC. M. B. et H. Vol. I. p. 547. fubftituted for the latter ; as the perioiieutae were fubfti tuted for the c^oreptgcopt of the eaft. In Ireland, for inftance, we learn, from the preamble to the conjiitutions of Simon de Rochfort or de Rupeforti, bifliop of Meath (A.D. MCCXVI.), that the legate John Paparo, cardinal of St. Laurence in Damafo, and legate from Pope Eu gene III. to the Irilh, ordained, in a general fynod, held (A.D. MCLii.), in the abbey of Mellifont, or, as fome fay, at Kells or Kenanufe in Meath, — "inter alias falubres conjiitutiones, tunc et ibidem factas, ut decedentibus c5or= cptgcopt'g, et exiliorum fedium epifcopis in Hibernid, in eorum locum eligerentur, et fuccederent arcbipreghgtert a diocefanis conjiituendi, qui cleri et plebis follidtudinem gerant infra fuos limites, et ut^ eorum fedes in totidem capita itecanatuum ruralium erigerentur &c." After which follows a copious lift of canons regulative of the tranf- muted office, — all of them of a vifitatorial and infpec- Accouni of Ire-' (') From this, remarks Wakefield, we are enabled to forma pretty c. XXV. pp. 4.i5 correct idea of the ftate of the ancient Irifh hierarchy. Ireland was full '^'Si- i of Chorepiscopi, billage or rural bishops. In Meath there were, Clonard, I Duleek, Kells, Trim, Ardbraccan, Dunfhaghlln, Slane, Foure, Skrine, Mullingar, Loughfeedy, Athunry, Ardnurchor, and Ballyloughort. In Dublin were. Swords, Lufk, Finglas, Newcaftle, Tawney, Salmon-Leap '¦ or Leixlip, Bray, Wicklow, Arklow, Ballymore, Clondalkln, Tallaght, and O'Murthy ; which included the rural Deaneries of Caftledermot and Athy. Thefe were all rural Deaneries ; and, of courfe, rural sees, before LcdmicVsAntiq. the year MCLII. " If the number of rural Deaneries," fays Ledwich, " at their firft erection, and afterwards, in confequence of Paparo's regula tion, could be difcovered, from records In the Vatican, or elfewhere, it would give us the number of rural sees. The rural Deaneries, in the common, are not correct, elfe I might ealily have adduced them. Our bifhops, I fuppofe, might have amounted to above three hundred." See alfo the Rev. W. H. Hale's Efay on Tithes, Part ii. p. 53. & nates 1, 2, 3. pp. 82, 83. Sect. I.] ©rigin of IBeans Mural, — @f)orepiscopi. tional character, in order to the reformation of the church and clergy. And in the fame country, according to Sir Henry Spelman, the title by which the itean rural was known, viz. corba, was derived, by a barbarous contraction, from cborcptgcopug : — " ®orba eminentioris lod fuit atque idem qui itecanug ruralig, plebanug, arcjipregbgter, feu cl)orept= gcopug : d quo et nomen (barbard contractione) videtur fortitus. Hibernid enim {literas h et y> confundentes) eundem CojipAcb et Co|tbAcb vocant. Co^i pro chor, pAcb, et bAcb, 'pro pifc et bifc pronundantes'^." (') See Ware's Antiquities of Ireland by Harris, Vol. ii. chap, xxxv., af tlie Corbes or Carbanes, Erenachs or Herenachs, &c. " The comor- 6an or corfie is fuppofed by Ufher" (In a treatife written on the fubject in MDCix.) " to be the fame with cj&orepiscopus or arcjipresbgter, was of a higher dignity than the herenach, canonically ordained prieft, and ftated in the mother-church. He had alfo the firft ftall in his own church, and an empty ftall in the cathedral. The commorban is called in the fcholar's certificate given by Sir John Davis, plebanus, quia plebi ecclefiafticm prceeft, having the fuperintendence over the reft of the body ; and fo he is called in the faid grand inqulfltion under the county of Cavan, where it is faid alfo, that the plebanus or corbe is the head of a larger fept than the herenach, and fometiraes of feveral fepts, and hath fometimes feveral herenachs fubject to him ; but that the herenach was head of a fmaller fept, which only was fubject to him. The herenach was admitted only to the firft tonfure, and never to the priefthood. Both corbe and herenach were anciently married men, till celibacy was enjoined the clergy ; and we find their fons fucceeding to their offices ; and the lay- abbot in Wales was under the fame circumftances. They were fubject likewife to the bifliop's vifitations, to whom they gave a fubfidy at their entrance, and were chargeable with proxies and refections, and, like others of the clergy, were liable to fequeftratlon for caufe ; of which there is a precedent in the archbifliop of Dublin's reglftry, as to the corbe, in the government of Archbifhop Walton, in mcccclxxiii." — pp. 235-6. — See the Rev. W. H. Hale's Appendix to his EJfay an Tithes, Part ' See apjjcnbiA', Ireland. Gloff. Archesol. in voce, p. 151. t Archbi/kops of Armagh, p. 101. Vol. I. Works. See goti. mtU. goccti', p. 96. (fiOO— COS.) 54 Molan. de Ca nonicis, L. n. c. XXXII. p. 264. ©rigin of tj&e ©ffice. [Part II. Maori Hiero- Lexic. in voce, p. 147. Morifani de ?pcotDpapiSX)(a- triba, cap. VII. pp. 112, 113. Waddington's Greek Church, pp. 10,11. In the church of St. Martin at Utrecht, according to Molanus, the firft of the fubdeacons, or the archifub- deacon, has the title of cl)oreptgcopug, and exercifes the office of arcbtpregbgter or iiean rural ; being not " chori itecanug," but "itecanug ruralig,— ;^m primus inter itecanog ruraleg, quem Leodii irecanum itecanorum vocant." And to the fame root may be traced the cburt or cSurofo of the eaftern Maronites — the name by which the arcj&presbgter or local parochus, according to Dominic Macer, is diftin- guiflied ; to whom the bifliop, at the time of inftitution, gives the paftoral ftaff of office. But this cburt or cburojo, as he is called in the lan guage of the people of that country, is rather to be con- fldered an urban eccleflaftic, on the authority of the laft fynod of Libanus, quoted by Morifan in his Diatriba de ^rotopapig, than as connected with the villages. The Maronites (who are chiefly inhabitants of Mount Libanus), when they retained the cjoreptgcopt in their towns and villages, eftabliflied pertoiieutae under them. Part II., containing an extract from Ufher's unpublifhed treatife on the Herenach, Termon, and Corban lands, in the Lambeth Library. Upon thefe officers, fee alfo T. D. Whitaker's Hftory of fVhalley, Book ii. chap. I. p. 42. " With what exactnefs,'' fays he, after having defcribed the peculiarities of the Irifh functionaries, " do the feveral characters of thefe kindred offices in the church of Ireland apply to the Dean of Whalley ! For, like the herenach, he had lionorem villce ; like the ple banus, he had patronage and jurifdiction over feveral dependent churches, together with a vicar and chaplain of his own ; and like the COrban, his function was hereditary, tenable alfo by perfons In inferior orders, and compatible with the married ftate." It does not appear, that this ano malous perfonage was a rural Dean. — In his perfon were united the rights of patron, incumbent, ordinary, and lord of the manor. But it has not been found, that he ever had a feal of office. Sect. I.] ©rigin of Heans iJlural.— ©fiovepiscopi. 55 but had no protopopeg as plebium curtoneg, fuch not being required in addition to the rural circumcurgatorg. |9rotopopeg obtained only in the epifcopal city — and there, one only, who was the bilhop's vicar. " In eccle fia orientali," fays the fynod of Libanus, " epifcopus in urbe habet vicarium, qui protopapa, protopregfagter, arcbt- pregbgter, et a nobis cburt appellatur: in Jingulis vids, et pagis cfiorept'gcopog conjtituit: perioiteutag autem, feu ctr= cumcurgatoreg, atque btgttatoreg ordinat, quorum cura eJi, vicos omnes, et pagos circumobire, et cunctos ad rcctce vitce, fanceque doctrlnce normam efformare. Horum autem dignitas perpetua eJi, quia per manus impofitionem tra- ditur, tametfi propter delictum fujpendi pojjint ah officio, et amoveri." The rarity of Morifan's Diatribe on Greek protopopeg in this country will, I truft, defend my intro duction of a few more particulars refpecting thefe Syro- Maronite ecclefiaftics at the conclufion of this divifion of my labours. I fcarce know where elfe to admit them, and they are far too curious to be entirely paffed over. In the prefence of the urban bifhop, neither the pro= topope nor the rural btgbop, nor the ctrcumcurgator, exer cife their functions : — their ufual enfigns of office are laid afide : — they neither bear the crofs in their hand, nor the mitre on their head, unlefs expreflly licenfed fo to do by the diocefan. But, in the abfence of the latter, the protopope in the cathedral, and the cboreptgcopug in i the country, on folemn days and feftivals, occupy the | firft place in the choir, and wear the mitre — leaving the | higher feat of the bifliop unoccupied. When all thefe i oriental fub-dignitaries are convened before their fupe- \ rior prelate, the arcbprtegt or protopope of the city has i the precedence of the cfiorepfgcopug, and the latter ranks \ 56 ©rigtn of tjbe ©ffice. Part II.] Morifan. de sptOtopaiJiS,p. 114. Angiia Sacra, Vol. I. p. 64. Dr. Fiddes's Collect, to Life ofWolfey,f.91. above the perioiieuta. Again, as to the ecclefiaftfcal ornaments alluded to — the protopope is the bearer of two croffes, a mitre, and a paftoral ftaff: — the perioiieuta is not entitled to a mitre, but only to a crofs, and a fhep- herd's crook, in token of the commiffion, with which he is invefted, of fuperintending the diocefan flock, — for he is a diocefan officer. The inflgnia of the cfiorepigcopug are the fame as thofe of the arcSpregbgter of the cathedral. See the Ruffian documents of the ^ppeniltx; and Dr. Brett on 23tgbopg gbuffragan, c. xii. pp.230, feqq. on the cboreptgcopt of Alexandria, Bohemia, &c. From Mr. Wharton, it appears that our cl)oreptgcopi or gufiragang of the weft were allowed the baculus pajio- ralis ; and Mr. Anftis is of opinion, that they wore mitres with a flit in the front, in order to diftinguifh them fi^om the fuperior prelates. See the feal of the Suffragan Bi fhop of Philadelphia below engraven. It is probably the Sect. I.] ©rigin of IBeans Mural. — ©borepiscopi, 57 only feal of a bifliop in partibus infidelium now remain-, Pegge mur ing ; and if fo, a curioflty of no fmall regard \ p-362. xxxvm. (') The feal is engraven for the fake of exhibiting the inflgnia of office of the Anglican cl)OrepiSCOpuS. It prefents to our view the effigy of Bifhop Swilllngton in pontificalibus, ftanding in a tabernacle, with a heart in his right hand, and a crofs in his left. The coat under neath the figure is, a felfe charged with three pellets between three tons, and the infcriptlon runs s . doIni . tome . episc . philadelphiencis. Thomas Swilllngton, Pegge tells us, was prebendary of Stow in Lind- fey. In the church of Lincoln, and appointed suffragan to John Long- land, bifliop of that fee, with the title of Philadelphia, July 1 5, mdxxxiii. The exercife of his epifcopal function was confined to the two archdea conries of Lincoln and Leicefter. 58 ©rigin of tj&e ©ffice. [Part II. SECTION II. The origin of IBeans Mural in England. — Institution op parishes and parochial clergy. EFORE the divifion of parifhes, the endow ment of parochial churches, and incardina tion of presbyters in country cures, it were vain, of courfe, to look for ireang rural in England \ A few remarks, therefore, on thefe prelimi nary meafures, will neither be uninterefting, nor irrele vant. They will aid us in our inveftigation of the specific fubject of the prefent fection — the origin of the irecanal office in our own ifland. » M mh t^^fflE^5v2 m. Beveregii Cod. Can. Eccl. Prim. L.ii. c.v. p. 2 18. Theodoret. Epift. III. Routh Script. Eccl. Opujc. Tonn. II. p. 407. (') " Vox trapoiKM paroeda in antiquis ecclefice fcriptoribus et canoni bus conciliarum, territorium, fedem, five ditionem ad epifcopum perti- nentem perpetuo fignificat : quo fenfu hodie vox dicecefis a nobis vulgo ufurpatur, adeo ut unufquifque epifcopus fuam haberet irapoiKtav, quam epifcopali autoritate gubernabat. But, fubfequently, it came to fignify a parifh, as at prefent underftood ; in which fenfe it is ufed by Theo doret, in his epiftle to Leo M. and in the feventeenth canon of the oecu menic council of Chalcedon. See P. de Marca de C. S. et I. Lib. li. c. xiiT. 3. — Bilfon's Perpeluall Gouvernement af Chriftes Church, chap. ii. p. 184. Edit. MDXCiii, and Slater's Anfwer to Lord Chancellor King's En quiry, &c. pp. 31, feqq. (which, by the way, fo far fatisfied his lordfhip, that he gave the author fome preferment ; though the diffenters continue to quote his lordfhlp's Primitive Chriftianity as if it had never been abundantly refuted, even to the conviction of its noble author) — alfo/ee Burton's Ecclef. Lectures, xii. p. 359. 1 ¦ Sect. II.] HeanS Mural in lEnglanl).— ^arocfiial ©lergg. 59 The -napotKia was here, at firft, as elfewhere, the Stol- KYjcyis (vide Suicer. T. E. in v. BtoiKrja-is. v.) — the whole epifcopal diftrict — in which the bifliop and his clergy lived together at the cathedraP or mother-church (fo called, fays Panormitan, " quia ficiit mater general, ita et Downame's Confecration Sermon, p. 25. & Defence, B.ii. c. I. p. 8. Kennett's Cafe of Impropria tions, fub initio. Stillingfleet's ; Eccl. Cafes, ecclefia baptifmalis regenerat," Tom. ii. p. 73), and per- ' ^orks, voi. m. formed in one fpot the public offices of religion to the c'awdreyo/Pa- congregated worfhippers of a whole diocefe; or fupplied feqq. ¦,%¦-,-,,' IT , « n ¦, 1 Burnet's Pafto- the tew widely-lcattered chapels, field-churches, or ora- rai care, c. x. - f 1 • T i Soothev's Hift. tones, m the more remote parts oi the country, with ' of the church. Vol. I c. VI fpiritual inftruction and confolation, by the inftrumenta- ; pp. '79, feqq. lity of itinerant priefts ; who themfelves, here and there, erected fuch local houfes of prayer, out of the means fupplied by the liberality of bifhops and contributions of converts ; while the munificence of pious kings and princes, in places of the greateft refort, gave being to cathedrals or diocefan temples. Churches were, doubtlefs, erected here, foon after the seiden-s Hiftory ' ' ' of Tythes, c. 9.1. firft preaching of the GofpeP — probably in the firft p-25o- (') " Thefe churches are called cathedrali," fays Holinfhed, " bicaufe The Defcription the bifhops dwell or lie neere unto the fame, as bound to keepe continuall ^ „ i p. 135. ' refidence within their jurifdictions, for the better overfight and gouver- nance of the fame : the word being derived a cathedra, that is to faie a ; chaire or feat where he refteth, and for the moft part abideth. At the firft, there was but one church in everie jurifdiction, wherinto no man entred to praie, but with fome oblation or other toward the maintenance of the .paftor : for as it was reputed an infamie to paffe by anie without j vifitation: fo it was a no leffe reproch to appeare emptie before the j Lord. And for this occafion, alfo, they were builded verie huge and j great, for otherwife they were not capable of fuch multitudes as came dailie unto them, to heare the word, and receive the facraments." 0 To what particular apoftle Britain is more immediately beholden Collier's Ecclef for Its acquaintance witn the truths of Chriftianity, it is laid to be (^m, a. i. Cent. difficult I. pp. 3. 6, feqq. 60 ©rigin of t{)e ©ffice. [Part II. century : — for, though the earlieft teachers may have congregated their auditors at crolTes in the open air ; it is inconceivable, how Chriftianity could be long and ex- tenfively received amongft the people, in fuch a climate as ours, without churches \ or, at leaft, fome convenient houfes, or other places in the nature of churches, ap pointed for the exercife of devotion. And we know, on incontrovertible evidence, that, in the fecond century, Britain had generally received the Gofpel — the "Bri- Tertuiiian od- ; fannoTum inacccfld Romanis loca" were, in Tertullian's verjus Judceos, • ." ' ^ B.212. mords, " Chrijio fuhdita." Nor lefs certain is the infti- Eusebii I)e- difficult to determine. But the evidence which proves that a Chriftian III. 1).112. Edit, i church was planted here by fome of the apoftles, and moft probably by Colon. ^jjg great apoftle of the Gentiles, is affuredly entitled to grave confi- deration. The reader, who may be defirous of purfuing the fubject (too extenfive to be here incidentally dlfcuffed), will find all he can require to eftablilh St. Paul's claim. In Bifliop Stillingfleet's Origines BritanniccB, chap. 1. pp. 35, feqq. ; Bifhop Burgefs's very learned " Tracts on the Origin and Independence af the Ancient Britijh Church," (2d Edit. London, mdcccxv) ; " Remarks on the Weftern Travels of St. Paul," (London, mdcccxx) ; " A Charge to the Clergy af Sarum " (mdcccxxix), pp.1 1, feqq. and Second Charge, pp. 53, feqq. Lectures on (') Profeffor Burton fays, there is no evidence of Chriftians affembling Lect!xxm. ' ia what would now be called a church, before the third century. The P- 279- charge of having neither altars, images, nor temples, was brought againft them as late as the beginning of the third century. Still I think they muft have had buildings of fome kind or other for their religious worfhip in Britain before this date. Bede, fpeaking almoft in the very words of Gildas (de excid. Britan.), fays the Britifh Chriftians reftored t/ieir churches after the Dioclefian perfecution. So that they muft have exifted before that event. See Brett's Account of Church Government &c. p. 169. 2d Edit, on the fubject : alfo Suicer T.E. in voce vaos, in favour of Burton's view, and Mede's Difcourfe of Churches, and Bingham's O. E. B. viii. c. I. s. 13. againft it. Mede quotes a very remarkable paffage from St. j Chryfoftom on Britifh Churches and Altars. Works, B. ii. p. 386. Sect. II.] Ueans l^ural in lEnglanD.— i^arocfiial ©lergg. 61 tution of bifhops^, priefts, and deacons, among us; — I Lloyd's cam c/t whereby the form of church-government was complete, ; Great Britain, and, fpiritually fpeaking, the Britifh church fully efta bliflied. Strong, however, and uninterrupted as is the evidence of a vifible church^ in thefe realms, through, what is (') The council of Aries in France (A.D. cccxiv.) was attended by, three Britifh bifhops (probably the three metropolitans of York, London, and Caerleon ?), by one presbyter, and one deacon : — all of whom fub fcribed, or rather prefixed their names. " Unde fimul conftat," fays Bifhop Beveridge, " non epifcopos tantum, fed presbyteros et diaconos iftis diebus hic corftituios ejfe, ac prainde perfectam etiam ecclefiam, tola ecclefiq/licarum perfonarum ?iumero abfolutam.'' (Fide plura in loco.) The dvitates of Britain, at the time alluded to, were thirty-three ; of which thirty were in England and Wales : and Mr. Turner thinks that the ecclefiaftical concerns of each civitas were regulated by a diocefan bifhop ; over whom was a fuperior bifhop in each province, anfwerable to our metropolitans, though not diftinguifhed witb the title of archbifhops. See Wharton de Epifcopis Landinenfibus, pp. 4, 5. and Whitaker's Hftory af Mancliefter, Vol. i. B. i. c. xi. pp. 402, feqq. C) The light of the Gofpel having been introduced into Britain, was never afterwards extingulfhed. When driven from the Interior provinces by the devaftating fword of the pagan Saxon, the Britifh church withdrew with its hierarchy into the faftneffes of Wales and Cornwall ; and was there exifting as an apoftolical, independent church, (" avroKecpaAo?," fays Bifhop Beveridge, "nulli extraneo epifeopo,fed Jiio fali metropo- liiano fubjacens,") when Auguftine arrived In the Me of Thanet (A.D. Dxcvi). — Nay more — preferving its integrity for a century and a half and beyond, after the monk had commenced, with his forty coadjutors. the labours of re-converting the then heathenized inhabitants of the interior of the ifland. See the bifhop of St. Afaph's admirable annota tions on the fixth Nicene canon ; Borlafe's State of Chriftianity in Cornwall, § iii. p. 340. Antiq. of Cornwall ; Cave's D'Jfertation con cerning the Government of the Ancient Church, c. v. pp. 248, feqq., and Soames's Bampton Lectures, p. 453. The evidence of each fucceffive age moft clearly proves, as Bifhop j Burgefs Lloyd's Church Government, c. III. p. 72. Cave's Church Government, c. V. p. 24.5. Annott. in Can. Cone. Niccen. I. Synod. Tom. n. p. 78. Routh's Reliq. .Vacr«, Vol. IV. pp. 94-5. Hiftory of the Anglo-Saxons,Vol. I. B. I. c. vin.pp.83,feqq. Matth. Weftmo- naft. ad ann. 586. Annotationesad Clin. Cone. Nicesn. Primi, p. 58. heAmE.H.G.A.L. I. cap. XXV. L. V. cap. XXIV. 62 ©rigin of tje ©ffice. [Part II. called, the Britifli period of our eccleflaftic hiftory, viz. the firft fix hundred years after Chrift — there is no trace Clemens Ro man, ad Cor. p. 8. BeA3iH.E.Q.A. L. I. c. IV. Carte's General Hift. of Eng land, Vol. I B. II. vni. Cave's Church Government, c V. p. 245. Drayton's Po- lyolbion. Song 8. p. 273. Selden's notes, p. 277. BeiasE.H.G.A.L.i.capp.vi.vii. Henr. Hunting don. Hift L.I. p. 305. Bingham's Ec clef Antiq. B.ix. capp. VI. VII. Church Hiftory, Cent. IV. B.I. p. 24. Drayton's Po. lyolbion. Song 8. p. 247. Burgefs has long fince fhewn in his profound and accurate refearches on the fubject, that Chriftianity was at no period extirpated from Bri tain. See Pagitt's Chriftianagraphie, P. iii. pp. 6, feqq. ; The: Conti nuance of Chrftianity in Britaine ; and Roberts's Appendix, N". vi. Hftory of the Ancient Britijh Church ; and Bifliop Burgefs's Tracts be fore quoted, pp. 96. 125, feqq. In the firft century we have the preaching of the Gofpel in Britain by the great apoftle of the Gentiles — HavAos — Ktjpv^ 'yevofievos ev re t^ araroAj) Kai EN TH AY2EI — iiKaiocrivrjV SiSa^ag oAov tov koctixov, koi EHI TO TEPMA TH2 AY2Efi2 EA0S2N — k.t.\. In the fecond — the public avowal and protection of Chriftianity by Lucius, a Britifli prince — "the firft Chriftian king in the world" — (^.D. CLxvi. — CLxxvi.) — "called by the Britons ileber JWaur, The Great Brightnefs." By whofe means, undoubtedly, the Chriftian church in our ifle (Stillingfleet's Origines Britannicce, chap. ii. p. 62.) was che- rifhed and advanced, though not originally founded. For we cannot award him the plenary praife of Michael Drayton's mufe, as — " That good king, to whom we chiefly owe This happinefs we have, Chrift crucified to know." See Stevenfon's Supplement to Bentham's Ely, Remarks, pp. 145, feqq. " King Lucius." Hales's Primitive Church af the Britijh Ifles, pp. 106, feqq., and Roberts's Chronicle of the Kings of Britain, B. iii. pp. 90, 91. and notes. In the third and fourth, the Dioclefian perfecution — '' omnibus fere anteactis diuturnior atque immanior " — in which St. Alban, our proto- martyr, and Aaron and Julius, "legianu7n urbis cives," and many others, fell. In the fourth, the prefence of a deputation of Britifh bifhops at the councils of Aries (A. D. cccxiv.) Sardica (A. D. cccxlvii.), and Arimi- num (A.D. CCCLIX.) — " the moft avouchable evidence," in Fuller's words, " of Chriftianity flourifhlng in this ifland in this age " — " — When the primer church her councils pleaf d to call. Great Britain's bishops there were not the least of all, Againft the Arian feet at Aries having room. At Sardica again and at Ariminum." In Sect. II.] IBeanS Mural in lEnglanD. — ^arocfiial ©lergg. 63 of a parochial clergy in the modern acceptation of the ^^^'J^^l^l^^f term: — nav more — ^for two centuries, or nearly fo, after fnation charge, •' _ . ' MPCCIX. p. 26. the landing of Auguftine and his companions in the Ifle of Thanet (A. D. dxcvi.), we are told by a high authority In the fiflh, the fynod of Verulam (against Pelaglanifm ; which, at that time, in Bede's language, "fidem Britannorum fcedd pefte c&mma- culaverat") — where were prefent, in addition to the Britifh prelacy, Germanus bifhop of Auxerre, and Lupus bifhop of Troyes — "Apoftolici patres," — " qui ad confirmandam fidem gratia ccekftis Britannias venerunt." See Smith's notce ad Bedam, p. 54 ; Carte's General Hiftory of England, Vol. I. B. iii. iii. pp. 182, feqq., and Dr. Hale's Primitive Church of the British Ifles, p. 131. In the fame century — a fecond fynod, three years afterwards, againft the fame herefy, at which attended Germanus again, and Severus bifhop of Triers, a difciple of Lupus. When, likewise, the inceftuous marriage of King Vortigern with his own daughter was condemned by the bifliop of Auxerre and the whale British clergy in council affembled. In the fame century — two or more Irifh fynods recorded by Wilkins : and others again, which the induftry of Sir W. Betham has lately brought to light, held about the year ccccl. (Irish Antiquarian Refearches.) In the fixth, the celebrated fynod of Menevia — a general convention of all the bifhops and clergy on account of the Pelagian controverfy, at Llanddewi Brefi, under Archbifhop David ; who removed the metropo litan church from Caerleon to Mynyw — " ab urbe legianum ad fuam Meneviam" — ("fince, holy David's Seat " — Drayton) St. David's. See Bale and Wilkins in CC. M. B. et H. Vol. i. p. 8, note ; Stillingfleet's Origines, c. v. p. 348 ; Rapin's England, Vol. i. B. ii. p. 43 ; and Carte's England, B. iii. iii. p. 186. Tyrrell's Ge?ieral Hiftory of England,Y ol. i. B. III. p. 149; and Hoare's Giraldus Cam6re7i^s, Vol. ii. B. ii. c. i. and Annotations by Sir R. C. H. ; also Nelson's Life of Bull, p 350. Oxon. In the fame — the fynod of Victoria, alfo in Wales, for the confirmation of the acts of the preceding fynod of Menevia. (Ex Giraldo Cambrenf. de Vita S. David, lect. 9.) In the feventh, the meeting of the bifliops or doctors of the Britons with Auguftine at Auguftinaes-ac ; and at a fecond fuller fynod, when the Britifli bifhops (feptem Britonum epifcopi, et plures viri doctiffimi maxime de nobiliffimo eorum mancifterio, quod vacatur lingua Anglarum Bancar- BeixEH.G.A. L. I C. KVII. cc. M. £. et H. Vol. I p. I. ac. 446. p. 2. ac. 449. ProfperAquitan. De Ingratis. PoetteChrtslian.p. 663. Tieis:E.H.G.A.L. I. c. XXI. Nennii Hift. C..38. Wilkins's not. ad Concil. Britan. ac 449. Grier's Epitome of the Councils, pp. 83, 84. CC. M. B. et H. Vol.1, p. 8. ac. 519. Polyolbion, Song 5. p. 263. & Selden's II- luftrations. Collier's Eccl. Hift. of Gt. Bri tain, B. I. Cent. VI. p. 56. & Stil lingfleet's Origi nes, c.v. f.350-^. BedscE.H.G.A.L. II. cap. n. CC.M.H.et H. Vol.1, p. 2 4. See note ex Spel man. ibid. 64 ©rigin of tje ©ffice. [Part II. j in thefe matters, Archbifliop Wake, " there were no fuch j things as either parifli-churches, properly fo called, or stillingfleet's Origines, c. v. pp. 356, feqq. Bingham's O.E. B. II. c. xvm. Hifiorical^ Po litical Difcuurfe &c. Part I. c. V. p. 13. Ancient Sf Pre fent Church of England, Vol. i. p. 4. Hift. of Ancient Brit. Church, p. 323. •• Bancornaburg, cui tempore illo Dinooth abbas prcefuiffe] narratur) delivered their ever-memorable proteft againft the Pope's authority, and all communion with the church of Rome : — when " the rude fchifmatics, in the form of the clerical tonfure*and in the day of the celebration of Eafter, obftinately refifted the imperious mandates of the Roman pontiffs." So writes the infidel Gibbon.— -We care little for the farcafm intended to be conveyed ; while the fact itfelf is fo fully acknowledged. (D. ^ P. V. III. p. 624.) See the abbot of Bangor's anfwer, refufing fubjection to Auftin and the Pope, in Wilkins, CC. M. B. et H. Vol. i. pp. 26, 27 ; Carte's England, Vol. i. B. iii. xiii. p. 224 ; Rapin's England, Vol. i. B. m. p. 68 ; Tyrrell's England, Vol. i. B. iv. pp. 160, feqq. ; and The Chronicle afthe Kings of Britain, pp. 175, feqq., and Roberts's notes. Upon which anfwer, Nathaniel Bacon remarks — " This was the Britons' refolution, and they were as good as their word ; for they maintained the liberty of their church five hundred years after this time ; and were the laft of all the churches of Europe that gave their power to the Roman beaft ; and in the perfon of Henry the Eighth, that came of that blood by Teuther, the firft that took away that power again." But, Mr. Johnfon fays, foon after Bede finifhed his Ecclefiaftical Hi.^ ftory (A.D. Dccxxxi.), " the Welfli as well as Englifli became entirely Romanifts ; "— while others, with more truth, have held, that there is evi dence of the Britifli church having maintained its independence of the fee of Rome as late as the year dcccciv. (/ee Collier's Church Hiftory, B. III. p. 171), and even till the conqueft of Wales by Henry I. See Archdeacon Goddard's fecond Vifitation Charge to the clergy of Lin coln, mdcccxx. p. 27, note, and again note p. 82. " Notwithftanding an infulated fact or two which mark communications with Rome, and even deference to it," fays the archdeacon, " though not fubjection, the Britifli church may be faid to have fubfifted throughout the Saxon times in the remote parts of the ifland, nor was it finally merged in the church of England till the conqueft of Wales under Henry the Firft." See Bifliop Burgefs's note on Britifh Ordination, Tracts an the Origin of the Bri tifh Church, Appendix, p. 318. " In Ireland," writes Mr. Roberts, "it continued to the reign of Henry II." Appendix, N". vi. Sect. II.] lieana Iplural in lEnglanti,— i^arocjial ©lergg. 65 fettled priefts to officiate in them." But this is rather aflfumed as probable than proved as certain. The ftate of the cafe 1 believe to be this : — The hiftorical docu ments are few that have come down to us, bearing upon the polity of the ancient Britifli church ; and thofe few seiden's Hift. of r J ' _ _ , Tythes, c, 9. I. give us no reafon to fuppofe that the practice of this p- 249. ifland, in refpect of its then imperfect church-economy, differed from what was uniformly received through thofe parts of Chriftendom of which we have the beft tefti- monv remaininej : — in all of which, a fyftem of collegiate Wharton's Dc- .nn^ . n • n -f ^ ? fence of Plurali- union and miflionary mftruction ieems uniformly to have wes.pp.si.feqq. preceded the appropriation of presbyters to particular Dr'.Fieido/TAe cures — in accordance with which the bifhop and his clerus p. 740. ' continued to live together at the cathedral, and to per form the ordinances of religion there and abroad, as occafion required; until fuch time as the ecclefiaftic economy of the diocefe was matured for clerical refi dence on endowed country cures. ^The latter point, the Britifli church, as diftinguifhed from the Anglo-Saxon, is fuppofed by Selden, Wharton, Inett, Wake, and others, never to have attained. At leaft, no evidence of the fact, worthy of credit, has defcended to our times ; and, in the abfence of fuch, the general cuftom of Chriften dom is applied to the Britifli church ; which is concluded never to have had an incardinated parochial miniftry. ! (') The ftory of the parijh-prieft of Cumpton, i.e. Long-Cumpton in Warwickfhire, waiting on Auguftine on his way to the conference of the Britifli bifhops in the remoter parts of Mercia, and complaining of the non-payment of tithes by the lord of the manor, is rejected, with its miraculous accompaniment, as an abfurd legend : — indeed, were it, in all its circumftances, true, Bifliop Kennett remarks, it would carry back parochial incumbency to a very early date. VOL. I. F Parochial Anti- quitics. Vol. i. p. 35. 66 ©rigin of tje ©ffice. [Part II. Beise H.E.G.A. L. I. C. XXTI. Stevenfon'sj Supplement to Bentham's Ely,' Notes, pp.11, 12; Still, auxiliary churches, or villican chapels of eafe to cathedrals or mother-churches, were erected by the Bri tifh bifhops and miflionary clergy, out of the contributions of the faithful, in different parts of the country, remote from the epifcopal fees. Of the fact of fuch erections '. no doubt exifts. They are, again and again, noticed in i Bede and other writers, as well as the parent edifices. j They are mentioned alfo in thofe moft. authentic records I of contemporary matters of church-hiftory, the fynods of the day, in the tomes of the councils of Great Britain and Ireland. To particularize feems fcarce neceffary. Let it fatisfy the reader, that ages before the Gregorian mif- fionaries and their Saxon converts began, " convenire, pfallere, orare, miffas facere, prcedicare, et baptizare," in the much-vaunted church of St. Martin by Canterbury, the native Britons had erected that edifice — "ecclefia in honorem Sancti Martini antiquitus facta," fays Bede, " dum adhiic Ramani Britanniam incolerent :" and there the Chriftian Bertha, Queen of Kent, had been wont to pray with her chaplain, Bifliop Luidhard, and a Chriftian con gregation. Ages before the Romanifts obtained their licence " ecclejias fahricandi vel rejiaurandi " on Britifti foil, the aboriginal "fideles Chrifii" had conftructed places of worfliip^ in various parts of the ifland; and. Kennett's Cofe of Impropria tions, p. 5. Whitaker's Hift. of Mancliefter, V. II. B. II. c. xr. § III. pp. 440. 44C. ( ' ) Many churches and parifhes ftill retain the names of Britifh faints ; not only in Wales and Cornwall (where we fliould expect to find them), but in the bowels of England, and in Huntingdonfhire more, perhaps, than in any other midland county. The churches of Evefham, Avalon (Stillingfleet's Origines B. c. i. p. 26), Manchefl«r (St. Michael's), Dover Caftle, and other places, are fuppofed to have been of Britifh origin, equally with St. Martin's by Canterbury. See Stillingfleet's Ecclefiafti cal Cafes, Vol. I. pp. 125, feqq., and an interefting account of the Anglo Roman Sect. II.] IBeans Hural in lEnglanD.— i^arocjial ®lergs. 67 when the Diocletian^ " turbo perfecutionis," which had razed them to the ground, had blown over, the fame indigence had again reftored them — " progrejji in publicum fideles Chrifii, qui fe tempore difcriminis fylvis ac defertis ahditifve fpeluncis occultaverant, renovant ecclejias ad folum ufque dejiructas, hafilicas fanctorum martyrum fundant, conjiruunt, perficiunt, &c." In thofe early days, any pious prieft, who defigned to ¦ a Defence of inftruct the country people, Mr. Wharton thinks, might, p. e™ ' ""'' with the approbation and licence of the bifliop, build to himfelf a church — " a plain and humble conveniency of divine worfhip " — and therein, after confecration duly performed, might teach as many of " the neighbouring ruftics " as chofe to attend upon him. To fuch non-parochial foundations, the twenty-third canon of the Irifli epifcopal fynod {A.D. cccclvi.), feems to refer — "Si quis presbyterorum ecclejiam cedificaverit, non offerat, antequam adducat Juum pontificem, ut eam confecret, quia Jic decet," (c. 23), &c. And fuch were thofe of Dubritius, in South Wales {A. D. ccccxc.) ; whofe primitive church-eftablifhment, recorded in an anony mous i^Sb-^ of the Cottonian Library (fince printed in Synod. S. Pa- tric, &c. cc. M. B. et H. Vol. I. p. 3. Roman Church of Brixworth in Northamptonfliire, in the Britijh Maga zine, Supplement Dec. mdcccxxxiii. pp. 746, feqq. ; alfo^^e Hart's Medulla Canciliorum, cap. v. pp. 38, feqq., a valuable fynopfis, highly creditable to its compiler. ( ' ) Though Conftantius, the Roman governor of Britain at that time, had an inclination to favour the Chriftians, yet it was not in his power to difpenfe with the Imperial edicts, and he complied fo far with them as to demolifh the churches. O This ancient author de Fundatione Ecclefice Landavenfis (who wrote circiter A.D. mcxx, as Wharton thinks) has been mifunderftood. Far from proving the divifion of diocefes into pariflies, and affixing certain F 2 priefts hactSLTit.deMorl. Perfec. c. 15. Defence of Plu ralities, p. 67. 68 ©rigin of tje ©ffice. [Part II. Chap. 9. 1. pp. 249, feqq. Beiie E.H.G.A. L.v. c.iv. c.v. & Smith's notes. the Monast. Anglican. Tom. in. p. 188), is cited by Selden, in his Hijiory of Tythes — " Videns fanctus Dubritius largi- fiuam potentum manum erga Jihi commi/fam ecclejiam, par- titus eJi difcipulos, mittens quofdam difcipulorum suorum per ; ecclejias Jihi datas ; et quidam fundavit ecclejias ;' et epi fcopos per dextralem Britanniam coadjutores fibi, ordinatis ': parochiis fuis, confecravit." Thefe churches of the Irifli and Welfli archbifliops, like the earlieft of the Anglo-Saxon foundations of after date, (witnefs that noted by Bede " in villa comitis cujuf- dam qui vocahatur Puch," who invited the bifliop of Hexham to confecrate it ; and a fecond " comitis voca- \ hub Addi," confecrated by the fame prelate — fince called j South and North Burton ) circiter A. D. dcc, had fome kind of limits of adjoining villages or towns, and fo were in that refpect parochial : but the parochice were limited only in regard of the miniftering presbytery, and the feveral functions of the bilhop's chaplains — "epifcopi clerus" — fent, as occafion required, from the cathedral Defence of Plu ralities, p. 69. Spelman. Concfi. Angl. Tom. I. p. 409. Collier's Eccl. Hift. B. III. p.l78. EJufd. p. 413. priefts to them, the 0iSk. only fliews that the province of South Wales (Dextralis Britannia) was then divided into feveral diocefes, and bifhops ordained in every one of them : the term parochia being the ancient ecclefiaftical name of a diocefe. As for the fupply of country churches, this teftlmony feems rather to imply, that it was performed by itinerant priefts, whom Dubritius fent in their turns out of his own college. However, afterwards, when the Britons were driven into Wales, and were fully fettled in it, that country being become populous thereby, they found it neceffary to divide it into parifhes, and to aifign priefls to them. For in the laws of Howel Dha, king of Wales, made about the year dccccxl, there is mention made of the houfe of the parifh prieft, " damns CapeUani villce," in every village. Although the divifion was even then fo imperfect, that frequent fubdivifions were fubfequently made ; as appears from the thirty-fifth law of the fame king. Sect. II.] IBeaniS l^ural in lEnglanli.— ^arocjbial ©lergg. 69 or religious houfe adjoining, to preach the word and adminifter the facraments within appointed circuits. Still, the larger provinces of the prelates being denomi nated parochice, thefe little diftricts of delegate miniftra tion affumed, it may be from analogy, the fame appella tion, being the contracted diocefes of fubordinate ambu latory clergymen ; but not, ftrictly fpeaking, pariflies in the ordinary acceptation of the word, though fuch they have erroneoufly been fuppofed to be. While this primitive arrangement prevailed, in the nonage and immaturity of Chriftian difcipline and prac tice, the miflionaries difpenfed the word and facraments abroad; and, returning from their holy circuit to the centre of unity, the epifcopal college, reported to their diocefan the ftate of his TtapoiKia, and the fuccefs of their evangelizing tours. So long, then, there was no call for the furveillance of local Ijeans, — the C!hriftian flock either being habitual worlhippers coram epifcopo, in pre- fential communion with him, or conftantly reported to him by the delegated emiffaries of his college, the dio cefan priefts. .The duration of this fimple church -polity is not exactly known. In the Britifli times it doubtless com menced ; though little or no teftimony, as I have faid, is extant to declare the ecclefiaftical ufages of thofe primi tive times ; and, after a period of pagan darkness and perfecution (which drove the ancient infular clergy into Wales and Cornwall), the fame economy again appears in the days of the Anglo-Saxons ; a community and col legiate life of the bifhop and his clergy being appointed for the model of the latter church by Pope Gregory at its firft eftablifliment ; and the fyftem of itinerant preaching Selden's Hj/« of Tythes, c. 9. II. Wharton's De fence ofPlurali- \ ties, pp. 63, feqq. Kennett's Cafe ' of Impropria- ^ tions, p. 3. ! Stillingfleet's { True Antiquity I of London ; Ec clef Cafes, V. II. p. 578. Selden's Hift. of Tythes, c. 9. i. Beise Hift. Eccl. L. I. c. xxvii. & L. IV. c. XXVII. 70 ©rigin of tj&e ©ffice. [Part II. Wharton's De fence of Plural. p. 74. Alcwin. de Pon- tif. et Sand. Ebor. V. 1289. and difpenfing the word and facraments, by tempo rary minifters difpatched from the affbciated body, being generally practifed when venerable Bede — "presbyter eximius meritis" — finilhed his church-hiftory {A.D. DCCXXXl).^ BeimH.E.G.A. (') The ufage of the Britifh church aud people in refpect of itine- Lib. iir. c. XXVI. I , , _ _ 1,111- n. 1 rancy, about the year ccccxc, has been already declared, in a paflage Wharton's De- ¦ cited from the JW^. Hiflory af Llandaff. " If any credit is to be given «««, p. 68."™ ' I '-o ^^^ ancient lives and legends of the Britijh bifhops and faints, this ; was the practice at that time in the Britijh church : That the bifhops at ! their cathedrals, and holy abbots and doctors in feveral parts of the dio- . cefe, fhould educate and maintain great numbers of priefts in a collegiate life, and prelide over them ; who in their turns fhould travel about and inftruct the lay Chriftians in all the circumjacent territories ; and that being done, return to the college, and give way to others to fucceed them in the fame employment." But, on the other fide of the queftion,7ee ' Mr. Whitaker's remarks in his Hftory of Manchefter, Vol. ii. B. ii. c. ix. § II., and alfo Epift. Gildae. Scriptores, xv. pp. 23, feqq. Increpatio in Clerum. In reference to the Englifh Saxons (A.D. dclxiv.), itinerancy is point edly fhewn in the following anecdotes of our great ecclefiaftical hifto rian — "Si quis facerdotum in vicum forte devenerit, max congregati in unum vicani verbum vitce ab illo expetere curabant. Nam neque alia ipfis facerdotibus aut clericis vicas adeundi, quam prcedicandi, bapti zandi, irfirmos vifitandi, et (ut breviter dicam) animas curandi, caufa fuit." And before, in the fame chapter — " ubicunque clericus aliquis I aut monachus adveniret, gaudenter ab omnibus tanquam Dei famulus exciperetur. Etiamfi in itinere pergens inveniretur, accurrebant, etjtexd cervice vel manu fignari, vel are illius fe benedici gaudebant. Verbis quaqiie horum exhoftatoriis diUgenter auditum prcebebant" &c. And Lib. IV. c. XXVII. again elfewhere — ''Erat quippe moris eo tempore populis Anglovum, ut veniente in villam clerica vel presbytero, cuncti ad ejus imperium verbum audituri conflu£rent, libenter ea qua dicerentur audirent, liben- I tilts ea quce audire et intelligere poterant aperanda fequerenlur." H.E.G.A.h.ni.\ Facilities of local worfliip were then moft rare. Churches were verv C.II. Ij. TI. i • 1 1 /* l C.XIV j widely fcattered. In the part of Northumbria, denominated i?ermcia, i (North- Shot. II.] ISeans Mural in lEnglanl). — ^arocjiial ©lergo. ID Nay, it would appear, from his celebrated Epijile to Archbifhop Ecghert on the ftate of religion in North- umbria (A.D.dccxxxiv.), that thofe parts were almoft utterly deftitute of fpiritual afliftance, not only from bifliops, but from miflionary presbyters alfo. The former not only neglected to vifit, in perfon, the villages and hamlets of the inacceflible and mountainous woodlands, but fent no officiating minifters from the epifcopal col lege, fupported though it was by the general fund of; the diocefan tithes^ levied on the deferted diftricts — " Audivimus enim etfama efi," writes the presbyter to his metropolitan, " quid multce villcs ac viculi nojirce gentis in montibus Jint inaccejjis et faltibus dumojis pojiti, ubi ¦iiim- quam multis tranfeuntibus annisjit vifus Antijies qui ibidem aliquid mimifierii aut gratice coelejiis exhibuerit, quorum tamen nee unus quidem a tributis Antijiiti reddendis effe pojjit immunis ; nee foliim talibus locis dejit Antijies, qui manus impojitione haptizatos confirmet, veriim etiam omnis Carte's General Hifl. of Eng land, Vol. I. B. III. XVII. pp. 242, feqq. Epift. V.Beioi ad Ecgberct. Aniift. Edit. Smith, p. 307. 1.25. (Northumberland and the South of Scotland between the Tweed and Firth of Forth) we are affured, on the high authority of Bede (A.D. Dcxxxv.), there was no church or altar erected — " nullum fidei Chrif tiancB fignum, nulla ecclefui, nullum altare, &c " — fave only the church of St. Ofwald. In Deira (Lancafter, York, Weftmorelaud, Cumberland, and Durham) no oratories, or baptifteries, fave one bnfilica alone in the villa regia of Campadonum. For an account of the ftructure and mate rials of many Saxon churches, ^ee Turner's Hiftory of tlie Anglo-Saxons, Vol. II. B. XII. c. v. pp. 415, feqq. (') While the neceflities of the country were thus upon occafion fup plied, it did not alter the ftate of the ecclefiaftical patrimony ; which ftill remained invefted in the bifliop for the common ufes of religion, as devoted folely to God and his clergy. Out of the general fund the bifhop gave to each officiating minifter the dividend to which he was entitled for the fpiritual duties he performed at the bifhop's mandate. Kennett's Cafe of Impropria tions, p. 3. 7.2 ©rigin of tjbe Office. [Part II. Epift. V. Bedffi ail Ecgbert. Antift. Edit. Smith, p. 306. 1.33. Bingham's Ec clef. Antiquities, B. V. c. VI. 5. B.IX. C.VIII. 6. Siillingfleet's Pref to Ecclef Cafes, Works, Vol. III. p. 615. Wharton's De fence of Plural. p.68. doctor, qui eos vel fidei veritatem, vel difcretionem bonce ac malce actionis edoceat, abfit." The archbifhop himfelf being unable to attend to all the miniftrations of religion in all parts of his vaft dio cefe, the writer urges the appointment of afliftant itine rant presbyters and teachers — " quia latiora funt fpatia locorum, quce ad guhernacula tuce dicecefis pertinent, quam ut folus per omnia difcurrere, et in Jingulis viculis atque agellis verbum Dei prcedicare, etiam anni totius emenfo curriculo, fitfficias ; necejfarium fatis eJi, ut plures tibi facri operis adjutores adfcifcas, presbyteros videlicet ordinando, atque injtituendo doctores, qui in fingulis viculis prcedicando Dei verbo, et confecrandis myjteriis coelejiibus, ac maxime per- I agendis facris baptifmatis ojfficiis, ubi opportunitas ingruerit, I iiijijiant." j At this date, then, we may conclude, the fyftem of j miflions from the epifcopal college, ill fupported as it i was in certain parts of Northumbria, was the only mode I of propagating the truths of the Gofpel amongft the unconverted, and fupplying the returning wants of fpi- i ritual miniftration amongft the faithful. At leaft, the only material modification of it (if modification it can be called) was in fuch parts of the country as Chrif tianity moJi prevailed, wherein, fays Bifliop Stillingfleet, " encouragement was given for building churches, at a convenient diftance from the cathedral, and fettling a number of presbyters together there, which were after wards called collegiate churches : — 'to which the great and devout men of that time gave liberal endowments, that they might the better attend the fervice of God there, and in the country about them." Whence other zealous itinerants, again, iffued forth upon the fame Sect. II.] ISeans Mural In lEnglanD. — ^arocj&ial ©lergg. 73 footing as from the epifcopal college, to convert and inftruct the circumjacent inhabitants ; and continued fo to do, as long as the miflionary fystem of evangelizing prevailed — till, in fhort, the country was parochialized. — And when did this important innovation take place ? The idea of pariflies, viewed in the light of " diftricts bounded in regard of the profits from the people therein," in Fuller's words, " payable only to a paftor incumbent there," is inconfiftent with the community of ecclefi aftical profits jointly enjoyed by the bifliop and his clergy during the greater part of the eighth century. But towards its clofe, C!hriftianity having rapidly ad vanced, and " devotion," to ufe Selden's phrafe, " having grown firmer," the eftablilhment of proper parochial cures was generally commenced by the bifliops^ and kings ^, in their refpective manors, and, more efpecially, by the opulent thegns^, the great landed proprietors of ( ' ) " Birinus epifcopus Dorcincae &c. . . . f actis dedicatifque eccle fiis, multifque ad Daminum pro ejus labore populis advocatis, migravit ad Dominum." C^) " Inter alias quas fabricavi ecclefias, &c." Carta EthelbertI Regis in Monaft. Anglican. Tom. i. p. 24. The earlieft lay foundations of churches noticed by Bede, are thofe before cited of Counts Puch and Addi (circiter A.D. dcc.) — but about A.D. dccc. they appear to have been common, if we may credit the charters of confirmation made by Bertulph, king of Mercia, and others, to the abbey of Crowland, on the authority of Ingulphus. (^) To this origin we trace the hiftory of private patronage: — the manorial lords, having founded and endowed local churches out of their own private refources, obtained. In return for their liberality, the right of prefenting to each a competent paftor, approved by the bifhop, and amenable to his jurifdiction, for inftitution and induction to the fame. And our churches, to all appearance, are ftill, generally, prefentable to by Church Hifl. Cent. VII. p. 80. Sherlock's Charge at Vijita tion, MDCCLIX. Bishop of Lin coln's Vifitation Charge,Mr>cciK. p. 26. Kennett's Cafe of Impropria tions, p. 6. BeA^ E.H.G.A. Lib. III. cap. vil. M'hitaker's Whalley, B. ii. c. I. p. 3.S, note. Burnet's Pajlo- 'raZCare.chap.x. p.23L Clergy man's AJfijiant, iSoames on Pa tronage of Liv- [ingSt m Brit. \Magazine,I No. XX. p. 285. 74 ©rigin of tj&e ©ffice. [Part II. the Anglo-Saxons, who were defirous of the benefit of refident priefts, for themfelves and vaffals, on their own I extenfive domains, and of having the limits of the fame : made permanent ecclefiaftical divifions, within which : they might partake of the offices of religion, without being compelled to have recourfe to a diftant cathedral. Collier's £ccfe/. colleffiate, or mother church. Thefe foundations had, Hift. of Gt. Bri- • & > _ J '«™. B-in- probably, proceeded more rapidly, had it not been for the mania ^ then dominant of erecting monafteries (fo ftrongly ! animadverted on by Bede ), which in many diftricts diverted the bounty of the rich from the more falutary direction of parochial eftablifhments. However, by de- ; grees, each eftate and commenfurate parifh obtained its I appropriate place of worfliip — a filial church fubordinate 1 to the maternal temple of the diocese, with a refident incumbent and diftinct endowment of its own^. So Turner's llifi. of the Anglo Sax- OTj.s,Vol.I.p.398. The Hift. Sf An tiquities (f the Deanery of Cra ven &c. p. 5. 2d Edit. by the legal reprefentatives of the very parties who built them originally, formally fettling upon them, refpectively, at the fame time, from land of their own, a dowry of glebe, and the tithes of their own eftates. See Dr. Burton's Thoughts an the Separation of Church and Stote, pp. 7, feqq. (') King Edgar boafted that he had erected forty- feven monafteries. C) To the following beautiful epifode of the Hiftorian of Craven, not inappofite to the text at this point, the reader, I am sure, will readily grant the meed of approbation : — " I would aik, says Mr. Whitaker, " whether, at the foundation of parilhes, and for many centuries after, it were pof- fible to devlfe a method of supporting an incumbent equally wife and proper with that of a manfe, glebe, and tithes ? — The paftor was not to be a vagrant among his flock ; an houfe therefore was to be provided for him ; he wanted the common neceffaries of life (for it was held, at that time, that even fpiritual men muft eat and drink), and money there was none to purchafe them ; a moderate allotment, therefore, of land was alfo required. But the growth of grain, a process which demands much care and attention, would have converted the incumbent, as it has been well and frequently urged of late. Into an illiterate farmer. It was proper, therefore. Sect. II.] Beans Mural in lEnglanD.— iParocjjial ©lergg. 75 much being "reftrained from the common treafury of the diocefe," and perpetually annexed, with the bilhop's fanction, to each new creation, as was fuf&cient for the niaintenance of afeparate officiating minifter upon each demefne. This practice being generally received, at laft an uniformity obtained in this innovation of paro chial right ^. At firft, thefe precincts were much larger, and eaft into fuch-like divifions in each diocese, (the bifliop of Worcefter thinks,) as, at present, conftitute our rural 5jeanrt£» —varying in fize according to the difference of the feveral circuits -of the founders' demefnes, — and were i fubfequently fubdivided ; — but, whatever their magni- ! tude, there is no record of localized parochial presbyters attached to any fuch particular incumbencies in England, [ till after the middle of the eighth century. i It is true, that the advocate of earlier incumbencies Wharton's De fence of Plurali ties, p. 90. Stillingfleet's Bonds of Rejign. Works.Vol. III. p. 723. therefore, that the glebe fhould be reftricted within fuch limits as would fuffice for the production of milk, butter, cheefe, animal food, and fuch other articles as require little labour; while the bread-corn, and other grain of the minifter, should be fupplied by the induftry of his parifhioners. And if the minifter fed the people, as it was his office to do, with " the bread that endureth," there was an harmony, as well as equity, in requiring that they fliould feed him in return with that " which periflieth." But this primitive and pleafing reciprocation of good offices too quickly ceafed to be univerfal ; and the common corruption of our nature will fuper fede the neceffity of inquiring, whether the evil began with the fubtrac- tion of tithes or teaching. The declenfion would be mutual ; and law, not love, would foon become the meafure both of the one payment and the other." — The Hiftory and Antiquities of the Deanery of Craven, &c. Edit. 2. p. 5. (') See Sir Thomas Ridley's View of the Civile and Ecclefiaftical Law, p. 216, note ; and Whitaker's Hftory of fVhcdley, B. ii. c. i. pp. 37, 38. 76 ®rigin of tje ©ffice. [Part II. might allege the firft and fecond of Ecgbert's Excerpta in proof of fuch a notion. They, feemingly, evidence Johnfon's Ec- the fact, " that parifh-churches began then to be built clefLaws,No\.I. J f O DccxL. apace in the province of York," as Mr. Johnfon deduces CC. M. B. et H. from Can, i, — " Ut unufquifque facerdos ecclefiam fuam cum omni diligentid cedificet, &c." And the twenty-third, twenty-fourth, twenty-fifth, and twenty-fixth canons go, apparently, to eftablifli the fame point. But, it muft be I borne in mind, that the date of this compilation is un- ' known. The vicar of Cranbrook places it A. D. dccxl. ; '. Spelman and Wilkins, A. D. dccl. ; and others miich later — as late as the tenth century. The truth, perhaps, may be, that, though the archbifliop, whofe name the i Excerptions bear, was the founder of the code, about the time firft fpecified, his fucceffors and others aug- ; mented, curtailed, and tranfpofed its contents at difcre- ! tion ; incorporating many canons of the ninth and tenth I centuries with the authentic collection of the firft ama- i nuenfis, Hucarius. So that this code of the province of \ York, as it now appears, with the many augmentations ! of Ecgbert's fucceffors, (the work probably, as a whole, of fome learned monk of the tenth century,) is no evi- ; dence of the ftate of clerical fettlements during the archbifliop's occupation of that See {A.D. dccxxxiv — DCCLXVi). The rules are, almoft entirely, copies and extracts from continental canons ; which circumftance alone would render them inadmiflible as teftimony of our infular condition, at that or any other time : for they do not appear to have been ever received or ratified by any Englifh council. But, towards the clofe of the eighth century, we have j other indifputable proof of presbyters appropriated to Sect. II.] IDeans Mural in lEnglanD.— ^arocjial ©lergg. 77 Selden's Hift. of Tythes, c. 9. IV. particular churches. — In the fynod of Celcyth {A.D. DCCLXXXV.) it is ordered, " Omni anno in fynodalihus con- cc.M.B.etii. i/t-* '17 1 T 1 AC ventihus ab epifcopis Jngularum ecclejiarum presbyteri, qui ' can! i'. populum erudire debent, de ipfd fide diligentijjime exami- < nentur, &c." And again, in a fecond fynod of the fame ! place {a.d. dcccxvi.), all the fervants of God are bade ! to affemble "per Jingidas parochias in Jingulis quihufque I ecclefiis f at the death of the bifhop, to chant thirty | pfalms for his departed foul, and perform other cere monies of faffing and prayer : — where, it would feem, pariflies limited as in later days, are to be underftood. As fuch foundations increafed, the neceflity of fending itinerant priefts through the diocefes diminifhed, and at laft wholly ceafed; — fo that we have no mention of them later than the fynod of Clovefhoe^ {A.D. dccxlvii.); in the ninth canon of which, they are enjoined to a due exercife of their functions of baptizing, teaching, and viflting, "per loca et regiones laicorum., quce fibi ah epi fcopis provindce infmuata et injuncta funt, &c." The inftituting of parifhes, and proportioning of cc.u.B.etH. churches to them, was certainly a flow and gradual work \ Notes to Bishop of many generations — feveral caufes and perfons con- ! cAa(,§-e,MDccix. fpiring to it — as Selden, Wharton, Stillingfleet, Wake, : " ' ' and Kennett, have abundantly proved. And, againft ; Kennett's cafe the authority of fuch writers, fo profoundly learned in «oni,pp.4, leqq. ecclefiaftical antiquities, few, I fhould think, will be (') This Clovefhoe, where feveral councils were held in the eighth and ninth centuries, has been generally, but wildly, fuppofed to be Cliff, at Hoo in Kent. It was certainly in Mercia, as the kings of Mercia were conftantly prefent. And it was plainly Glevum, Clevum, or Glou- cefter, being Clou's or Clove's Hoo or caftle, and Gloucefter being alfo part of Mercia at that time. Whitaker's Hift. of Manchefter, Vol. II. p. 393. 78 ©rigin of tje ©ffice. [Part II. Hiftory of Man chefter, \ol.ii. p. 371. found to fubfcribe to Mr. Whitaker's bold and gratuitous affertion, that " all parifhes were formed immediately on the Saxon converfion, or even eftablifhed previoufly for ages among the Britons of the provinces ^" Leaving, however, this much-ventilated fubject— the obfcurity of which is not a little increafed by the dif ferent interpretations of the word parochia — it will fuf fice for us that a large number of parochial fettlements were appointed towards the clofe of the eighth century, and, by its completion, the ecclefiaftical divifion of dio- wharton's De- ccfcs, aud " parocMal limits of the parifhioners' devo- fence of Plurali- i. m • ,-i i> j.i j- ties, p. 85. i tions," were grown iulfaciently common tor the ordinary TytTes,c.l.n. inftructiou of the people to be wholly left to the parifh priejis, and itinerancy entirely abolifhed^. How foon, after the organization of the rural clergy I upon this new footing, artfipresiiBters were appointed to overlook them and their flocks, it is difficult to deter- mine. Scope is afforded for the commencement of their infpectional fervices, in aidance of the bifhop, at the i date referred to : but it does not appear, that they were ! called into being till more than two centuries after. At leaft, no church-record affords any tidings of them, within the writer's knowledge, in our own iflands. (') See Blackftone's Commentaries, Introduction, §iv. (*) Presbyters are often recorded in Domesday-book as refident, where there is no mention of churches, and are fuppofed to have given titles to places fo circumftanced — as Prieft's-town or Prejlon, Prefect, Preft-wich &c. : — in the fame way as kirJcs, churches, or ecclefim, when fuch edifices were rare, gave to the favoured towns, or villages around them, the names of Kirkby, Kirkham, Ormeskirk, Eccles, Eccles-ton, Eccles-hall, &c. The etymology of Crafs-ton, perhaps, may be traced to fome cruciform object of adoration. Sect. II.] IBeang iJlural in Unglanl).— ^^arocjial ©lergg. 79 In France, the firft foundation of parifh churches and ordinary cures was much earlier than in England ; and fo alfo was the bftaix artfiiptJSliBtEral inftitution of higher ! antiquity in the former than in the latter country. In French councils and capitularies, mention is made of rural parifhes^ and priefts in the fifth century, and of arcfiprfsbBters in the fixth. But, probable as it is, that the whole machinery of the Gallican church-police ^ would fpeedily find its way into Britain, from the conftant intercourfe between the (') And in Italy, according to Muratori, parochial divifions were as ' Muratori y^nfty. early as the fourth century. " Ad fceculum vulgaris epochce quartum ^"'^'f^^/\°'"- preecipue pertinet parceciarum, five ut appellare Jblemus, parochiarum, divifio, et aJJignata parocho cuicumque populi portia regenda. Et prima quidem inftituti fuere parochi in urbibus, tum in agris, ut Chrif- ; tianarum multitudini in dies crefcenti paftorum prcefentium ape fad- : nils conjideretur. Baptifinales autem ecclefice procedente tempore ejuf modi ecclefice appellatcB funt, quad baptifterium etjus baptizandi fideles, antea uni urbis cujvfque ecclefice refervatum, commune factum fuit cum ruralibus quoque parachialibus ecclefiis, ne in incommadiim infantium haptizandorum vergeret nimia facri fantis diftantia. Ruralium dixi : '' nam quod eft ad urbanas parochias, longe ferius iis facta eft venia mi- \ nftrandi baptifmatis. Nempe olim, erat cuicumque civitati una bap- { tifmalis bafilica, plerumque penes cathedralem, ad quam deferre opus erat quoslibet civitatis pueros facrd undd luftrandas Plebes j quoque nuncupabant/ur parochiales ecclefice, unde ad nos manamt Ita- I lica vox Pieve. Plebis quippe nomine olim defignabatur collectio fide- j Hum, fub unofacerdote pafda : qua fenfu etiam dioecefes interdum occur runt appellatce plebes," &c. With the firft part of this ftatement on : rurales parochice, Thomaffin alfo agrees. See his Vetus et Nova Ec- I cleficB Difciplina, Tom. i. P. i. L. ii. c. xxii. x. p. 292. (^) " That there was all along, in thefe days, a very near affinity The authority between the polity of France, and that of our own country, in its eccle fiaftical, as well as in its civil eftablilhment, might from many inftances evidently of CJiriftian Princes over Synods, &c. p. 154. 80 ©rigin of t&e ©ffice. [Part If. Stillingfleet's Eccl. Cafes, Vol. I. p. 145. CC. M. B. et Vol.1, pp. 95. 146. 213. H. Johnfon's Ec clef Laws, DCCCCXLIII. two countries ; fuch does not appear to have been the cafe as to this particular department of fpiritual office. The fyftem of country awj^tpugbgttratJS or trjcanates with their attached fuperintendents, does not appear I amongft. us till the eleventh century— owing, perhaps, to , the magnitude of our firft parochial divifions, and paucity j of diftinct congregations and incumbencies, which for a time called not for fuch appointments. Befides — such as they were, they were vifited, every year, by the higheft ecclefiaftical officer. The bifhops annually " went about their diocefes in order to an inquiry and correction of mifcarriages," vifiting parochially every church, and manfe, and paftor, and flock. They vifited, indeed, be fore the divifion of parifhes at all. The council of Clovefhoe, under Archbifhop Cuthbert, orders diocefans to vifit their parochice (diocefes) once a year, and to teach the people of all conditions and of both fexes " utpote eos qui raro audiunt verbum dei ; " prohibiting all pagan obfervances &c. (can. in.) ; and the fame in junction is repeated in the council of Celcyth {A.D. dcclxxxv. can. in.). After the divifion of parifhes, an nual epifcopal vifltations continued to be parochially made, as appears from the conjiitutions of Archbifhop iOdo (.^. P. DCCCCXLIII. can. in.); "the bifhops going about their diocefes every year, and vigilantly preaching the word of God." While, then, church-difcipline was thus fupported by the diocefan in his own perfon throughout the whole Hift. of Ancient , evidently be made appear," fays Archbifhop Wake. See alfo Hales's Primitive Church af tlie Britifti Ijles, p. 68 ; Collectanea Cambrica, N°. VI. ; and Roberts's Vifitation Sermon, mdcccxii. notes p. 20, and Appendix, N" vi. p. 316. Sect. II.] Deang Mural in lEnglanl).— ^arocljial ©lergg. parochia, we have no reafon to expect the introduction ' of any official deputies ; and none accordingly are found ' between the bifhop and presbyter with any office or jurifdiction in the diocefe at large. By degrees, how ever, the ecclefiaftical condition of the country changed ; and the fpiritual government of the faithful became too arduous for one epifcopal overfeer or vifitor to manage. Parifhes, originally co-extenfive with the largeft manorial limitations — commenfurate, as I have faid already, with our modern rural Ijfanrtes — were again and again fub divided; till, at laft, they reached the comparatively fmall bounds, and multiplied diftinctions, which now, for the moft part, obtain. Every new proprietor, by grant or purchafe, of a partitioned lordfhip, was naturally de firous of a new place of worfhip \ a refident minifter, and parochial circuit, proper to his own eftate — accom modations, which the diocefan paftor liberally ceded for the advancement of C!hriftianity. Thus with the divifion of lordfliips^, churches and parifhes fimultaneoufly multiplied. And, notwithftanding the refervations in favour of the feniores ecclefice — the (') lu Spain, and fome other countries, no patron can alienate an advowfon, but by felling the manor to which it belongs ; and ftill, by our law, if the lord of a manor grant to another perfon his manor, cum pertinentiis, the advowfon or patronage of any church or churches, ap pendant to that manor, paffes to the purchafer, or other grantee, though there be no exprefs mention of the advowfon ; nay, though the words cum pertinentiis be omitted. Bifliop Burnet fays the feparating an advowfon or prefentatlon, and felling them off from an eftate to which the endowment was annexed, obtains in no other nation or church than our own. Q) "¦Ecclefia verb iftorum omnes fere tot perfonas et participes ha bent, quot capitalium virorum in parochia genera fuerint." VOL. I. a Johnfon's Ec clef. Laws, DCCCCLVIII. c. 2. MXVII. c. II. Johnfon's An cient 8f Prefent Church of Eng land, Parti. ch. IX. p. 68. See Kennett's Impropriations,App. No. V. p. 6. Paftoral Care, c. X. Clergy man's Afftftant, p. 235. Girald. Cam brenf. Defc. Wall. L.ii.c.\i. 82 ©rigin of tj&e ©ffice. [Part II. See Turner's Hift. of the An- glo. Saxons, Vol. I. B. III. c. V. p. 228. LL. Ecclef. S. Edward. CC. M. B. et H. Vol. I. p. 311. can. IX. Turner's Hift. of the Anglo-Sax ons, Vol.1. B.v. c. I. p. 296. mother-parifh-churches — of Edgar's and Canute's days, (whereby thofe churches, in cafe of new ones being erected within their limits, were entitled to two-thirds of the tithes and oblations of the elder parochia in its fulleft extent), the daughter-churches, "by connivance of.tlie time," became poflefTed of an equitable fhare of the parochial rights, and participated, at the fame time, in the temporal heritage of their parents ; that is, as far as the lands fltuate around the new creations were once tributary to the old, the latter were entirely deprived of them, and the fecondary benefices therewith perma nently endowed — faving alone the t5urtj&=Stot to the mother-church, which was continued to her as a mark of fuperiority. Thence it happened, that in the reign of the Confeflbr the very great number of churches (ftrange as it may found to modern ears, and fcarce credible after all the ravages of the Danes in the ninth century^) was a fub ject of complaint : the new foundations, by the fubtrac- tion of large portions of tithe of the primary dotations, greatly impoverifhed the old parochial incumbencies — "Multis in locis modo funt tres vel quatuor ecclejice, ubi tunc temporis una tantum erat, et Jic {dedmce Jingulorum facer dotum) coeperant minui." {A.D. mlii.) The maintenance ( ' ) Alfred's interefting allufion to thefe ravages, in his Preface, while contrafting the former and then ftate of the kingdom, fliews the number of well-furnifhed churches in the ninth century to have been confide- rable — . ..." I alfo remember," fays the king, " how I faw, before that every thing was ravaged and burnt, that the churches through all the Englilh nation flood full of vefTels and books, and alfo of a great many of the fervants of God &c. ! " The churches, at that time, were, for the moft pait, built of wood, and therefore foon deftroyed by fire. Sect. II.] ISeans Mural in lEnglanD.— ^arotj&ial ©lergg. of officiating priefts was much leffened from this addi tional caufe — that the clergy, having been in affluence while their larger pariflies were undivided, did not at that time exact their rights to the full ; and the fame being neglected were, in a great meafure, fubfequently loft : while, at the fame time, the very cantonment of i the tithes amongft a greater number of poor clerks ren- 1 dered their payment more neceffary. i However, notwithftanding the complaints of the pri- 1 mary foundations, the fecondary ftructures advanced, ' gradually and progreflively, to the ftate of perfect bene- ; flees, and were invefted with diftinct glebe and tithes, j apart from the mother-parifh-church, as the latter, in its | day, had been portioned off from the cathedral endow- j ment\ Before, or about, the time of the Confeffor, this j innovation on the elder parochial divifion was com- j pleted ; and the ecclefiaftical bounds of parilhes gene- j rally fixed, as they have fince obtained throughout Eng- ! land — (fee LL. Eccl. Edgar. R. cc. vi. ix. xv. Canut. R. c. xiii) — the diverfity of our prefent parifhes in fize ori ginating in the endlefs diverfity of the feveral circum ferences of the founders' poflfeffions. To reduce and preferve the multiplied parochial cures within the pale of difcipline, we may fuppofe, that, about Johnfon's An cient Sf Prefent Church of Eng- land,Vo\.\.-^.\T. Collier's Ecclrf. Hiftory, B.lII. p. 228.' (') In honour of the cathedral church, and in token of fubjection to it, as the bifliop's fee, every parochial minifter, within the diocefe, pays to the bifhop an annual penfion, called anciently catJeDraicum : which ac knowledgment is fuppofed to have taken rife from the eftablilhment of diftinct parifhes, with certain revenues, and thereby the feparating of thofe diftricts from the immediate relation they had borne to the cathedral church. Mr. Johnfon feems to confider the catj[)et)raicum the fame as c|^urc|&-SCOt : fee Ancient and Prejent Church of England, Vol. i. p. 15. g2 Wharton's De fence of Plural. pp. 98, 99. Gihfon's Codex I. E. A. Tit.viii. cap. I. Vol. I. p. 171. 84 ©rigin of tj&e ©ffice. [Part II. Ducangii Gloff. Tom. I. in voce. See Thomaffin. V.etN.E.D. Tom. I. P. II. c. V. p. 225. V. Preface lo Eccl. Cafes, xil. Hift. of Eng land, Vol. I. B.IV. p. 112. this time, a certain number of incumbencies or prJsi)B:» terates were thrown together, and conftituted an artj)f= prEsftgtsrate^ — "diftrictus arcfitpresbatnt ruralis" — at the fole and arbitrary appointment of the bifhop of the dio cefe ; or, as population thickened, within the limits of the fame, and new churches arofe, that a certain number of contiguous cures, in clafles of ten'^ or more (the eccle fiaftical in this matter copying the civil ftate) were fevered off from the primary jurifdiction, and modelled into tieanries^; or, in other words, diocefes were broken into arrlltpresbBtEtat^s, and thefe again remodelled into JjEtanates, and placed by the diocefan under the vicarious tutelage of trcans rural : who ftill preferved, in eccle fiaftical language, the title of arcfiprtestg*. — "Slrt6iprJS= , (') Or the arcj&ipreg6gterate may reprefent Bifhop Stillingfleet's pri mary parochial divifion, a fection of the diocefe correfponding to the modern rural tieanrg ; wherein was originally one church — the matrix : ecclefia — with its incumbent minifter ; whofe huge parifh was fubfequently • cantoned into minor jiresllgterateS ; over which the elder prieft prefided, as the pleBanug of the continent over his minores tituli ; and continuing to dwell at the principal town or place (the metrocomia, where was the original matrix ecclefia), exercifed, as arcj&priegt, ecclefiaftical rule over i the whole jurifdiction, churches, presbyters, and people. See the note from Holinfhed, below. C) "Within the diocefe of Worcefter," Bifliop Stillingfleet fays, "in ! two I)eanarie$i of it, there are to be found in Domesday-book above I twenty parifli churches : in the teanarg of Warwick, ten ; and in the I Deanara of Kingftone. fifteen, C) Rapin notes, that in the days of Alfred the fecular clergy had taken poffeffion of the monasteries, from whence the monks had been , driven by the Danes ; and lived there in common, under the direction of an arcj&priest. (") "As the number of Chriftians increafed," writes Holinflied in The Defcription of England, " fo firft monafteries, then finallie parifli churches, were Sect. II.] IBeans Mural in lEnglanl). — ^arocj&ial ©lergg. 85 Morin. de Sacris Ordinat. P. ill. Exerc. XVI. c. II. p.217. x. figtert dicti videntur Wetmi," fays Morin, " eo quod anti quitus dioecefes erant per tretantas divifce, quibus prceerant artfitpresliBtert ; ut videre efi in capitul. Carol, calv. c. in. T. III. Cone. Gallice." Some fuch ecclefiaftical arrangement as that alluded to, probably, took place in England about the middle of the eleventh century, if not earlier, in imitation of the economy long before eftablifhed in the Gallican churches; ' whence, in Mr. Whitaker's opinion, the whole of our | Hift. ofuan- fpiritual police emanated. Whether, however, this no- B.ii.'c'ix.'/m. tion be admitted or not, there were canons enough of i *"' influential councils, bearing upon the office in queftion, i to make known its utility, and pave the way for its introduction from the continent into England — witnefs the fecond of Tours, the Capitulars of Charlemagne, and the Pavian and Lateran councils, cited in earlier pages. — In the latter it had been expreffly decreed, (both at were builded in everie jurifdiction : from whence I take our Ijeanerie churches to have their origlnall, now called mother churches, and their incumbents arcj&preegtg ; the reft being added fince the conqueft, either by the lords of everie towne, or zealous men, loth to travell farre, and willing to have fome eafe by building them neere hand. Unto thefe lieanerie churches alfo the cleargie in old time of the fame Deanerie were appointed to repaire at fundrie feafons, there to receive wholefome ordi nances, and to confult upon the neceflarie affaires of the whole jurifdic tion ; if neceffitie fo required : and fome image hereof is yet to be feene in the north parts. But as the number of churches increafed, fo the repaire of the faithfull unto the cathedralis did diminifh : whereby they now become efpeciallie in their nether parts rather markets and fhops for merchandize, than folemn places of praier, whereunto they were firft erected." Second Booke, chap. i. of the Ancient and Prejente State of the Church of England, p. 135. See alfo Stavely's Hift. of Churches in England, c. vii. pp. 108, feqq. ; Stillingfleet's Ecclef Cafes, p. 650. and the fourfold divifion of churcMs there ftated ex LL. Canuti Regis. 86 ©rigin of tj&e ©ffice. [Part II. ThomaflTin. V. et N.E. D.Tom.i. P.I. L.II. c.VI. p. 227. I. Ticinum and at Rome) " ut Jingulce plebes art!)tpr£sb!)= terum haheant." Where the word "plebes," Thomaffin remarks, much to our prefent purpofe, "plurium paro chiarum tractum dejignat, quibus conjiat unus irecanatus. Quot plebes, totidem debent eJfe artfitpresliBtjrt, qui follid tudinem gerant, non laicorum tantUm fidelium, fed paro- chorum. Sicut epifcopus matrici prceeji ecclejice, ita arc|&i= presliBtf'^i prcejint plebibus, &c." By which explanation this artfitpresbBt^tal regiment is made to fall in with our then civil ftate as founded by Alfred^; — the confti tution of which is faid to have beftowed on the firft i reprefentative of the arcfiprtJSt's office, in ante-Norman England, the title of iiEcanus ; as the final claufe of the fame canon, " cuncta tamen referant ad epifcopum," (the bifhop being the author of the appointment) diftinguifhed it by the adjunct of " epifcopi." To purfue the fubject of the titan rural'S origin no further — it is certain, that, in the year mlii., this then important perfonage appears, for the firft time, in the tomes of the councils of Great Britain and Ireland, under the ft,yle and title of SBecanus lEpistopt^ — in which Spelman Gloff. ' capacity hc takcs cognifance of the violation of the Archceol. p. U5. \ , ° Gibfon c.i.E.A. I peace within his JjjanrB, and, with the earl and king, j receives a fhare of the emendation or fine of £.8 I awarded upon it — the king having one hundred fhillings. LL. Edward Conf. cap. 31 G. Sharp's Ac count of the An cient Divifion &C. p. 3. Carpeniler : Ap- pend.ad Ducane;. i , , , , Tom.ii, coi.ie; i ttanitatiis. ( ' ) " The firft divifion of this kingdom into hundreds and tithings was ordained by the virtuous and patriotic King Alfred, who is expreffly faid to have therein followed the prudent counfel given by Jethro to Mofes, Deut.1.9— 17." C) USecanus epiiscopi— " idem qui vulgo ISecanuS Muralis aut @j&rig- Sect. It.] ISeans Mural in lEnglanti.— ^arocj&ial ©lergg. 87 the earl of the county fifty fhillings — "Bsranus autem tpt'gcopt in cujus "Unmatn pax fracta fuerit reliquos decem" — which words can be applied only to the office of rural Ijeans, according to the refpective diftricts which they had in the parts of every diocefe. " There could be no breach of the king's peace," fays Sir H. Spelman, glofling upon this canon, " but it muft also break the peace and unity of the church ; therefore, the bifhop's Jjean, in whofe treanrB the peace was broken, had ten fhillings for his part of the mulct or fine thereof." Under the government of the Saxons the titan rural feems to have had more to do with civil than fpiritual office, and, in that refpect, to have differed from the Jjttan artfipregfister of the continent of the fame and earlier date. When the arcfiipregliBt^'^flte was converted into the &«ca«ate, and the artftprtcgt into the Jjtan, the office itfelf feems to have been fomewhat fecularized, and the officer made a fort of country magiftrate. But, in truth, the notices of the titan are fo fcanty, and the authority of the church and ftate fo blended together among the Saxons, in fupporting the common interefts of religion and government, that we cannot pretend to explain the nature and extent of the particular duties that devolved on him in their ecclefiaftical polity apart from their civil. As far as they go, the laws of King Edward and their additaments are authentic memorials (I believe — though Atterbury queftions, in part, their genuinenefs) of the ecclefiaftical regime of the eleventh century ; and I would that they were more full on the fubject of our inquiry, inftead of throwing, as is the cafe, little light upon it ! The titan of thefe laws being called ifJtanug episcopi Ancient Govern- mentof England. Reliq. Spelman, p. 50. See Wilkins, Not. ad LL. Ecclef S. Edw. Vol. I. p. 310. Charge to the Archdeaconryof Totnefs, MDCCVIII. Codex I. E. A. Vol.11. Tit. XLU. cap. VIII. p. 971. 88 ©rigin of tj&e ©ffice. [Part II. Origines Atigli- cantB, Vol.11. c. III. p. 66. LL. Edward. Confefs. cap. 31. & Scriptores pofi Bedam, p. 607. Rog. Hoveden. Annul. Lsgg. Will. Senior. C.I.E.A. ubi fopra, p.971. Hift. of Man cliefter, B.II. c. IX. § III. CC.M.B.etH. Vol.1, p. 311. Ecclef Laws, MI.XIV. note (g). " without doubt," Bifhop Gibfon argues, " was appointed by the bifhop, to have the infpection of the clergy and people, within the diftrict in which he was incumbent, under him, and him alone." — But fo much is left to conjecture, as to the conftitution of his office, that Dr. I Inett, drawing a different conclufion, is inclined to view j him, not as a localized functionary with a fettled diftrict I of supervifion, but rather as a fpiritual emiffary, like the : archdeacon of that day, a diocefan officer, with occa- I fional delegations of power from the bifhop, as circum- I ftances required ; — a different perfonage quite from the I incumbent titan rural of after days. And yet, the laws of the Confeffor, be it remembered, fpeak of the " Jjccanus I in cujus trecanatu &c." as if the officer intended were in immediate connexion with a particular fteanrg, and not a remote non-refldent delegate, difpatched on emergen cies from the epifcopal fee. That. he was a refidentiary officer, again, is the opinion of Mr. Whitaker ; who views the code of the Confeffor as a document that may be relied on, and draws from it a general inference that the rural titan was everywhere Te^et?, and the rural tieanry everywhere laid out, among our Saxon anceftors — an ' inference by no means warranted. If the officer called " minijier epifcopi" in the tenth canon of the fame code be, as is reafonably entertained, I the fame functionary as the "iietanus tpfscopt" of the I thirty-firft canon, we have an extenfion of his powers I from matters connected with the kings peace, to that of 1 the management of an ordeal-trial. Mr. Johnfon, how- j ever, does not apply the " bifliops minijier " to the titan, 1 but to the archdeacon, " or whatever officer the bifhop thought fit to fend." Who more fit than the local orlJinarg, Sect. II.] ISeang Mural in lEnglanl). — i^atocj&ial ©lergg. 89 the titan of the diftrict, in which the ordeal was to be heldi? I do not fay pofitively that the firft rural arcSprcsbBter, or titan, was not a diocefan emiflary of the nature re ferred to by Dr. Inett ; nor that the type of his office was not founded on the eaftern model of the fee of Laodicea ; where the pjrioifcuta was fometimes a rcsiljcnt curator, fometimes, and perhaps more frequently, an itinerant ' coaifjutor of the urban bifhop — after the abolition of the ! cfiorcptscopus, who was the city-bifhop's previous help- , mate, — There is every reafon to fuppofe the fifty-feventh | canon of Laodicea known to the Anglican church at the , time of the fynod of Celcyth ; in the fourth canon of ; which it is decreed, "ut fynodalia edicta univerfalium fex cc.M.B.etH. conciliarum cum decretis pontificum Romanorum fcepiiis lectitentur, obferventur, et juxta eorum exemplar ecclefice Jiatus corrigatur, ut ne quid novi ah aliquibus introdud] permittatur, ne Jit fchifma in ecclejid Dd." From whence i sccuf Laws, it may be inferred, that the church of England received the whole body of canons and codes contained in the firft fix general councils, and, of courfe, thofe of the topical councils ratified and confirmed by them {fee the fecond Volume of the Clergyman's Vade-Mecum by Mr. Johnfon), of which collection the Laodicean decrees formed a part. The ancient church of our ifland had ever a great regard to the Orientals ; as appears from another claufe Vol. I. p. 147. (') Collier interprets the phrafe by the bifhop's official. On the Anglo-Saxon ordeals, fee Wilkins LL. Inee, p. 27 ; Collier's Ecclef. Hift. of Great Britain, B. iii. p. 231.; and Turner's Hftory of tlie Anglo- Saxons, Vol. II. chap. VIII. p. 266. 4to. edit. DCCLXXXV.?iO(e,can. IV. Preface, cxiii. Ecclef. Hiflory, B. III. p. 228. 90 ©rigin of tj&e ©ffice. [Part II. Hiftory of Man chefter, Vol. II. B. II. c. IX. § III. p. 380. p. 393. SSCC. Tom.vi. col. 539. of the canon juft cited, whereby it is enacted that the Englifh monks and regulars fhould ufe the habits of the Orientals. — So that, it is poffible, our church may have derived the btsittng prcsiBtcr'g office direct from the Eaft, inftead of receiving it mediately from France. The evidence, however, fuch as it is, of the firft irean rural of Britain — ^the Uecanus episcopt — (whether the offi cer be of Oriental or Gallican derivation) would, affuredly, lead us to fuppofe him a local incumbent invefted with a capacity to vifit and correct defaults within his jurif diction, rather than a mere diocefan mandatary. In the kingdom of France, where the ecclefiaftical records have been more carefully preferved, and our ecclefiaftical notices are more numerous and accurate, the Ueans were, undoubtedly, not diocefan emiffaries, but local incumbents. " We fee them," fays Mr. Whitaker, " eftablifhed in their Jjeanries, and making vifltations in them, as early as dcccl ; and, even feveral years earlier, invefted with a conflderable authority, and acting as ecclefiaftical judges immediately below the archdeacon and bifliop." For this ftatement Mr. Whitaker cites as his authorities, Hincmar. p. 716. Tom. i. Articles of En quiry made by the i0eans ; and Baluzius, c. 860 & 1123. Tom. I. I fuppofe these were the moft ancient examples which this very learned antiquary could produce. But, the reader will have feen, my refearches have been more fuccefsful, and have carried back the oflBce in France to the Jixth century^ — ^to the council of Tours ^ {A.D. dlxvii.) C) There is a canon of this council of Tours well worthy of notice in thefe our days, when the ufages of antiquity are, from finifter mo tives, fo often mifreprefented with regard to the diftribution of church "¦ property ; — Sect. II.] Heans Mural in lEnglanl),— i^arocj&ial ©lergg. 91 — a period when, according to Baronius, church-difcipline was very energetically fupported by the Gallican prelates, — " ob complures S. epifcopos, qui prceerant diverfarum provindarum ecclefiis, vigehat magnoperi ecclejiajiica dif- dplina &c." Refident btcan arcSpresJbsters are there noticed, as in the full exercife of their infpectionary powers : and they are again and again mentioned, as I have already obferved in the firft branch of our inquiry, in the writings of Gregory of Tours, a little before the date of the council referred to. But to return home : — Whether the Uecanal office ofthecountrB was of much, or even any, higher antiquity in the Britifh ifles, than the eleventh century, I cannot difcover^: — the proba- property ; — though Mr. Hale, in his admirable treatife " on the fuppofed exftence af a quadripartite and tripartite divifion of tithes in England, for maintaining the clergy, the poor, and the fabric afthe church'' and in his evidence before Parliament on the fame fubject, has fet that fallacy at reft for ever, as far as regards our own country : — to one of the reci pients of the bounty in queftion, the canon of Tours referred to applies — viz. the poor. — So far from the Gallican church having been, at that time, alone burthened with the poor, the council orders that the inha bitants of each place, lay and clerical, fliould ^Mp^ort their awn poor ; — " Ut unaquceque dvitas pauperes et egenos incolas alimentis congruen- tibus pafcat fecundum vires, ut tam vicani presbyteri, quam cives omnes, fuum pauperem pafcant : quojiet ut ipfi pauperes per dvitates alias nan vagentur." (Concil. Turon. ii. A.D. dlxvii.) (') A naked traditional account of an earlier Jjcan is preferved in the curious memoir, ihe Status de Blackburnjhire. The ftory ftates, that the incumbents oi JVhitechurch under the Leigh (Walley) wrote themfelves, and were ufually ftyled, not rectors, but tleang ; of which the reafon is fuppofed to be, that, on account of the remote and almoft inacceffible fituation of the place, entangled with woods and overrun with wild beafts, the bifhops of Lichfield devolved upon them a large portion of eccle fiaftical jurifdiction, referving only to themfelves the decifion of certain diflKult Baronii Annal. Ecclefiaft. Tom. VII. col. 776. SS.CC. Tom.vi. col. 536. Whitaker's Hift. of Whalley, B.II. I. pp.31, 32. 92 ©rigin of tj&e ©ffice. [Part II. Conc.Berghamft. cc.M.B.etH. Vol. I. p. 60. Cann. fub Ed- garo Rege,c.vn. cc.M.B.etH. Vol. I. p. 225. cc.M.B.etH. Vol.1, p. 62. Whitaker, ib. pp. 39, 40. bility is, that it was not. The non-exiftence of a gene rally diftributed parochial clergy before that date, was a bar to its inftitution. There was no call for the office ; and there is no trace of its exiftence. The duties of i the continental arcfipresbBtcr were thrown on the ordi- i nary prieft of England by the feventh canon of the j Dooms Ecclefiajiical of King Withred {A. D. dcxcvi), and I by the fixth of King Edgar's Canons {A.D. dcccclx). I From the former, it is clear, that the prieft was thought ' to be under obligation to prefent offenders to the bifhop — " Si facerdos injujium concuhitum permiferit &c. : " and by the latter, fuch a prefentment is expreffly taught ; — " Docemus etiam, ut quilibet facerdos in fynodo enundet, fi in parochia fud nofcat aliquem erga deum contumacem, vel qui in peccatum mortale male indderit, quem ad emenda- tionem inclinare nequit, vel non audet propter feculares." Had the trcan of King Edward's laws, viewed in the ! character of a fpiritual fupervifor of morals and religion (fuch as he was in his arcfitpresliBtcral capacity in France) been in exiftence at the date of the Berghamftead fynod, or even the later Canons of Edgar, the duty of delating offenders &c. had, probably, devolved on him ; — fuch having been the accufatorial office of his coun- tertype of France, many centuries before the latter date, and more than a century and a quarter before the former. Again, the Laws of fatisf action for violation of orders. difficult and important cafes : that this conftitution remained for four hundred and feventy years before the conqueft &c. &c. Dr. Whitaker confiders this ecclefiaftic not to have been a rural tjean. See fome remarks upon his anomalous femi-fecular character, in an earlier page. Sect. II.] IBeans Mural in lEnglanti.— ^arocj&ial ^lergg. 93 of the aforefaid King Withred {A.D. dcxcvi), recite the different Ecclefiajiical Degrees, and the fines or emendations to be paid by perfons guilty of violating them; but there is no notice of any functionary be tween the prieft and bifhop : nor does any fuch appear in the Dialogue of Ecgbert ( J. Z). dccxxxiv); one of the cc.M.B.etH. refponfes of which apportions the quantum of penance " ' " ^' and price, inflicted by the church, for the murder of a bifhop, a presbyter, a deacon, and a monk. If arch deacons and arcJbpresbBters were then in exiftence in the Englifh church, they were not rated in the fcale of appreciation. The legiflative arithmetic, by which every perfon among the Anglo-Saxons was valued at a certain i fum, denominated his foere, took no cognifance of them i by any fuch compenfatory payment. But fee the re- 1 marks prefently following. j The learned author of our Ecclejiajiical Codex re- JGibfon's cod. marks (Tit. xlii. cap. viil of rural Ueans), that "the p'.97i.' office is mentioned in the laws of Edward the Confeffor, i as an office of antiquity at that time." But I do not j fee that the words of the particular canon referred to authorife the opinion that the office was one of long Jianding, here in England, at the period in queftion, (if fuch be Gibfon's meaning,) though it was on the conti nent of Europe. Indeed, for the reafons juft ftated, it probably could not have been. But upon this fubject of the antiquity of the office, it cc.M.B.etH. IIP T-11T V.I.p.245.^.i). may, m paffing, be obferved, (indeed I owe it to Mr. dcccclxvu. Brewfter, the author of the Collectanea Ecclefiajiica, not to pafs it over unnoticed,) that the " preefectus episcopi " of King Edgar's Law Ecclefiajiical (iii. de dedmis) — the "saterUos episcopi" of John Bromton's text of the fame. Scriptor. X. Chron. J. Brom ton, col. 871. cc.M.B.etH. Vol. I. p. 302. A.D. Mxxxiii. 94 ©rigin of tj&e ©ffice. [Part II. Origines An- glicance. Vol. II. p. 59. Brady's Gloff. p. 59. Parochial Anti quities, Vol. 11. p. 337. Homer. Iliad. A. 514. Ecclef. Hiflory ff Gt. Britain, B.Iii. p. 186. — and the "preeposftus eptscopi" of Canute's Laws Eccle jiajiical (viii. de dedmis reddendis), may pojjibly mean the Uean rural; as the terms "preefectus" and "preepo- situs " are often applied to urban Ueans, and may, by parity of conftruction, be transferred to b tcan alfo ^. Upon thefe tithe-canons of Edgar and Canute, and the officers employed in adminiftering them (called by Dr. Inett " the bifhop's deputies "), I fhall have occaflon again to fpeak, under the head of rural cfiapters, as courts of ®6riSttanttB for the recovery of church-dues ; — merely here fubjoining, that the more ufual interpretation of the term " ^raeposttus lEpiscopt" is the Bifliop's Reevel As no precife time can be determined when the office of rural Uean firft began, and no writers have affigned the caufe or reafon of its inftitution in this country, the Vicar of Ambrofden expreffes a conviction that its very ex- ijience is to be primarily fought in an imitation of the civil economy of the ftate. The parallel drawn of the lay and clerical politia of the day by this learned writer — in ecclefiaftical antiquities avrjp -noKKuiv dvra^tos aMwi/— is ingenious; but, in my opinion, however ftrong the analogy pointed out between the two, there are obftacles to the admiffion of the hypothefls that the rural Ueansfitp of the church originated in an imitation of the jurifdic tion of the tithing-man of the ftate. Still, the parallel is fo nicely worked out by Kennett, fo interefting in its (') See Ducange's Gloffar. in voce Prcepofitus, Tom. v. p. 759., and Wharton's Angiia Sacra, Vol. i. pp.431. 448. 559, for examples. C) Mr. Collier, in his verfion of the third canon of Edgar's Confiitu- tions, introduces the bifhop himfelf, inftead of his officer, as the tithe- arbitrator, in conjunction with the flieriff and the parfon of the parifh. Of Canute's canon he takes no notice. Sect. II.] ISeans Mural in lEnglanD,— i^arocj&ial ©lergg. 95 (') Thus fpake the feventeenth canon of the CEcumenic Council of Chalcedon, fub fine — to?? itoXitikoi^ koI hrjfiocriois Tvirotf Kai rcov eKK^t]- (nacTTtKav irapoiKiZv r) ra^ii aKo\ovdeiTo>. (Editor.) (*) See Walafrid Strabo's Camparatio ecclefiafticarum ordinum et fecularium, in his work ' De exordiis et incrementis rerum ecclefiafti carum,' cap. 31: alfo the running glofs of Muratori upon the lower grades of ecclefiaftic and fecular offices of the fame author, in his Anti- quitates Medii JEvi, Differtat. decima, Tom. i. col. 519. (Editor.) details, and fo pertinent to this part of our fubject, that I am induced to lay it before the reader in the words of the author ; — premifing, that he does not profefs to inveftigate the original inftitution and jurifdiction of i rural Ueans beyond our own church and nation, nor attempt to extend the refemblance to any other coun tries than thofe having the like civil government. "In the external policy of the Chriftian church," fays Dr. Kennett, "feveral ecclefiaftical offices of dig nity and power were modelled^ by the examples of places and perfons in the civil government. It was fo in the primitive^ ages through the Eaft and Weftern empires, where (as if the church by this compliment courted the favour and protection of the ftate) the titles and pre-eminence of patriarchs, primates, metropolitans, and fome other dignitaries, took the rife and foundation from the temporal powers, that is, from their different exercife of government in cities and countries. The office of rural Ueans was undoubtedly owing to the fame emulation of following the methods and forms of civil government; and therefore, as in this northern king dom, for the better confervation of peace, and the more eafy adminiftration of juftice, every hundred was divided into ten diftricts or tithings ; each tithing made up of Routh Opufcul. Ecclef yo\.II. p. 411 Hittorpii de Di vinis Cathol. Ecclef. Officiis, Tom. I. col. 695-6. 96 ©rigin of tj&e ©ffice. [Part If. LL. Edward. Confefs. 32. de centurionibus. Ibid cap. 33. de hundredis. ten friborgs, each friborg of ten families ; and in every fuch tithing ^Jiatuerunt jujiitiarios fuper quofque decem friborgos, quos Uecanos pojfumus appellare, Anglic^ vero j Tiephft^tob, i.e. caput de decern^;' which juftices, or civil ' Ueans, were to examine and determine all lelTer caufes between villages and neighbours ; to levy the fines or emendations according to legal forfeitures ; to compofe all occafional differences, and prefcribe the meafures of fatisfaction ; and, for this purpofe, to keep their ftated meetings for complaint and inquiry; but to refer all greater or more criminal caufes to the fuperior juftices, or thofe who had jurifdiction over the whole hundredi So, in compliance with this fecular method, the fpiritual i governors, the bifhops, divided each diocefe into Ueane- ries or tithings, each of which was the diftrict of ten parifhes or churches ; and over every fuch diftrict they appointed a Uean, who fhould in like manner reconcile the differences of Chriftian neighbours; and receive complaints, and inquire into grievances, and impofe the lefTer cenfures of the church : and for this purpofe to w. K. gj!«. sibb. Par. Antiq. Vol. II. p. 338. (') Caput de decem — IBecembir — ^^peha&n. Margin. Annot. Glojfar. Archceol. p. 248. See alfo Dugdale's Origines Juridic. c. x. Court Ba ron, p. 25. ^ " iiecanus, Friboroughed or Headborough." The occafion of the lay-inftitution is given in fall by Sir Henry Spelman, from the original laws c. xx. lac. cit. Glojfar. Archceol. — and tranflated in The An- dent Government af England, p. 51. (Editor.) C) " The lords of the hundred, by the laws of Hen. I. c. 8., were to hold their courts twelve times in the year, i.e. once a month; efpecially, a full appearance was required twice a year. So the Oeansi had their fynods." "The like fimilitude between the earl and the bifhop; both their aeftimations valued alike in the laws of King Ethelflan ; and two fchire- motes every year, as two epifcopal fynods." J Sect. II.] Ueans Mural in lEnglanU.— ^arocjial ©Icrgjj. 97 hold their folemn chapters, and preflde in them, and judi cially determine all matters of lefs concern ; but to refer the cognifance of all greater caufes, and fufFer appeals to the fuperior courts of ®]&ristiant'tB, and fo on, to the fupreme ecclefiaftical judicature \" " Thefe Ueans were conftituted over fuch a number of - churches within a large city, and were then called Uecant (') The like office of OeanS begad very early in the greater monafte- Parochial Ami nes, obferves Bifhop Kennett, efpecially in thofe of the Benedictine ^p* 339 feqq"' order ; where the whole convent was divided into decuries, in which the Ilegul. S.Bened. Cean or tenth perfon prefided over the other nine ; took an account of Moeunt'Tc IQ all their manual operations ; fuffered none to leave their ftation, or omit B. Ifldor. de their particular duty, without exprefs leave ; vifited their cells or dormi- c. 15. tories every night ; attended them at table, to keep order and decorum S. Hieronym. ad at their meals ; guided their confcience ; directed their ftudies, and ob- xxii!'c. xv!'de ferved their converfation ; and for this purpofe held frequent chapters, CoenoUtis. See wherein they took public cognifance of all irregular practices ; and s. i. fub fine. impofed fome lefTer penances ; but fubmitted all their proceedings to the Alteferra^/ce*. abbot or prelate, to whom they were accountable for their power, and -"cap. 9. the abufes of it. And in the larger houfes, where the numbers amounted to feveral decuries, the fenior Oean had a fpecial pre-eminence, and had Synod. Aquif- . /. n 1 7 1, 1.1 A J gran. can. 55. fometimes the care ot all the others devolved upon him alone. And therefore the inftitution of catj&et)ral l)can0 was certainly owing to this practice. When in epifcopal fees the bifhops difperfed the body of their clergy by affixing them to parochial cures, they referved a college of priefts or fecular canons for their counfel and affiftance, and for the con ftant celebration of divine offices in the mother or cathedral church ; where the tenth perfon had an infpecting and prefiding power, till the fenior or principal Oean fwallowed up the office of all the Inferior, and in ' fubordinatlon to the bifhop was head or governor of the whole fociety. . His office, as defcribed in the churches of Lichfield and Coventry and St. Paul's, was to have authority over all the canons, presbyters, and vicars ; to give pofleffion to them when inftituted by the bifhop ; to Monaft. Angli- infpect their difcharge of the cure of fouls ; to convene chapters, and ™%4l'"386' prefide in them ; there to hear and determine proper caufes ; and to vifit all churches once in three years within the limits of their jurifdiction. 98 ©rigin of tj&e ©ffice. [Part II. urban! and bicani ; or elfe over the like extent of country churches, and were then ftrictly called Uecan! rurales. I And, indeed, the tithing-men in the ftate, and the rural ! Ueans in the church, had the extent of their jurifdiction ; and the exercife of it fo much alike, that the one could be no lefs than a tranfcript of the other. And, there- : fore, it is farther obfervable, that we meet with no fuch I offices as rural Ueans in Italy or Spain ; but, I think, only in England, France, and Germany, or thofe northern parts, where the like cuftom in civil policy prevailed. And as hundreds and tithings kept their name, when they bare no longer a ftrict relation to the number of villages or people ; fo likewife the rural Ueanertes conti nued, when they loft their firft allufion to ten parifhes or churches, and the diftrict of them was contracted or enlarged at the pleafure of the bifhop \" "Though fome Ueanries do ftill retain the primitive allotment of ten churches, efpecially in Wales, where the moft ancient ufages continue in the diocefe of St. Afaph, the Ueanries of Bromfield and Yale, and of Kid- wen; in Bangor diocefe, the Ueanries of Llin and of Llivon; in the Diocefe of Landaff", theUcanrg of Ufli; in that of St. David's, the Ueanrg of Emlin, have the pre cife number of ten parifli churches. And feveral other Regni Antrlice Gubernatio Ecclefmftica, cap. IV. (') "Totum AngUce Regnum," fays Dr. Cofin, " ra^iowe ecclefiafticis in eo jurifdictionis, dividitur in duas archiepifcopales pravindas — Can- tuarienfem el Eboracenfem. Utraque provincia in fuas epifcopales dioecefes, fingidw propemadum dioecefes, prcefertim quce majares funt, in archidiacanatus, quandoque quartam partem dicecefis continentes; Oecanatug, quibus prcefiduntur ruraleg Oecani antiquis arcj&ipresigteriu non multum diffimiles, et camplectentes plerumque Oecem paroedas, quas concilium Chalcedonenfe Regionaks vocat; &c." (Editor.) Sect. II.] IBeans Mural in lEnglanD.— i^arocjial ffilerga. 99 Ueanries, that upon their new divifion were made up of two conjoined, or three contracted into two or one, do now contain the number of fifteen, twenty, or thirty churches, according to the divifion fo made. As for inftance, the prefent Ueanrg of Burcefter is made up of thirty-one parifh churches : of which the one church of Ambrofden being excepted, as before the Reformation being in the Ueanrg of Codefdon, the remaining thirty do expreffly anfwer the three diftinct Ueanries of Curtling- ton, Iflip, and Burcefter, of which the two former were annexed to the latter." Dr. Whitaker, in his Hijiory of RichmondJhire,Y6\.. ii. p. 210, notices that the rural Ueanrg of Kendal confifts of ten parifhes, and that of Kirkby Lonfdale of the fame number : though of the latter, five are in Lancafhire, four in Yorkfhire, and one in Weft morelaud, p. 276.-' Plauflble as is this theory of the parochial antiquary, and true to the extent of affording a fatisfactory expla nation of the nature of the local jurifdiction, and the probable origin of the name of Uean, applied to the tenant of the arcfitprEsbgtcral office — an application, con feffedly, fynchronizing in its date with the ftate-polity alluded to, or immediately fucceeding it^ — it ftill ap pears to me to have little or nothing to do with the rife (') See alfo Hft. af Mancliefter, Vol. ii. B. ii. c. ix. p. 3S1. (*) The date of the inftitution of civil DeanrieS or Decaniffi is not exactly known : on the continent it obtained earlier than among our felves ; but no where for nearly fix hundred years after Chrift. On the authority of Baluzius, Muratori places it at the clofe of the fixth cen tury — "primus, qui regionem civitati fubjectam in centenas et Oceania ji divififfe creditur, fuit Chlotharius II. Rex Francorum drciter Annum Chrifii DXCV." h2 Muratori Anti quitat. Medii Mvi, Differtat. Decima, Tom. I. col. 520. 100 ©rigin of tj&e ©ffice. [Part II. of the fpiritual charge itfelf; which, as identical with that of the rural arctpresbgtersfiip, is traced to a much earlier date than the fecular office of tything-man, and found where the latter never exifted. Lay influence may have modified the form and extent of the ecclefi aftical jurifdiction, but cannot be faid to have originated an office more ancient than its fancied archetype. c'ler^" 1} Tot Accordingly, by Atterbury, when archdeacon of Tot- «c/i, MDCCVIII. nefs, the fcheme of Kennett was objected to, as founded in error. " It is untrue," fays he, " that the inftitution of rural Ueans was peculiar to Germany, Gaul, Great Britain, and the northern parts of Europe ; but alto gether unknown to Italy, till the time of Cardinal i Borromeo ^ The ground of that error was a falfe ' notion entertained by Kennett, that the Uean rural in the church anfwered to the tything-man in the ftate, ' and had the fame extent of jurifdiction ; which led him to imagine that tfiat portion of a bifhopric, which we call a rural Ueanrg, was to be found in no countries but where the like civil diftribution into tythings prevailed. (') Dr. Kennett and Dr. Atterbury rarely agreed upon any fubject. But I believe the latter is here right. The facts of hiftory are certainly againft the hypothefis of the bifhop of Peterborough. We have found many inftances of this facerdotal dignity in Italy and Spain, in the courfe of our inquiry : and, if the cafe were otherwife, the non-occurrence of ! the office (in Italy at leaft) would be readily accounted for in the reafon /' et N. E. D. alleged by Thomaffin, (for he feems to agree with Kennett, as to there L. III. c. i.xxvi. ; being no fuch officers in Italy) viz. the fmallnefs of Italian bifhoprics, p. 794. III. , gjj^ confequent needleffnefs of fubordinate tiecanal jurifdictions. But, i in truth, arcj&prteStiS or Scans were of early inftitution in Italy, though I not exactly on the fame footing as they were fubfequently placed by the } reforming archbifliop of Milan. Sect. II.] ISeans Mural in lEnglanO.— ^arocj&ial @lcrgg. 101 Gloffar. Arch. in V. bcCfinotuS/ p. 166. I need oppofe nothing to this opinion beyond the autho rity of Sir H. Spelman, in that part of his gloffary which he himfelf printed ; where he tells us, that the rural Ueanrg anfwered (not to the fecular ty thing, but rather and more nearly) to the county hundred. '50ecanatus didtur de portione epifcopat4s, centurice feu hundredo comi- tatiis rejpondenti, et Uecano olimfuppojitd!' " Equally unfatisfactory is the hypothefis of the bifhop of Peterborough to the accurate and penetrating refearch of Mr. Whitaker, the Hiftorian of Manchefter; who, fi-om his examination of the Ueanrfes of Lancafhire, fhews ' "the folly of the inconfiftent relations, which have been Hiftory of Man- equally adopted as true, — that Ueanries were made in p. 393!' the church in order to correfpond with the tythings, and to agree with the hundreds in the ftate. The uniformity of the ecclefiaftical and civil tything is aflerted by Bifhop i Kennett. The famenefs of the Ueanrg and the hundred is affirmed by Dr. Warner. And both accounts are equally adopted by Dr. Burn in his Ecclejiajiical Law. \ But they are as wrong as they are contradictory." ¦ "This ftrange miftake," continues Whitaker, "has fo far influenced Bifhop Kennett, that falfely fuppofing the tythings of the ftate to have been inftituted by Alfred, and ; obliged not to make the copy more ancient than the origi- \ nal, he therefore dates the ecclefiaftical tything below the \ age of Alfred, and aflTerts the latter to have been in no kingdom that had not the former ; when the latter was confeffedly in Wales, and actually in Ireland, Hungary, Bohemia, and Poland, where the former never was." What, then, after all this hypothefis, contradiction, and ' uncertainty, may we aflume to have been the true reafons ; of the firft rife and inftitution of this office in England ? 102 ©rigin of tj&e ©ffice. [Part H. Ecclef Cafes, ' Thcrc wcro many things, the Bifhops Stillingfleet and ^yorks, Vol. III. ¦' 1 1 .1. p. 654. ! Atterbury, with great probability, conjecture, which con- chidiaconai tributcd to letting the archdeacons, and arcSpresbgters or MDCCVIII. rural Ueans, into a part of the ecclefiaftical jurifdiction^; Lewis's £/«,/ on and thcfe were, "the laying aflde the chorepiscopi in the Suffragan Bi- . shops, v 7. Weftern parts," (of which fo much has been already faid), " as taking too much upon them " — and the pub lic fervices to which the bifhops, as the king's barons, were obliged under the Norman government. This [ prefTure of fecular buflnefs, added to attendance at all I ecclefiaftical fynods, occafioned^ temporary delegations : of the whole epifcopal jurifdiction to fome officers, and of certain parts of it to others, erected for this purpofe, from whom the bifhops preferved a right of appeal ; — I there being, in the words of Jeremy Taylor, " no canon. C) The caufes that originated the Oean'S archetype in the eaftern church of Afia Minor, as affigned by Boehmer, are worth noticing — 'Prot^lt'l'film " ^^^^ periodeutcB inftituti.) § xxiii. Hoc fceculo, variis inteftinis malis Tit. XXXIX. notabili, officium, {lerioOeutarunt in quibufdam, ecclefiis demum invaluit, ' P' • ! tum quod epifcopi primarii propter quotidiana cum Arianis alii/que certamina, fere a follidiudine debitd vifitandi ecclefias avocarentur, et Jynodis hinc inde convocatis interejfe, ab ecclefia Jud abejfe juberentur ; ! tunn etiam quod quarundam provincia feu dicecefis jam latius extenfa \ eJfet, cuifolius epifcopi vifitatio annalis haud fuffidebat. Hac de causa j hanc partem muneris fui, quod vifitatione frequentiffimd explicandum j erat, vicariis quibufdam cancrediderunt, qui a nutu epifcoporum depen- ; debant, omnia ad epifcopum referebant, et auctoritate epifcopi per dioe- cefm circumibant &c." Zn'of^il"^""' i ^'^ "^' ^^ probable," fays Lord Bacon (fomewhat out of temper, Church, Works, i feemingly, with thefe delegations of the hierarchy), " that bifhops when • • P' • 1 they gave themfelves too much to the glory of the world, and became grandees in kingdoms, and great counfellors to princes, then did they delegate their proper jurifdictions, as things of too inferior a nature for ; their greatnefs &c." Sect. IL] 3Seans Mural in lEnglanO.— ^arocj&ial ©lergjj, or perfonal declamatory claufe, againft a bifliop giving more or lefs of his jurifdiction by way of delegation." Nay, we may go further; and fay, with Mr. Johnfon, that in the codes of the primitive and univerfal church, examples occur of every kind of fpiritual authority, exercifed by bifliops principally, being, on occafions, de legated to presbyters, except that of ordination alone \ From the conjectures of the cited bifliops of Wor cefter and Rochefter, again. Dr. Inett in part diffents, ftarting a fupplemental hypothefls of his own, by no means unreafonable. — "The feparation of the eccle fiaftical and civil courts^, and fetting up the conflftory," remarks the author of the Origines, " made it neceffary to change the forms and circumftances of ecclefiaftical ' proceedings, to introduce fuch new officers as were 103 Epifcopacy Af- ferted. § L. Works, Vol. VII. p. 268. Preface to Vade- Mecum, p. Ixxii. Bingham O.E.S.ii. cm. 8. 5. c. VII. s. 5. Origines Angli- cancB, Vol. ii. chap. in. p. 64. William 1. Ann. MLXXXV. CC. M. B. el H. Vol. I. pp. 84, 212, 225. (') See Capitul. Regis Carolomanni (A.D. dccclxxxiii.) cap. 7. apud Thomafs. V. et N. E. D. Tom. i. P. ii. L. i. c. v. p. 225. ii. (') This feparation was made by William I. But before that period, and, it may be, from the firft introduction of Chriftianity, the bifhop, both in England and elfewhere, had a feparate court for matters purely fpiritual, diftinct from the fecular courts. This is fhewn by the tenth anfwer of The Dialogue o/ Ecgbert (J.D. dccxxxiv.), in Wilkins ; by The Ecclefiaftic Laws af Hoel Dda, L. ii. c. xxviii. (A.D. dccccxliii.) ; and by the feventh of King Edgar's Canons (A.D. dcccclx.). Indeed, from the latter may be inferred the exiftence, in the tenth century, of a fubordinate ecclefiaftical court invefted with a delegate power from the bifhop, the final referee of appeal. " Docemus etiam," fays Edgar's canon, "ut nullurn negotium, quod inter facerdotes eft, deferant adjudi- dum fcBCulare, fed componant ac pacificent illud proprii illorum facii, vel transferant ad epifcopum, fi opus fuerit : " — which may be confi- dered as preparing the way for the " Juftitia Epifcopi," the judge de- i See .lohnfon's puted by the bifliop, or the bifliop's fpiritual law, the " Oecanus," or '¦ noie%v^T " minifiter episcopi, cum dericis Jids," of Edward the ConfefTor's laws, the ; fuperintendent of the rural clergy in cj&apter affembled. i 101 ©rigin of tj&e ©ffice. [Part II. needful to convene and cite the parties concerned to attend the procefs, and to execute the fentence ; and that, the better to fuit the conduct of church affairs to thofe of the ftate, and make this new eftablifhment to anfwer the ancient divifion of the kingdom into counties and hundreds, the bifhops of England did, about the year mlxxxv, divide their diocefes into archdeaconries and Ueanries, and, to fit theirs to the branches of the civil authority, took the archdeacons, the urban, and rural Ueans, into a fhare of their jurifdiction, and fitted their titles to, or rather borrowed them from, the diftrict they affigned them ; and that hence it came to pafs, that the archdeacons, whofe courts were to anfwer thofe of the county, had ufually the county for their diftrict, and their titles from the diftrict in which they acted : and the names of rural Ueanries feem to be taken from the hundreds, and were, and generally are, the fame to this day." It is not unlikely. Dr. Inett allows, that the perfonal fervices of the bifhops, as barons, might have fome influ- ^wfJZ'voin ^^^® upon this affair in England. " But whatever effects chap.ra.§xvi. j the laying afide iJtllan litsjops may have had in other i weftern nations, there is no vifible reafon to believe that it had any influence on the Englifh church ; for that church was not founded till the inconvenience of the authority exercifed by the c^oreptscop! was become vifible, and provided againft by the canons of the Chriftian church ; and that office was never received in England till after the Norman conqueft^ ; and then the introducing An Hiftorical / 1 \ a j ¦•-.•> Account of ( ) And yet Bifhop Lloyd of St. Afaph obferves, in his notice of Patrick s, menlte^c!'i"!' converfion of the Irifli nation, his ordination of thirty bifliops, and p. 92. Nennius's Sect. II.] 39eans Mural in lEnglanO.— ^arocj&ial ©lergg. 105 the authority of rural Ueans was fo far from having its beginning from the ceafing of the office of suffragans to Nennius's tale (fee Scriptores xv. p. 113. cap. lix.), whereby they are increafed to three hundred and fixty-five &c., that " perhaps the meaning might be, that befide thofe thirty bifliops which Patrick ordained for the bifhops' fees, he alfo ordained as many guffragan^ as there were rural OeanrieS, in each of which there were eight or nine parifh-priefts, taking one tieanrg with another. If St. Patrick would fo far confult the eafe of the bifliops, or the people's convenience, he might do it without altering the fpecies of the church-government." But on the truth of this tale of St. Patrick, _/ee Dr. Maurice's doubts in hia Defence of Diocefan Epifco pacy in anfwer to Clarkfon, pp. 153, feqq. ; alfo Ledwich's Antiquities of Ireland, pp. 82, 83. and Jamiefon's Account of the Andent Culdees of lona, pp. 335, feqq. And although Holinfhed fays of the office of " the catj&eOrall teane," that it was " a calling not knowne in England before The Defcription the conqueft ;'' yet both the chronicler and the author of the Origines g „ f'i'^'135 are, probably, miftaken. Of the exiftence of the catj&eOral Ijean before the conqueft there can be no doubt. And the following paffage from Mabillon's Benedictine Annals makes the chorepiscopal inftitution more ancient in our ifland than has been generally fuppofed. " Non longe a loco ubiftetit Sancti Petri monafterium extra civitatem Cantuarice, in parte itidem orientali, exftabat vetus Sancti Martini ecclefia, ubi Auguf- tinujs fedem fuam primitus fixer at. Iftic epifcopus, verius cj&orepigcopug, irftitutus fuit, qui vices archiepifcopi abfentis in omnibus gerebat, et monachasfiibi ex majori ecclefia, monachus ipfe, in obfequium ajfiumebat. Idem fiolemnitates in fede metropalitand celebrare falitus, archidiaconi , etiam ajficium agebat, clericos archiepifcopojiihjectos carripiens et emen- dans : cum prior feu OecanuS majoris ecclefice eos, qui in ecclefiis fibi fuhditis degebant, corrigeret." Annates Benedictini, Lib. x. xvi. Tom. i. p. 274. See alfo Acta Benedict, fcecul. vi. Pars 11. p. 656. note (a), from Gervafius Dorobernlenfis in Actis Pontificum, Cantuar. cap. de Egelnotho, and Battely's Cantuaria Sacra, Pars iii. pp. 131, feqq. Ger- vafe fays, that "formerly the archbifhop of Canterbury had a cj&orepigco- \ pu0, who refided in the church of St. Martin without Canterbury, whofe office upon the coming in of Lanfranc was abolifhed, as we hear it was done in all parts of the earth. Decem Scriptor. col, 1650. As Lanfranc 106 ©rigin of tj&e ©ffice. [Part II. diocefan bifhops^, that, in all probability, the general fettlement of arcj^prcsfagters, or rural Ueans, and suffragan bisfiops in England, were ufages derived from the fame original and much of the fame date, and had their be ginning from the feparation of the ecclefiaftical from the civil courts, and the variety of caufes occafioned by the fubtilties of the canonifts, and the prevailing power of the clergy, which drew fo much bufinefs into their hands, as made it impoffible for the bifhops to attend all the parts of the ecclefiaftical jurifdiction. And, though fome advances were made towards this change, in the latter end of the eleventh, and in the beginning of the twelfth century, yet, it feems probable, it was never generally fettled in England, till the latter end of the thirteenth, or the beginning of the fourteenth." " At leaft thus much is evident, that whereas neither the name nor the office of the suffragan bisfiops are to be found in the canons or hiftories of the Englifh church before the conqueft., and but very little of them for above an age after ; from the latter end of the thirteenth and the fourteenth century, down to the Reformation, our hiftories are everywhere full with their names and offices : and there is fcarce a regiftry in any bifliop's office, that does not afford us light enough to afcertain Lanfranc came into England with William I., it is clear, the cj&orepiiSCopal office was of earlier date than the conqueft. Lanfranc refufed to con fecrate any more bifhops of St. Martin on account of their fcandalous poverty. See Brit. Magaz. Vol. ii. p. 345. (') Deans rural exercifed jurifdiction in Normandy before the Duke of Normandy became king of England. See Concilia Rotomagenfis ProvincicB, Part i. Sect. II.] SBeans Mural In ^Englant).— i^arocj&ial ©lergg. 107 the names and the powers of their refpective suffragan bisliops^ and rural Ueans." "But whenever archdeacons and rural Ueans were introduced," he elfewhere adds, "we certainly do not Ejufd.-p.6e. hear much of them till the ufurpations of the bifhops of Rome gave reputation to the canon law, and brought every thing into the confiftory, that either was really, or could be pretended to be, fit for the cognifance of the ! church." With all refpect to Dr. Inett, I fubjoin the fact, that, cc.M.B.em. at the firft adoption of the Uean" rural in Ireland {A.D. h.d.r.v.iy. MCLii.), it is expreffly ftated that he fucceeded the c5or= irishDocuments, episcopus: — the fjillan prelates and fuch as occupied j Meath! ° fmaller fees being removed, the churches, which had i previoufly been the feats of the prelacies, were made the capitals of Ueanries, and arcSprtestS inftituted in them by the bifhop in lieu of cfioreptscopf. In the twelfth century, the fubfcriptions of rural Ueans i to documents are by no means uncommon. Among i the atteftations of fome ancient charters connected with ' the Ueanrg of Craven in Yorkfhire, Dr. Whitaker notices, I ^?!t "/J?™"!,"' ¦^ ' ' p. 481. Edit. 2. (') Dr. Pegge, who diftinguifhes between cj&orepigcopt and bifhops in partibus irfidelium, fays the latter commenced about A.D. mcccxxv, and were inftituted to affift archbifhops and bifhops in large diocefes, and to perform all prelatical duties in exempt monafteries. The diocefan bifhops, either for their own eafe, or becaufe of their neceffary abfence in embaflies, or attendance at court &c., procured them to be confecrated, to refide in their ftead. And the monafteries did the fame, making fome of their own order bifhops by the aid of the Pope, and thereby keeping aloof from the jurifdiction of the diocefan. See A Lft of tlie guffragan MiSJ&opS in England, by the Rev. H. Wharton, in Pegge's Account of Suffragans, pp. 29, feqq. Letter to Du- carel.p.23. Bibl. Topog. Brit. No. xxviii. Strype's Life of Cranmer, p. 36. 108 ©rigin of tj&e ©ffice. [Part II. Hift of Norfolk, Vol.v. See Du ration of Office. Hiftory of Man chefter, Vol. II. eft is p. 381 in the year mclxxxvi, a Uean of Craven who was rector of Arncliffe ; and, about half a century earlier, the fame rural dignity and title, enjoyed by a rector of Kettlewell. A rural Uean of Thetford in Norfolk is recorded by Mr. Blomfield in the year mclxxv.^ But thefe are dates of yefterday, in comparifon with that affigned to the pri mary Uecanal inftitution of the north of England by the Hiftorian of Manchefter : — " Greatly is the learned Bifliop Kennett miftaken," fays the Fellow of Corpus Chrifti College, " in fuppofing the office of the archdeacon to have been lefs ancient than that of the Uean. The one was juft as ancient as the other. As greatly miftaken is he, in his attempt to magnify the antiquity of rural Ueans ; when, unfaithful to his own defign, he dates the commencement of them fome time fubfequent to the reign of Alfred. And his antagonift, Mr. Johnfon, has wandered ftill farther from the truth, in his contrary defign to lower their antiquity, when he reduces it even to the eleventh or twelfth century. The rural Uean : was conftituted at the fame time with the parifh prieft ; and Lancafhire was partitioned into Ueanries very early ; in the feventh century." The latter alTeverations, be it remembered, ftand Ejufd. p. 393. I proofless in the hiftorical references of the antiquarian : I and glad as we fhould be to difcover, there or elfewhere, j evidence of the facts afferted, we cannot but doubt, in (') My antiquarian friend. Dr. Sutton of Norwich, informs me that the earlieft collation of a Oean to Thetford was in the year moccxviii, in the perfon of John Northftrete. Dr. Sutton has examined the books of Inftitution, and finds Blomfield to have been led into error by Martin's i 0iSb. Hftory. There may have been admitted capellanes before, but '. not collated Oeans. 2d Edit. Sect. IL] IBeans Mural in lEnglanl).— ^arocj&ial ©lergg. 109 the abfence of fuch, the exiftence of Ueans rural in Eng land at the period alluded to. The archdeacon, in my humble opinion, claims a higher antiquity here, than the arcjbpresbBter rural. The \ latter appears not till the eleventh, or, at the very \ earlieft, the tenth century, — fuppofing, that is, with : Brewfter, the praefectus episcopt of Edgar to be the Uean cc.M.B.etH. rural. Whereas archdeacons had exiftence long before • " '¦ p- though the fort of jurifdiction they exercifed be proble matical. By the one hundred and feventh canon of \ the Excerptions of Ecgbert (called A.D. dccl.), they are \ charged to fee that prifoners have relaxation on Sundays, i But, this being an Orleans canon {A.D. dl.), and added ¦•. to the Excerpta we know not when, may be objected to as evidence. Not fo the great council of Baccanceld, I under Cynewulf, king of Weffex (.^.Z>. dccxcviii), where \ Ejufd. ¦p.\62. an archdeacon (Wilfredus) is the laft of the fubfcribers. ! Mr. Somner notices feven archdeacons of Canterbury in \Antiq.ofCant. the ninth century : and, from the Laws of the Northum- i cv.M.B^etk. hrian priejis, it is evident that the office was then '^''¦''¦^'^' {A.D. dccccl) one of importance ; during the whole of which period we have no traces of the rural Uean's ex- \ iftence in our ifland. On the continent, it is true, in the Gallican church, there are much earlier notices than with us : but no where, I believe, antecedent to archdeacons. See Bing ham's Ecclef Antiq. B. ii. c. xxi. ; Atterbury's Rights and Powers &c. pp. 321, 322. ; and Brett's Church Govern ment and Govemours, cap. ix. pp. 180, feqq. ; and, on the other fide of the queftion, whereby the antiquity of the archidiaconal jurifdiction is reduced below the conqueft, fee Nicholfon's 'Preface to the Scottijh Hifiorical Library, SS.CC.Tom.vi. col. 539. A.D. DLXVII. no ©rigin of tj&e ©ffice. [Part II, Scottish Hifio rical Library, in Preface, p. xxn. Ecclef Cafes, Vol. I. p. 146. pp. XXI, feqq., who doubts the authenticity of the figna ture of Wilfrid above referred to, and affirms the North umbrian canons to be "younger than they feem to be, and borrowed from abroad ; being only dreffed up {a la mode d'Anglois) with Saxon penalties and mulcts." The learned archdeacon of Carlifle is decidedly oppofed to Atterbury's ftatements in his Rights and Powers &c., and roundly afferts, " that no archdeacon ever exercifed ! any jurifdiction in England till fome time after the con- j queft ; that is, till the canon-law was eftablifhed here : " — in which opinion, he is fupported by Bifliop Stilling fleet. But the antiquity of this office is not the object ; of our inquiry : let it suffice that, in the opinion of the beft ecclefiaftical antiquaries, it was a creation of the third century of the Chriftian Church. See Bingham O. E. ubi supra. Bifliop Gibfon's Codex I. E. A. Vol. ii. Tit. XLII. cap. VIII. p. 969, of Archdeacons, and Mr. Nelfon's Companion for the Fejiivals and Fajis, p. 387. florae Siecanicae i^urales* PART III. ®fie lElection anU Institution of i@eans aaural. Ill SECTION I. The Right of Election. E proceed to a moft important divifion of our fubject — the authority by which rural Ueans are conftituted in the church — to whom do they owe their primary inftitution ? — Upon this queftion their titular diftinctions in ancient councils, capitularies &c., will throw fome light, as far as the ufage of the Weftern church is concerned ; while, in refpect of the Eaft, it has been again and again ftated, that the inftitution to the primary cjborepiscopal, and to the fe condary perioUeutal offices, was exclufively vefted in the diocefan bifhop. The clboreptscopi, at firft, and the perto= Ueutac, afterwards, were appointed by the prelates to whom they were ancillary — the latter deputies being the Ueans rural of the Eaftern church. Nor did the cafe, effentially, differ in the Weft. Sharers, from their firft eftablilhment, in the adminiftration of ecclefiaftic jurif diction and difcipline, their names in the Latin church point out their minifterial relation to the bifhop, as the perfon from whom their delegated powers originally emanated. See Priaulx's Brief Account &c. p. 2. Beveregii Sy nodic. Tom. II. Annot. p. 198. Ad Can. Lao dicen. I.VIT. 112 SS.CC.Tom.is.. col. 695. 826. Wilkins LL. Anglo. Sax. et Civ. p. 197. CC. M. B. et H. Vol. I. p. 506. ^Election anO Institution. [Part III. Southey's Book of the Cliurch, Vol. I.e. VI. p. 84. Dr. Field o/iAe CAwrcft, Booke V. S5.CC. Tom.vi. col. 536. ' On meeting with the defignations — " Epifcoporum j minifierii adjutores" (capit. iii. Ludov. Pii, J.D. dcccxxviii.) — "Epifcoporum minijiri" (Concil. Aquifgran. ii. c. iv. ^.Z). dcccxxxvi.) — " Minifter f " Sacerdos f " iSecanus Epi fcopi " {LL. Edward. A.D. mlii.) — " Bccani ve^arcfitpresisT teri ad agendas vices epifcoporum" (Concil. Turon. can.vii. ^.D. mclxiii.) — "3Becant conjiituti fub epifcopis" (Concil. Londin. A.D. mcc) &c. &c., in reference to rural Ueans or arcSprtests, we cannot hefitate to connect their appoint- I ment and employment with the bifhop. Still it appears, from the earlieft records of the office that have come down to us, in the Weft, that thefe functionaries were originally chofen by their own clergy, fubject to the bifhop's approval, and were only indebted to the latter for their confirmation — an act which he might execute or not, at his own pleafure. And when their inftitution had been ratified by the diocefan, they could not fubfe- i quently be difplaced by him, according to the feventh canon of the fecond council of Tours {A.D. dlxvii.), without the joint confent of the electors. Such, at leaft, is the Dean of Gloucefter's interpretation of the canon, " Ut epifcopus nee abhatem, nee arcfitpresligterum,^?^^ omnium \fuorum compresbyterorum et abbatum conjilio, de loco fuo prcsfumat ejicere, neque per prcemia alium ordinare, nifi facto concilio tam abbatum quam presbyterorum fuorum, quem culpa aut negligentia ejidt, dim omnium presbyterorum con- Jilio refutetur ; " and he extends it to our rural functio naries. See alfo can. xi. {ex fynod. incerti loci A.D. dcxvi.) S/S. (7(7. Tom .VL col. 1395.1 (') This canon alfo inhibits the appointment of arcj&priegtS per prcemia (fimoniacally) both fpiritual and laical : — for fometimes it feems the latter were Sect. I.] Migj&t of lElection. 13 How long fuch a power of electing and continuing arcfipriests in office remained with vican or rural pres byters is unknown; — probably, for no long period: though the privilege of recommending to the bifliop, and, in fome places, even of nominating perfons eligible to the duty, has been permanently exercifed by them. Be that, however, as it may, it is quite clear, on the authority of Ifidore, that about the year dcxxxiii of Chrift the arcJbtpresftBteral office of the countrg was elec tive; the electors being, by delegation, the archdeacon, clergy, and people : " Si in pulebibus arcJbtprcsliBtEri ohi- erint, aut fro aliquo reatu exinde ejecti fuerint, archidia conus {fpedali auctoritate epifcopi — niJi hoc habeat de confuetudine prcefcriptd, gloff.) quanta odiis proficifcatur illiic, et cum clerids, et populis (al. presbyteris, in marg.) ipjius plebis electionem fadat ; quatenHs dignus pajior domui DEI confiituatur; et dum o^-dinatur, ejus providentid ipfa plebs cujiodiatur." And the fame may be inferred from were inftituted: — " Ut abbates, vel arcj&tpregftgtert, abfque culpa de eccle- fiaftico minfterio removeri non debeant : nee per prcemia nullus abbas vel arcj&ipreshgter panantur. Quod fi quis facere prcefunfipferit, com munione privetur. Nee fcBCulares arcj&ipreSbgteri po/zaw^Mr. Forfitanfi talis fuerit, quem pro merito perfonce infolatium ecclefice pontifex necef- farium effe judicet, ut fine ejus defenfione paroeciani illi fe defenfare nan pojfint." But laical arcj&pregfigterS are forbidden by the nineteenth canon of the council of Rheims before cited (A.D. dgxxx.) — " Ut in parochiis nullus laicorum arcj&ipresJ^Ster prceponatur : fed qui fenior in ipfii effe debet, clericus ordinetur." And fee alfo can. xvi. (ne OecanatuS tnxa\e& pro pretio canferantur) of the Council of Rouen (A.D. mccxiv.) — " Inhibemus ne OecanatUg ruraleg ad tempus vel in perpetuum pro pecunid vel aliquo pretio canferantur alicui, ficutftatutum eft in conci- liis Lateranenfii et Turonenfi : eos qui contra hoc venerint decernentes, prceter poenas in condliis comprehenfias, juxta prceJatorum arbitrium, gravi poena puniendos." And can. xxiv. (A.D. mccxxxi.) VOL. I. I Decret. P. I. Dift. LXIII. c.xx. SS.CC.Tom.vi.col. 1395. SS.CC.Tom.vi. col.1435. Concilia Roto magenfis Pro vindce, Part I. p. 113. p. 136. 114 lElection anO Sngtitution. [Part III. SS col. CC. Tom. IX. 1164. the council of C!isalpine bifhops, held for the fettlement of ecclefiaftical difcipline, at Pavia (.^.D. dccclv.) ; which admits the people as co-electors — (unlefs " electionis confortium" mean no more than the prefence of the people for fufFrage of public teftimony, and not of formal choice) — and, like the council of Tours before cited, difallows the difplacement of arcl&prtests by the bifhop, after inftitution, except for criminality, or ill-ufage of the churches under their adminiftration — a curious exemplification of which is afforded in the conclufion of the following extract : " Sane removenda quorundam laicorum procadtas, qui hoc folo ohtentu, quod ad electionis confortium admittuntur, arcfiipresbgteris fuis dominari prce- fumunt: et quos tanquam patres venerari debuerunt, velut fubditos contemnunt. Hi igitur intra proprii juris termims funt redigendi, et fi extraordinariam dominationem in ec clefiis exercere prcefumpferint, regia funt difciplina coercendi. Ipfi verb qui ad gubernandas plebes legitime provecti funt, nullatenHs a fuis epifcopis repellantur, nifi aut in alicujus criminis reatum inciderint, aut eafdem plebes maU tracta- verint. lollenda eJi enim prava omnino confuetudo, quce in quibufdam locis oriri ccepit : quia nonnulli arcjbipresligtert vd aliorum titulorum cujiodes, fruges, vel aliarum ecclejiarum reditus, ad proprias domos abducunt. Quidam vero aliorum pojfejfiones conducunt, ut in eis quce ab ecclefiis fuis maU fubtraxerunt recondant, &c." Such authority of election, exercifed by thefe parties, was, probably in all cafes, by fpecial permiffion of the bifhop ; as it is, wherefoever prevalent with the clergy of the prefent day ; the diocefan poflTeffing a clear nega tive on the election in the privilege of confirming or fuperfeding it. And to the fame conceffion, originally, Sect. I.] Migj&t of lElection. 115 may be affigned the elective character of the urban or catfieUral Uean; who, at his firft inftitution, was nomi nated out of the college of presbyters by the bifliop alone, as his vicarious fuperintendent in the epifcopal church; but fubfequently became independent of the bifhop, as far as election went, and only beholden to him for a ratification of the chapter's nomination. By which early grant, the urban arcjbpriest's appointment was loft in perpetuity to the diocefan : — not fo, however, the Uean rural's ; which, if at any time furrendered to an inferior conftituency, was generally again recovered at the will, and exercifed at the difcretion, of the bifhop, with or without archidiaconal, clerical, and popular interference, at his perfonal choice, he having de jure "thefolejhip of election;" although, in modern days, we have heard of archdeacons prefcribing (?) againft their bifhop in the exercife of this branch of his authority. Of the parochial laity, as joint electors, we hear nothing after this date ; nor is it probable that fuch a power, feeing, in the fore-cited Pavian council, the abufe to which it was liable, was long entrufted to their hands. But archdeacons, having grown up to a permanent participation of other epifcopal duties, feem^ to have continued thence forward {viz. from the days of Ifidore) fharers alfo — by fufferance, I fliould fay, rather than right of office (for how could any archdeacon prefcribe againft his bifliop ?) — in the appointment of rural Ueans in many diocefes. For which intervention, more or lefs at all times dependent on cuftom, an early fanction is alleged in the thirteenth canon of Hincmar's Capitula, addreffed to his archdeacons Guntar and Odelhard, {A.D. DcccLxxviii.) ; wherein the archbifhop enjoins the i2 Gibfon's Codex LE. A. Vol.u. Tit. XLII. cap. VIII. p. 971. 116 lElection anO Bngtitution. [Part III. col. 25. Arnulphi Lexo- vienfls Epifcopi, Epift. XXVII. I latter officers to proceed to the election of Ueans with I due confideration, and to conftitute them conditionally '¦ in cafe of his abfence, — referving to himfelf the power of I confirmation or deprivation, as he might deem expedient, Hincmari Opera, pn beius made acquainted with their choice. " Si Uecanus Tcm.I. p. 738. ~ , n SS cc. Tom. s.. i^ mini/ierio vejirof fays he, "aut negligens, aut inutilis ! et incorrigibilis fuerit, vel aliquis eorum obierit, non incon- Jiderate Uccanutn eligite. EtJi ego in propinquo fum, ad me illam electionem referte. Etfi ego in longinquo fum, Uecanum ilium qui electus eJi interim conjiituite, donee ad meam noti- tiam electio ilia referatur, ut med conjiitutione aut confir- metur, aut immutetur." A letter of Arnulph, bifhop of Lifieux, gives the arch deacon the right of prefenting the arcj&prttst to the I bifliop, who had the power of refufing him inftitution, if ! he thought him unworthy of the office : but, at the fame I time, he could not proceed, againft the will of the arch- ' deacon, to a fecond inftitution ; " dim ei in archidiaconatu fuo alius quodammodo archidiaconus annafcatur." Nor was the bifhop's refervation of a veto upon the election lefs marked, in cafes where the clergy enjoyed, ! by cuftom or conftitution, a delegated power of choice. ; Witnefs in the church of Ferrara : where, though the " conjiitutiones " of the "parochi " of that ftate, con firmed by the bifhop {A.D. mcclxxviii.), give to the fubject " ca2)ellani" oi the "parochia" the privilege of ; electing their own arcfit'presbgter, or, as he is denominated ! in the glofs of Muratori, "caput congregationts parocjiorutn," (provided, that is, they made their choice within fifteen days from the date of a vacancy by death) ; yet the ftatutes referve to the diocefan a veto on prefentation. And, fuppofing the parochial incumbents, here called /I nUquitates Medii JEvi, Tom. VI. col. 436. 410. Sect. I.] Migj&t of lElection. 117 capellanes, not to comply with the inftructions paffed "pro fuce congregationis regiminef in this particular, the elective capacity devolved on the bifhop — " quum arclbtpresbpter viam carnis ingrejfus fuerit univerfce, capel- lani infra quindedm dies proximos futures arcj&ipresbgteri electionem facere teneantur, ipfam electionem confirmandam \ aut infirmandam nofiro domino Ferrarienfi epifcopo prce- fentantes : aUoquin prcefata electio ad ipfum dominum epi fcopum devolvat." So great, however, was the afcendency and influence : which archdeacons had attained in thefe appointments ' in the twelfth century, and fo fubordinate the Uecanal to the archidiaconal functions, that in a canon of the great Lateran council {A.D. mclxxix.) under Alexander III., ; regulative of the vifitatorial expenfes of rural Ueans and higher dignitaries, the former are fpecifically denomi nated, from their fubjection, " Uecant conjiituti fub archi- \ diaconis :" — which fubjection is repeated and made ab folute by the decretal epijile of Pope Innocent III. {A.D. \ mccxiv.) — "^rcfitpresbpteri, qui a pluribus Uecani nuncu pantur, (that is, rural Ueans, /or Ueans of cat^eUral cjburcfies were never fubject to archdeacons — Dr. Brett) archidia coni^ jurifdictioni fe noverint fubjacere : and, yet farther. (') " Statuiinus et prcecipimus quod omnes presbyteri et Oecani rurales obediant archidiaconis fuis in omnibus ileitis et honeftls, earum jura et noftra obfervent et fadant obfervari. xiv. i. - Statuta fynodalia ecclefiicB Leodienfis," A.D. mcclxxxvii. " Ordinatio vicarice de Pyryton cujus eccl'ia appropriatur abbatice de Tewkesbury, mccccl. — Item dictus vicarius et fuccejfbres fui invenient et exhibebunt unum Ijecanum ruralem ad deferviend. Ordinariis loci in Oecanatu de Powlett quotiens hujujmodi anus ad dictam eccl'iam juxta confuetudinem d'cti Oecanatus evenire contigeret." Meg. 329iell. SS cc. Tom. xiir. col. 419. can. IV. Decret. Gregor. IX. L. I. Tit. XXIII. vn. Accouni of Church Go vernment, &c. cap. VIII. p. 183. SS. CC. Tom. XIV. col. 1134. W. K. ^li. ?fbb. Par. Antiq.'Y. II. p. 351. 118 lElection ant) JFnStitution. [Part III. Whitaker's H^ift. of Manchefter, Vol. II. B. II. c. IX. § III. p. 383. Provinciale, L. II. T. I. L. I. Tit. ir. gl. V. 6ccono§ tu- rakS.L. III. T. XXII. g^.w.bccanomm. L.I. T'll.ii. gl.v. eorum vices. L.II. T.I. g/. in V. bccano6. Conft. Dom. Oihon. de vn. Sacram. gl. in v. bccanotuum fuorum, f.W. confirmed by the reply to the queftion, " Utrum Uecani rurales, qui pro tempore Jiatuuntur, ad mandatum tuum folum, vel archidiaconi, vel etiam utriufque, infiitui debeant vel dejiitui, Ji fuerint amovendi"? — To which the papal anfwer is: — "Ad hoc breviter refpondemus, quod cum ah omnibus, quod omnes tangit, approbari debeat; et cum com mune eorum (i.e. of the bifhop and archdeacon) Uecanus qfidum exerceat; communiter eJi eligendus, vel etiam amo- vendus." Though equally an ordinary, equally a prelate, with the archdeacon and bifhop, the Uean rural of England, as well as the continent, was fubordinate and minifterial to both — being early and repeatedly called the Uean of the archdeacon and bifhop. Wherefore the doctrine of the Roman refcript is transferred by the bifliop of St. David's to his Provinciale : " Didt Innocentius," obferves Lynd wood in his commentary in v. Uecant rurales, " quod funt perfonce habentes qucedam ofiicia community fpectantia ad epifcopum et archidiaconum, et ideo community eorum re- ceptio et amotio pertinet ad utrumque : " — in another place he calls them "Uecani temporales ad aliquod minijierium fub epifcopo vel archidiacono (al. archiepifcopo) exercendum conjiituti:" — ^in a third, " qui fub archidiacono quandoque certum minijierium habent:" — in a fourth, "vicarii epi fcoporum et archidiaconorum (al. archiepifcoporum) :"— in a fifth, " minijiri tam epifcoporum, quod archidiaconorum, {non tamen aliorum ordinariorum)." And to the fame pur pofe fpeaks the gloffary of John de Athon on the Lega- tine conjiitutions of Otho : — " iBecanatus rurales, et per confequens Uccant ibi, prcefecti funt ipforum archidiaconcmim; fed certefalvd confuetudine locorum tam prcefid debent Uecant tales, quam etiam, amoveri, per epifcopum et per archidia- Sect. I.] Migjt of lElection. 119 conum Jimul de jure ;" — where, fays Gibfon, the claufe, "falvd confuetudine locorum f explains the glofs (f fecundum confuetudinem lod ') on the word " communiter f in the fore going conjiitution of Innocent III. See ^umma ^ilbestrina, P. I. de Archidiacono. 9. fol. xxxviii. and Hoftienfis de Offic. Archidyaconi, Tom. i. fol. cxvi. The latter of which com mentators feems to have correctly interpreted the text as oi local and not _^eneraZ application — "fecundum confuetu dinem Frandce^ — in aliquibus ecclefiis confiituuntur tales Uecanf per epifcopum et arcliidyaconum communiter ad qucedam officia eis communiter exercenda : nee injiituuntur in aliqua ecclejid nee confirmantur : immo quafi minijteriales et ofijidales funt utriufque, et pro magna parte non confiitu untur perpetuo, fed ad tempus. Ubi ergo talis vel Jimilis non efi confuetudo, hoc quod ibi dicitur non vendicat Jihi locum." Nor does Atterbury's interpretation of the canon law in reference to Englifh ufage differ from that of the Cardinal, Lyndwood, Gibfon, and others. Ever fince the firft-cited letter from the Roman fee, the bifhop of Rochefter affirms, the archdeacon's authority has inter vened, with that of the bifhop, (as in the diocefe of Exeter,) towards appointing Ueans rural ; except where, by grant, compofition, or cuftom immemorial, things have been otherwife ordered; as the cafe was in the diocefe of Canterbury, where, thirteen years after the date of this refcript, a fpecial grant was made to the Codex I. E. A. Vol. II. Tit. XLII. cap.VIiI. p. 971. Hoftienfis /7fjoer primo decretal. Tom.I. fol. CXVI. col. 3. & Panor- , mitan. Tom. Ti. p. 70. Vifitation ' Charge to the Clergy of Tot- ; nefs, MDCCVIII. (') " De droit cammun," fays Les Loix Ecclefiaftiques de France, " les 3iogeng Muraur dependent de I'archidiacre et de I'eveque, qui daivent les elire et les depofer conjaintement ; (mais il y a des diocefies ou I'eveque '.V- 73. nommefeul les Siojiens Muraui; d'autres ou iis font eius par les cures du Hogenne, qui les prefintent a I'eveque)." Analyfe des De- cretales, Titre XXIII. Parti. 120 lElection anO Insititution. [Part III. Somner's Anti quities of Can terbury, P. I. Appendix, No. i.x. p. 66. No. IIX. p. 65. See Appendix to Supplement, Part II. p. 60. Brett's Account of Church Go vernment and Govemours, ex. p. 188. T. D. Whitaker's Richmondjhire, Vol. I. p. 34. OTS. Scbgci; 35oofe SiCCcS. SKcfli$t. gcStr. p.l. archdeacon of the injiitution and dejiitution of rural Ueans by Stephen Langton, the archbifliop, in the following words — previoufly revoking his own official's appoint ment of them ex confuetudine — . . . . " Statuimus ut archidiaconi Cant, qui pro tempore fuerint Uecanos conjii- tuant, et amoveant pro fuce voluntatis arbitrio, proilt meliils viderint expedire in Dioc. memoratd, et fibi refpondeant Jicilt decet, dim ahfurdum Jit, ut alius eos conjiituat quam is qui eis debeat prceejje, et cui refpondere tenentur, prcefertim cum ipfis (Uecanfs) referentibus, corrigere debent {archidia coni) cceterwum errata." And in a perfonal grant to Archdeacon Hubert by Archbifliop Wethershead (fur- named Le Grand), two years afterwards, the " irjiitu^ tiones et dejiitutiones Uecanorum " are continued ; but with the faving claufe, " prcehabito confilio nojiro." The arch deacon of Canterbury had not loft this privilege in the latter end of the feventeenth century; — for it is faid, that when Archbifliop Sancroft would have nominated rural Ueans in his diocefe, he was oppofed by his arch deacon, Parker. Again, before the foundation of the fee of Chefter, the archdeacons of Richmond and Chefter^ (while their jurifdiction was fo prepofteroufly extenflve as it was — each indeed having an unlimited ordinary jurifdiction in his own archdeaconry) could appoint their vice-arch deacons and rural Ueans at pleafure, and remove them (') On the extinction of the two jurifdictions, the endowments which had been attached to them from the twelfth century were transferred to the epifcopal fee, with this provifo, that there fliould ftill continue two titular archdeacons, with yearly ftipends of 50/. each, out of the old revenues. Sect. I.] Miglit of lElection. 121 without rendering a reafon. And to fhew the irrefpon- fible power of the archdeacons within their archdea conries, the rural Ueans conftituted by them could not be called upon to attend the archbifliop's courts, nor could aids be impofed, nor a church, nor clerk be fuf- pended by the metropolitan within their limits. This is particularly recorded in the olU Hfcger or 'Foucjbicr of the archdeaconry of Richmond, in reference to that archdeacon : — " Item archinus ponet fud auctoritate vice archin et Uecanos in fuo arciiinatu quofcunque voluerit et amovebit et deponet eos fine omni contradictione. Prceterea verb vice-archinus et Uecani non tenentur venire ad placita archiepifcopi nifi fponte voluerint, &c." {Ex tranfcripto Vet. Libr. vocati tfie olU Hetger or VfiVi.t\)m &c.) And the fame obtained with regard to the archdeacon of Chefter. But in Ireland, two years after the promulgation of the fore-cited papal epiftle of Innocent III., we find the bifhop of Meath ftill retaining, and enforcing, the exclu- five right of nomination to rural arcJbipcesbBterates ; "va cante per mortem, aut alio quovis modo arrfitpresbBteratus ojfido, eligendus efi per nos, aut fucceff ores nojiros fuccejjor, quia jurifdictionem fuam a nobis haurit." In the diocefe of Melun {A.D. mcci.). Innocent III. continued to the bifliop the inftitution and deftitution of Ueans=rural, inde pendent of archidiaconal interference, though the ruling deacons formally laid claim to it, " afferentes quod, eis inconfultis, non licet aliquem injtituere in Uecanum:" while the bifhop of Melun affirmed, on the other hand, that the appointment and removal of thefe officers, through out the diocefe of Melun, had ever been granted by the papal fee to his predeceffors. The difpute ran high; fiiOoitntcS ai'rt)i= blaconotiiS 95icf)= iiionbioc, MCC. 9Ji6. per.es Re- giftr-. diocef. Ceftr. cc.M.B.etH. Vol. I. p. 547. PraclaraEeclef.Difciplin. Mo nument, ad cal cem Theodori Pcenitential. pp.720,721.£a; Chartulario Ecclefme Mel- denjis. 122 lElection anti Institution. [Part IlL SS.CC. Tom. XIV. col. 270. can. X. Harris's tVare^s Works, Vol. I. p. 290. Ex Re- gi/lr. Swain. Tom. I. p. 279. SS. CC. Tom. XXI. col. 43. Thomaffin. V.etN.E.D. T.ir. P. II. L. III. c. 76. Conft. et De cret. Synod. Sa- lisburg. Con. XXV. cap. IV. pp. 121,1122. and the parties having affembled at the cathedral of Melun, for the fake of fettling it, the pope decreed, with ' the confent of the bifhop and archdeacons, "pro bono ! pads," " quod rurales Uecanos Meldenfts epifcopus, archidia- 1 conis inconfultis, poJfit eligere,' injiituere, et mutare, falvd tamen fideUtate quam de confervando jure archidiaconorum confueverunt prcejiare." Ufage always ruled the point. In the diocefe of Poictiers {A.D. mcclxxx.), Bifhop Walter : inhibits the retirement of Ueans rural from office without his permiffion ; and therefore we may infer that he ap pointed them: — "Inhibemus arcjitpresbBtcris et Uecanfs, ne recedant abfque licentia nojird : et injungimus eifdem, quod antequam recedant, fcribant et nobis referant excejfus factos \ contra jurifdictionem ecclefiajiicam." In Ireland, again, i {A.D. Mccccxxx.) during the vacancy of the fee of Derry, Archbifhop Swain being guardian of the fame for the time being, conferred on Donat 0-Kerulan, one of his fub-guardians, the rural Ueanrg of Magthya, in the diocefe of Derry, to continue during pleafure. And, at a much later period, in Italy itfelf, (between the two oppofite precedents of Innocent III. quoted from the canon law, refcript againft refcript,) Borromeo, the celebrated arch bifliop of Milan, appropriated to himfelf the right of elec tion, on the occafion of eftablifliing among his parocMal clergy the fpiritual fupervifors termed titcartt foranei; whom he made amenable to himfelf alone, and amotive at his will and pleafure : — " Hi bicarit voluntate epifcopi ab ofiUdo amoveri femper pojjint ; acfi male id adminijira- verint, poenas dent ejufdem epifcopi judicio." Such was their conftitution, too, in the archdiocefe of Salisburg {A.D. mdlxix.) — " iRurales Uecant dfuis epifcopis confecuti cum authoritate ofiidum et dignitatem, tales fe Sect. I.] Migljt of ^Election. 123 reddant, ut conceptce de ipfis expectationi, et fuo muneri, ac fuorum epifcoporum fatisfaciant voluntati &c." And in our own country, about the fame date, the arch deacon was entirely deprived of all participation in the appointment, unlefs perchance he happened to be the i ordinary (which alone the bifhop was de jure), when' he was capacitated to appoint. It was not to be fup pofed that our Reformers would have much refpect for ; papal edicts upon this or any other branch of polity ; I and accordingly, we find, that it was decreed by the compilers of the projected Reformatio Legum Ecclefiaf ticarum to this effect: "J9ecanatus quilibet arcjbtpres- DeEcciefwet bgterum rusttcanum habeat, vel ab epifcopo vel ecclefice nimumqfeoffi- ordinario prcefidendum." But in the following chapter , clp'.v^f p.' 9*6. " De Archidiaconis," thefe fuperior officers are enjoined i to fee that the arcftpresbpters duly performed their ^ functions. In the provincial council of Cologne, under Arch bifhop Herman {A.D. mdxxxvi.), p7-o reformatione clerico rum et cceremoniarum ecclejice, the twentieth canon gives to the archdeacons the fole power of election and ad- ' miffion : — "Archidiaconis no/iris incumbit, ne ullos inido- s^- c<^- Tom. „ . , ^ , , ,. , . i XIX- <:ol.l293. neos ojficiales aut Uecanos rurales deligant aut admittant, fed ad has functiones viros tantum ajfumant, cum doctrind prcejiantes, tum vitce innocentis inculpatceque, qui nullius criminis labe notabiles, officium fuum irreprehenfihiliter exe- quantur." While, on the other hand, in direct variance therewith, the council of Malines {A. D. mdlxx.) enacts, cap. III. {De Becanis ©Sristtanttum) : — "^rcfiipresbBteri ss.ccTom. rurales m fingulis dioecefibus pro difcretione epifcoporum qfjumantur, qui pojfint pajioribus vita, confilio, et exemplo prodejfe; et non pluribus prcefidantur ecclefiis, quam pojjint Synod. Prov. Mech. p. 43. 124 ^Election anO Institution. [Part hi. Tit.vi. c.i. commode regere ; ac font arbitrio epifcoporum amovibiles." But the caufe of this exclufive jurifdiction being vefted in the bifliop may be, as fuggefted by Van Efpen, that the entire archidiaconal power had in Belgium merged \ in the epifcopal. To the latter learned canonift we are indebted for ¦ the farther ufages of the Belgian churches in reference to the appointment and conftitution of this truft : — It^ci'jjZ:'?! ' " ^^- Moribus Belgii pafsim obtinuit, ut non tantHm epi- v-29. fcopi foli pro fuo arbitrio Uecanos rurales conjiituant, fed infuper libertas eis fit, quemcunque e presbyteris, quem huic ¦ offido maxime judicant convenire, eligere ; nee folet ojfidum arcfitpresbstEratus ulli determinatce parochice aut dignitati, vel beneficio effe annexum." "¦ Similiter in potejiate epifcopi eJi, dijirictum Uecanorum vel extendere, vel limitare; imo et unam Uecaniam /'w ; dijirictum arcfiipresbgttratils in plures dividere ; aut plures : in unum conflare" " V. Functiones quoque et potejtas Uecanorum d commif- Jione feu injiructione, quam ah epifcopis accipiunt, unice I dependent: unde in litteris, quibus arcf)tpresbgter ruralis I conjiituitur, inferi confuevit hcec claufula : arcjbt'presbgterum I dijirictus N. te nominamus et deputamus cum facultatibus 1 hujufmodi arcbtpresbgterts concedi folitis ac confuetis juxta ! injiructiones datas." su-jfe's Annals, But to rctum to our owu COUU try : — In the year mdlxii, among the eccleflaftical regulations then in tended, one was, " That in every Ueanrg in the country, there may be conftituted by the bifliop, one grave and difcreet prieft, to be arcfitpresbgter or Uecanus ruralis." Which act of conftituting, by the canons of mdlxxi. {Liber canonum &c. de archidiaconis), fuppofes the previous cc.M.B.etH. Vol. IV. p. 264. Sect. I.] Migljt of lElection. 125 recommendation of the archdeacon^; "peractd vifitatione, archidiaconus fignificabit epifcopo, quos invenerit in quo que Uecanatu ed doctrind et judicio prceditos, ut digni fint, qui"^ pro condone doceant populum, ('for preachers in thofe days were rare ' — Gibfon,) et preefint aliis. Ex illis epifcopus potefi delectum facere, quos velit effe Uecanos rurales." To the bifliop the fame power of nomination is con tinued by the fifth canon of His Majesty's Declaration concerning Ecclefiajiical Affairs {A.D. mdclx.) : — " IXural Sparrow's Col lection of Ar ticles &c. (') May I notice, at this point, a, formula of the Romlfli Church in England, of the time of Charles the Firft, by which, Richard Smith, bUhop of Chalcedon, appoints his archdeacon, and gives him the power of electing his own OeanS rural? — The original document Is ftated to be in St. Gregory's feminary at Paris, by the author of The Cliurch HJtory of England (Dodd, I believe), whence I tranfcribe the following extract : — " Quo vera clerus, et populus tud follicitudine, curd, ac diligen tid, in via virtutis incedat, et bonorum operum fructus ubique profe- m,ines, volutnus ut totum diftriclum tuumfemel faltem in fingulis annis in propria perfand vifites ; et duos vel plures presbyteros, viros idoneos, atque integrce et probatm vitce, in prcsdicto dijlrictu tuo, eligas, qui mu nus Decanorum ruralium obeant in locis intra dijirictum tuum a te prcB- ttituendis, prcefloque fint rationem tibi continuo reddere de moribus pres byterorum, et prcedictarum perfonarum Idicarum intra tertninos tui diftrictus degentium, feu commorantium. Quorum virorum, ita a te electarum, namina ad nos dejlinabis, ut, literarum nafirarum vigore approbatianem, et conjirmationem confequantur &c." Part vi. char. i. Book HI. art. iv. Records afthe Clergy, p. 152. C) In the diocefe of Winchefter, the Oean rural, annually elected upon the old foundation, preaches two vifitation fermons during his year of office ; and the fame cuftom obtained in the days of Atterbury (archdeacon of Totnefs mdccviii.), and ftill obtains, in the diocefe of Exeter : — probably, in both cafes, founded on this canon, which was interpreted as referring to Vifitation fermons. cc.M.B.etH. Vol. IV. p. 562. See H. D. R. Vol.IT.Appendix.Part. II. Sect. III. Diocefe of Lon don. & a Letter figned C. D. S. in the Roman- Catholic Maga zine for Auguft 1835. Atterbury's Ar- chidiaconal Charge, MDCCVIII. 126 lElection anOlnstitution. [Part III. Ueans, as heretofore, to be nominated by the bifliop of j the diocefe." While in the diocefe of Kilmore, during Burnet's Life of, thc epifcopato of the primitive Bifhop Bedell, the old Bedell, ^.\H. „ „ cuftom, of the clergy electing their own Ueans, returned : vS' ^' '^' ssf ' — " ^* fecundum prijiinam et antiquam hujus dicecefeos I Kilmorenfis conjiitutionem, in tribus ejus regionibus tres \ tittanifint, ab ipfis minijtris ejujdem Uecanatus eligendi, qui vitam et mores cleri jugi circumfpectione cujiodiant, et ad epifcopum referant, ejufque mandata accipiant, et, quoties opus erit, per apparitorem Uecanatus ad compresbyteros fuos tranfmittant." voiw^'m' ^¦'^ "^'^^ Proceedings in Convocation about iRural 3i9£ans {A.D. MDCCX.), the Upper Houfe feems to have been unwilling to admit the doctrine of Innocent's refcript, : fo often alluded to, but rather inclined to reftore to ' the diftrict clergy the priftine capacity of electing their own Ueans, fubject to epifcopal fanction alone. " That i the clergy of every Ueanrg, or the greater part of them, fhall chufe a perfon qualified " {i e. " beneficed within the Ueanrg, as rector, vicar, or perpetual curate, refident upon his benefice or cure, of the elder and graver fort of the clergy, and a graduate in one of the two uni- verfities within this province " ....)...." who fhall be prefented by the archdeacon or other ordinary to i the bifliop for his approbation ; and when approved, ' fliall be appointed by the bifliop under his hand to exe cute the faid office for the term of three years, unless I caufe fliould appear to the bifliop for altering the faid term." The latter part of this projected canon was pertlna cioufly refifted by the Lower Houfe, in their eagernefs to advance the privileges of their own members, by Sect. I.] 3&ig!)t of lElection. 127 invefting archdeacons with the joint-power of difmiffing, as well as appointing, Ueans rural, according to the papal i decree, and the gloffes of John de Athon and Lyndwood on the legatine and provincial confiitutions : — or, at leaft, they would have carried, as an indifpenfable amendment, that the archdeacon's confent fliould be firft obtained, before the bifhop proceeded to the authoritative act of difplacement. On the continent, ten years after this convocational i war about the rurt=Uecanal conftitution in England, the i council of Reuffen ilTued the decree following, without ' noticing in whom the right of electing rural protopres- i bgters lay; but appointing them paftors of the paftors of | their Ueanries, and correctors of facerdotal faults and fail- \ ings, perfonally or by delation to the bifhop, as the head \ of their jurifdiction. "Quoniam protoprtsbgtcrorum (tittB.-\ condUum ru- norum ruralium) officium gravius efi, quam exifiimatur : \ mdccxx.) monet fancta fynodus, ut ii tantum affiimantur, qui selo, ^g^'f^'Jl^^^f pietate, doctrind, et eruditione cceteris prceluceant, ex fcecu- \ ^oi. 353. laribusfi idonei inter eos fuerint; fin minus ex regularibus. Ipfi vero fecum cogitent, fe effe confiitutos pafiorum fui j difirictus pafiores, eaque de causa, nifi ipforum defectus cor- 1 rigant, vel ad epifcopum deferant, fuoque ojfido accurate fun- ! gantur, cceterorum animas de ipforum etiam manibus requi- rendas eJfe." As to Uecanal appointments in modern days, the fame conjuetudo locorum, as we have above referred to, has much influence over them. There is no general rule of election and inftitution. Every diocefe adheres to its own cuftoms. In fome places, the mandate of election somner's^n^o/ ¦'- Cant. loc. citat. proceeds, by the bifhop's grant, from the archdeacon alone, as (to quote from our infular ufages) formerly in 128 lElection anO Engtitution. [Part III. Atterbury's Vi jitation Charge, MDCCVIII. Strype's Annals, V. ii. P. II. Appendix, Nir. XXXII. p. 698. the diocefe of Canterbury \ and, at one time, feemingly, in that of Lincoln {fee, in the ^ppenUtx, "admonitio epifco palis archidiacono facta de fumptibus Uecano ruralt allo- candis:") — in others, from the bifhop and archdeacon jointly, that is, from the bifhop through the archdeacon, as now-a-days in the diocefe of Exeter^, where the clergy are the actual electors : — in others, again, from the bifhop alone, as in the diocefes of London, Bangor, Bath and Wells, Chefter, Chichefter, Ely, Hereford, Lichfield, Llandaff, Norwich, Oxford, Peterborough, Winchefter, Gloucefter and Briftol, St. Asaph, St. David's, Worcefter, and Salisbury^, — in the latter of which the office is, at prefent, on the authority of our venerated diocefan him felf, entirely dependent on the perfmial jurifdiction of the bifhop ; — the archdeacon having nothing to do with the appointment, except fo far as the bifhop may defire him to mention the names of clergymen eligible to the duty; — which has been occaflonally done by the rural (') The Commiffion now iffues from the archbifhop directly to the rural Oean In the diocefe of Canterbury : and the fame rule obtains in the diocefe of Lincoln, and almoft all others. O " Volumus etiam ut Decanatug Plymptan ficut ab antiqua folet et auteidico fcripto bonce memoricB I. Exon. ep'i plenius et melius teftatur eccl'ice de Plymptan remaneat, ita fdlicet ut clericus per te et fuccejfcyres tuos et canonicos arcM'o Tattanice qui pro tempore fuerit prefentetur, et curam tJecanatliS per eum fufcipiat — quod ep'us et ejus officiates repellendi Ulas qui per vos fuerint prefentati nullam prorsus habeant potefiatem.'' Inter privilegia monqfterii de Plimton. Temp. Ivelii prioris. 3Rcg. ^^limton IMS- Not. JWS. ^00. Kennett's Par. Ant. V. II. p. 353. (') Such alfo is the ufage in Ireland, as far as I am acquainted with its rurt-Oecanal adminiftration ; and likewife in the diocefe of Barbados, on the authority of Bifhop Coleridge. Sect. I.] iUltgljt of lElection. 129 presbyters themfelves; — but in neither cafe with any power of nomination, as an official right. Such likewife was the conftitution of the office in the days of Bifhop Ward, and alfo in thofe of Bifhop Fifher, in the diocefe of Sarum. And yet, to fhew how much the ufages of the church have varied, at different periods, in relation to the economy of this office, even in the fame diocefe, we find traces of an oppofite cuftom to that now prevalent, in the early conftitutions of the fee of Sarum. In the Conjiitutiones factce in pleno caplo eccl'ice Sarum in fefio AJfiimpt. B. Virginis, anno mccxxii., this claufe occurs : "Becant etiam rurales de communi confenfu d'ni e'pi et archid'orum injiituantur et dejiituantw." And in the canon " de Uecanis injtituendisf of the Alice Gonfiitutiones Mgidii Saresberienfis Episcopi {A.D. mcclvi.), is the fol lowing injunction : "Statuimus, ut cum Uecant rurales ido- nei ah archidiaconis fuerint infiituti, nobis et fuccejforihus nofiris prcefententur ad facramentum corporale prcefiandum :" — clearly fhewing, that, in the days of Bifhops Poore^ and Bridport, the inftitution of Ueans rural was partially, at leaft, a matter of archidiaconal concernment in our diocefe. Nor, indeed, in that of Winchefter^, has the (') Bifliop Poore drew up a body ot conftitutions at a diocefan fynod, fubfequent to the year mccxxii, for the regulation of his fee. They are divided into eighty-feven canons ; of which the penultimate commands the archdeacons to take care that the laws are duly obferved ; — to give copies of them to the rural OeanS, who are to tranfcribe them, and furnilh j the rectors and vicars within their precincts. . j C) In the diocefe of Winchefter, there are, at prefent, two foundations I of rural Oeansi, the old and neiv^ — the latter inftituted a few years fince by ' Bifliop Sumner, and appointed folely and exclufively by his authority (fee flppenOil, Winchejter Documents) — the former of ancient ftanding and peculiar conftitution ; whereby the clergy are empowered to elect a VOL. I. K perfon. .(Reg. Dfiiiunb. E'pi Sarum 5J!6. apud W. K. in ajis.abb. CC. M. B. et H Vol.1, p. 715. See I. Filefaci Selector. L. II. p. 97. de Corpor Sacram. Collier's Eccl. Hift. of Great Britain, B.v. p. 440. 130 lElection anti institution. [Part III. cc.M.B.etH. Vol. II. p. 299. Interpreter in verb. Scnn. R. C. of ScQtlS and Chapters, c. VII. p. 53. act of appointing been always with the bifhop, to the exclufion of the archdeacon ; though in the prefent age the latter is no party to it : — for in the fynodal conjiitu tions of Bifhop Woodloke {A.D, mcccviii.) it is ftipulated "quod de ccetero, tam Uecant, quam apparitores eorum, per nos, aut offidalem nofirum, archidiaconum, vel ojfidalem eorum, communiter eligantur, et amoveantur fimiliter com muniter per eofdem." Indeed, fo good a cafe of feeming right to a participa tion in the appointment of Ueans rural generally, in Eng land, do the archdeacons put forward, that Dr. Cowell in his Interpreter, and Dr. Godolphin in his Repertorium Ca nonicum (the latter copying the former), have compofed their definition of Uean rural in accordance with it— influ enced, no doubt, by the papal refcript of Innocent III : — "A perfon having ecclefiajiical jurifdiction over other minifiers and parifhes near adjoining, afiigned unto him by the bifhop and archdeacon, bdng placed and difplaced by them." Still it is the writer's firm conviction that no archdeacon can lay legal claim to co-electorfhip with the bifhop, ; whofe office alone it is de jure to appoint Ueans rural in his diocefe. In the moft recent revival of "the ancient ufe of perfon, at the archidiaconal vifitation, to fill the nominal office of Oean rural, and to preach at the two fubfequent vifitations of the archdeacon and bifhop's commlffary (in Surrey). But the office is in fact, Archdeacon Hoare informs me, a mere nullity, except for preaching ; for which pur pofe the election is annual, and the Oean changed. This ancient foun dation, though thus limited by ufage, it is expreflly provided by the bifliop, is not to be affected by his new appointment. The latter is general throughout Hants and Surrey: the older inftitution, on the authority of Archdeacon Bayley, obtains not in Hants. Sect. I.] Mig]&t of lElection. 131 Ueans rural " in England (viz. in the diocefe of London, where, while I am writing — December mdcccxxxiii — they are juft appointed), the act of appointment was ex ercifed by the bifhop ; but the Ueans are to afiifi the archdeacons in the execution of their office, and to act in fubordination to them ^ ; which feems to be, in my humble opinion, as judicious a mode of rendering the inftitution of Ueans rural efficient, without the rifle of rendering it offenfive to the intermediate functionaries, the archdeacons, as can be devifed. " Although there are inftances, in times paft and pre fent, of the clergy electing Ueans among themfelves," fays an anonymous author, " yet confidering they are to correfpond with their bifhop, to act many things in his name and by his authority, and to be accountable to him, it is but meet he fhould have the choice of them, as for the moft part he formerly had." " The wife election of the Uean rural is a matter of the greateft importance, and requires the greateft care;" for "he muft be one that fincerely loves God and the church, and hath a tender regard to the fouls of men. He muft alfo be furnifhed with found learning, and with dexterity to manage men and bufinefs : " — " the peace and fafety of the church, the ftopping of herefie and fchifm, the preventing the growth of popery, and chiefly the recovering of decayed piety among the people, de pending on the judicious appointment of this officer." (') In Gratian's time, Bingham obferves, archdeacons had power over arcj&pregflgterg or rural Oeang, and ufually now retain it. It is worthy of remark, that rural OeanS are not mentioned elfewhere in the Ecclefiafti cal Antiquities. K 2 A Humble Pro- pofalfor Paro chial JiefotTna- tion &c, cliap, xix.pp.120,121. O.E. B. 11. c. XXI. s. 8. 13-2 lElection anO Institution. [Part III. "If all the qualiflcations requiflte cannot eafily be found in every Ueanarg, yet it is neceffary to go as near them as poffible ; but efpecially to provide men of clear reputation for unblameable behaviour, and of difcreet zeal for the honour of God and advancement of re ligion." Sect. II.] iWetJoO of 3Enstitution. 133 SECTION II. The Method of Institution. AVING done with the right of election and appointment of Ueans rural — in whom it pyri- marily refted, and in whom hy delegation — we naturally inquire, in the next place, how, or hy what method, were thefe officers inftituted in the church^? — by oral declaration, or by formal commiffion in fcriptis ? — If by the latter, are any fuch formulce of inftitution known to antiquaries ? After affiduous fearch — not in the archives of public libraries, nor in the manufcriptal records of epifcopal muniment-rooms, (for I enjoy few fuch opportunities of inveftigation,) but in printed books of eafier accefs and perufal — I am compelled to reply, to the beft of my belief, that none have been ever given to the public of a date antecedent to the fixteenth century; and it is faid by a far higher authority in thefe matters, the vicar of Ambrofden, that none exift in manufcript. At leaft Dr. Kennett replies to the bifhop of Lincoln's queftion (') It w.ere abfurd to think of recovering any authentic inftruments of inftitution of the Eaftern OeanS rural — the perioOeuta of Afia Minor, or of the fubfequent erarcji or protopapaOeS. But fee Goar. Euchol. | GrcBCOr. p. 271. and again p. 277. and note p. 287 ; alfo notes to Dr. [ Priaulx's Brief Account &c., for a form of ordination of a protopapa^. Qu. Was this form ufed at the ordination of bican as well as ur6an protopopeg ? H.D.R.\o\.ii.StpjjcnWrrSalisbury Documents. 134 ^Election anO Institution. [Part III. cross. SCCbcnb. Parochial Anti quities, Vol. n. pp. 356, 357. Kennett, ubi fupra, p. 357. Kennett, pag, citat. upon this point, that he had met with none in the courfe of his refearches : — "As farr as my prefent thoughts can reach," Kennett writes, " I believe the rural Ueans were long appointed by the diocefan without any formal com miffion in fcriptis, and invefted in the office by the deli very of the common feal, which at the death of each Uean was returned to the bifhop, or committed into cuftody by his order, to be given to a fucceflTor at the bifhop's nomination." Oral declaration or nomination, and tradition of the Uecanal feal, feems to have been the ordinary way of inftituting Ueans rural in England; and this, probably, at the times of epifcopal vifitation. Had there been deeds of commiffion, heretofore in ufe, they would have been found in fome of the diocefan regifters^ ; but there is not the leaft intimation of any fuch, in an authentic form, to the very time of the Reformation ; — at leaft, in reference to Ueang rural, ftrictly fo called : though many formal conveyances^ occur of the Ueansjip of the court (') White Kennett particularly notices, that no deeds of commiffion are feen in the worthy Dr. Button's moft accurate collections from the rolls of H. Wells and R. Grofthead, bifhops of Lincoln, nor in thofe of Walt. Grey of York. (jy " Prater Johannes eccl'ice Cant, minifter humilis — dilecto filio magifiro P. nuper OecanatiiS eccl'ice beatce Marice de Arcubus London. cufiodi falutem — dilectum Jilium mag'rum Roger um de Rothewelle cle- ricum nofirum in eccl'ia B. Maria de Arcubus prefecim'us in Oecanum — vobis mandamus — utfigillum OecanatuS eidem Rogero liberetis. Dat. apud Favrefham ix. cat. Octob. A.D. mcclxxix." By which it feems plain, that, upon the deceafe of the Oean, another clergyman was made keeper of the feal, till the archbifhop appointed a fucceflTor, who had felfin of his office by delivery of the faid feal without any other delega tion in writing. Which nomination and tranfmitting the feal was the ordinary way of inftituting rural Oeang. Sect. II.] iWetDot of Institution. 135 of arches, in the archbifhop's regifters,' — an office hereto fore attached to the rectory of the church of St. Mary-le- Bow, or B. Marice de Arcubus — the incumbent of which was once rural or urban Uean of London — tfie Uean of ©firtsttanitg^' — having under his peculiar diftrict the churches exempt from the diocefan, and fubject to the archbifhop's immediate jurifdiction. The non-appearance of formularies of Uecanal inftitu tion in diocefan regifters, while they abound in the archiepifcopal, is accounted for by Kennett in his jIBSb. letter to the bifhop of Lincoln: — "The Uean of the arches or peculiars in London kept his cuftomary rights, and obtained fome new prerogatives, becaufe there was no archdeacon to reftrain him : whereas in other ordi nary Ueanertes, the refpective archdeacons had fo crampt the authority of rural Ueans, (nay, in fome diocefes had extorted from the weaker bifhops the power of confti tuting and removing them at pleafure,)*that I prefume," fays the antiquary, " there was no great folemnity in appointing men to execute the declining office, com monly beftowed by verbal nomination and tradition of the feal." Wherever there was exprefs defignation by unit or patent, it was in the ufual form of the ordinary's dele- (0 " E cceteris in urbe Londinenfi parwciis," fays Oughton, "jamdiu fuerunt et adhiic extant numera tredecim, fub jurifdictionis peeuliaris privilegia, diftinctce et omnino exemptce ; qucB nempe ejufdem dicecefeos epifcopo nullatenusfubjaceant,fed ipfijfimo metrapalitana, qua ordinario, immediate fiubjectce remanent ; quarum una eft ilia parochia Sanctce Marice de Arcubus, et habebatur quafi preecipua," &c. " 06 arcuatam bafilicam, in qud, pro tribunali, federe folebat, tecanus de Arcubus." Ubifuprd, p. 358. Onghton's Ordo Judiciorum Pro legomena, X. XI. 136 lElection anD Ingtttntiou. [Part III. X. col. 1976, ScconotuS ordinati per Abhatem Tho. Fjndon. SJJS.Ecbgcc-aSOok penes Regiltr. dioc. Ceftr. See Chronica gating any other official or commilTary, mutatis mutandis. W.Thora.Script. O n J J y And White Kennett acknowledges it as probable that there may have been fhort inftruments of conveying the ordinary truft of Uean rural, though not remaining upon record ^ Be it fo, or otherwife, antecedent to the epoch referred to by the learned author ; many fuch documents have been met with in diocefan regifters, flnce that event, in England, and a few fhort formulae of inftitution of Ueans on the continent (one of which has been already quoted. Sect, ii.) are feen in Van Efpen, /. E. U. Part i. Tit. VI. cap. I. p. 29. Some interefting 0L^. forms have reached me from the diocefe of Chefter, by the kindnefs of Mr. Ward, and are given in the ^ppenUtx under that title. On the twenty-fourth of May mdli, Bifhop Bird (the flrft prelate of the new fee of Cliefter) granted the office of rural Uean of Kendal, Lonfdale, and Catheric Ueanries, to Thomas Bland for life {^'durante vita fud naturali") by patent, {fee the document, with feveral others, in the i glppenUtx — Chefier Documents — N°. i.) — Thefe patents, as formulae of inftitution, are curious, and have never before been laid before the public. From them it ap pears, that the principal regiftrar of the diocefe did not interfere with the Utcanal jurifdiction, but that the Ueans had feparate regiftrars of their acts appointed by the (') It is certain the next fucceflbr to Peckham, Archbifliop Win- chelfey, made a Ijean of St. Mary Arches by thefe exprefs letters-patent. — " Robertus Cant. ar. ep'us dilecto Jilia ¦mag'ro Henrico de Najfington cananico eccl'ice Line, falutem. Officium Decanatug eccl'ice Beatce Marice de Arcubus London, eum fuis juribus et pertinentiis univerfis, et exerci- tium jurifidiclionis ejufdem — tibi committimus per prefentes — dat. apud Otteford. 3. kal. Jun. mccxcv." Kennett, pag citat. Sect. II.] iWetJoD of institution. 137 bifhop. {See ^ppenUix N°. ii.) In mdcxv^, the office of rural Uean of all the Ueanries of Richmond archdeaconry (fave only Amoundernefs) was united with that of com- miflfary, and granted by patent for life to Edmund Main- waring and Mark Pickering {fee ^ppEnUtx N°. v.), and fub fequently to Jofeph Cradock (including Amoundernefs) in MDcxxxvi, who continued patentee of all the Uecanates at the time of the Reftoration in mdclx. Confirmations of other fuch patents appear in the acts of the Uean and chapter of Chefter of later date, all parties acknowledging the feparate jurifdiction of the Ueans rural {fee Remon- Jirance of the Uean and cfiapter, and Anfwer of the bifhop, A.D. MDCLXii, ^ppenUtx N°. vii.), and cautioufly preferving it in the fucceffive particular and general patents for a century afterwards. There anciently obtained in fome diocefes a cuftom of fwearing Ueans rural to the obfervance of certain articles at the time of their inftitution ; of which the firft notice I have met with is in the feventh canon of the Meath Confiitutions {A.D. mccxvi.), to this effect : — " Ut in ad- '¦ miffione ad officium juramentum prcefient de fideli execu- | tione fui ofijidi. Item de inquirendo et prcefentando nobis et cc. M. B. et H. Vol. I. p. 547. (^) At the prefent time, the whole Decanal jurifdiction is exercifed by the commlffary of Richmond and archdeacon of Chefter, the rural DeanrieS being all vefted in them ; and, by right of the ancient office of Dean rural, their jurifdiction is confiderable, though the archdeacons of Richmond and Chefter, as fuch, have no jurifdiction whatever — that is, in their archidiaconal capacity alone — the fame having been furrendered to the crown at the inftitution of the fee, and vefted in the bifhop, who has not thought fit to give to the archdeacons any jurifdictlon,^ and they are entitled to none by the charter but what he choofes to beftow on them, with the falary of 50/. to each. 138 lElection anD Institution, [Part III. cc. M. B. et H. Vol.1, p. 715. cc. M. B. et H. Vol. IV. p. 49. can. xni. See appcnM^', Cliefter Patents, No. I. Ditto Charge, Ditto, No. III. CC. Rotomag. Prov. P. n. p. 398. ojfidalibus nofiris nomina et cognomina omnium etfingulo- rum infra fuos Uecanatus, qui puhlice et notorie defamati aut vehementer fufpecti funt de aliquo crimine aut inf amid, per auctoritatem nofiram puniend. et corrigend." &c. See here after, under Vifitational duties — '^.ik.'^. Part iv. Sect, ii. About forty years later we read of the facramentum corporale as being taken by Ueans rural of the diocefe of Salisbury, on their prefentation to the bifhop, after infti tution by the archdeacon. See the Confiitutiones alice of Giles Bridport {A.D. mcclvi.), can. de Uecanis infi ll tuendis : and on the nature of the corporal facrament I {"Tactis corporaliter facrofanctis evangeliis in publico corpo- r aliter fubeant facramenta." Conft. Siculse, L. i. Tit. lix.) See Ducange Gloffar. Tom. in. col. 884. The obligation of an oath, I have no doubt, continued to be impofed on thefe officers fubfequently, though the Concilia Magnce Britannice et Hibernice of Wilkins afford no record thereof till the provincial Scotch council of Edinburgh {A.D. mdxlix.) ; wherein it is enacted, " quod Uecant ante fufceptionem fui officii jurent de fideli^ejus admi- nifiratione in omnibus," &c., as hereafter cited in full, under vifitation duties. In the patent of Uean rural of the Ueanries of Kendal, Lonfdale, and Catheric, to Thomas Bland, A.D. mdli, it is faid, " Tibi in virtute juramenti tui coram nobis de officio prcedict. fidelith exequend. in hac parte priiis prcefiit. damns et concedimus," &c. : and the oath is again referred to in the bifhop's Charge to the Ueans, A.D. mdxciv. ; but, as if it ceafed to be exacted, the words occur in no fub fequent patent. The Rouen collection of councils prefents us with the form of the Uecanal oath, as it was adminiftei»ed in Sect. II.] IMetJboD of Institution. 139 the diocefe of Evreux {A.D. mdlxxvi). It appears among the ftatutes of the fummer fynod, under the title " de iSecantS aauralibus ; " and is thus introduced — "Nefrufird lex etfiatutum detur,fi nemo fit qui obfervet, vel obfervari in noftra abfentid procuret, prcecipimus Uecanis ut tanquam ex altd fpeculd profpiciant in omnes, ac fideliter deferant delinquentes et contumaces: in quem finem damns ipfis potefiatem citandi quofcunque fine alio mandato fpedali, et prohibemus ne conniveant, vel cum ullo pretio interpofito tranfigant fub poena erga nos perfidice, et perjurii in deum contra juramentum, quod omnibus fynodis volumus ab illis in nofiris manibus fieri et renovari, cujus hcec efi forma ex fanctis canonibus fumpta — lEgo N. Uecanus de N. furo per deum vivum et iicec fancta evangelia quod amodo in antea quidquid novi, aut audivi, aut pofimodum inquifiturus fum quod contra voluntatem DEI, aut rectam Ciirifiianitatem in Uecanatu mihi commifffo factum fit aut factum erit,fi in diebus meis evenerit, et ad cognitionem meam pervenerit, aut indicatum mihi fuerit, fynodalem caufam effe et ad minifierium domini md epi fcopi pertinere : quod nee propter amorem, nee propter timorem, nee propter pretium, nee propter parentelam, nul- lateniis celabo prcsdicto domino meo epifcopo, aut ejus miffo, cui hoc inquirere jufferit, aut ejus ofiiciariis. Sic me deus adjuvet et hcec Sancta Dei Evangelia." We have recorded the adminiftration of an oath to the Ueans rural of the diocefe of Salisbury by Bifhop Bridport in the middle of the thirteenth century. An oath was alfo adminiftered to them by Bifhop Ward in the latter part of the feventeenth century. The Articles of Enquiry drawn up by him (foon after his inftallation) for the ufe of the Ueans rural of his diocefe are yet extant DiOtitiac ©ctfji (SplfcopiSacum,Tranfcript, p. 339. a()^lcn^i^^Salisbury Do cuments. 140 Ruperior. Ca nonic, in App. p. 6. (23.) A Humble Pro- pojalfor Paro~ chial Reforma' tion, p. 31. ^Election anD Institution. [Part III. in his Common-place Book, and are headed, "Officium iBecanorutn ISuraltum ad quod juramento afiringendi." From the form of the Uean's oath, fet down by the diligent Dr. Godolphin in his Repertory, as in old times adminiftered, the then authority and jurifdiction of this rural officer in England may be fufficiently underftood. The exact date of the inftrument I am unable to afcer tain. It is in vain fought for in an authentic fhape of earlier publication. The duties enumerated are found difperfed through ancient councils, but no where fo compendioufly and formally drawn up. Nor have I met with any genuine form of Uecanal jurament in actual ufe in modern days, except in one diocefe of England \ Godolphin's is to this effect : — Articles mintstereU to $?ural 39eans. "%A.B., Uo sfioear, diligently and faithfully to execute the office of Uean rural within the Ueanrp of C. " 1. I will diligently and faithfully execute, or caufe to be executed, all fuch procefles as fhall be directed unto me from my lord biffiop of E. or his officers or minifters, by his authority. " 2. Item, I will give diligent attendance, by myfelf or my deputy, at every conflftory-court, to be holden by the faid reverend father in God, or his chancellor, as well to return fuch proceflfes as ffiall be by me or my (') In the Commiffion ufed by Biffiop Burgefs in the diocefe of St. David's, and kindly forwarded to me by Bifliop Thirlwall, thefe words occur — " You being Jirfi in our prefence duly fworn upon tlie Holy Evangelifts to act faithfully in tlie difcharge of your faid office qfj^ural IDean." Sect. II.] JWetijoD of Institution, 141 deputy executed; as alfo to receive others, then unto me to be directed. " 3. Item, I will, from time to time, during my faid office, diligently inquire, and true information give unto i the faid reverend father in God, or his chancellor, of all i - the names of all fuch perfons within the faid Ueanrn of C. '\ as fhall be openly and publickly noted and defamed, or s vehemently fufpected of any fuch crime or offence, as is to be punifhed or reformed by the authority of the faid court. " 4. Item, I will diligently inquire, and true informa tion give of all fuch perfons and their names, as do admi nifter any dead men's goods, before they have proved the will of the teftator, or taken letters of adminiftration of the de ceafed inteftates. " 5. Item, I will be obedient to the right reverend father in God, /. bifhop of N., and his chancellor, in all honeft and lawful commands ; neither will I attempt, do, or procure to be done or attempted, any thing that fhall be prejudicial to his jurifdiction, but will preferve and maintain the fame to the uttermoft of my power." In the Refolutions of the Upper Houfe, confequent on tJie Report of the Committee of the two Houfes of Convoca tion about ISural 39eans, {A.D. mdccx.), no oath was pro- pofed, but it was ordered " that A Paper of Infiructions from the bifhop fhall be given to every rural Uean, without fee or reward^, directing him how and in what manner to (') If we may believe the violent anti-epifcopal author o{"A Short View af the Prcelatical Church of England," there was once a cuftom of exacting a fee on the adminiftration of the oath ofoffice to Deans rural. cc. M. B. et H. Vol. IV. p. 638. fftU'll 142 lElection anD Institution, [Part III. Ex. Epift. Au tograph, Rev. I. Wallis de Bod min. A Short View of the Pnelatical Church of Eng. land, MDCXLI. Ecclef. Courts' Report,MDCCCXXXII.pp. 517, 518. Appendix, C. Part vn. No. i. execute that office ; and that every Uean fhall folemnly promife, in the prefence of the bifhop, or any other. perfon appointed by him, to execute the faid office ac cording to fuch inftructions, to the beft of his fkill and power." Such may be faid to be the general ufage at prefent in the diocefes of Great Britain and Ireland, wherever I rural Ueans exift. Some fort of inftrument paffes medi ately or immediately from the bifhop, his official, or archdeacon, to the Uean, invefting him with full powers to execute the truft, for a deflnite, or indeflnite period, as the cafe may be ; and, at the fame time, inftructing him how he is to perform its particular duties. In Cornwall, where I am informed " the office has never (?) rural. Among the means of epifcopal aggrandizement, it is there alleged, with no good intent towards our apoftolical hierarchy, that one fource of wealth to prelates was — " By making rurall DeaneS yearely (where they be) in every Deanrg : — and for the oath taken, fome pay 8s. 6d. or a noble, but no benefit to the Deanrg at all, but to execute bifhop's mandates." At prefent, I am not aware that any payment is made for his com miffion by the Dean rural of England, except In the province of York ; where, in the lift of fees taken in the exchequer and prerogative courts, appears " Cammifficm for a rural Dean, hs. 4d. (Judge), 3s. (Regiftrar)." But in parts of that province the Decanal office is one of confiderable emolument, and held by patent for life (viz. in the archdeaconries of Chefter and Richmond), fo that the functionary may well pay for his commiffion. See Table of Fees &c. N°. i. beginning " For bufinefs cer tified by tuxal tseam :" — Deans rural in general have "wo comings-in," and therefore had need have no goings-out, beyond what they unavoid ably incur in the fulfilment of their ordinary duties of parochial vifita tion, and attendance on the citations of their diocefan. But fiee fome remarks on the income of cjborepiscopi, and their fucceffors the DeanS of tjbe countrg, in my Second Vol. P. v. S. in. notes. Sect. II.] iWetSoD of Institution. 143 been difcontinued," the ancient cuftom of adminiftering an oath, at the time of inftitution, yet furvives, with other primitive peculiarities connected therewith. The | office is there, as it was in Lyndwood's days genen-ally \ in England {fee the next fection) annual. The bifhop's I See stpijenbi;^, mandate paffes from the vicar-general and commiflfary of no.; the diocefe, under his official feal, to the archdeacon — " charging and commanding him to monifh, or caufe to be monifhed, all the clergy of his archdeaconry before him affembled on any competent and convenient day and place, then and there to elect, and nominate, one fit and convenient clerk of each Ueanrg, to be the Uean rural of each Ueanrg, within the archdeaconry for the year enfuing : — and giving him free power and lawful autho rity to adminifter in due form of law to each and every of the Ueans rural, who fhall be elected in purfuance of the mandate, the ufual and accuftomed oath for the faithful execution of their refpective offices " — to this effect : — «¥ou sSall Slnear well and truly to execute the office of a Uean rural within your Ueanerg, for the year enfuing ; you fhall diligently, in the year, vifit all churches and chapels within your Ueanerg, as alfo all parfonages and vicarage houfes ; you fhall make true prefentments of fuch defects as you fliall find therein, and alfo the defects of books, ornaments, and other utenfils and fur niture, belonging to each church or chapel ; you fhall either, by yourfelf or deputy, faithfully execute, or caufe to be executed, all fuch proceflfes and mandates as fhall be fent to you from your ordinary, and make true re turns of the fame. — 'So help you God." See Tenor Ju ramenti &c. StVpcntir. Exeter Forms, No. 11. 144 lElection anD Institution, [Part III. See 3t|.ipcnbU', Exeter Forms, No. III. Ex. Epifl.Wti. Edw.Wyatt,Regiftrar. Till within thefe few laft years, the oath was ufually adminiftered, immediately after dinner, at the table where the clergy dined, on the occafion of the arch deacon vifiting the refpective Ueanries of his jurifdiction — holding, that is, his fynodal vifitations in each — (the time felected for the appointment, under the epifcopal mandate, as moft convenient for the affembled clergy to elect their Ueans rural) ; but the prefent archdeacon of Cornwall (the Rev. John Sheeplhanks) thinking it more decorous to hold the election and adminifter the oath, when the clergy are called over, at the altar, after divine fervice, that* courfe is now conftantly purfued. Infiruc tions are afterwards delivered to the Uean for the execu tion of his office, with a Booh of Forms for making his prefentments; copies of which are delivered to the churchwardens, who are called upon, in the fubfe quent year, to anfwer inquiries as to their conduct in difcharging fuch prefentments : — and this is done, before the archdeacon, in the prefence of the Ueans rural. It was cuftomary in the diocefe of St. Afaph, during the epifcopate of Bifliop Horfley, for the rural Ueans, before their appointment, to make a formal declaration of affent, and to fubfcribe, to the Thirty-nine Articles of Religion, and to the three articles in the thirty-flxth canon, in the prefence of a notary public. This cuftom, however, of which a record remains in the fubfcription- book of the See, has altogether ceafed — the prefent Bifhop appointing to the office by letter only. In the ^ppenUix of documents will be found numerous forms and tables of inftructions for Ueans rural from the ninth century downwards to the prefent time. They Sect. II.] JWetJboD of Institution 145 are culled from authentic fources in print and manu fcript, and may be relied on for their authenticity. But before I conclude this fection on the fubject of the inveftiture of Ueans rural, I muft again cite the 01^. letter of White Kennett to the bifhop of Lincoln, pregnant as it is with much pertinent and fenflble fug- geftion to the point. " If your lordfhip doe not think it fufficient to ordain rural Ueans by oral declaration at your times of vifitation," writes the vicar of Ambrofden to Bifhop Gardiner, "but to give them particular commif- fions to authorize them (which indeed will look more folemn and authentic), your lordfhip may ufe a fliort and general form; fuch as one of the foregoing, {fee Sect. II. notes); or fuch as is now commonly ufed in creating an official or furrogate ; or fuch, mutatis mu tandis, as now conftitutes a dean of arches. Or elfe your lordfhip may have a new form drawn up, which fhall decently mention the good old cuftom, and the benefits of reftoring it, and fo delegate the perfon to exercife the office of Uean of ©iiristianitg within fuch a known Ueanerg, without fpecifying the acts or bounds of his authority ; becaufe thefe muft be limited or enlarged, as the prudence of governors fhall direct, or indeed as the iniquity of times will bear. For at firft-, my lord, the archdeacons and officials, &c. will be jealous of them, and will create difturbance, if there be any feeming trefpafs 1 upon their accuftomed rights. And yet there be many | parts of difcipline that may be committed to the rural I Ueans without any pretended invaflon upon the arch deacons, or others, &c." TOIii I- SSRi. 9(t)^cnt)o: Parochial Anti quities, Vol. II. p. 358. 146 lElection anD Institution. [Part III. SECTION III. The Duration op Office op iieans ISlural. Y whomfoever Ueans rural may have been, at different periods of their hiftory, conftituted and appointed, and in whatfoever way, the office itfelf has generally been, and ftill con tinues, in moft diocefes (as we have already hinted), of a temporary nature, the powers with which it is invefted by delegation being revocable at the will of the dele- Anaiyfiscc. j gator. — " 3Ruralis arcSipresfjgter non dignitas efi',' fays Tom. III. p" 36. ' Richard, "fed fimplex ad epifcopi voluntatem revocahik j officium." This precarioufnefs of title is implied in the paffages, already cited from foreign canonifts, on the removal of Ueans rural, when occafion required it ; and it is expreffly affirmed by our own Lyndwood — ''eorum officium efi temporale et non perpetuum," — differing in that refpect from the Uecanal dignity in cathedral, collegiate, and fuch like churches, "g-m'^MS perpetuo intitulantur." — '^Sunt hi Uecani temporales ad aliquid minifierium fub epifcopo vel archidiacono (al. archiepifcopo^ exercendum confiituti ; — nee habent injiitutionem canonicam tanquam in beneficio." — 'And again, " quoUbet anno mutantur Uecant, et fiunt novi." To the fame purport writes John de Atho, in his earlier gloffary on the Legatine Confiitutions of Cardinal Otho, in the canon " ne caufes matrimoniales judicibus imperitis Pi-Qvincial.'L.lJ. T. I. gl. bccani L.i.Tit.n. gl. bccnnoS tucolcS. L.II. Tit.i. gl. omni anno. Sect. III.] IBuration of ®&ce. 147 committantur ;"¦ — "non efi perpetuus (foil. Uecanus ruralts) U'- ''"""'«''"''"'' etfic confuetudinem prcefcribere non pqffet, — -fed efi amotivus i ab officio ad nutum fuperioris, cujus efi minifier." And j once more the Bifhop of St. David's, on the fame point i of prefcription — "cum tales Uecant rurales^ non fint per- ' Provinciai.Tu.it. ^ . ^. . . _ -' 5 ¦ T.i glaudire petui, et quicquid faciunt, non fuo fed alieno nomine faciunt, i pnefumant. etiam ratione confuetudinis prcefcribere non pojfunt." \ Similar was the intended regulation of the office in : the Reformatio Legum Ecclefiafiicarum — " Munus autem ejus (arcjbtpresbgteri rusttcani) erit annuum." But in the | Ti' v^cn. c. v. Proceedings in Convocation about iJlural liicans, in the | reign of Queen Anne, the period of Uecanal tenancy, ; recommended by the Upper Houfe, was three years ^; — | "unlefs caufe fhould appear to the bifhop for altering! cc.M.B.etH. 1 n • 1 „ 11 IP 11 Vol. IV. p. 638. the laid term ; — or, as the latter claufe was amended by the Lower Houfe, — " unlefs great caufe fhould appear to the bifhops and archdeacons having jurifdiction, or to the bifliop where there is no archdeacon having jurif diction, for difplacing them fooner." True, therefore, it is, as remarked by the Hiftorian of Parti. p.i76. the Antiquities of Canterbury, that rural Ueans were " ge nerally amotive, and removable ad nutum confiituentis ;" — but there have been exceptions to the rule. In fome places, by virtue of cuftom and the grants of (') Which was the reafon, Gibfon obferves, why the feals the Deans rural had for the due return of citations, and the difpatch of fuch bufi nefs as they were employed in, had only the name of the office (and not, as other feals of jurifdiction, the name of the perfon alfo) engraven on them. C) The Bifhop of Down and Connor and Dromore appoints his rural Deans by commiffion "for the term of three years, or during pleafure." mdcccxliii. l2 Gibfon's Cod. I.E. A. Yolii. Tit. xui. cap. vm. p. 972. See appctlDijr, Iriih Documents, Down & Connor & Dromore. 148 ^Election anD Institution, [Part III, Godolphin's Re pertorium Ca nonicum. chap. VII. p. 53. Burn's Ecclef. Law, Vol. 11. p. 118. T. D. Whitaker's liiclimondfhire. Vol. I. p. 339. See Borlafe's Antiquities of Cornwall, Tan ner, p. 67. bifhops, they enjoy a perpetual jurifdiction^ fubordinate only to the biffiop and archbiffiop; — they are "vicarii epifcopi et archiepifcopif and have power of acting by themfelves or deputies. Of this nature are the Ueans of Shoreham, Croydon, and other the archbiffiop's pecu liars ; who have archidiaconal jurifdiction under the archbiffiop, and are fubject to him alone. The official principal, vicar-general, or commiflfary of the archbifhop, have no concurrency of jurifdiction in thefe Ueanries ; but appeals lie from the Uean to the official principal, and they are fubject to the archbiffiop's vifitation by himfelf or his vicar-general. Under the title of Uecant rurales, modern writers alfo, fometimes, place the Ueans ^ oi Battle, Booking, Middle- ham, St. Burian, Guernfey, and Jerfey, all of whom are ( ' ) Battle or Battell — De Bella — is an ancient Deanrg of Suffex, a peculiar jurifdiction without a chapter. See Dugdale's Mancjlicon An gUcanum, Part XIX. p. 239. New Edit. Backing is the head of the archbiffiop's peculiars in EfTex and Suffolk ; four of which are fituated in Effex, and three in Suffolk ; and all fubject to the Dean of Becking, as archiepifcopal commlifary. See Morant's Middleham is a collegiate church in the gift of the crown, with jurif diction, privileges, and exemptions, unimpeached and undiminlffied to the prefent day. The Dean has the probate of wills, and fome other rights of ecclefiaftical jurifdiction within his pariffi, together with a court, an official, and a feal of office. " The paroch chirche hath beene, as fum wene," fays Leland, "a collegiate chirche. The parfon is yet caulled the Dean of Midleham. Richard the 3d lay at itt, and coUe- glated the chirche there, but Henry the 7th toke the new college land awaye." St. Burian enjoys its Decanal dignity immediately under the crown ; the Dean exercifing an independent jurifdiction in all ecclefiaftical matters within the pariffi and its dependencies. He is rector, and entitled to Sect. III.] Duration of ®flice. 149 perpetual, and in our days are more correctly called Ueans of peculiars ; though feveral, or perhaps all, may have fprung originally from Ueans rural. Indeed, Sir Henry Spelman so thinks with regard to some of them : — "Sunt etiam in ruref fays he, " Uecant pauculi, nulli collegio prcefecti, fed jurifdictione qudpiam gaudentes, ut Uecanus Croidenice in comitatu Surrice, Uecanus de Bello, i. 23attel, in comitatu Cantii, &c. Videntur ex ruralium Uecanorum genere fuiffe : quod hinc ab epifcopo, illinc ab archidiacono, vel exhmifium omnino efi, vel prifiino fplen- dore denudatum." But to come to less equivocal Ueans : — In the diocefe of Norwich, the continuance of Ueans rural in office feems to have been perpetual, and their admiffion more folemn than elfewhere. For, in the time of Archbiffiop Witlefey, while that fee was vacant, collations to feveral rural Ueanries occur (whereas in other places they are called Gloff. Archaiol. p. 165. to all the tithes of St. Burian : where alfo a vifitation court Is held in his name, churchwardens fworn, and wills proved, &c. The appeal from his court is directly to the king in council. Three prebends were attached to this royal peculiar from the Conqueft downwards; but before the Reformation, Dean and prebendaries had deferted St. Beriana and her Ihrine. " Ther longeth to S. Buryens a Deane and a few prebendarys," fays Leland, " that almoft be nether ther." Leland's llin. vii. 127. This ancient fanctuary, with its titular Dean, has not much, affuredly, in com mon with the conftitution of an ordinary rural Decanate. The DeanrieS of Guemfiey and Jerfiey prefent more points of refem blance ; and, on that account, I have felected from their canons and con ftitutions ecclefiaftical of the reign of James I. fome few regulations of the Decanal office, its character and functions, as then appointed in thofe remote parts of the diocefe of Winchefter. Thefe extracts are diftributed, either as text or foot-notes, under the various heads to which they apply. See Falle's and Morant's Jerfey, and Berry's Guernfey. Gibfon's Codex, I.E.A. Tit.XLIi. C.VIII. p. 972. Whitaker's Ca thedral of Corn wall, C.I. p. 21. Sic.Lyfon's Corn wall, p. 49, feq. 1.50 lElection anD institution. [Part III. admifiions only) ; and, in an ancient metropolitical vifi tation of the fame diocefe, the firft in every Ueanrg is fuch an one, perpetuus Uecanus \ To which may be added, fays the biffiop of London, wha^. we find before, in the Sib. SnStit. atoviDic. Blomeiield's Norfolk,Vol. I. p. 473. Vol.11, pp.52. 228. 271. 422. Vol. IV. p. 63. Vol. V. pp. 124. 358. Thetford, from ^.Z).MCCCXVIII. Wi. Dr. Sutton. Vol. vn. pp.39. 211.36.S. Vol.viii. pp.181. 530. Vol. IX. pp.400. 471.Vol. X. pp. 107. 312. Vol. XI. p. 145. i (') On the collation of Henry Gold well to the Deanrg of Cranwich in ; Norfolk, this injunction is entered : " Et epifcopus virtute obedientice, ¦firmiter injunxit omnibus et fingulis abbatibus, prior, rector, vicar, cu- j ratis, 8fc. tam clericis quam laicis per diet. Decanat. quod Henrico Gold- wella Decano perpetuo earum,, obediant pariter et intendant in omnib'us licitis, canonici/que mandatis." The Dean of Rockland-Toft in Norfolk exercifed jurifdiction over thirty rectors and vicars befides the three pariffies within the bounds of his own incumbency : he was, as well as the other DeanS, Mr. Blomefield : tells us, collated by the biffiop. All the DeanrieS had pecufiar feals ap propriated to them. They were not temporary, or durante epifcopi bene placita, but perpetual offices ; and were often refigned and exchanged for other preferments in the church. Mr. Blomefield gives a lift of the Deans of Rockland from ^.D. mcccxv. to A.D. mccccxcviii. ; of thofe of Thetford from A.D. mclxxv. to A.D. mccocxx. ; of Cranwich from A.D. Mcccxv. to A.D. mdix. ; of Breccles from A.D. mcccx. to A.D. MccccLxvi. ; of Hingham from A.D. mcccvii. to A.D. mcccclxvii. ; of Norwich city from A.D. mccxvi. to A.D. mdxix. ; of Humiliart or Hum ble-yard from A.D. mcclvi. to A.D. mccccxlvii. ; of Deffwade from A.D. mccxvi. to A.D. mccccxcviii. ; of Redenhall from A.D. wcccxxvi. to A.D. MDXxxiv. ; of Burnham from A.D. mccxviii. to A.D. mccccxciv. ; of Blofield from A.D. mcclvi. to A.D. mcccxlvii. ; of Fincham from A.D. MccL. to A.D. MDXVIII. ; of Repps from A.D. mccciv. to A.D. Moccxxxix. ; of Lynn from A.D. mcccxv. to A.D. mdxliii. ; of Holt from A.D. mcccxviii. to A.D. mccccxxxix. ; of Brifley from A.D. mccc. to A.D. MccccLii. ; of Broke from A.D. mcclvi. to A.D. mccccxxxvi. ; of Hitcham from A.D. mcccxiv. to A.D. mcccxlix. ; of Flegg from A.D. mcclvi. to A.D. mccccxlv. About A.D. MDXL. the rural DeanrieS came all into the biffiop's hands, and their jurifdictions into the archdeacons. Being valuable preferments, they were taxed for their annual profits to their refpective DeanS in the Norwich taxation. Sect. III.] HSuration of ©ffice. 151 T. D. Whitaker's Hift. of Whal ley, B. II. c. I. p. 42. regifter of Archbiffiop Peckham; who commands the biffiop to fequefter " proventus omnium Uecanatuum, in quibus Uecant, et in facerdotio confiituti, non faciunt perfo- nalem refidentiam'^." Again, — If the anomalous perfonage, so fully and amufingly defcribed by Dr. Whitaker, under the title of Uean of Whalley, can be confidered a rural Uean, we have an example of the office being hereditary. But, clofe as this ftrange perfonage approximates to the corban of Ireland (in being compounded of patron, incumbent, ordinary, and lord of the manor), and aware, as I am, that Sir Henry Spelman views the corban as the coun terpart of the Uean rural of England, I cannot fubfcribe to the accuracy of the opinion which would confound thefe ecclefiaftics under the fame general character. A lefs doubtful exception to the office's limitation, the paftor of Great Budworth affords, in the notice beftowed upon it in his Defenfive Doubts, hopes, and reafons, for refusall of the Oath, impofed by the fixth canon i^^l^'^^^f of the late fynod — "In this dioceffe (C3iefter), the Ueanes j for many yeares paft have had a great part of epifcopali j jurifdiction ffiared among them," fays John Ley; — "and this, by patent for lives or yeares, from the biffiops, l^eSK^.. allowing fometimes larger, fometimes leflTe authority, unto them." — Which ftatement I find confirmed by a 'we 50. (') Biffiop Kennett's ilWS. additions to his own copy of his Parochial Antiquities cite the following extract from the regifter of John Drokens- ford, biffiop of Bath and Wells (A.D. mcccix. — mcccxxix.) " mcccxxv. 13. kal. Octob. Joh. de Rouleffiam ad officium arc]&ipreS- fiDteratuS in eccl'ia de Fokyagton ficundum formam ordinationis dicti arcj&ipreSl&SteratUS qui penes d'num remanet ad prefent. d'ncB Aliciae de Knovil dictcB eccl'ice et arcjiprestfiterattis patronce." ategiStc. Joh. Drokenesford epi. B.W. 152 lElection anD Institution. [Part III. pp. 1,2, leqq. & pp. 70, feqq. Ejufdem, p. 6. Whitaker's Hh ftory of Man chefter, Vol. II. pp. 391—398. manufcript HeUger in the poffeffion of IVIr. Ward, the prefent deputy regiftrar of that diocefe, who kindly granted me permiffion to confult the fame. Though in the year mcc, it is clear, that the rural I Ueans or vice-archdeacons, as they are often denominated ; in the 1LeUger=i)Oofe, were removeable at the will of the ; archdeacons, yet, it is prefumed, that, at the time of the 1 erection of the fee of Chefter (out of the furrendered : jurifdictions of the two archdeaconries of Richmond and I Chefter) the rural Ueans held their offices for life ; as j they, beyond all doubt, fubfequently did. At the period i alluded to, rural Ueans were fubfifting, and did not fur- : render their functions as the archdeacons did, but con- ! tinned (as before placed by the archdeacons) in their - refpective Ueanries under the diocefan biffiop of the new i fee ; who deemed it expedient, from time to time, as the j Uecanates dropped in, to continue to perpetuate them by I patents for lives^; the Ueans being ftill poffeffed of the fame furbordinate jurifdiction which they had exercifed under the archdeacons ; — a jurifdiction obtained by long cuftom, diftinct from the ordinary jurifdiction of the diocefe ; and entitled to independent actuaries, regi ftrars, &c. of its own. The engraving of the name with the office on the feal of the rural Ueans of Manchefter, Mr. Whitaker remarks, of itfelf proves the appointment to have been there for •indeed the fame perpetuity belonged to it, as to lite . (') See the evil of this fyftem oi patents far lives, as practifed in the diocefe of Chefter, in the eftate of that diocefe in the time of Bifhop Bridgeman, printed from the iltts. ileDger-33oofe. ^ppenDil of docu ments of this See, N". vi. J Sect. III.] IBuration of ®ffice. Tsil the other Uecanates of the old archdeaconry of Chefter, of which it formed a part — a perpetuity, which, the cited hiftorian affirms with his wonted pofitivenefs, univerfally attached to the office at its firft inftitution \ In the archdiocefe of Salzburg, it feems, Ueans rural were wont to hold on beyond the biffiop's pleafure, " ita ut fibi perfuadeant, fe eo officio, et jurifdictione, oh quam- cunque caufam non pojfe defiitui:" — to counteract which uncanonical notion, the fynod of mdlxix decrees, that all elected Utans ffiall appear before the ordinary for infti tution, and afterwards perform the duties of their office to his entire fatisfaction, as the condition of their con tinuing to hold the fame ; — " Qua in re," concludes the conftjtution, " neque alicui fit injuria, cum hujufcemodi munera, merajint epifcoporum officia, quibus fuis provider e ac coifulere debent ovibus,Jibi a fpiritu fancto commif/is." In fome places, where our rural functionary enjoyed a perpetuity of tenure, (and fuch, we are told, was the conftitution of his charge not unfrequent on the conti nent, and at firft, perhaps, in many diocefes of Great Britain,) it is faid, that he was diftinguiffied by the lefs common title of plebanus^ — "a regimine plebis" — • Conftitut. et Decret. Synod. Salisburg. XXV. cap. V. (') What was the duration ofoffice of the ancient cjorepiscopt, I do not remember to have any where feen. But it is at leaft queftionable, whether it was not for life. Not fo that of the biffiops in partibus infi delium of England. Their commiffion, at and after the Reformation, was revocable. (') Upon the nature of this title, Biffiop Stillingfleet affords fight, as it obtained in England foon after the firft inftitution of a parochial clergy ; and from him it would appear, that the pletanuS of thofe days was not the fame, effentially, as our Dean rural of after-days, however identified in the columns of gloflTariographers. "There were fome cures," Filefaci Parce cia, p. 49. Strype's Mem. of Cranmer, Ap pendix, No.xxn. Duties Sf Rights of the P. Clergy, Works, Vol. in. p. 651. 154 iilection anD Institution. [Part HI. Tractatus (Le- andri Galga netti) de Jure Publico, Lib. III. Tit.xxra.p.231. Venetiis, Mncxxm.folio. a title, which, Filefac thinks, originated in the days of Pope Lucius III. {circa annum mclxxxi.), as fynonymous with paroscus: but very many perpetual Ueans rural were not plebant, and very many plebant were not Utans rural. The term plebanus is of very rare occurrence in our ! cures," fays he, " which had chapels of eafe belonging to them ; and ¦ they who officiated in them, were called capellani, and had their fub- fiftence out of the oblations and obventions, and were often perpetual and prefentative. And where the incumbents had feveral chapels of eafe, and only affiftants to fupply them, the canon law doth not call them rectores, but plebani; who had a fort of peculiar jurifdiction in lefler matters ; but ftill they were under the biffiop's authority in vifitations and other ecclefiaftical cenfures, becaufe the care of the whole diocefe belonged to him jure communi, &c.'' And here let me add, that fome what of this character may ftill attach to the Dean rural abroad : or why, otherwife, would he have to perform, among the duties of the plefianate, that of preaching and teaching in ecclefia ple&auali, (as the mother church of fubordinate daughter-chapels,) impofed upon him by Galga netti on the authority of the council of Trent, in fefs. v. de reformat. " arcjipresbs*"^ *'^''° i^tiralis presbyterorum, et laicorum plelianise fuce curam gerit, contra tamen decretum epifcopi nihil ordinare poteft. — Sed et ipfe, et alii omnes parochiales, vel curatas ecclefias habentes, tam in civitatibus, quam in vicis per fe, vel alios idoneos, fi legitime impediti ' fuerint, diebus faltem do?ninicis, feftifque falemnibus, plebes fibi com- '¦• mi/fas, pro fud et earum capacitate pafcant falutaribus verbis : docendo ea, quce fcire omnibus necejfarium eft ad falutem, annunciandoque eis cum brevitate, et facilitate fermanis vitia, quce eos declinare, et virtutes, quasfictari oporteat, ut pcenam ceternam evadere, et ccelejlem ghriam \ canfequi valeant," &c. See the learned remarks of Muratori, in his feventy-fourth differtation, Antiquit. Med. Mvi, Tom. vi. on the eccle fiaftical incumbents termed plebani and arcfiipresbgteri — and a Bull of Pope Alexander III. (A.D. mclxviii.), Tom. vi. col. 423. confirming to a pleban the fubject churches of his pletanate: and at p. 441, one of Archbiffiop Anfelm of Ravenna, confirming to an arcjbpresbgter his fubordinate capellse &c. (A.D. mclvi.) Sect. III.] Huration of ©ffice. 155 Engliffi councils, (indeed I remember to have met with it only once or twice); but in Tufcany, the Sbumma ^i\- tjestrina notes that the " arcfiipresbgtEr ruralis communiter didtur plebanus alibi Uecanus." And, from the treatifes of Auguftin Barbofa de Canonicis et Dignitatibus &c., and Ferro Manrrique de Prcecedentiis et Prcelationibus Eccle- fiafiids, in Spain alfo, the title of plebanus is common amongft the canonifts. " ^lebans," fays Johnfon, are the fame with Ueans rural, only fome fay that they were per- petuaP." Whether temporary or perpetual, the appointment to the office of Uean rural was on no account to be fimo niacally conferred: — "Inhibemus," fays the fourteenth canon of a Parifian council {A. D. mccxii.), repeated avro- Xe^e) in the fixteenth of the council ofRouen(^.D. mccxiv.), "ne Uecanatus rurales ad tempus vel in perpetuum'^ pro C) See C. M. B. et H. Vol. in. p. 73 ; Thomaffin. V. et N. E. D.Tom, i. Part. II. L. I. c. V. p. 226. viii. ; and Dr. Whitaker's Hift. offFhalley, B. ii. c. I. p. 42. (*) Defpite of prohibitory canons, certain rents were anciently paid by the rural DeauS of Chefter to the biffiops of that See ; as appears from the following claufe in one of their patents, "Reddendo nihilominus annuos redditus ex dictis Decanatii&US exeuntes nobis et Juccejfaribus nqftris debita modo et temporibus confuetis : " and from the fame, or the like claufes, in all other patents of the rural DeanS : — in fome of which the fum payable is particularly expreffed. The rents amounted formerly only to 24/. 10s. Sd., till about two hundred years ago ; when the value of money having advanced, the biffiops advanced them to lOOZ., the fum they had to pay to their archdeacons. Such a refervation of an annual payment out of the Decanal jurifdiction, although, in common cafes, it would be a forfeiture of the office and the power of granting it (by the ftat. 5 & 6 Edw. VI.), being here founded on ancient cuftom, does not place it within the prohibitory ftatute. ParsL de 2li;cl)i> pi'C66l)tCC0, \ fol. XXXXIX. ' Ecclef. Laws,^c. Vol. ii. An. : MCCCLXIII. SS cc. Tom. XIII. col. 824. 869. See 3()5pcniii;r. Chefter Patents. Dr. Andrew's opinion in ^§. £cb8Cl-=33oolt( penes Regiftr. Diocef. Ceftr. 156 lElection anD institution. [P-\rt III. ss. cc. Tom. XIII. col. 1036. pecunid vel aliquo pretio alicui conferantur, ficut fiatutum efi in concilio Lateranenfi et Turonenfi. Eos qui contra hoc venerint decernentes, prceter poenas in condliis compre henfias, juxta prcelatorum arbitrium gravi poena plectendos." And the eighteenth canon of a Spaniffi council {incerti loci circiter A.D. mccxvi.) enacts, "cum arcftipresbgteratus fpiritualem jurifdictionem habeant ; difiricte prohibemus ne arcftipresbgteratus fub aliqua penfione ad terminum alicui concedatur." The office of Uean rural, now-a-days, in England is generally held durante epifcopi benepladto. But in the diocefe of Exeter it is an annual appointment, and in that of Winchefter it is the fame, in the inftance of the older inftitution (ftill nominally kept up) ; while in the new foundation, under Biffiop Sumner, it is of unlimited duration, as in the other diocefes of England. There are reafons, in the writer's opinion, why Ueans rural ffiould not be fo often as annually changed. To fay nothing of the improbability of all the clergy of any Ueanrp being equally well qualified, and equally conve niently placed to fulfil the duties of parochial vifitation (for where the office is annual it is ufually by rotation), it is fcarce poffible for any Uean, however well fituated with regard to the pariffies fubject to his infpection, and bent upon performing the duties of his ft,ation, to be really efficient of much good within fo ffiort a period of fervice as one year. He may infpect and order repairs, without doubt, but there is little chance of his feeing them executed before his ffiort-lived authority will have expired. In many cafes a fecond and a third parochial vifitation may be required, to infure the completion of neceffary alterations and reparations by churchwardens Sect. IIL] duration of ©ffice. 157 and others : and how can this be effected upon one confiftent plan by an ever-changing functionary?^ The Uean rural ffiould be appointed for an indefinite period — that is, for as long as the biffiop may think fit to depute to him the truft — which will generally be as long as the Uean is refident within the jurifdiction, and performs the duties of his calling to the fatisfaction of his employer — quamdiiife bene gefferit. In fome cafes it is neceffary to divide eftabliffied rural Ueanries into two, three, or four jurifdictions, according to their extent, and to allot a fuperintendent to each, in order to fecure the full advantages of parochial vifitation to every church and manfe, with as little trouble as pof fible to the biffiop's vicarious infpectors. But whatever the extent of fupervifion, whether over ten, fifteen, or twenty pariffies^ (few jurifdictions contain lefs than the firft or more than the laft number), in every inftance, the office will be more efficiently exercifed, if it be of unlimited duration. The circumfcribed period of his officialty deprives the annually-elected Uean of the great inducement to vigilance and activity, which the more permanent functionary enjoys in the confcious certainty of being able to carry forward and complete any required meafures of amelioration by his perfonal agency. (') I am told that the fyftem of annual election does not work well in the diocefe of Exeter. The refponfibility of the office is not duly felt, becaufe it cannot be effectively difcharged. (^) When the office was revived in the diocefe of London about ten years fince, the Biffiop did not deem it expedient to reftrict himfelf to the ancient divifion of the diocefe into DeanrieS ; but multiplied the number of officers fo as to give to each rural Dean the average number of ten pariffies. 158 lElection anD institution. [Part III. Atterbury's Ar chidiaconal Charge, MDCCVIII. Correfpoiidence by Nichols, Vol. II. ! The evils of the annual fyftem of election and change ; are pointed out by Dr. Atterbury in his archidiaconal Charge to the Clergy at Totnefs: and wherever the officer is fubject to yearly mutation, the advice of the archdeacon is worth attending to, as it fuggefts the only means of palliating an acknowledged imperfection :— "When Ueans rural are chofen," fays Atterbury, "it were to be wiffied that they would, as foon afterwards as conveniently they can, fet about the work, without deferring it, as they too often do, to the very time of the expiration of their office ; when they have neither leifure nor inclination to make due inquiries, or, at leaft, due prefentments upon them; but fatisfy themfelves with the promifes of the refpective perfons, incumbents, to fet j things right, without having time left fufficient to oblige I them to perform thofe promifes ; which are made again, perhaps, to the next Uean rural, towards the clofe of his office alfo, with as little effect as they were to the former: and thus dilapidations and the decays of churches in- creafe without end and without remedy \" (') I am informed by the venerable Dr. Barnes, the prefent Arch deacon of Barnftaple, that Biffiop Philpotts has requefted that the rural Deans of the diocefe of Exeter may in future remain in office for three years, the elections being triennial inftead of annual, in the four arch deaconries of Exeter, Totnefs, Barnftaple, and Cornwall. (2d Edit.) 159 florae Becanicae Ite^urales^ PART IV. '^tt personal ^Functions of Beans Hural. SECTION I. Introductory Summary op Personal Duties. P the perfonal duties of the oriental Uean rural (if we may fo call the Laodicean hepio- AEYTH2 — the fucceffor of the xnpEniZKonos) we have faid as much, in our preceding pages, as the brief notices of his office in the records of the Eaftern church will warrant. Referring the reader i to Part II. S. I. of the prefent work — to the copious \ s*"'"'". ¦^'"¦" ¦^ _ _ •"¦ mentsin^)f^mi notes annexed to Dr. Priaulx's Brief Account Sec. — to Suicer's T. E. in voce — -and to Balfamon, Zonaras, Ari ftenus, Juftellus, and Beveridge ad Can. lvii. Laodicen. reprinted in the ^ppcnUtx — for farther information re fpecting the oriental officer (whofe character is no otherwife known to us than by the canon of his primary inftitution, and the commentaries upon it), we will pro ceed at once to the perfonal functions of the occidental ! Uean, as exhibited in the definitions and gloffes of our : ableft canonift, Biffiop Gibfon, and the authorities cited,, ppfs^qq.'*" or referred to, in his Codex of Ecclefiafiical Law. Thefe defcriptions fummarily difpatched, we will Bevereg. Syno dic. Tom.I. pp.479, feqq. Tom.II. p. j98. 160 personal iFunctfons. [Part IV. Codex I. E A. Tit. XT II. C. VIII. Vol. n. p. 972. Deer. Greg. IX. L. I. Tit. XXIV. CIV. Tractatus de Prcecedentiis etPrislationibus Ecc/ejufticis,Quiett. VI. pp.38, 39, 40. afterwards take up the canons illuftrative of the office in detail — collected, with confiderable care, from the whole range of European councils, church-hiftories, and other authentic documents — and digefted and arranged upon fuch a plan as to afford the cleareft and fulleft informa tion refpecting the vifitational, fynodical, and other mul tifarious branches of the Uean rural's perfonal duty: — noticing, in our progrefs, any occafional points of refem blance between the eaftern and weftern ecclefiaftics, which a more particular examination of the Uecanal duties of the Latin church may call to our recollection in the gloffes of fcholiafts and commentators on the cliorepiscopal and perioUeutal of the Greek. "The proper office of a rural Ucan^, however confti tuted," fays Gibfon, " was the infpection of the lives and manners of the clergy and people, within their diftrict. in order to be reported to the biffiop." In the body of the canon law (already cited in the Latin, in Part ii. § i. p. 48.) it is fo defcribed ; and, in Dr, Field's verfion of (') The perfonal rank of the rural arc^preSfigter forms a queftion, feemingly, of difficult folutlon to the canonifts. After a brief expofi tion of the opinions of others, Michael Ferro Manrrique, a Spanlfh canonift, thus refolves it: — " arcj&ipresbgteri ruvales/w ^\i\>mi dicuntur eJfe in aliqua dignitate fialtem large,etiamfi conventum aut collegium non habeant; fed folum plebem fiuam et clericos ipfius, quibus preefint:" — his reafons being — "quia tales arcl)iprcsbgteri habent, qucilem jurifdic tionem, nedum in follicitudine et curd divinorum et plcfeantae, veriim in renunciando epifcopo, et ad ilium referenda cuncta, cjuce in plebibus acciderint." Inafmuch as they are "prcefides et prcelati et ordinarii et pojfunt minora negotia decidere tanquam judices /labentes jurifdictionem, et graviora referre, ergo pofiti fiunt in aliqud dignitate, &c.'' Laftly, touching precedency, he fubjoins, rural arcjbpriests " tanquam prcelati prcBcedunt omnes in ecclefiis plebis fuce, etiam rectores parochialium." Sect. I.] IntroDuctorg Summarg. 161 the fame title, in the following terms — " That each divi fion of the people of God in their feverall limits have their arcj&presbgter, who may not only take care of the rude and ignorant multitude, but may alfo with conti nuall circumfpection obferve and looke unto the life and converfation of the presbyters, which dwell in the lefier\ titles, andffiew unto the biffiop with what diligence each! of them performeth the worke of God. Neither let the I biffioppe contend and fay, that the people committed to ; his charge need no arcjbpresbgter, as if he himfelfe were \ able fufficiently to governe the fame ; becaufe, though he be exceeding worthy, yet it is fit he ffiould divide his burthens, that as he is over the mother church, fo the arcftprcsbgters may be over the people abroad, that the ecclefiafticall care ftagger not, or be not too weake in any thing. Yet, notwithftanding, let them referre all things to the biffiop, neither let them prefume to order j any thing againft his liking and decree." \ The like defcription of the office is alfo found in the \ Reformatio Legum, of which I quote Biffiop Kennett's ' verfion — forefeeing that I ffiall have occafion to cite many claufes of the Latin text in the fequel : — " That every Ueanerg ffiould have a rural arcSpresbgt£r appointed by the biffiop, or by the ordinary of the church, whofe office ffiould be annual ; who, as a watchman, ffiould ; continually fupervife the presbyters, deacons, church- j wardens, and fextons, that all of them difcharge their | refpective duty. Who ffiould inquire of all idolaters, heretics, fimoniacs, bawds, whores, adulterers, forni cators, perfons who had two wives or two husbands, forcerers, witches, calumniators, blafphemers, fodomites, drunkards, forgers, and perjured witneffes in teftamentary VOL. I. M _^__ Dr. Field o/rte Church, Booke V. p. 507. See Morin. De Sacr. Ordinal. P.m. Exerci- tat. XVI. de 5(cri)i)3i'C§b. cap.n.p,217. x. Thomaffin. V. et N. E. D. P.I. L. II. c. VI. pp. 226, feqq. naaren.DeS.E. M. ac B. L.I. c. VIII. p. 22. Reformatio LL. Ecclef.Tit. ie Ecclefia et Mi- niftris ejuf. c V. Parochial Anti- quities. Vol. Ii. p. 308. 162 personal ^Functions. [Part IV. Codex I. E. A. Vol.ii.Tit.xLU. cap.viil. p. 972. caufes, and all violators of the ecclefiaftic laws, and the injunctions of the biffiop. And ffiould have authority to cite before them and to examine all perfons fufpected of fuch crimes ; and then within ten days ffiould return in writing to the biffiop or ordinary of the place the whole matter of the accufation, whether by public fame, or attefted by the depofition of witneffes, or juftly fu fpected. And if any perfon refufe to come to him when duly cited by the apparitor, he ffiall be cenfured as con tumacious, &c. And within every fix months the faid rural Uean ffiould inform the biffiop or ordinary of the place, how many fermons had been preached in his Ueanerg within that fpace of time." " And where, in the plan that was under confideration ann. mdlxii." continues Gibfon, " the fame duty is laid out, it is expreffly added, — But the faid Uean not to deter mine any thing in thofe matters." "This report to be made to the biffiop concerning the manners of the clergy, and people, rendered them neceffary attendants on the epifcopal fynod or general vifitation, which was held for the fame end of infpecting in order to reformation : and they might on account of the informations given by them be fometimes called Tefies Synodales ; but not, I conceive, exclufive of the Tefies Synodales properly fo called, or that ffiefe fuc ceeded the rural Ueans in the office of detecting (however thofe things have been affirmed); fince they have no fuch title given them, in any canon or conftitution, that I have met with ; and it is alfo certain, that the calling- out the Tefies Synodales at fynods, was in practice long before the declining fiate of the rural Ueans." (See Sec tion III. Editor.) Sect. I.] IntroDuctorg Sutnmarg. 163 " But however, at firft, the office of rural Ueans was merely infpection ; by degrees they became poffeffed of a power to judge and determine in fmaller matters; and therefore, upon the forementioned rule of the canon law, (quoted entire, with its glofs, in earlier pages, from the council of Pavia ^.D. dcccl.), at the words cuncta tamen referant ad epifcopum, the glofs defcribes the im provement of their power by cuftom, prceter minora, quce ipfi arcfttpresbgteri determinare pojfunt, cum haheant ordi nariam jurifdictionem : — which is, in effect, the fame con ftitution that we find in the laws of Edward the Con feffor, concerning the Decemvir, or the Head-man of every tything, in the ftate : Ifii inter villas et vicinos caufas tractahant, et fecundum forisfacturas emendationes capiebant, et concordationes faciebant, videlicet, de pcfcuis, pratis, mefiihus, et de litigationibus inter vicinos, et innu- meralibus hujufmodi decertationibus, quce humanam fragili- tatem infefiant, et eam incejfanth oppugnant. Gum autem caufce majores erumpebant, referebantur ad fuperiores eorum jufiitiarios, &c. "This then was thefiandingo^ce of rural Ueans, — To infpect the manners of the people and clergy, to determine leffer matters themfelves, and to report the reft to their ecclefiaftical fuperior \ But, as to other branches of power (fuch as inductions, inquifitions de Jure Patronatus, cuftody of vacant benefices, trial of caufes by delegation, and the like) which have been (1) — " Recogitare debent arc5ipres6steri,7e eJfe conftitutas paftorum et ecclefiafticarum fui diftrictus pajiores; ipfarumque parochiarum vice-epifcopo directiani intendere ; ut vel ipfi defectus corrigant, vel ad m,inus epifcopum de omnibus plene inftruant." Editor. m2 Deer. Greg. IX Lib. I. Tit. XXIV. c. IV. Editor. Leg. Edward. Confefs. c. 32. Editor. Kennett's Paro chial Antiqui ties, Vol. n. Editor. Van Efpen LE.U.V.\. T.vi.c.in.p.30.Editor. 164 personal dFunttions. [Part IV. placed to their account, as branches of the office ; in thefe they feem only to have been occafionally employed by their ecclefiaftical fuperiors, to whom they fwore obe dience at their admiffion. And therefore the faying that they were yome^mes employed in fuch matters, would have been lefs apt to mislead the reader, than the repre- fenting fuch duties, wherein they were but occafimmlly employed, as powers of right belonging to the office." " It hath been alfo affirmed, that parochial vifitations are part of the office : and it is true, that where the Lateran council determines the retinues of vifitors, and allows to archdeacons five or feven horfes ; it is added, irecant confiituti fub epifcopis (al. ipfis, in marg.) duobus equis contenti exijtant: but I may venture to fay, that, though the faid Lateran canon is transferred by the bulli into the canons of the council of London, ann. mcc ; yet in all the Provincial and Legatine Conftitutions, or the gloffes upon them, there is not the. leaft intimation of their being parochial vifitors, or their having any con cern therein ; which work, by the whole tenor of them, is fuppofed to belong wholly to archdeacons, as the legal adminiftrators of that branch of the epifcopal jurit diction." Hitherto Biffiop Gibfon and his authorities. — But, perhaps, it -will not be going too far in the humble col lector of thefe notes on the Uecanal office of tfie countrg, to fay, that the learned canonift, in the foregoing ftate^^' ment, is at iffue with other antiquaries, and poffibly miftaken. It is difficult to fay what were permanent powers of right, and what of temporary delegation. Strictly fpeak ing, the former were very few ; and, fuch as they were, Sect. I.] IntroDuctorg Sumraarg. 165 Van Efpen Jur. Ecclef. Univ. Part I. Tit. VI. cap. V. p. 31. perhaps, more extenfively annexed to the office on the continent than in England, and in fome places here than in others ; and fo feeming contradictions may be recon ciled. "Circa hcec aliaque jura et officia arci)tpresbgterorum notandum, ilia plurimilm ex confuetudine, et infiructionihus, feu facultatibus, quce arcfitpresbgterts in fingulis dioecefibus dari confueverunt, dependere et variari; aded ut ex con fuetudine aut decreto unius dicecefis quoad fimilia ad alias dioecefes ordinarie non liceat inferre." . Mr. Somner acknowledges the undefined nature of the ^ntiquuies of ^ .f I Canterbury, office of Ueans ruial. " Their jurifdiction," fays he, " for iP^^i. pp.175, ought that I can find, is not fo certain, nor particularly [ laid down any where, as it can be faid to be, of this or | that form, or to be thus or thus bounded out. And therefore as they are generally amotive, and removeable ad nutum confiituentis, fo is it arbitrary to the fuperior that ordains them, I fuppofe, with decency and order, what charge or bufinefs they ffiall undergo." Be their powers what they may — we judge of them alone by their exercife ; and however fubordinate our rural ordinary may at all times, and in all places, have been, the great machine of ecclefiaftical difcipline having been principally conducted and applied by his agency in country diftricts, he muft be viewed as an important perfonage in the by-gone days of his plenary jurifdiction — fuch as the following pages will ffiew him to have once poffeffed at leafi by epifcopal commiffion. An officer to whofe perfonal vigilance, fubordinate to, or a-part from, the archdeacon, as the cafe might be, the biffiop con- figned the vicarious vifitation of the rural cantonments of his diocefe — the fupervffion of the clergy therein as to manners and function — the detection of vice — the 166 Personal ipunctions. [Part IV. fupport of churches and ecclefiaftical manfions — and the care of all things which concerned the public worffiip of Almighty God — cannot have been other than a moft influential member of our rural church-police, while capacitated to fulfil and actually difcharging fuch grave and vital duties ; and, in the ratio of his then importance, an interefting fubject of antiquarian inveftigation to modern ecclefiaftics. Sect. II.] ^arocibial 'Visitation. 167 SECTION II. Parochial Visitation. O begin with an effential branch (as the writer believes) of the Uean rural's perfonal functions — the cardinal duty on which nearly all the reft depend — parochial vifitation : — Never at any period, according to the compiler of our Codex of Church Law, did the rural arcfipresbgter attain to the right of parochial vifitation ; though a parochial vifitor, by epifcopal delegation, he has ever been, in every Chrif tian country, from his firfi eftabliffiment to the prefient time. "^rcj&tpresbgteriS_y2iJe Uecanfs ruralibus incumhere curam parochiarum fuorum refpective difirictuum extra dubium efi',' Van Efpen obferves, " adeoque jus efi arcfiipresbgteris vifitandi dictas parochias, quoties id neceffarium aut utile videbitur, ut dehitam parochice notitiam habere queant" " Touching the power and authority of thefe arcfipres- bgters," fays Dr. Field, " . . . . they were twife in the year to vifite all the churches within the limits fubject to them, to fee what was there amiffe, defective, or weake, that fo they might either reforme, fupplie, or ftrengthen the fame." " By cufiom warranted by lawf Mr. Somner writes, "many of them had a kind of jurifdiction^ to vifit their (') Dr. Godolphin enumerates the feveral officers, to whom, under the biffiop, the due execution of ecclefiaftical laws is entrufted, and who " are to Gibfon's C. I. E. A. Vol. II. Tit. XLII. c. VIII. p. 972. Jur. Ecclef. Univ. Part I. Tit.vi. cap.v. p. 31. Of the Church, Booke, V. p. 507. Antiquities of Canterbury, Part I. p.l76. Repertor. Canon. Appendix, p. 3. (12)_p.7.(!i5.) 168 personal ^functions- [Part IV. Ancient and Prefent Church of England, V.l. c. VIII. p. 64. £K«. ScbfCt- ^ooiex Regiftr. Diocef. Ceftr. p. 73. Parochial Anti quities, Vol. II. p. 360. Ueanrg, and to inquire of crimes and defamations hap pening in the fame, efpecially by the clergy, and to take cognifance thereof; correcting, for the fmaller offences, by themfelves ; and for the reft, referring them to the fuperior, the biffiop, namely, or archdeacon, at the next fynod, chapter, or vifltation, reporting unto them what they found, like as did the Irenarchce and Apparitores of old, their notoria to the magiftrate." " They had power to vifit and hear caufes," fays Mr. Johnfon, " and a fort of authority, latterward, to correct delinquent clergymen, but not to proceed to cenfure, &c." Such an opinion, again, in modern days, the learned civilian Dr. Andrews expreffes : — " They had by law tk right of vifitation both of the laity and inferior clergy. : In fmaller matters they had a right of judging ; but in I thofe of a higher nature, they were to refer to the bifliop, 'and to follow his directions. They had an ordinary I jurifdiction within their Ueanries : their attendants at the time of vifitation were reftrained, and their demands of procurations regulated by the canon law." This early capacity, by Biffiop Kennett alfo denomi nated a right of vifitation, and ftated to have been long retained, and exercifed ex confuetudine over all the churches, as well as clergy, of their Ueanries twice a-year (for all vifitations were at firft parochial), Gibfon, as to make infpection into the manners of each particular diocefe— the chancellor, commiffaries, archdeacons, officials, and DeanS rural." And then (25) he fays — " for the government of the church, and correction of offences by the aforefaid officers, vifitations of pariffies and diocefes were allowed, that fo all poffible care might be taken to have good order kept in all places of the diocefe." See alfo Molanus de Canonids, L. II. C.VIII. pp. 158-9. Sect. IL] i^arocfiial 'Fisitation. 169 I have faid, altogether denies to Ueans rural in England. " In all the Provincial and Legatine Confiitutions, and the glq/fes upon them," writes the canonift, " there is not the leaft intimation of their being parochial vifitors^, or having any concern therein." Here, however, Mr. Whitaker afferts the biffiop of London to have made " a great miftake ;" for that the rural Uean, as the ordinary and prelate of his Ueanerg, like the archdeacon and biffiop, perfonally vifited every bene ficed clergyman and church ; and, like them, had a right to a procuration from each, or one day's entertainment for himfelf and his attendants. And affuredly, unlefs invefted by the biffiop with a vifitatorial capacity, in fome fenfe or other of the term, rural Ueans could not have performed their duties of infpection in aidance of their fupreme head, the urban diocefan: — acting in whofe name, the primary objects of their office was to examine the demeanour of the clergy and the conduct of the laity, and to promote the important interefts of religion (') Archbiffiop Peckham feems to acknowledge them as parochial vifitcyrs in his letter to Anian biffiop of St. Afaph (A.D. mcclxxxiv.), hereafter quoted. He orders them to be procured for by the rectors and vicars of the diocefe. In Lyndwood's glofs upon the words alii ordinarii in Archbiffiop Stratford's vifitation conftitution (A.D. mccclxii.), rural Deans are not excluded, though, it muft be confefTed, they are not named. The glof- fographer writes — ^^archidiaconis cequales, et inferiores eis" — which explanation will affuredly admit Decanal orDinarieS. See the Meath Con ftitutions, IV. V. VI. beyond. See Dr. Phillimore's opinion on the power of rural DeanS to exercife injpection by authority of the biffiop in the diocefe of Lincoln. Ecclef. Gazette, p.l64. March 1839. N°. 9. Codex LE.A. Tit.XLIi. C.VIII. p. 972. Hiftory of Man chefter, Vol. II. pp. 384. 394. cc.M.B.etH. Vol.11, p. 105. Provincial. Lib. III. Tit. XXII. p. 224. Appendix, Lincoln Documents. 170 personal ipuncttons. [Part IV. Jur. Ecclefiaft. Univerf. P.I. Tit. VI. cap. III. p. 30. Boehmer. Juf. Ecclef. Proteft. L. III. Tit. XXXIX. § XXIII. Codex I. E. A. Tit. XLII. c. VIII, Vol. II. p. 969. Bingham O.E. B.n. c. XXI. s. 9. in both : and the fecondary, to infpect the ftate of the ftructure, and the condition of the furniture, in the rural churches ; and to keep the ecclefiaftical houfes in good repair. " Cum arcfitpresbgteri omnibus pafioribus et eccle tiqfiicis fui difirictus fuperintendere, et invigilare debeant," fays Van Efpen ; " attendere quoque, num nihil in parochiis fibi fubjectis, ad earum debitum regimen et curam anima rum fpectans negligatur; nihil evidentius, quam inter primas arcfitpresbgterorum ohligationes, effe parochiarum fibi fub- jectarum exactam, et frequentem vifitationem, qud medi ante in notitiam parochiarum venire, et corrigenda corri gere, aut ad epifcopum corrigenda referre queant." I am inclined to believe that they were parochial vi fitors of very early days — eftabliffied, in all likelihood, at the abolition of the cfiorepiscopt to this department of office : — ^nay, as pertoUeutse, with whom, in earlier pages, we have endeavoured to affimilate them, they were effentially vifitors — " epifcoporum vicarii, qui regiones epifcoporum circumibant et vifitabant, auctoritate quddam epifcopali, qud etiam defectus emenddffe, et alia quce vifita- tionum necejfitas pofiulahat, peregijfe videntur'.' Vifita tion was an attribute of their office even before it was delegated to the principal deacons ; who, under the title of archdeacons, at their original inftitution, had no relation to the rural diocefe at large, but only to the epifcopal fee. But that rural Ueans or arc6presbgters, or even perio= UeutK, ever parochially vifited their fubject churches otherwife than by exprefs or implied permiffion and authority of their diocefan, I am far from affirming : — indeed, there is not a tittle of evidence, that they ever Sect. II.] Parocjial Fisltation. 171 exercifed this, or any other branch of duty, except as epifcopal delegates " in fubftitution and vicarage." So true is it, as afferted by Richard, that rural arcfipresbgters, Ueans rural, and foraneous btcars, act not, " nifi per com- mifiionem, quce ad epifcopi nutum revocari potefi;" like their archetypes the hepioaeytai of the eaft, of whom Boehmer fays, "Hi vicarii d nutu epifcoporum dependehant, omnia ad epifcopum referebant, et auctoritate epifcopi per dioecefin drcumihant." (loc. citat.) In this delegate capacity, prebyters acted as i)tstta= tores at a very ancient date, in the Weftern church, as they did under the title of perioUeutse in the Eaft. See Routh's Reliq. Sacrce, Vol. iii. pp. 348, 382 ; and notes to Priaulx's 'SCreatise, N°. xxxiii. The biffiop had power granted to him by the fourth council of Toledo^ {A.D. (') According to the decree and direction of the Toledo Council, " we ffiall find," fays Dr. Field, " that biffiops hindered by other em ployments, fickneffe, weakneffe, or age, fo that they could not go in perfon to vifit their churches, fent fome of their chiefe presbyters or deacons, but efpecially the chiefe deacons, to performe the worke of vifitation for them ; becaufe they being the chiefe among the deacons, which are but church-fervants, were more attendant about them for difpatch of all publick bufineffes, than presbyters. Thefe chiefe deacons, or archdeacons, at firft they fent onely to vifit, and to make report, but not to fententiate any man's caufe, or to meddle with the correcting or reforming of any thing ; but afterwards in proceffe of time they were authorized to heare and determine the fmalleft matters, and to reforme the lighter and leffer offences : and therefore in the councell of Laterane under Alexander the Third, it is ordered that the archdeacon ffiall not give fentence againft any one. But in the councell of Rhoane it is appointed, that the archdeacon and arc^pres^st*'^ ihsW be fore-runners to the biffiop, and ffiall reforme the lighter and fmaller things they finde to be amiffe." " Hence Analyfis CC. Gen. et Part. Tom. III. p. 36. H. D. R. Vol. II. Slppcnbi^'.SarumDocuments. SS. CC. Tom.vI, col. 1461. Of the Church, B. V. p. 509. 172 i^ersonal ^fpunctions. [Part IV, Ecclef. Cafes, Vol. I. p. 77. OT.CaTom.vii. col. 398. De Difciplin. Ecclef. Lib. Ii. No. LVII. DCXIII.), of invefting presbyters or deacons, vicarioufly, with the exercife of parochial vifitation : — every diocefan being, by himfelf or deputy, obliged to vifit annually all the churches and pariffies of his diocefe. " Quodfi ipfe aut languore detentus, aut aliis occupationibus implicatus, id explere nequierit, presbyteros probabiles {probabilis vitce. Burchard. L. i. c. lxxxvii.) aut diaconos mittat, qui et reditus bqfilicarum, et reparationes, et minifirantium vitam inquirant:" Can. xxxvi. — "which is the original," fays Biffiop Stillingfleet, "of the archdeacon's vifitation;" and, I would add, of the Uean rural's, in the Latin church. The council of Chalon in France protects the paro^ chial clergy from the intruflon of civilians in the cha racter of vifitors (at variance alike, fays the canon, with eftabliffied cuftom, and canonical regulation) unlefs fpe- cially invited by the arcjprcsbgter of the diftrict; — which would indicate that the local clergy were, there and at that time, fubject to the latter's peculiar and exclufive infpection under the diocefan biffiop : Can. xi. In the fame office of perfonal vifitation Rheginon affociates the arcfipriest with the biffiop and archdeacon at a later date. Agreeing, then, with the biffiop of London in his " Hence in time it came, that archdeacons much ufed by biffiops, as moft attendant on them in the vifitation of their churches, and reforming, fome fmaller diforders, at length by prefcription claymed the correction of greater things, as having of long time put themfelves into the exer cife of fuch authority. And thus the deacons, or at leaft the chiefe of them, the archdeacons (which at firft might not fit in the prefence of a presbyter, but being willed by him fo to doe) in the end became, by reafon of this their employment by the biffiop, to be greater, not onely than the ordinary presbyters, but than the arcJpreS^literS themfelves." &e. — See Biffiop Marffi's Charge to the Clergy of Peterborough, mdcccxxiii. pp.16, feqq. Sect. IL] i^arocliial Visitation. 173 unqualifled negation of all power in rural Ueans to vijit de jure (if fuch be the author's meaning in the above- cited paffage) independent of the diocefan, at leaft in England (for to the canons and cuftoms of his own country alone Gibfon alludes); we will proceed to adduce, in chronological order, fuch memoranda of vifitational meafures conducted by Ueans rural, as the councils of Great Britain and the continent prefent ; in order to ffiew the important fact, that they did vifit " by fubftitution and delegation " under the fanction of the church^ — beginning with a curious manual of inftruc tions to Ueans — (" Capitula quibus de rebus magifiri et Uecant perfingulas ecclefias inquirere, et epifcopo renuntiare debeant") from Hincmar, archbiffiop of Rheims, bearing date A.D. dccclii. — the earlieft, I believe, on record for regulating rurt-Uecanal inquiries by vifitation. From this document, which the reader will find in the ^ppenUfx, it is evident that rural Ueans, eftabliffied in their Ueanries, made annual parochial vifitations in France, in the middle of the ninth century : and, from the obligation impofed on them to deliver yearly in July their vifitational returns to the archbiffiop, may be inferred the vicarious cha racter of their infpectional journeys. Out of this Hhemiih formula of the middle of the ninth (') The power of the diocefan biffiop to delegate to arcSprcShgterS rural his vifitatarian right of parochial infpection, as often as may be expedient for the due confervation of the churches and manfes of his diocefe, cannot be doubted — when he can do it to any presbyter-rural ; — and the fame is capable of fuch a commiffion of vifitation. The biffiop of Chichefter authorifed two clergymen (A.D. mdclxxxvi.) to vifit every church, parfonage-houfe &c., within an archdeaconry of his diocefe, and to make their return to him, or his vicar-general. Hincmari Oper. Tom. I. Capitula et Coronatiimes. 5*. CC. Tom.x. col. f>, feqq. Boehmeri Jus Ecclefiaft. Pra teftant, Lib. III. Tit. XXXIX, §XXXV. (Commiffio pro vifitatione pa rochiali.) Gibfon Cod. I.E.A. Append. p. 1550. XVIII. 174 personal ^Functions. [Part IV, SS cc. Tom. XIII. col. 419. can. IV. Annal. R. de Hoveden Script, po/t. Be dam, p. 807. r. et. N. E. D. de B. P. III. L. II. c. XXXIII. V. III. p. 376. Collier's Ecclef. Hift. Appendix, /^.D.MCLXXXII. Hen. n. 29. century, probably, fprung the more copious inftructions of Rheginon towards its clofo' — ¦" Infiructio de his, quce in \ vifitationihus ecclefiarum epifcopum vel ejus minifirosper vicos, pagos, et parochias fuce dicecefeos inquirere olim oportuit." The latter table is fuppofed by Baluzius ad Reginon. p. 533. to have been in general ufe in Weftern Europe; though the abbot of Prumia compiled his Difciplina Ecclefiafiica, more efpecially, for the German churches. The celebrated council of Rome under Alexander 111. {A.D. MCLXXIX.) writing expreffiy on the fubject of vifi tation, and confirmed by our own provincial council of London {A.D. mcc), under Archbiffiop Hubert, and by the Legatine Confiitutions of Cardinal Othobon {A.D. MCCLXVIII.), fets a limitation to the vifitatorial retinue of rural Ueans, as well as that of fuperior church-dignitaries : — "Quodrca fiatuimus quod archiepifcopi parochias vifi- tantes, pro diverfitate provindarum et facultatibus eccle fiarum, quadraginta vel quinquaginta evectionis numerim non excedant : cardinales verb viginti quinque non exce- dant (thefe are omitted at London) ; archidiaconi quin que aut feptem ; Uecant, confiituti fub ipfis, duobus equis eodfiant contenti." And why ffiould the canon be thus reftrictive upon the latter functionaries, if they never vifited parochially ? '^ His omnibus," fubjoins Thomaflin, "jus erat vifitationis et procurationis ; " and to all alike is forbidden, in their retinue, the ^accompaniment of ( ' ) Three years after this council of Lateran, the following curious indulgence to the Berkffiire clergy was iffued by Pope Alexander : — "ALEXANDER PAPA CLERICIS, PER ArCHIDIACONATUM BeRKESIRE CONSTITUTIS, INDULGET NE CaNES, VEL AcCIPITRES Archidiacono exhibeant. " ALEX- Sect. IL] Parochial Visitation. 175 hounds and hawks, frequent appendages of dignity in thofe days, both in lay and clerical life : " nee cum cani- hus venatonis et avihus proficif cantur, fed ita procedant, ut non qu<2 funt fua, fed quce Jefu Chrifti queer ere videantur: nee fumptuofas epulas qucerant, fed cum gratiarum actione redpiant, quod honefi^ et competent^ fuerit illis minifira- tum." And to archdeacons and rural Ueans, in parti cular, exactions on the clergy are ftrictly inhibited in the fequel of the fame council — " Archidiaconi verb, five Uecant nullas exactiones, vel tallias^ in presbyteros, five clericos exercere prcefumant." See Boehmer " de cenfihus. " ALEXANDER EPISCOPUS, fervus fervorum Dei, dilectis Filiis Clericis, per Archidiaconatum Berkefire conftitutis, Salutem et Apofto- licam Benedictionem. " Cum, nobis fit, quamquam immeritis, omnium Ecclejiarum cura commiffa ; ficut officii noftri debito, cogimur provider e ne fiubditi fiupe- rioribus debitam reverentiam fubtrahant et honorem, ita quoque volumus prcBcavere, ne a majoribus fubditi valeant indebite prcegravari; ea propter, quieti veftree paterna Jbllicitudine providentes, auctcn-itate vobis Apaftolica i?uiulgemus, ne Canes vel Accipitres ARCHIDIACONO veftra cogamini exhibere, nee eum pluries, quamfemel in anno recipere, tunc ei per diem unum et nactem neceffaria miniftraturi, cum feptem tantum equitaturis, et perfanis totidem, et tribus fervientibus peditibus. " Nidli ergo hominum liceat hanc paginam naftrce concejfionis infrin- gere, vel ei aufu, temerario contraire. " Si quis autem hoc attemptare prcefumpferit, indignationem Omnipa- tentis DEI, et beatarum Petri et Pauli, Apoftolorum ejus, fe naverit incurfurum. " Dat. Lateran. viii. KL. Martii. " Filis fericis coloris ftavi." (^) Tallia — " Cenfus vel tributum quod virithn exigitur." Spelman. Gloff". Arch, in voce. " Exactia, impofitio " — Ducang. Glofs. M. et I. L. in voce. 176 Personal ^Functions. [Part IV. cc.M.B.etH. Vol.11, p.l 51. exactionibus et procurationibus," in Jus Ecclefiafiieum Pro- tefiantium, Tom. iii. Lib. iii. Tit. xxxix. § ci. p. 633. All thefe vifitors, as above ftated, were allowed their cuftomary procurations, originally in provifions, but fub fequently in pecuniary compofition^; the churches to be vifited having the privilege of withholding payment unlefs the duty of vifitation was duly performed ; " cum procuratio aliud non fit',' fays Peter Quivil in the Exeter fynod (.4. D. MCCLXXXVII.), "n^^^«/?ento^io vifitantis." To the like purport a continental fynod of the fame year {Statuta Synodalia Ecclefice Meldenfts {A.D. mcclxxxvii.), in its twenty-fifth canon, writes — " Prohibemus ne archi- Whitaker's Hift. of Manchefter, Vol.11, p. 385. See alfo John fon's Eccl. Laws, V. n. A.D. MCCCXXXVLnote. Sext.Decr.Jt.in. Tit. XX. c.l. Gibfon's Codex LE.A. Tit.XLIi. cap. III. p. 958. (') Vifitational procuration became gradually fo fixed and certain, that it was frequently redeemed, or changed into a pecuniary payment, obferves Mr. Whitaker, as early as the year mcc. ; and has long fettled into a pofitive fum. It was very wifely appointed at firft, as a provifion for the maintenance of the ordinary and his attendants during the time of vifitation, and to preclude that natural fear of expence which might abridge the frequency, and contract the particularity, of this ufeful exer tion of difcipline. But this end is now anfwered no longer. The firft departure from the defignation reduced it into a pecuniary payment. Cuftom foon afcertained the particular fum. And the lowered value of money has rendered the latter infignlficant. It is no longer fufficient for the purpofes, for which it was originally impofed. And the very ufeful, the parochial, vifitation has therefore contracted itfelf into little more than a formal and hafty one by Deaneries. Vifitations are now, for the moft part, fynodal, and not parochial — in confequence of the vifitor availing himfelf of the indulgence which the law grants in fpecial cafes, where every church cannot be conveniently repaired to : " et Ji commode vel abfque difficultate accedere ad unamquamque nan poterit; de pluribus locis ad unum congruum, cle^ricos et laicasftudeat convocare, ne in illis vifitatio poftponatur," Prom this indulgence, and the great extent of diocefes and jurifdictions beyond what they originally were, grew the cuftom of citing the clergy and people to attend vifitations at particular places. See Gibfon's note ad can. lx. (A.D. mdciii.) Sect. IL] i^arocfiial 'Fisltation. 177 diaconi vel Uecant rurales aliquas exigant procurationes, nifi legitime vifitaverint. Prohibemus fub poena fufpenfionis fuhditis eorum, ne folvant procurationes, vel aliquid loco procurationis, nifi legitime vifitantibus. Ita cum requifiti fuerint, fuper hoc,fi opus fuerit, fidem fadant facramento, ne prcedicti archidiaconi vel Uecant numerum in Lateranenfi condlio corifiitutum excedant. Et moderatas fadant ex- penfas, ne longi temporis victum brevis hora confumat." And another fynod at the fame place in its ninety-fourth canon, de procuratione Uecanorum — "prcecipimus presby teris omnibus ne redpiant Uecanos ad procurationes, nifi cum duobus equis; quod fi contrarium factum fuerit, contra presbyterum et Uecanum graviter procedemus." Reftrictions are indifcrimin'ately jjaffed on archidia conal and Uecanal vifitations by the councils of the day ; — that they be not onerous to the clergy in point of expence ; while, at the fame time, it is enacted, that, at all events, they be performed. So, that of Le Mans {A. D. MccxLVii.), in its canon de officio Uecanorum, orders, ^'ut Uecant quamlihet fibi fubjectam ecclefiam vifitent annu- at\m perfonaliter et prioratus : etfi procurationes voluerint omittere, nullatenus tamen vifitationem omittant." That of Saumur {A.D. mccliii.) not only confirms the canons of earlier fynods, pertinent to thefe matters, obliging the functionaries in queftion to an obfervance of them, but particularly, and by name, forbids to rural arcfipriests the fubftitution of officials in parochial vifitation, perfonal miniftration being their bounden duty. The canon de ofijido arcfttpresbgterorum of the fynod of Clermont {A.D. mcclxviii.), fo corroborative of the vifi- tatorial power, and declaratory of the points of inquiry, to which the attention of the Ueans was to be directed. Thefaur. Anec- dot. Tom. IV. col. 897. col 906. S'atuta Synoda lia Ecclef Ceno- nianenfis. Thef Script. Veter. Tom. VII. col. 1401. SS. CC. Tom. XIV. col. 138. can. VIII. SS. CC. Tom. XIV. col. 399. can. VIII. 178 Personal iFunctlons. [Part IV. claims our fpecial notice : — " Statuimus ut arcfifpresbgteri quamlihet fibi fubjectam ecclefiam vifitent annuatim perfo naliter. Et fi procurationem omittere voluerint, nidk- teniis tamen vifitationem omittant. Item inquirant fum- marih de omnibus notoriis : etfi quid efi quod fcandahm generet ibidem in populo, five clero, et quod per fe non poterunt corrigere, nobis vel offidali nofiro referant infra menfem : ut fecundum relationem ad plenam inquifitimem defcendamus, et corrigamus, ficut nobis videbitur expedire. " Item qucerant, utrum ecclefiis vel prioratibus impofites fuerint novce impenfiones ab abbate, vel ab alio aliquo, abfque confenfu nofiro. Etfi invenerint, nobis renuncient fidelitk abfque mora. "Item prcecipimus, quod arc^tpresbgieri, quandb procu rationes redpiunt, duorum equorum numerum non excedant, prout in Lateranenfi et in provindali concilio efi fiatutum. Etfi excefferint, procuratio denegetur." The canon then proceeds to prohibit them meddling with judicial caufes without fpecial mandate, on pain of excommunication ; or uttering interdict or excommunication, except by the authority of their fuperiors, &c. The fynod of Saintes (.^. D. mcclxxxii.) forbids all pecuniary compofition, (which had, indeed, been pre vioufly reftricted till after vifitation performed, for fear of abufe), and enjoins archdeacons and arcfiprtests to be fatisfied with two fercula by way of provifion, to fojourn with the vifited only one night, and to abftain from ex tortion of every kind. That of Liege {A. D. mcclxxxvii.) orders, that no allowance whatever be made to the fame i perfonages " ratione vifitationis, nifi ad ecclefias fpecialitk viRtationis causa venerint vel accejferint." " etcum archidiaconi vel Uecani rurales vifitaverint," fays another Slat. Synod. Ecclef. Leodi enfis, can. VI. SS. cc. Tom. xiv.col. 1135. XIV. III. See alfo Thefaur. Anecdot. Tom. IV. col. 494. Sect. II.] i3aroc|)ial 'Visitation. 179 canon of the fame church, " et ad aliquam ecclefiam per- venerint, quce vifitanti per fe ad aliqua non fuffidt, tunc duas vel plures conjungant, et eas uno die vifitent, et tunc expenfas illius vifitationis ab ipfis ecclefiis vifitatis pro rata cujuslibet redpiant, nee aliquam pecuniam ab ipfis ecclefiis habeant, quam quod expenfce illius vifitationis yo/vawter." In the diocefe of St. Afaph (J.I>. mcclxxxiv.), the rural Ueans or local officials are ordered, by the letter of Archbiffiop Peckham, addreffed to the diocefan biffiop and clergy, to be procured for by the rectors and vicars — "Uecanos verb rurales vel officiates locales volumus a rectoribus et vicariis procurari, nifi forte ah iifdem pro necefiitate aliqud invitentur." See alfo the Chichefter Synodal Statutes of Biffiop Richard de la Wich {A.D. MccxLvi.) — Archbiffiop Stratford's Vifitation Canon {A.D. McccxLii.) — Lyndwood's glofs in v. alii ordinarii ; and the " Infiructio iSecanorum tam in curfu vifitationis, quam extra," in the Statuta Synodalia Ecclefue Meldenfis {A. D. McccLxv.), in our appenUtx. But the moft important of all documents, in corro boration of the vifitatory capacity of rural Ueans, or, at leaft, fecond only to the quoted canon of the great La teran council (^.D. MCLXXIX.), is the "Confiitutio Bene- dicti PP. XII. fuper procurationibus vifitantium" {A.D. Mcccxxxv.) — wherein, among the procurations of other ecclefiaftical vifitors, thofe of rural Ueans, " qui in aliquibus regionibus arcfitpresbgtert nominantur," are authoritatively regulated and eftabliffied,— the fame being in England the fum of ten turons, at the rate, as the Pope informs us, of twelve turons to the floren of Florence {is. id. Spelman in v.). The paffage is fo explicit on the fub ject, that I extract it:— "Illud quoque, quod archidiaconis n2 cc. M. B. et H. Vol. II. p. 105. cc.M.B.etH. Vol.1, p. 690. Provincial. p. 224. Thefaur. Anec dot. Tom. IV. col. 926. cc. M. B. et H. Vol. II. p. 580. Jobnfon*s Eccl. Laws, Vol.u. ann.MCCOXXXV. SS.CC. 'iom.x^. col. 424. 180 Personal ;iFunctiottS. [Part IV. ss. cc. Tom. XIX. col. 43. fuperiiis duximus ordinandum, locum habere volumus in Uecanfs, prcepofitis, aliifque perfonis ecclefiafiicis fuperih non exprefiis, quibus vifltationis officium et procurationis receptio ex privilegia apofiolicce fedis, vel de jure, feu de cm- fuetudine, competere dignofcitur : Uecanfs ruralfbus dumtaxat exceptis, qui in aliquibus regionibus arcSfpresbgterf nominan tur; circa quos, in receptione hujufmodi procurationis, id quod fiatutum efi de aliis arcj&ipresbgterfs, volumus obfervari." Nor are their vifitational dues forgotten in the plan of reformation, compiled by the biffiop and chapter of Liege {A.D. mccccxlvi.), and confirmed by Pope Ni cholas V. Two new fpecies of perquifites are there. allotted to our Ueans of ©Sristfanitg, entitled cathedrati- cum and obfonium ; but they are to be fatisfied with a quarter of the archidiaconal dues : — " Ne Uecant <&^xi%- tfanitatum" (called in the next claufe 'Uecani rurales') "fub colore vifitationis ^cfo, vel illius remijfione redpiant de fuis quartis capellis pecunias annuas, nifi perfonaliter vifita verint, et cum effectu. Et tunc fient contenti quartd parte illius, quod archidiaconis pro integrd ecclefice vifitatione dele- tur. Et idem volumus obfervari infolutione ohfonii et cathe- dratid ipfarum quartarum capellarum dictis Uccanfs fa- ciendd." Before we finiffi what is hitherto unnoticed, in coun cils of later date, of the infpectional duties of Ueans rural, we muft recur to the famous Iriffi Confiitutions (firft publiffied by Archdeacon Wilkins from a M^. in the biffiop of Clogher's poffeffion); in which is feen the fulleft account of any of our infular councils of the duties of arctiipresbgteral vifitation, as exercifed in certain pariffies of the diocefe of Meath, during the epifcopate of Simon de Rochfort {A.D. mccxvi). Sect. II.] Parochial Fisitation. 181 The fourth, fifth, and fixth confiitutions particularly fpecify the fubjects of examination at the annual vifita tions of rural arcfipriests ; omitting altogether other vifitors of every denomination. " IV. Ut arcfiipresbgterf quotannh, et fcepiiis fi opus fuerit, perfonaliter vifitent fiatum et conditionem omnium ecclefiarum infra fuos Uecanatus; et fi qua ecclefia repara tione indigeat, hortentur gregem Dominicum ad earum repa- rationem, actaque vifitationis ad nos in proximd fynodo tranfmitti curent. Videant etiam an domus pafiorum et capellanorum fint fartce tectce ; corruptelas morum in populo reformare fiudeant, etfi quas abfiergere nequeant, ad fyno- dum diocefanam referant, ut de iis emendandis cum condlio cleri deliberare pofiit. " V. Item ut procurent fidele tranfcriptum ad nos in fynodo tranfmitti de fiatu et conditione librorum, vaforum, vefiimentorum, et aliorum ornamentorum etfupellectilium in ecclefiis infra fuos Uecanatus, et de iis refidendis, quoties expedit, fiatuamus. " VI. Curent infuper poenitentias canonicas a nobis vel officialibus nofiris impofitas delinquentibus debits, et ed, quce decet, folemnitate peragi, et perimpleri in ecclefiis infra fuos limites, quibus ipfi cum presbyteris parochialihus interfint, tanquam tefies, ut qud humilitate et devotione pcenitentice laborihus defuncti funt, tefiificare pojfint." The eleventh conftitution, copying the Lateran canon already cited, inhibits " exactiones vel tallias : " — from the frequent repetition of which interdictory claufe in the councils of the time, it is manifeft that, both here and abroad, our arcSpriestS were wont to tranfgrefs in that refpect. Indeed, it was to correct abufes of this kind, before the iffuing of the Lateran edict, that a certain cc.M.B.etH. : Vol. I. p. 547. 182 Personal Jpunctions. [Part IV. Dr. Brady's Hift. of Eng land, f. 309. Chronica Ger- valii, Scriptores X. C01.14U. Defenfive j Doubts, Hopes, ' and Reafons, &c.' pp. 49, 50. number of vifitors were appointed, under Henry II. {A.D. MCLXx.), to an inquifitorial tour through the dif ferent counties of England, and inftructed " to enquire, in every biffiopric, what, and how much, and for what caufe the archdeacons, or rural Ueans, took of any one ; and the whole was to be written down : " or, in the words of the original chronicler, "quid, et quantum, et qud de caufd, archidiaconi vel Uecanf injufie et fine judicio ceperint — et hoc totum fcribatur ;" — for, at that date, thefe officers of the church held their judicial courts of Chrif tianity, occafionally, at the times of vifitation. From the fact of the iffue of this commiffion of in quiry, OMY fufpidons are, at leaft, excited of the purity of the arcllfpresbgteral character here at home : but in the Gallican church, the charges are pofitive and highly criminatory of the vifiting arcj&prfests^ — lofing nothing of their heinoufnefs in Ley's amufing verfion of the original anecdote of "the zealous preacher in the councell of Rhemes" — who "complained that the arcS presbgter went ! about in vifiting of his circuit, felling all fortes of flnnes, 1 murder, adultery, inceft, facriledge, perjury, and thereby flUing his purfe ; the fame whereof coming to the eare of the biffiop, hee fends for him, that hee may have a ss cc. Tom.lx, col. 826. (') Indeed, in very early days, it Was arraigned — the latter part of the fecond chapter of the fecond council of Aix-la-Chapelle (J.D. dcccxxxvi.) condemns the avarice of arcj^preStigterS and other epifcopal fervants in its fourth canon : — ..." Comperimus quorumdam epifcoporum mi- ni/lras, id eft cjorepiscopos, arcJipres6steroS, et archidiaconos, nanfolim in presbyteris, fed etiam in plebibus parochice fuce avaritiam potius exer cere, quam utilitati ecclefiqfticcB dignitatis infirvire, populique faluU canjulere. Quam negligentiam, immo earum execrabile ac damnabik cupiditatis vitium omnes in commune ddnceps vitandumftatuimus &c.' Sect. IL] Parocf)ial Ic^isitation. 183 Sermo cujufdam ad Cler. in Cone. Rhem. in Oper. S. Bernard, col. 736. Tom. II. ffiare with him : upon demand he denieth, upon denial] they wrangle : but at laft hee knowing that if the biffiop be againft him hee muft forgo his gaine, hee yieldeth him a part : and fo, faith that preacher, are Herod and Pilate reconciled againft Chrift." But let us have the original — "glrcSfpresbgter drcuit obedientiam fibi credi- tam ; et ut impleat faccum fuum, tradit fanguinem jufium. Vendit nempe homicidia, adulteria, incefius, fornicationes, facrilegia, perjuria ; et ufque ad furnmum implet manticam fuam. Famd igitur volante innotefdt epifcopo talis qucefius; et accerfito arcjbfpresbgtero : 'Da mihi,' inquit, 'partem meam' At ille : ' Nihil dabo tibi.' E contra epifcopus : 'Si non dederis mihi,' inquit, 'partem meam, auferam tibi omnia.' Fitque altercatio maxima, et propter avaritiam fit difcordia. Pofiea vero arcjbfpresbgter revolvens fecum, quod auctoritate epifcopi fungatur potefiate ifid, et quod fine gratia ipfius nihil pojfit; perversa converfus : 'Poenitet,' inquit, ' me, acdpe partem tuam et infuper de med quod bene- pladtum fuerit ;' et recondliantur. Heu ! ficut Her odes et Pilatus recondliati funt, et Chriftus crucifixus efi ; fie nihilo- miniJts ifii reconciliantur,et pauperes C\mSti fpoliati funt." \ This was, indeed, in the language of the paftor of : Great Budworth, " laffiing out beyond their line ; " and i ^£««>|^ if there were any chance of a recurrence of fuch abufes, | p. 49 ' " either by the connivence, or by the corruption of the biffiops in later times," it is well "that the arcgpresbgters have had leffe to doe, and fo done leffe evil".^ ( ' ) To check the like abufes in the vifitational circuits of commiffaries | strype's Annals and officials, Bifliop Freak fuggefts the propriety of inftituting iJeanS \ "il, Vol n.*""" rural or superintenDents within the diocefe of Norwich (^.D. mdlxxx). Ph- p.696. Of the vifltations of the former he fays—" What felling of the people's fins, without any regard or confideration of duty at all ; what unfiling of 184 Personal jFunctions. [Part IV;' ss. cc. Tom. XIX. col. 76. can. IX. SS. cc. Tom. XVI. col. 1121. Fafciculus Re rum, p. 425. Return we now from thefe corrupt practices of our predeceffors in office, (and, criminal as they were, they ftill ffiew the refponfible vifitatorial character of the perfon exercifing the functions of arcpprtest, and are fo far to the point,) to the period at which we fufpended our inveftigation of the perfonal duties of Ueans rural, for the fake of reviewing the Meath canons. In the ecclefiaftical councils of the fifteenth century (to proceed chronologically), the fame inhibitory claufes, as we have before cited from earlier councils, continue to be applied to archdeacons and rural Ueans, relative to procurations. The council of Tours {A.D. mccccxlviii.) enacts that there be no payment without due previous vifltation. "Archidiaconi, arc^fpresbgterf, Uecanf, et alias perfonce ecclefiafiicce de jure aut confuetudine ecclefms vifl- tantesT? non debiti vifitaverint, nihil percipiant &c." And the provincial council of Angers of the fame year again places the greedinefs of Ueans and others in procurational matters under reftraint : — "Prohibemus ne de ccetero dif- penfatione legitimd fuper hoc ceffante, archidiaconi, arcjf- presbgterf, Uecant, ultra unam procurationem recipere una die, five unum locum vifitatum,^ve plura etiam loca vifltare fufficeret, ad procurationem integram perfolvendam, quoque modo prcefumant ; nee etiamfi non debits vifitabunt, quid^ quam percipiant." See alfo Appendix, Concil. Confiantienfis, L. V. c. II. {A.D. Mccccxvi.) The " confiitutio " of Cardinal Campegius " ad remo- of verdicts for money ; what manifold corruptions and briberies are ufed by abufe of regifters ; all the whole country, with deteftation, feeth. And thereupon moft men, by the abufe, do utterly contemns all ecclefiaftical government." Sect. IL] Parochial Fisitation. 185 vendos abufus " {A.D. mdxxiv.) ratifies to rural Ueans an authoritative infpection of the property of the church in the following claufe: — "Domos quoque, fundofque dotales beneficiorum collapfios infiaurent pojfeffores, quantum ne- cefiitas pofiulaverit, reparataque in debitd firucturd con- fervent, et per archidiaconos et Uecanos rurales, ac alios, ad quos de jure vel confuetudine fpectat, ubi negligentes fuerint, per fubti'actionem proventuum, authoritate nofird, arctiiis compellantur." The fame infpectional duties are ,im- pofed on rural Ueans in the Liber Synodalis of the biffiop of Seez (AD. MDXXIV.) — "Quod fingulis menfibus Uecani rurales haheant vifitare fuos Uecanatus, cafus, crimina, et exceffus fubditorum inquirendo. Qubdque ecclefiarum rec tores de fuorum parochianorum delictis et excejfibus publids et fcandalofis ipfos Uecanos inf ormare fiudeant, fub poena 50 folidorum Turonenfium. Qui Uecanf nos et ecclefiam nofiram epifcopalem Sagienfem terminis fibi prcefixis inf or mare tenebuntur." "Item volumus eofdem Uecanos {ut meliiis crimina, cafus, et excejfus fubditorum cognofci valeant) in qudlihet vifita tione ad minus interrogent decem perfonas fide dignas, notabiles et omni exceptione majores, de fiatu et regimine nofirorum fubditorum in eodem loco manentium : atque de prcedictarum confiitutionum, et aliarum per nos aut prce- deceff'ores nofiros confiitutarum obfervatione." The fynod of Augsburg {A.D. mdxlviii.), in its feventh canon, orders arcSpresbgters to visit parochially twice a year ; and whatfoever corruptions, fpiritual or temporal, they cannot perfonally correct, to prefent officially to the biffiop at the epifcopal fee, if urgent, or at the next following diocefan fynod, if there be no danger from procraftination :— and this they are to do in obedience cc. Rotomag. Prov. P. II. p. 437. Synodi Sagienfes. SS. cc. Tom. xrx. col. 130L 186 Personal iputtctions. [Part IV. to their oath. Moreover, they are fpecially charged, in their vifitational progreffes, to fee that no images or pictures be erected in their diftrict churches, without the previous permiffion of the biffiop ; and to collect all heretical works, and uncanonical liturgies and ordina tions, and to fend them to the biffiop without delay. Reformationis \ Plenary power of vifitation is granted to rural Ueans p. 28! " i in the German churches by the Formula ReformaUo- MDXLvlii. i nis of the fame year, under the head de Vifitatione: — 5Becanf rurales, territorii, feu regiunculce fuce ecclefias finguMs quibufque annis vifitare debent. Ad hoc enim negotium in partem follidtudinis epifcopalis vocatifunt." Indeed, they are tied down to the fame form of vifitational inquiry in their feveral fubdivifions of the diocefe, as the biffiop in I the whole : — "Ad hanc formam vifitent quoque, et in quirant, ac poenitentiam injungant archidiaconi et Uecani ' rurales in fuis regiunculis; graviora verb, et quce per feipfos emendari nequeunt, referant ad epifcopum, et fynodum epi- i fcopalem, publico judicio fubmittenda, eorum enim vifita- tiones parvce qucedam et particulares funt fynodi, fynodo majori fubjectce, et fecundum ejus judicium dirigendce." See alfo Synodales Confiitut. Arboricenfis Dioecefis (.4.1). mdl.) Statut. XXXIX. CC. Rotom. Prov. P. ii. p. 289 ; and the Sta tutes of the diocefe of Lifieux, in the fame collection, p. 481. cc.M.B.etH. As vtfitors, again, they are acknowledged, in the pro vincial Scotch council held in Edinburgh (.4. D. mdxlix.), whofe duty it is to fee that the drefs of the clergy be in all refpects canonical — "fuper quibus per fingulos Uecanos in eorum vifitationihus, et fi quis fuerit, fiat diligens in- quifitio, &c." (can. iv. de vefiibus clericorum). And again (can. XIII. de vifitationihus) it is decreed, " Quiii Sect. IL] Parochial Visitation. 187 nonnunqudm puhlici exceffus, tam majores quam minores, per Uecanos et alios vifitatores occultari et difiimulari dicuntur, eo quod pecuniarios qucefius a concubinariis et adulteris acdpere non eruhefcant,fadendo eos in tali foeditate fordefcere, quod Uecani ante fufceptionem fui officii jurent de fideli ejus adminifiratione in omnibus, et cum exceffus majores eorundem commijfariis deferunt, non priiis recipi- antur ab eis, quam illi denub jurati fuerint, quod omnes et fingulos excefius majores, tam publicos quam privatos, fibi per ajfifas et inquifitiones utrobique delatos, abfque gratia et favore, prece vel pretio, nullis penitus omifiis, commiffariis tradant, quifi reperti fuerint in prcemiffis culpabiles, perjurii, : amijfionis officii, et aliis arbitrariis poenis per ordinarium infiigendis fubjaceant ; et fuper hoc follidti inquirant commifi- 1 farii, proilt domino ordinario funt refponfuri:" and laftly, | in a council of the fame province {A.D. mdli. confirmed AD. MDLix.) it is ordered (can. xiv. de clandefiinis matri- cc.M.B.etH. ' ^ Vol. IV. pp. 71, moniis, et hannis, et regifiris curatorum) that the Ueans rural | n. of the province "in fuis vifitationihus diligentem indaginem] fadant, et deficientes ad commi/fdrios referant," &c. ; and they are farther noticed in the eighth ^and ninth canons in the fame capacity. What vifitatorial jurifdiction the rural Ueans of the diocefe of Chefter enjoyed during the exiftence of the unlimited ordinary -powers of the archdeacons of Rich mond and Chefter, and while they were within the diocefe of Lichfield and Coventry, it is now impoffible to afcertain : but fince the foundation of the new biffiopric, many of the ruri=Uecanal patents granted by the. biffiop, *'^|'w^'J^jJ; and confirmed by the U^an and chapter of the cathedral, ™«««»- appear in their books, and fome few of the patents themfelves. 188 PersonaliFMttctlons. [Part IV. 9K8. Ccbflcc- Vioati ex Kegifi Diocef. Ceftr. pp. 71, 73. From thefe it would appear, that much of the furren dered jurifdiction of the old archdeacons was delegated to the Ueans rural (all having merged in the biffiop by the charter of foundation) ; and the archidiaconal right of vifitation continued to furvive in the vifitational powers of the Ueans rural ; who, whatever they may have done in earlier days, certainly, after the change of the ecclefi aftical regime, being armed with an epifcopal jurifdic tion by virtue of their patents and the ufage of the archdeaconries, as vicarii epifcopi, vifited their Ueanrfes twice a-year, convened before them the churchwardens, received their prefentments, and corrected upon them all offences ecclefiaftical (inceft, adultery, and fome others excepted), and proved the wills and granted adminiftrations of all perfons whofe effects amounted not to 40?. (knights, efquires, and clergymen, excepted) ; and, in cafe any perfons whatever fubject to their vifita tions refufed attendance at them, the deans proceeded againft them by ecclefiaftical cenfures, in the fame manner as the biffiop or his vicar-general does upon an epifcopal vifitation. They were alfo entitled to the ufual places of judicature for holding their vifitations ; and if they were obftructed therein by any perfon fub ject to their jurifdiction, they might admoniffi, and, upon non-compliance, excommunicate. For the oath of cano nical obedience is not perfonal to the biffiop, but to his jurifdiction, and extends to an obedience to the rural Ueans who act by his authority. It is probable that the Ueans poffeffed thefe powers ab antiquo ; for, in a patent granted to a chancellor of the diocefe only twenty years from the firft foundation of the See, after a general grant without exceptions, there Sect. IL] Paroc]&lal Fisitation. 189 is an additional one made to him of the place of rural Uean of three rural Ueanries, " to do all things which ah antiquo belonged to that office," fpecifying in detail thefe vifitational duties. And again, in the document drawn up at the convention of the biffiop and Ueans rural in the palace at Chefter, A.D. mdxciv., the Uecanal power of vifi tation is diftinctly fet forth, and the particulars thereof enforced in the way of order or monition from the dio cefan to the rural Ueans. The rural Uean of Chefter (for the twelve Ueanrfes are now confolidated) continues his vifitation-court {A.D. mdcccxxx.) for fwearing in churchwardens, proving wills, and granting adminiftrations, where the effects are under 40/. And over the eight Ueanrfes of the archdeaconry of Richmond, an officer bearing the title of commlffary prefides, invefted with the Uecanal jurifdiction of tefta mentary matters, vifitational duties &c.^, but in which capacity he vifits parochially does not exactly appear. Mr .Ward, in his evidence before the ecclefiaftical courts' commiffioners, " apprehends that he vifits parochially, as commlffary." The council of Trent continued to rural Ueans the power of vifltation under certain regulations, eftabliffied in their twenty-fourth feffion : — "Archidiaconi, Uecanf, et alii inferiores in iis ecclefiis, uhi hacteniis vifitationem exercere legitime confueverunt, debeant quidem ajfumpto Notario de confenfu epifcopi deinceps per fdpfos tantum (') It is cuftomary in the diocefe of Chefter, before epifcopal vifita tions, and preparatory thereto, for inhibitions of the rural liean of the archdeaconry of Chefter, and of the commlffary of the archdeaconry of Richmond, to take place. See a^jpctlbi;*, Chefter Docu ments, No. in. Ecclef. Courts' Report, MDCCCXXXII. Mr. Ward's Evi dence, p. 181. Ejufd. p.l90. Synod. Trident. seff. ¦HK.iv. cap. ni. -SACC. Tom.xx. col. 158. Ecclef. Courts' Report, p. 346. 190 Personal dpunttions. [Part IV. The Hiftorie of the C. of Trent, p. 786. SS. CC. Tom. XX. col. 1397. cap. VI. Van Efpen Jur. Ecclef. Univ. Part I. Tit. xn. cap. I. p. 57. Decreta Synodi Carmracenfis, fol. 3. c.i.ii. ibidem vifitare :" and they were to tranfmit their vifita- tion-acts, inquifitions, and all other inftruments, to the diocefan biffiop, within a month. The particular objects of attention to the vifitors are pointed out, as being, to preferve found orthodox faith, to expel herefy, to fup port morality, to correct vice, to exhort people to reli- I gion, innocency, and peace ; and, as occafion might require, and prudence dictate, to promote the general interefts of the Chriftian community. From the perfons vifited parochially, throughout their refpective diftricts, the officers were not to receive any thing but " frugall and moderate diet, which might be given," in Brent's verfion, " either in kind or money ; yet fo, that if there was a cuftome in any place not to receive fo much as thefe, it was to be obferved." The Cambray council {A.D. mdlxv.) bids the Ueans of ©Srfstfanftg ("Uecanf rurales quos ©firfstfanftatfs aj^el- lant ") to vifit their diftrict fchools every fix months, or, at leaft, once a-year, and diligently to certify the ordinary of their ftate of difcipline. Indeed, it appears from Zypaeus that a concordate was entered into between the biffiop and the archdeacons of the diocefe of Cambray, that neither ffiould perfonally vifit, but that the Ueans of ©Srfstfanftg ffiould be the vifitatorial reprefentatives of each, by mutual agreement. Accordingly, in the Acts of the diocefan fynod under Archbiffiop Maximilian {A.D. mdlxvii.), the vifitational duties of the arcjpresbgters or Ueans of the parochi are thus laid down: — " Cap. l Cum arcSfpresbgterf JWMwtw/i ecclefiarum quarundam follidtudinem gerere, eafque fimgulari quddam annua vifitatione recognoficere. Volumus et man damus, ut quam diligentifiime advigilent ne quid in illis Sect. IL] Parocl)ial Visitation. 191 ecclefiis defit, quod ad divinum offidum pro fud dignitate per- agendum requiritur." " Cap. ii. Cum autem deus in fpiritu et veritate adorandus fit, folUdte etiam profpiciant Uecani noftri in ecclefiarum vifitatione — An non irrepferint hi eas aliqua fijtperfiitiofia et vana, in cceremoniis, procefiionihus, peregrinationibus, imaginum et reliquiarum ac fanctorum veneratione, quibus mentes Chriftiance a fincero Dei cultu fensim dimoveri pojfint. Ubi verb hujufmodi aliquid com- pertum hahuerint, volumus nobis nofirifve vicariis quam- primum denundari &c." The fynod of Salzburg {A.D. mdlxix.) orders the ap pointed vifitatores of the diocefe to folicit all the infor mation they can from the archdeacons and rural Ueans, in furtherance of their general parochial vifitation ; and then proceeds to fay, that the fpecial vifitations of thefe inferior officers are not thereby fuperfeded; but that they are to be executed by them notwithftanding, and the refults of their inquiries to be laid before the fupe rior vifitors within a month. Moreover, the council enacts, that the rural Ueans themfelves ffiall be vifited, and examination made " de illorum officiis, an dfdemfatif- faciant, et quomodo, an fint fuffidentes, follidti, prudentes, expediti, et jufii, vel injufii, avari, munerum cupidi, poenas pecuniarias imponentes, perfonarum acceptores, delicta non punientes, fed difiimulantes, jufiitiam et cequitatem petenti- bus morem non gerentes, et ad id genus alia, qua adfefpec- tant, prcefient, necne." The Malines council {A.D. mdlxx.) promulgates the Trent decrees refpecting vifitation generally ; and orders that rural Ueans, where they were not in the habit of vifiting churches, ffiould be immediately invefted with that power ;— the biffiop taking care that their procura- Conftitut. et Decret. Synod. Salisburg.Conft. Lxii. cap. VI. p. 320. et cap. XIV. p. 326. SS. CC. Tom. XXI. col. 608. 192 Personal ^Functions. [Part IV. Stat. Synod. Dioec. Yprenf. Tit. VII. CXIII. cap. XX. See alfo cap. XXI. SS. CC. Tom. XXI. col. 462. tirnis (^'fubfidia vifitationis") ihovldi be fufficiently remu nerative for the labour and expence of vifitation ; and that whatever was immoderate in the way of charge upon the clergy, ffiould be corrected. The ftatutes of the diocefan fynod of Ypres {A.D. MDLxxvii.) ratify the like capacity of vifitation to Ueans of ©firfstfanftg, on the authority of the Trentine fathers; — the biffiops delegating to their rural deputies the right of vifiting the churches of their Ueanrfes on fuch years as they themfelves are unable to vifit: on which occafions the Ueans are to follow the rules of epifcopal vifitation laid down by the council of Trent — the fubftitutes acting in the name and by the authority of their employers, and being fully capacitated to carry forward the whole vifitational inquiry into the conduct of church-officers, the condition of church ornaments and utenfils, the ftate of church-fabrics, parfonages, &c. For all which vica rious trouble, it is decreed — " Ut in nulld parochia etiam fi minima fit, 'Uttuxia fecwndwm prcefcripta fiatuta vifitanti, detur infra octo aut decem fiuferos : in nulld autem, etiam maxima, accipiat ultra dalerum vel coronatum : in mediis verb fervetur mediocritas, habita ratione laboris et confue tudinis." Any extraordinary labour is to be paid for in extra procuration. See alfo Stat. Synod. Dioec. Yprenf {A.D. MDCIX.) Tit. III. cap. vi. and, particularly, in the documentary ^ppjnUfx, the extract from the Decreta et Statuta Primce Synodi Dioecefiance Brugenfis, A. D. mdlxxi. De diverfis Uecanorum ©firfstfanftatfs offidis. The duties of vifitation are there fo minutely detailed, I have thought the document worthy of being copied. A few years later, Charles Borromeo, in the fifth council of Milan {A.D. mdlxxix.), impofed on his Ffcarfi Sect. IL] Parocjial Ftsitation. 193 JForanef the infpection of the rural clergy, their churches, church-furniture &c., by perfonal vifitation and exami- , nation, conducted according to the items of the following I manual of inftructions : — The jforaneous Ff cars are to ; inquire — "Qui parochorum in primis zelus in animarum .ss.ccvom. falute procurandd ; quce in facramentis minifirandis fedula : dUigentia; qudmfrequens in paficendis verbo Dmfidelibus ' officium ; quce denique in omnibus parochialis muneris par tibus vigilantia, quceve afiiduitas. — Quce populi in Chrjiiance caritatis operibus exercitatio, quam religiofius fefi orum dierum cultus, quam pia in ecclefiis converfatio, quce in doctrince < Chrifiiance fcholis frequentia : turn de aliis piis fodalitatibus difquirant, tum denique de reliqud omni ejufdem populi difci plina, et in via domini progrejfu. " Pofi videant, qui fingularum ecclefiarum, prcefertim pa rochialium flatus, an fi quce inflaurationem defiderant ; an debito cultu fraudantur ; an facris veflihus, ornamentis,fupel- lectileque ecclefiafiica, ad cultum neceffaria, infiructce funt; an denique ulld ex parte incultce. "Poflremb an fi aliqua funt provindalium, dioecejana- rumque fynodorum decreta, edicta, vifitationum prceficripta, aliave epifcopalia juffa, quce executionem non habeant ; quid item impedimenti, aut difficultatis, aut denique caufce fit, quamobrem eorum executioni non fit locus, &c." {See alfo ori jporaneous Ffcars, their qualities, and inquifitorial duties, the council of Rome under Benedict XIII., SS. CC. Tom. XXI. col. 1864.) Again, the council of Rouen {A.D. mdlxxxi.) orders, in its twenty-feventh canon, that Ueans rural follow the canons of inquiry there copioufly laid down for epifcopal vifltation, " et vifltationis a fe factce infra menfem rationem 194 ss cc. Tom. XXI. col. 637. Personal jFunctions. [Part IV. Lnnichli II. Spicileg. Ecclef. p. 183. Stat. Synod. Dioec. Yprenf. Tit. XVIII. Stat. Synod. Dioec. Antwerp, pp. 328-29. Tit. XXIV. cap. III. p. 385. ' reddent epifcopo, et depofitiones teflium, ac integra acta ; ei exhibere tenebuntur." {CC. Rotomag. Prov. Part i. 214.) , — and the like charge is impofed on them by the I council of Tours {A.D. mdlxxxiii.), SS. CC. Tom. xxi. i col. 850 ; and of Malines {A.D. mdcvii,), SS. CC. Tom. j XXI. col. 1462. — the latter publifliing certain heads of I inquiry for the use of the arcfipresbgters in their vifita tional proceedings. In the feventeenth and eighteenth centuries we find the fame truft continued to them. In the Spicilegium Ecclefiafiieum of Lunig, thefe precepts are recorded as given to Uecanal vifitors of Julien and its furrounding district (^.D. mdcii.) — " IBecani exigant a fcabinis et ju- ratis tahellam ffirog^ ^ettul {h.e.fpedficationem delictorum judici denuntiatorum) aut copiam authenticam. Ut viri zelofi et integri in fide fcahini fynodales eligantur. Ut communia puncta et interrogatoria fcabinis communicent, fuper quibus tenebantur facere inquifitionem et dare infor- mationem." A chapter of the diocefan fynod of Ypres {A.D. mdcix.) prolongs to Ueans rural the vifitatorial powers they en joyed by the earlier fynod of mdlxxvii : and a fubfequent council (.^. D. mdcxxx.) makes them downright inquifitors into the manners and habits of the rural clergy, the employment of their time at home and abroad, their ftudies, hours of confeffion, &c. &c. ; all which they are to pry into, by the moft fearching perfonal vifitalion. — The fynod of Antwerp {A.D. mdcx.) confers on them the fulleft vifitational authority ; and bids them lay their acta vifitationis before the biffiop — . . . ''Vifitantibus verb Uecanfs ruralfbus, tanquam d nobis mijfis, omnem debitam reverentiam et afiifientiam ad exequendam commifiionem a Sect. IL] Parochial Visitation. 195 nobis injunctam exhibeant," fays Mirseus, "etfi aliqua ad\ reformationem aut bonum ecclefice fadentia fciant, henevole I fuggerant." See alfo Ordinationes Joannis Malderi Epifc. Antwerp. {A.D. mdcxxx.) A chapter of the fynod of Bois-le-duc {A.D. mdcxii.) is \ statuta synodi expreffly dedicated to arcftipresbgteral vifitation : — "^rcfii- ' 'ntxVcap.'iv. presbgterf,yeM Uecanf parochias fibi commiffas cum Xenodo- \^' chiis, capellis, et confraternitatibus, afiumpto fecum notario, '¦ vel faltem aliquo presbytero, quotannis fecundilm infiruc- tionem illis dandam, authoritate nofird vifitent, ac de vita, ': fide, et moribus parochorum, facellanorum, cufiodum, ludi- magiftrorum, cedituorum, ac gubernatorum menfce Sancti Spiritus, reliquorumque incolarum fefe diUgenter informent, ' ac advertant, an piis fundationibus, eleemofynis, et oneribus '•. benefidorum et offidorum ecclefiiafiicorum laudabiliter fatif fiat, itemque utrim, ecclefice reparatione egeant, et coemeteria ben^ occlufa fint: nee facramentalium et ornamentorum ecclefice, atque fcholarum vifitationem prcetermittant &c." 1 A canon de vifitatione of the council of Bourdeaux (^.D. MDcxxiv.] affociates our rural arcSpresbgters with other eccleflaftic tefies for the more effectual conduct of parochial inquifltion. — Cap. xxi. — in. "^rcfifpresbgterf 55. cc. Tom. feu Uecanf in fingulis dioecefibus conjiituti, jugi drcum- fpectione mores clericorum, fiatum et ordinem parochiarum, ac etiam laicorum, follidti obfervent et profpiciant, deque ' iis omnibus fingulo quoque menfe epifcopum certiorem fa dant. Et ne propter arcSfpresbgteratus diflantiam minus ofiUcio fuo fatisfacere pojfint : in cujuslibet arcftfpresbgteratfis tractu, duo rectores aut plures pii ecclefiaflid tefles fynodo dioscefand ab ordinario nominati et electi, arcSfpresbgterfs feu Uecanfs adjungantur, qui zelo regiminis ecclefiaflid in- flammati, fedulo invigUent, et ordinarium flatis temporibus, ' og 196 Personal ipunctions. [Part IV. Stat. Synod. Dioec. Audom. Tit. xvm. c. IX. p. 88. Van Efpen J.E.U. Pars I. Tit. VI. cap. HI. p. 30. Tit. VII. cap. II. apudVa.a Efpen. deflatu, conditione, et excefiihus hujufmodi arclifpresbgieratug certiorem fadant : poflintque ordinarii arcf)fpresbgterfs, Ue canfs, et teflibus fynodalihus inquifitionumfeu informationum conficiendarum, fine alio fpedali mandato, facultatem, quo citius qucBcumque vitia purgentur, et cuncti in ordine con- tineantur, concedere : quas inquifitiones et alias probationer ah iifdem perfectas, teneantur officiales recipere, et ex iifdem ad alia juris remedia procedere." The fynod of Saint Omer {A.D. mdcxl.) writes— Uecanf in vifltationibus fuis fcholas non prcetermittant, fed fimgulis fiemeflrihus vifltent, et accurate inquirant. Sec," — That ofNamur {A.D. mdclix.) admoniffies all arcfipres- bgters, " Ut annales vifltationes obeuntes, et alias diligentb inquirant, quibus rebus pafloresfe impendant, utfii quos oth deditos repererint, ne nihil agendo male agere difcant, eos actionibus ecclefiiaflico homine dignis incumhere, et per bom opera certam fuam vocationem facere procurent &c." The fame duties are impofed by the fynod of Bruges— " Sedulo inquirant arcj^fpresbgterf in fuis vifitationihus de vita, doctrind, et moribus curatorum et aliorum presby terorum ; ac prceceptorum feu magiflrorum ; et cujus fint qualitatis, fidei, et nominis ac famce." And the fynod of Ypres legiflates with the fame degree of latitude and particularity. The lateft inftructions to Ueans rural of the diocefe of Malines enforce vifitation — "Ut potifiimam officii fui par tem, vifltationem curent arclifpresbgterf, fedulb, accurate, et cum timore dei perficere, et prcecipu^ invigilare, ut altaria et facramentalia, ipfaque templa nitida ferventur, pafiorefque \ipfi, quoad ohligationes et functiones fuas pafioraks exacti fint et diligentes, an quo fludio, quove exerdtio otium pel- lant. Quare non plures uno die vifltabunt ecclefias, quam Sect. IL] Parochial Visitation. 197 commode pofiiint." And farther— that timely and feafon able repairs of eccleflaftical houfes be attended to, and their fabric not allowed by gradual decay to fall into utter ruin and wafte, the fynod decrees — " Arcfiipresbgterf, uhi ipfis id juris ex confuetudine competit, domos paflorum et beneficiatorum fingulis annis ferib vifltent ; et quandb eas reparatione indigere advertent, eam mox fieri mandent et non obedientes denuncientur epifcopo, vel ejus vicario gene raU, ut ad debitas reparationes fadendas, prout juris et rationis- fuerit, compellantur, et pro prceteritd negligentia etiam puniantur^." (Tit. xxn. c.vii.) " Ues Cogens Ue la ©fire'tfente et ruraux," fays the fynod of Bayeux {A.D. mdclxii.), " auront foin de faire une fois Van les vifltes de presbyteres, de drefier leurs proces verbaux de I'etat auquel iis les trouveront, et les mettront aux greffes de nos officialites, &c." Again, — the Synodal Decrees of the archbiffiop of Co logne {A.D. mdclxii.) order — ^" Ut de paflorum, vice-paflo- rum diligentid, et cetatis tenerioris profectu nobis conflare pofiit, Uecanf rurales quoties vifitant, convocatd juventute breve examen catecheticum inflituant: quidquid verb me- morabile contigijfe notaverint, in Acta fuarum vifltationum nobis Sfc. . . . exhihenda referant ; " — and fubfequently ' the fame inflitutes detail the points of inquiry to be par- ! ticularly attended to by the Ueans vifiting their parochial clergy. See Part ii. Tit. v. c. vi. ii. Our next examples are adduced from the Anglo-Gallic Ejufd. P. II. Tit. xxxrv. 0. VIII. p. 674. ex Synodo Mechlin. cc. IMoniag. Prov. P. II. p. 252. Deer. Synodal. D. Maximil. Henr.Archiep. Coloniens. Tlit.n. cap.x. II. p. 13. See Stat.Dice- cef Gandav. Tit. XVI. c. in. p. 74. A.D. MDCL. (') In the paftoral letter of the Belgian primate (.^.D. mdcc.) the arcJprieStS are charged " Ut diligentiares muglfque exactas per diftrictus fiuos iTifUtuant vifltationes juxta earundem vifitationum interrogatoria t'ypis edita &c." Altera Epifuda Paftoralis Dom. Humb. Gulielm. Arch. Mechlin. p.68. 198 Personal .^Functions. [Part IV. A Humble Pro- pofalfor Paro chial Reforma tion &c. by 1. M. p. 35. Heylin's Life of Laud,MDCXXXVII. Ccefarea by Falle & Morant. Appendix, No.x. p. 206. ifles of Jerfey and Guernfey — which were anciently, we are told by an anonymous author, two rural Ueanrfes of the biffiopric of Conftantia, in the dukedom of Nor mandy, and their fole vifitors in church affairs, their refpective Ueans, each poffeffing the fame power as our chancellors and archdeacons at prefent enjoy. Nor is their eccleflaftic conftitution otherwife altered in modern days, than that they are members of the diocefe of Win chefter ; having been annexed thereto foon after the Reformation ^ Their jurifdiction was then fettled, fees were appointed to the Ueans, and a revenue eftabliffied ; but the functionaries themfelves were then, and ftill remain, accountable to their diocefan biffiop for the due performance of their vfitatorial charge, like the corre fponding officers in England. The duties of thefe Ueans rural, in refpect of vifitation, are thus expreffed in the twenty-third rule of the canons ; and conftitutions ecclefiaflical granted to the ifles, in the reign of James the Firft : "Le IBogen accompagne de deux ou trois miniflres vifitera une fois en deux ans chaque paroifie en fa petfonne, et donnera ordre qu'il y ait prefche I le jour de la vifitation, ou par foy mSme, ou par quelquun '\.par luy appoints ; et fief era la dite vifitation pour ordonner j que toutes chofes appartenantes a Veglife, au fervice de dieu, Berry's Hift. of Guernfey, p. 241. (') King John had it in contemplation to place the iflands under the diocefe of Exeter ; and Henry VII. actually procured the Pope's Bull : for placing them within the jurifdiction of Salisbury ; which he cancelled, I and obtained another for Winchefter. But this laft, thouffh even I 1 > ' D : entered in the then bifhop's regifter (Langton), never took effect ; and 1 Queen Elizabeth at laft fixed them in that fee. The Bull of Pope Alexander VI., for transferring them from Conftance to Winton, may be feen in Falle's Appendix, N°. IX. p. 195. Sect. IL] ParocMal Visitation. 199 et adminiflration des facremens, foyent paurveites par les furveillans, et le temple, dmitihe, et maifon presbyteriale foyent entretenues et reparees : et aujfy recevra information des dits furveillans {oufaute a iceux d faire leur devoir) du miniflre, de toutes offences et ahus quiferont a reformer en aucun,foit miniflre, offiders de I'eglife, ou autres de la paroifie ; et recevra le dit Uogen pour la dite vifitation 40 fois de la rente du Threfor d chaque fois." — Equally ex tenflve are the powers beftowed on the Uean of Guernfey in the commiffion of Biffiop Brownlow North to IDean Durand, — " in his ftead, authority, and name, according to law, to vifit the churches and other ecclefiaftical places, and the clergy and people fubject to his jurif diction &c. &c." Indeed Dicey fays, "The Ueans of both the iflands pretend that their office carries with it all delegated jurifdiction, without any need of permiffion or commiffion from the biffiop;" and if fo, they are vifitors de jure — nay, I have been told, that they can prefcribe againft the biffiop ? Towards the clofe of the feventeenth century, Biffiop Seth Ward of Sarum invefted his Ueans rural with con fiderable vifitational powers ; as the following /orwiwfa of inflructions indicates. They were authorifed — " 1. To view infra Uecanatum — churches, chancels, parfonage and vicarage-houfes, hofpitals, almshoufes, church-houfes, and free {choo\es,femel in 6 menfibus, faltem in anno, and to prefent decays to the Bp or chancellor." " 2. To obferve — parfons, vicars, curats — as to conver fation, performance of duty, conformity to laws, diligence in reading fervice, adminiftering facraments, preaching, catechiflng, preparing for conflrmation, marryeing &c." — " churchwardens, as to performance of duty — fchole- Berry's Hift. of Guernfey, p. 263. Dicey 's Hift. of Guernfey, p. 51. Dlotitioc ©ct()i guiKOUiSacum, fol. 339. See 9l\^-^5'^- diUgenter referant ad ordinaries, fi quos decretorum fyno- dalium violatores, fi quos offidi parochialis negligentiores, fi quos popinarum frequentatores, percujfores, aut alias ficandalofos, five presbyteros, five laicos, fub fud jurifdictione compererint ; illud omnino addendum cenfuit debere eos epifcopo, vel alteri vfitatori afiiflere per fuum Uecanatum, ut ipfum deflatu ecclefiarum, et moribus minifirorum infiruere pojfint." . "Infuper teneantur vifitare proprium Uecanatum anno fubfequenti vifitationem generalem, non foBm, ut de iis, quce modo diximus, ac de cceteris, quce continentur in infiruc- tione generaU diUgenter inquirant ; verirni etiam ut decreta. 202 personal ^Functions. [Part IV. et reformationes ejufdem generalis vifitationis exequutioni mandari curent. In obeundd hoc vifitatione, caveant, ne \ quid prorsiis accipiant, aut extorqueant, prceter victualia pro fud, alteriufque domefiici perfona, ac duobus equis; aUoquin prceter poenas, quas fiatuit fancta fynodus titulo fexto gra- vifiiml ah epifcopo puniantur." \ That we have adduced evidence enough, in the many pages devoted to the fubject, of " a fort of vifitatorian capacity," in rural Ueans of ancient and modern days, the reader will readily acknowledge. The capacity can be no longer doubted. The church, in her conciliar de crees, has acted upon it for more than a thoufand years — nay — from the flrft inftitution of the office in the eaft and weft, with little or no interruption, to the prefent hour. Tedious though the enumeration of authorities be in proof of the fact, I could not otherwife have efta bliffied a controverted duty of the laft importance. While endeavouring to do fo, I have cited many items of Uecanal fervice connected with and performed during vifitational progrefs, and thereby have added fomewhat to the reader's knowledge of the perfonal functions of the rural arcfipriestfiooU. But, whatever may have been the priftine character of that power, when thefe now humble functionaries were linked with archbiffiops and cardinals, and their retinues made the fubject of canonical limitation throughout Weftern Europe, as we fee they were — ^ifit ever attained to the dignity of an ordinary jurifdiction (which on the continent it feems extenflvely to have done), it was only locally and partially fo in England, and, for the moft part, of ffiort-lived exercife. Not fo the archidiaconal power of vifltation ; — this, like the Uecanal, originally a Sect. IL] Parochial 'ETisitation, 203 delegate jurifdiction emanating from the biffiop, became by continual grants an ordinary one, and eventually almoft (in many places, quite) extinguiffied the other \ But here it muft be obferved, that the vicar of Am brofden, who confiders the antiquity of Ueans rural greater than that of archdeacons, looks upon the former as the earlieft rightful parochial vifitors under the diocefan biffiop, and fuppofes them to have loft their privilege of vifltation in the way following. "When archdeacons grew up to be vicars-general of the biffiop and ordinaries in the diocefe, then they affumed to themfelves fo much of the vifitatorian power, that the rural Ueans could no (') See Van Efpen Jur. Ecclef. P. i. Tit. xii. c. i. § vi. ; Boehmer Jus Eccl. Prateftant. L. i. Tit. xxiii. de Officio Archidiaconi, Tom. i. p. 545, feqq., and L. iii. Tit. xxxix. Tom. iii. p. 578. IDeanS rural in no cafes, I believe, lAfit peculiars. Even bifhop's peculiars are not vifiited by them. In the diocefe of Exeter there are thirty-fix epifcopal peculiars, which are vifited by no OeanS rural ; and are indeed fo far exempt from the jurifdiction of the bifhop himfelf, that he never vifits them, even in his triennial vifitation. Parochial churches within peculiars are generally in moft wretched condition. Such jurifdictions fliould be abolifhed : difcipline can never be fuftained effectually, while they exift. In the lieanrg over which the writer pre fides, there are three of thefe ecclefiaftical anomalies. To one of which there is, probably, no counterpart in all England ; — it is a parifh wherein a Roman-catholic peer is both lay-rector and lay-bifhop, and appoints, or not, as he choofes, a ftipendiary chaplain over many hundred Protef- tant fouls. The church is ruinously dilapidated: and its doors have been clofed againft the church-going population for nearly two years (Sept. MDCccxxxiv.) — See Bifliop Burnet's account of the origin of thefe blemilhes of our Eccleflaftical Conftitution, in the Hiftory afthe Refor mation, Vol. I. Book III. p. 522 ; Vol. v. Book vi. p. 634. Oxford Edit. MDCCCXXIX. See H. D. R. Vol. i. P. iv. S. v. c. vii. § 6. alfo Acts and Pro ceedings of Convocation under Cardinal Pole mdlvii. " De abufihus et capellis Sancti Joha?inis etfimilium." Parochial Anti quities, Vol. II. p. 360. Ecclefiaftical Courts' Report, MDCCCXXXII.p. 85. L CardweU'sSynodalia, Vol. II. p. 488. 204 Personal ^Functions. [Part IV. Charge to the Clergy of Sur rey, on Paro chial Vifllations, p. 10. longer vfit, but in fubordination to thefe new mafters ; and, as a mark of inferiority and fubjection, they were allowed to go their circuit with two horfes only, when the archdeacons might have five or feven. This depen dency and limitation of power reftrained the rural Ueans from the defire of being vifitors; and therefore, to eafe themfelves of the trouble, and their clergy of the ex- pence, they let fall this jurifdiction by confent, and left this neceffary care of all the churches folely to the arch deacons next under the biffiop : " whofe right and duty it now is, according to the conftitution of the church of England, to infpect the churches and chancels, with the \ ecclefiaftical houfes and poffeffions, in the feveral pariffies within their jurifdiction. To which Gibfon adds, as a farther illuftration, that it is thefe parochial vifitations, and not fuch vfitations as are now held by archdeacons (which feem to be only the remains of the ancient fynods) that our ecclefiaftical laws ordinarily mean, when they fpeak of archidiaconal vifitation; and that it is on account of the fame parochial vfitations, and not of thefe, that the archdeacons claim and enjoy their procurations. Such vifitations as are now held by archdeacons, are more like general chapters of the clergy, anciently held by the rural Ueans, in their refpective Ueanries; at which the conftitution of Otho required the archdeacons to be often prefent ; and they being fuperior to the rural Ueans, in point of jurifdiction, grew by degrees to prefide over them, and from thence to have the fole authority in them ; — that authority paffing, by a kind of devolution, from the rural Ueans to the archdeacons. See alfo Codex I. E.A. Tom. II. p. 969. Tit. xlii. cap. viii. Sect. IL] parochial 'Fisitation. 20.5 When, however, their own power of parochial vfita- tion was thus, in Kennett's phrafe, interfered with, it appears, from an epiftle of Robert Groffetefte^, biffiop of Lincoln, to his archdeacon, that the Ueans of tfie countrg were ftill employed to convocate the rural clergy to epifcopal vifitations; — " Vobis mandamus 'if itmo% archidia- conat4s vefiri prcemoneatis, ut prompti fint ad convocandum coram nobis prcedictos rectores, vicarios, et facerdotes locis et temporibus quibus eis mandabimus, ne in prcedicando aut aliis exequendis quce ad nofirum fpectant officium, invenia- mus impedimentum." — This duty they had ffiared with archdeacons, probably, from their firft inftitution : — for in the feventh century the arcfiprfest or the archdeacon are charged, by the fixteenth canon of the council of Rouen {A.D. dcl.), to be perfonally active in the per formance of fuch preliminary meafures, and to prepare the clergy and people for the arrival of their diocefan paftor in vifitation. — " Cum epifcopus fuam dioecefim drcuit, archidiaconus vel arcfifpresbgter, eum prceire debet uno aut duobus diebus per parochias quas vifitaturus efi, et plehe convocatd annundare debet proprii pa dor is adventum, et Fafciculus Re rum in Append. T. II. p. 340. Angiia Sacra, P. 11. p. 347. SS cc. Tom. VII. col. 406. See Reginon. de Difcipl. Ecclef. Lib. II. ab init. Burchard, Lib. i. cap. xc. p. 1 1 . (') In the early Articles of Enquiry at Vifitation (the earlieft, indeed, \i"^f';,^"lf^[ in the councils of Great Britain, fave thofe of Hugh de Welles, A.D. anno mcclii. Mccxxx, to his archdeacons, CC. M. B. et H. Vol. i. p. 627), addreffed by this learned prelate to his church-officers (feemingly, from the leading article, of laical character), the firft is — " De vita archidiaconi et fiuce familicB." The fecond—" lie Decants " (rural OeanS) " qualiier fe ha heant in officiis fuis." And in the general Inquifitiones de clericis et laicis of the year mccliii, recorded in the fame annals (p. 325), there is one item of examination " De vitd et honeftate archidiaconorum, Oecanorum, et clericorum qui miniftrant in ecclefiis, et de miniftris et famulis per fonarum. et aliorum:" and another,. " ^ra liecanus et alii confpiratianem fecerint ante adventum epifcopi." — p. 326. '\Inquifitio in ^ Cler. Lichfield. 206 Personal ^Functions. [Part IV. ' Ut omnes, exceptis infirmis, ad ejus fynodum die denomi- natd imprcetermifsh occurrant. Et omnimodis ex autoritate ss. canonum prcedpere, et minadth denunciare debet, quod fi quis abfque gravi necefiitate defuerit, proculdubib a com munione Chrifiiand fit pellendus. Deinde acdtis fecum presbyteris, qui in illo loco fervitium debent exhibere epifcopo quidquid de minoribus et levioribus caufis corrigere poteft, emendare fatagat ; ut pontifex veniens nequaqudm in faci- Uorihus negotiis fatigetur, aut fibi immorari ampMs necejfe fit ibi quam expenfa fuffidat. Ait enim Dominus ad Mo fen de hujufcemodi cooper atoribus, 'ut tecum' {inquit) 'fuften- tent onus populi, et non tu folus graveris ;' et heatus Joannes Baptifia adventum Domini prcecurrit prcedicando dicens : 'Poenitentiam agite,' &c. Et iterum, ' Parate viam Do mini,' &c." Laftly, the diocefan fynod of Antwerp under Mirseus (^.D.MDcx.) decrees. — " 3®ecanus ruralis prcemonitus a nobis, fuos pafiores moneat ut epifcopo vifitaturo, omnia qm ad vifltationem fpectant, prceparent ; eifque in eam rem mittat infiructionem a nobis prcefcriptam." Tit.xxiv. cap. II. p. 385. SS. cc. Tom. IX, col. 1165. In the ninth century, rural arcfiprfests had the honour of entertaining the bifliop on occafion of his vifiiting for parochial confirmation .-—when, it will be feen, the council of Pavia {A.D. dccclv.) catered moft liberally for the epifcopal guefts and retinue :— " Statuimus, ne epi fcopi, quandb pro confirmando populum, parochias circum- eunt, arcfifpresbgteros fuos gravent, ut hujufmodi difpenfd Skct. IL] Parochial 'Fisitation. 207 contenti fint: Panes centum, friftringas^ quatuor, vini fextaria quinquaginta, pullos feptem, ova quinquaginta, agnum unum, porcellum unum, annonam ad caballos modios fex, foenum corr? tres {foeni corbes), mei, oleum, cera, quod fuffidt" — ^a fair allowance of entertainment, it muft be (') Friftringas — written aKo frifkingas and frefcengias {fie Sirmondi notcB ad capitula Karali Calvi et faccejfbrum, p. 8.) — they were young pigs, not fucking-pigs, but of larger fize, as Sirmond and others explain " porcellis mnjcyres, nondum tamen jufti incrementi." They are men tioned by Hincmar, in his Capitula to his archdeacons, and by many others. " Vadianus (et alii) fcrofam adultam exponunt," gloffes Spel man ; " nam et noftri (inquit Vadianus) venatores porcum filveftrem anniculum aut adultum frifchling vacant." Glojfar. p. 250, in voce Frificinga. (*) " Corr. corhis or corbus — msnfurcB frumentarim fpecies apud Bo- nanienfes Italos &c." See Ducange GhJ^r. Tom. ii. col. 580-81, in vocibus corhis — corbus. (') In his annotations on the ©ompotuS of Bolton (a folio of a thou fand pages, beginning in Mccxc, and ending in mcccxxv.) Dr. Whitaker has noticed (.Hiftory of Craven, p. 399— 2d Edit.) the enormous ex- pence oi parochial vifitation as then conducted. The fum charged, as expended on the archbifliop's reception at Bolton, would have been fufficient, the hift»rian fays, for two hundred men and horfes. Nor vyill that be thought extravagant, when it is underftood that in A.D. mccxvi, an archdeacon of Richmond, on his vifitation, came to the priory of Bridlington, with a train of ninety-feven horfes, twenty-one dogs, and three hawks. Dugdale's Mono/?. Vol. ii. p. 65. See Hftory af Whal ley, p. 171 ; and Hofiinan's Lexicon,in voce Procuratio. Another article, relating to the archiepifcopal vifitation at Bolton, is extremely curious— " In prebendd et furfure equorum et canum D'ni A'ep'i xv. qr. aven.'' Dr.MThitaker thinks this prelate hunted with a pack of hounds, in his progrefs from parifli to parifli! See an extract from an indulgence of Pope Alexander to the clergy of Berkfliire, before quoted under rj/Jto- tional duties from Collier's Appendix. The writer pofleffes a curious little compend oi vifitational duties, entitled ©ractatus He FiSltationihuS lEpi- 208 Personal ;lFunctions. [Part IV. acknowledged, for man and horfe — confidering that the ecclefiaftical legiflators, then in fynod affembled, had the relief of the arcfifpresbgteral hofts in view, when paffing this canon of limitation. lEpiSCopaliiuS, per R. P. Anthonium (T)o-p^mg),'^Epificopum Midenfem, A.D. MDCxcvi. — Dublinii mdcxcvi. — which throws fome light on ¦vifi- tational duties, as exercifed by iJeanS rural and other ecclefiaftical officers. Sect. IIL] 5finol)ical IButieS, 209 SECTION m. Synodical Duties. — ®estes SguoOales. N confequence of the report, which Ueans rural had to make at epifcopal fynods, of the ftate of religion, and the conduct of the clergy and laity of their Ueanries, they were neceficiry attendants at thefe general vifltations of each diocefe \ appointed at ftated intervals for the whole fome purpofe " of infpecting in order to reformation." And thence, in the opinion of Somner, Kennett, Atterbury, and others, they were deflgnated Tefies Synodales — from \ the information communicated by them to the fynod, as i witneffes: — but not, Gi^?i fuggefts, to the excluflon of the : fynodal witneffes properly fo called ; of whom Archbifliop ! Edmund's twenty-firft conftitution {A.D. mccxxxvi.) thus > fpeaks : — " Sint in quoUbet Uecanatu duo vel tres viri, deum habentes prce oculis, qui excejfus publicos prcelatorum, et aliorum clericorum, ad mandatum archiepifcopi vel ejus OfficiaUs, ipfis denuncient :"— and who had been, nine years before, inftituted by the council of Narbonne in thefe words : — " Difiricte mandamus, ut ab epifcopis teftes | fynodales in fimgulis infiituantur parochiis, qui de hcerefi et de aliis criminihus manifefiis diUgenter inquirant, pofimodUm epifcopis quod invenerint relaturi." Antiquities of Canterbury, p. 176. Parochial Anti quities, Vol. II. p. 364. Charge at Tot- nejs, A.D. MDCCVIII. C. I. E. A. Vol. II. p. 972. Tit.XLIi. c. IX. CC. M. B. elH. Vol. I. p. 637. (') Herbert fays oi the country parfon, tha.t " he ohierwes vifitations, and, being there, makes due ufe of them, as of clergy councils, for the benefit of the diocefe." SS. CC. Tom. XIII. col. 1108. can. XIV. The Country Parfon, c. XIX. p. 62. 210 Personal ^Functions. [Part IV. Hiftory of Churches in England, chap. XVI. p. 286. Stillingfleet'sEcclef. Cafes, Vol.1, p. 2. Analyfis CC. Gen. ei Part. Tom, IV. p. 208. See Hincmari Oper. Tom. I. p. 716. Decret. P. II. Cans. xxxv. c. VII. A.D. DCCCCVI. SS. CC. Tom. XVII. col. 54. Thefe were the true juratores fynodi or tefies fynodales (from whence, fays Staveley, "our Quefi-men, who are to be aiding and affifting to the churchwardens, are called Side-men, i. e. quqfi Synod-men ") — not fucceffors of the rural Ueans in the office of detecting, after the latter had begun to decline in authority, as affirmed by Kennett ; but, on the contrary, employed long before (^' teftibus fynodalihus arci)fpresbgterf aut Uecanf rurales fuffectifunt," fays Richard) in the duty of laying informations before the biffiop in private at the epifcopal fee, or publicly at fynod. On which latter occaflon, it was cuftomary— at an elder date than the Narbonne and Canterbury canons — as early, indeed, as the days of Hincmar — for the biffiop affembled with his clergy and laity in council "pofi congruam allocutionem," to appoint certain "matu- riores, honeftiores, atque veradores viros," to give infor mation upon oath^ concerning the manners of the (') Can. XVI. "Jurabunt te&es iynodiLles, vel faltem ftdem loco jura- inenti piabunt in hdc forma. Priino, quod per totum annum ufque ad fynodum proximam diUgenter inquirent, fimpliciier tam^n de piano et abfique ulld jurifdictione, quce carrectianis et reformationis tam in clero quam in populo fint neceffaria : et quod ilia fideliter referent in concilio provindali et fynodo epificopali proximo celebrandis, poftquam fuerint requifiti: u fur arias, adulter os, concubinarios notorios,feu manifejtos, et quofcunque manifefte et publice delinquentes, tam in clero quam in popuh, quos debitd ad hcec adhibitd diligentid, perquifiverint, deferre et denuntiare, quando fuper hoc requifiti fuerint, denuntiare non omiltent." See Concil. Salisburgenfie, ann. mccccxx, cap. ii ; alfo the title de Tefli bus Synadalibus in the fourth council of Milan (A.D. mdlxxvi.), cap. vi. SS. CC. Tom. XXI. col. 296 ;— and the fame title in the council of Avignon (^.D. mdxciv.), cap.iv. SS. CC. Tom. xxl col. 1331 ; and of Rome(J.Z). MDCcxxv.), SS. CC. Tom. xxi. col. 1898. Such prefentments of the ftate of the churches, clergy, and people, within the diocefe of Sarum, by fynodal witneffes, Mr. Boucher informs Sect. IIL] Sjgnoliical ISuties. 21 m ss. cc. Tom. XVII. col. 54. people within the diftrict of fuperviflon^. About the title of thefe primitive yecwfar witneffes, then, there can be no doubt. They are expreffly denominated, by the council of Salzburg and others, tefies puhlid five\ fynodales. In Rheginon's Articles of Emquiry, they bear i^j^s'jj™;^'^'''"- the title of Uecani: " Si in unaqudque parochia Uecanf yzn?i per villas confiituti viri veraces et deum timentes, qui \ cceteros admoneant, ut ad ecclefiam pergant ad matutinas, \ miffam et vefperas : et nihil operis in diebus fefiis fadant. Et fi horum quifipiam tranfgrejfus fuerit, p-esbytero an- ; nuntient ; fimiliter et de luxurid, et omni opere pravo : " I and the fame in an early council of Rouen {A. D. dcl.), can. XV., the words of which have been already adduced, in a note at the beginning of the |^orae. I To the circumftance of the names being identical for \ the lay axA fpiritual police, and the duties, as appears] from the cited article of inquiry, fo much alike, may be | attributed the erroneous application of the title of tefies fynodales to our fpiritual Ueans ; (who were not merely "puriputique delator esf like the lay-informers, but were clerical fupervifors with confiderable jurifdiction)— a ss cc. Tom. VII. col. 406. me, occur in regular feries in the epifcopal regiftry during the fifteenth century, and particularly in the year mccccv. In fome few inftances the prefentments alfo contain accounts of the lands and titles belonging to benefices. (^) At a later date, they had to give an account of the conduct of the rural Deans themfelves— " JSi (in fynodo dioecefanfi) eligantur teftes fynodales, five per DecanatuS, five aliunde ad arbitrium epifcopi, qui omni exceptione majores explorent in tatd diwcefi per parcecias fimgula- rum, atque etiam archidiaconorum et Decanorum actiones, de quibus in proximd fynodo epifcopo renuntient." And, probably, the like reference to Deans rural may be intended in Archbifliop Edmund's conftitution, before quoted.^ p 2 Analyfis CC Gen. et Part. Richard. Tom. IV. p. 208. CC. Rotomag. Provinc. P. I. p. 215. 212 Personal iFunctlons. [Part IV. Statuta Synod. Ecclef Ceno- manenfis. In 'ihefauro Script. Veter. Tom. vn, col. 1401. SS CC. Tom. XVII. col. 142. Van Efpen Jur. Ecclef. Univ. Parti. Tit. XVIII. cm. p. 108. miftake firft made by Lyndwood under the guidance of an Italian canonift, Joannes Andreas^ Though we look in vain for any canon or conftitution of the church beftowing on Ueans rural in general the title in queftion, ftill, in point of function, they were fynodal witneffes at the epifcopal fynod — as well as the t lay-officers above mentioned — ^informing and attefting ¦ fuch diforders of the clergy and people, as, during their I previous vifitations, they had obferved to be meet for I epifcopal interference: — "Dum vifitent Uecanf offidum I tefiium fynodalium exercentes, inquirant fumnmrik de noto riis criminihus et fcandaUs ejufdem loci, tam clericorum ' quam laicorum : et quod per fe corrigere nonpoterunt, epifcopo referant infra menfem, ut fecundum eorum relationem ad I plenam inqufitionem deficendat epifcopus et corrigat, ut viderit expedire." And, on one occafion, it feems, they were appointed with laymen to the office in fact, and fiared with them the title of tefies fynodales for the time being. Such a nomination of Ueans ruraP, arcSprfests, and Ueans of (ffil)rfstfanftg, occurs in the fortieth canon of the council of Paris {A.D. mccccxxix). In the diocefan fynod of Antwerp {A.D. mdlxxvi), the rural Ueans are invefted with the capacity of appointing tefies fynodales by Francis Sonnius. — Seeing that vice Strype's v^BBO^j, Vol. II. Part II. p. 697. (') See Card. Hoftienfis fol. cxix. ywper primo Decretalium, de Officio SlrcJipres^Steri — "ut fimgulce plebes &c." Johnfon's Ecckfi. Laws, Ad denda &c. J.D. MLXIV. ; Boehmer Jus Eccleficift. Prateftant. LlTj. in. Tit. XXXIX. § LXIII. feqq. " an teftes fiynodales conferendi cum jpetlo- DeutiS ? " § Lxv. ; and particularly Bifhop Dopping's of Meath Tractatus de Vifitationibw Epifcopatibus, cap. xxi. pp.48, feqq. C) Bifhop Freak, in his paper on rural DeanS or fuperintendents, fays they are termed In the law Teftes Synodales ; but this is a miftake. Sect. IIL] SgnoDical ISuties. 213 Stat. Synodal. Dime. Antverp. de Teftibus Sy- nodaiibus rejli tuendis, p. 254. had vaftly increafed, from the want of fufficient detection and expofure, the biffiop commands his Ueans — " Ut in fingulis parochiis eonfiituant duos viros honeftos et selofos tefies fynodales, qui concubinarios, adulteros, clericorum in- vafores ac percujfores, ufurarios, contractufque illicitos exer centes, et qucecunque crimina ad nofiram correctionem fpec tantia quotannis coram ipfis Uecanis aut aliis ad hoc nobis deputandis exponant, ut habita inquifitione pofiit contra eos procedi ad emendationem." The duties of Ueans rural, abridged as they are in ' modern days, approximate very nearly to thofe of the rural tefies of old; though, in the by-gone days of the ; former's plenary jurifdiction, they far furpaffed the jura- \ tores fynodi in the extent of their commiffion. But to return to diocefan fynods — whence has inci- | dentally arifen this too long digreffion on tefies fynodales, their origin, duties, and likenefs to Ueans rural. [ The canons of the church vary in their injunctions as I Ecciefmfti,ai . . . ' Cafes, p. 2. to the frequency of holding epifcopal fynods (ftill exifting, ' Biffiop Stillingfleet tells us, under the type of diocefan vifltations^), at which Ueans rural, heretofore, made their atteftations and prefentments fuch a convention of the clergy under their diocefan (the moft ancient form of fynod, though not the moft Once a vear, at leaft, ' Thomaflin. r. et •' N.E.D. Tom.II. P. II. L.III. C. LXXV. Decret. P I. Dift. xvm. C. XVI. (') At the time of the Reformation under Henry VIII. the fubmiffion Kennett's Ec- ofthe clergy made all diocefan meetings to be executive vifitations, no ',„oUs,Varti longer legiflative fynods: yet, when the clergy's fubmiffion was repealed ;p-201. under Queen Mary, the diocefan power of legiflation returned ; and in that reign, Bonner and other bifhops held fynods and framed conftitu tions for their refpective diocefes. But now that fubmiffion has returned upon us. 214 Personal iFunctlons. [Part IV. Parochial Anti quities, Vol. II. p. 363. SS. CC. Tom. XIX. col. 1292. can. XVIII. dignifled) was affembled. — "Annis fingulis epifcopus in fud dioecefi fynodum fadat defuis clericis, necnon abbatibus, et difcutiat alteros clericos et monachos." At this council of the diftrict, the rural Ueans of Eng land were rightful coadjutors for deliberating on the affairs of the church : and, when duly conftituted, the fynod conflfted of the biffiop as prefldent, the catj&eUral Ueans in the name of their collegiate body of presbyters, the archdeacons as deputies or proctors of their inferior order of deacons, and the rural Ueans ^ in the name of the parochial clergy, as the proper delegates and ftand ing reprefentatives of that body, to confult with the biffiop upon all matters connected with the church and its local difcipline — •" Ut quce ex ipforum judicio reforma- \ tione opus habere comperientur, communi confilio emendentur." Wilkins'sX)?^er-tatio Epiflolaris, &c. p. vii. CC. At. B. et H. Vol. I. State of the Church 8f Cler gy of England, pp. 23, feqq. Stat. Synod. Dioec. Audomar. Tit. XXII. c. II. p.m. Stat. Synod. Dioec. Ypren- fis, 1. cap. IIL p. 9. I (') This procuratorial character of DeanS rural, at diocefan fynods in England, did not go to the extent of fuperfeding the attendance of the parochial clergy ; who, in addition to the DeanS and archdeacons, if they had benefices within the diocefe, were obliged to perfianal attendance. \ If, however, at any time, the incumbent clergy were prevented attending on the bifhop by ficknefs or other caufe ; on fuch occafions, we may : underftand, the archdeacons and rural DeanS were empowered to act for them ; — a cuftom which obtained more particularly in the German fynods. In the diocefe of Saint Omer, it was particularly decreed (A.D. i MDLXXXIII. — MDCXL.) that all paftors fliould be perfianally attendant. ' They were not to be excufed on the plea of parochial duties, funerals, ; or marriages ; nor were the DeanS to admit any excufes as juftifying I abfence, till, on conviction of their neceffity or probability, they had pre- : fented them to the bifhop for examination. " Interim et pro fie et pro j fui diftrictus paftaribus refpondeant, adfint necne, abfentes nominent et fcripto tradant." And the like was decreed by the diocefan fynod of Ypres (A.D. mdlxxvii.) ; lady abbefles alone being excufed, cuftomarily from perfonal attendance, and allowed to depute their confeffors and chaplains inftead. Sect. IIL] SanoDical JiutteS. 215 And fo on the continent, in Belgium and the adjoining ftates, Van Efpen reports, " GeneraUter vocari capitulum epifcopale, reverendos dominos abbates, abhatifas, prcepofitos, arcSfpresbgteros xuxah%, priores, prioriff(xs,cceterofque omnes, qui de jure vel confuetudine fynodo dioecefiance intereje de bent!' See alfo Statuta Synod. Dioecefan. Yp-enf. cap. ii. {A. D. MDLXXVII.) The number of thefe fynods in each year varied, as above ftated, at different periods and places — once — twice — thrice — no general rule prevailed. Once, however, may be faid to have been the mofi frequent ufage — "Ad minus femel in anno, uhi non efi confuetudo bis annuatim celehrari." But, in the ancient formulary for holding them in England, the order is that they be convened twice a year, and fuch Wake afferts to have been the mea fure of them here ; though the common direction of the canon law, with which Lyndwood agrees, was once only. An epiftle of the archbiffiop of Rouen {circa A.D- MccLxxx.) de Regularium Privilegiis orders every metro politan to hold a provincial council, annually, " nonfioliim de epfcopis, veriim etiam de capitulis cathedralium et ali arum ecclefiarum, abbatibus exemptis et non exemptis, necnon de Uecanfs ruralihus et aliis ecclefiafiicis viris deum timen- tibus et peritiam habentibus Utterarum; ut communi omnium confilio, cum dictum negotium omnes tangat, via communis et utilis eligatur ad obviandum pericuUs, et onus profequendi negotium ab omnibus fupportetur &c." In Germany, the conftitution of Cardinal Campegio {A. D. mdxxiv), before referred to, bids the celebration of an epifcopal fynod by each diocefan biffiop, "fingulo anno faltem cum potiorihus prcelatis Uecanis ruralfbus, vi- rfque dignis : " — but the Formula Reformationis {A.D. Jur. Ecclef. Univ. P. I. Tit. xvin.c. I. p. ID,'). Synod. Bafil. Seff. XV. SS. cc. Tom. XVII. col. 288. State of the Church ^ Clergy of England, pp. 23, feqq. CC. Rotoma- genf. Provinc. P.I. p.155. & P.II. p. 53. can. II. Brown's Fafci culus, Rerum, p. 428. 216 Personal ifunctions. [Part IV. Form. Reform. per Cafar. Ma- jeft. pp. 6. & 30. Lovanii. SS. CC. Tom. XIX. col. 1380. Field of the Church, B. v. p. 508. Thomaffin. K. et N. E. D.Tom.u. P. II. L. III. c. 75. Decreta Anti qua Synodi Ca- meracenf. p. 72. MDXLVIII.) under the head de Ordinum Ecclefiafiicomm Offidis, recurs to the olden cuftom of twice, — enjoining all ecclefiaftical officers, whether archdeacons, cfiorepf- scopf, arclipresbgters, or Ueans rural, "fynodis epifcopaUhus interefi'e, referre, et exponere illic fuce portiunculce fiatum et una cum partibus confiulere ac decernere &c." So alfo the council of Cologne under Adolphus {A.D. mdxlix.) : "Bis quotannis pro veteri more." And the latter alfo prefcribes that the Ueans and their co-attendants ffiould have their expences paid by the perfons whom they j reprefented, and grants a power of compulfion on non- ; payment: — "iBccanf collegiorum accedentes ad fynodum ' pro fuis collegiis in religionis officio et dignitate find confer- '. vandis : et Uecani rurales pro fuce regiunculce parochiis j deo utique militant. Nemo verb militat unquam fuis dif- pendiis : Proptered fiatuimus, ut pro numero dierum, quibus I concilium durat, conferant Uecanfs fuis collegia, et parochi fubfidia in fumptus, quos necefi'ario facere debent, dbfqne ! omni tergiverfatione." The fynod of Cambray^ {A.D. mdl.) legiflates for the Uecanal retinue on the occaflon: — " Quilibet tittanu% pro fe, et duobus facerdotibus fui Uecanatus, quinque equis, et qudlibet die, pro quoUbet equo, fecundum difiantiam locorum, octo grofiis turonenfibus regalibus fit contentus, veniendo ad fynodum, et remanens ibidem, quoufque computus Uecanorum Acta Concil. Cameracenf. ad finem. CC. Rotom. Prov. P. II. p. 489. Synod. Lexov'ienfis. (') Attached to the report of the provincial council of Cambray (A.D. MDLXV.), are the names and titles of eighteen rural DeanS — " arc5)iprcg- bgteri feu Decani ©j^ristianitatis dicecefis Cameracenfis, tam fuis quam curatorum fuorum Decanatuunt refpective nominibu,s :" and others, again, appear in the mufter-roll of names, " tam de jure quam de confiietu- dine," prefent at fynod in the diocefe of Lifieux. Sect. IIL] SsnoDlcal HutieS. 217 fint finiti, et per unam diem ultra : nifi de mandato Domini &c. diutiUs remanere debeant." In the diocefe of Ypres in Flanders, it had been cuf tomary to hold two annual conventions of the dignifled and inferior clergy in the cathedral church; but, in confequence of divers inconveniences experienced by the parochial clergy in attending a fecond time, it was decreed, under the fanction of the fynod of mdlxxvii, that the Ueans alone ffiould be obliged to a fecond at tendance, at the joint expence of all the clergy, in the biffiop's palace : — "De rebus religionis, et de fiatu eccle fiarum, fuis et pafiorum fuorum nominihus cum epifcopo com- municaturi : necnon declaraturi, fi quce difficultates pofi novifiimam fynodum fuhortce fuerunt, quce commodh ufque ad alteram fynodum differri non pofi'unt : atque etiam audituri, quce ipfis ex officio proponi continget," &c. A privilege of confolidating the two meetings, again, into one, on the united authorities of the Tridentine, Lateran, and Bafll decrees, was ceded to the difcretion of the biffiop by the council of Rouen {A.D. mdlxxxi.), in expectation of a proportionate increafe of care and attention to the duties of the flngle feffion ; which were provided for by exprefs canon : — "In ipfis archidiaconi et Uecanf rurales de curatis tam prcefientibus, quam ahfientihus, epifcopo debent reddere rationem, et omnia in vifitatione et calendis audita et comperta referri, examinari, ac judicari, et fiatuenda puhlicari." And the fame precept appears in the canons of the council of Rheims {A.D. mdlxxxiii.) — and of Saint Omer of the fame year : — ^the latter of which fynods enacts, "iSecanf, quibufcum ante et pofi fynodum de toto dioecefis fiatu et bono, agendum nobis efi, maturiUs adfint, et uno atque altera die fynodi diem prceve- Stat. Synod. Dicec. Yprenf. Tit. I. cap.v. See alfo SS. Ro tom. Prov P. II. p. m.AD. MDCXL. SS. cc. Tom. XXL col. 636. cc. Rotomag. Prov. P. I. p.215.can.xxxi. col. 713. Decret. Synod. Audomar. Tit. XXII. cap. IV. p. 112. 218 Personal iFunctlons. [Part IV. niant, et quid iis faciendum fit, a nobis pofi fynodum man- data accipiant." But of the frequency of holding epifcopal conventions we have faid enough; — a few extracts explanatory of the Uecanal duties in connexion with them, and we have done — referring the reader, who may be deflrous of more detailed information, to Van Efpen de Synod. Dioecefi. &c. Part I. Tit. xvm. cap. i. p. 105. and the Directorium Sy- nodale of the diocefe of Cologne publiffied by Arch biffiop Maximilian, A.D. mdclxii. In council affembled, the Ueans delivered to the pre fiding biffiop their acta tifsitatfonfs, attefting the fame by oath ; and otherwife informed him, orally or by letter, of the temporal and fpiritual circumftances of their re fpective Uecanates — ^particularly delivering to him formal prefentments, in fcriptis, of all that was amifs in the rural diftricts under their charge ; and availing themfelves of the opportunity of paying the feveral taxes due on ac count of the parochial clergy to the diocefan ; of which I impofts, as we ffiall hereafter ffiew, they were the official I collectors. Such was the ufual routine, " in obedience to the oft-repeated injunction that bade them to be dili gent in their delegate, refponfible overfeerffiip, and to report every thing to the biffiop." But when the matter of their prefentments was urgent, and required imme diate epifcopal interference, they waited not for the flow formality of the periodical fynod, but went at once with their complaint to the biffiop in private, and received his instructions thereon \ (') This uniformity of reference on the part of DeanS rural to the bifhop, at his fee, or at vifitation, or fynod, is invariably obferved by continental Sect. IIL] JbsnoDical HutieS. 219 Even monthly^ reference to the biffiop (under the title of " the ordinarie ") is ordered in the Gloucefier Injunc tions of Cardinal Pole (^.D.mdlvi.) — Touchinge the clergie," carl. XIV. All prefentments are commanded to be thus often laid before him, or his chancellor, by the Uean rural, the churchwarden fupplying them to the latter : — " That every Ueane do fende all the prefentments, that ffiall come to his hands, to the ordinarie, or his chaun- celor, monthelie uppon pain of contempt : " — which pre fentments are, by the fame Injunctions, " Touchinge the laitie," can. xvii., ordered to be delivered by the church wardens into " the handes of the Uean of the Ueanrfe, as they will avoyde the daunger of perjurie, and forfeting of theire recognizances." But to go back to epifcopal fynods of earlier times, of the economy of which, as well as the concern of Ueans rural therein, the fee of Augsburg offers an ancient and very interefting example. In that diocefe, St. Udalric, a canonized faint of the tenth century, was wont to felect, in conjunction with his arc^presligters, fuch places for his fynods as were leaft liable to civil interruption ; and there, in fecluded conference, to make ftrict inquiry of the attendant arcj- prfests and Ueans, into the ftate and condition of their cc.M.B.etH. Vol. IV. p. 146. continental councils of the fixteenth and feventeenth centuries :— witnefs thofe of Augsburg (A.D. mdxxxvi. and mdxlviii.) ; of Cambray (A.D. mdl. and mdlxv.) ; of Malines (A.D. mdlxx.) ; of Melun (A.D. mdlxxix.) ; of Rheims (A.D. mdlxxxiii.) ; of Acqui (A.D. mdlxxxv.) ; of Rouen (A.D. mdcxxviii.) ; and innumerable others. O The Dean rural is ordered by the Reformatio LL. Ecclef. to lay his prefentment before the bifliop or ordinary "infra decem dies in fcriptis." Thomaffin. K et N.E. D.Tom.u. P. II. L. III. c. i.xxiv. p. 790. Ejufdem, de Be neficiis, Tom. I. p. 229. CC. Rotomag. Prov. P. II. p. 125. Cap. V. p. 95. 220 Personal ifunctions. [Part IV. Boehmeri Jus Ecclefiaft. Pro teft. Lib. ni. Tit. XXXIX. § XXXVIII. Tom. in. pp. 585-6. ex Mabillon. in Act. Benedict. p. 432. n. 30. fubject churches, the morals, and religious obfervances of the inhabitants, &c. — " Congregatis ante fe clericis arcSipresbgteros et Uecanos, et optimos quos inter eos ime- nire potuit, cautd interrogavit, quatenus quotidianum dei fervitium ab eis impleretur, et qualiter illis populus fiibactus ex eis regeretur in fiudio prcedicandi docendique, quantdque cauteld infantes baptizar entur, infirmi vifiitarentur et unge- rentur, defunctorum etiam corpora quantd compajfione fepul- turis traderentur, viduis et orphanis in univerfis necefiitatihm fubvenirent, quantoque fiudio in hospitibus et advenis Chrift o minifirarent, fi fubintroductas mulieres fecum habuiffent, et inde crimen fufpicionis inderent ; fi cum canibus et accipi- tribus venationes fiequerentur, tahernas canfd edendi vel bi- hendi ingreder entur, fi turpes jocos in ufiu haherent,fi ehrie- tates et commeffationes fupra modum amarent, fi rixis et contentionihus et cemulationibus defiervirent ; fii nuptiis fecu lar ibus inter effent ; fi aliqui eorum minifieria indecentia in confuetudine haberent: fi per kalendas more antecejorum fuorum ad loca fiatuta convenirent, ibique folitas orationes explerent, fuafique ecclefias ad tempus revifierent: fii obedi entiam eorum magifiris prcebuiffent, et in toto fuo minifierio devoti et apti manere fiuduiff'ent. Refiponfione autem de interrogatis facta et ratione veritatis perceptd fiantibus in rectitudine dulcifiimce confolationis gratia gratificavit et ut deinceps a normuld jufiitice ne devilrent, fuavi colloquio admonuit, erroneos autem per devia incedentes fratres dignis terruit correptionihus, et, ut pofiea confueta vitia omitterent, prcecepit." Such were the interrogatories put to the affembled clergy by the fainted prelate of Augsburg. The next century affords a very copious defcription of the formula of holding a diocefan fynod, in the year mxxii, at Salingeftat in Germany. It has been copied Sect. IIL] SgnoDical Duties. 221 by Van Efpen, and tranflated by Dr. Field. But the interrogatories of St. Udalric will fufficiently explain the concern of Ueans rural therein ; — and to his long cata logue of inquiries maybe added another of prefentments of a later date ; which the bifliop of Padua has left us, (bearing date A.D. mcclxxxiv, in fynodo apud S. Hippo- lytum — charging the clergy, generally, to make known to their Ueans in fcriptis, within a month, all perfons obnoxious to the defects and crimes enumerated therein as meet for accufation ; and the Utans, on their part, to lay the fame before the biffiop at fynod, on pain of grave puniffiment. — The catalogue, below given, con tains many curious items of impeachment \ I.E.U. Parti. Tit. xvin. c. II. Hiftory of the Church, B. v. p. 508. SS. CC. Tom. XIV. col. 889. (') " Accufandi funt circa infra fcripta." " Hi funt defectus et culpcB, crimina et articuli, de quibus funt clerici quilibet accufandi ; contra quos poterunt comprobari : abfentes a capi tula tam plebani, quain vicarii ; item abfentes a fuis beneficiis ; item vocati ad ordines et non venientes ; item ordinati ab aliis epfcopis ; item cohabitantes manifefie; item concubinas in aliis domibus habentes jmblice; item tabernarii, lufiores, et alias diffolutcB vitce. Item clerici tabernas infiuis domibus habentes. Item plebani, qui vicarios fuos fufti- nent cahabitare. Item clerici ufurarii, anticipatores, et antiquam monetam pro nova niutuantes. Item alchimiftce, et qui uturdur falfa moneta et argento. Item qui peregrinas, et ignotos redpiunt infocios. Item qui facramenta ecclefice vendunt, et fiuper remediis decedentium, conventionem faciunt, antequam fiepeliatur defunctus. Item qui propter augendum cenfium confiuetum amovent idoneos ab ecclefiis et iifti- tuunt minus dignas. Item qui decimas et proventus, five reditus eccle jiarum fiuarum laicis conf erunt, quibus impofterum eccleficB defraudan- tur. Item capellani caftrorum, villarumfeu civitatum, qui non veniunt ad capitula et conventus. Item apoftatcB et de apoftafid fiufpecti. Item qui interdicti,fufipenfi vel excommunicati celebraverunt, vel fie ingejferunt Item qui voluntarie laicos fiibi conftituunt advocatas. ItemItem habentes qui in fora feculari prcefumunt advocatics officium exercere. SS.CC.Tom. XIV. col. 889. 222 Personal xfTunttions. [Part IV. DecretaAntiqua Synodi Camera- cen/(s,MDL.p.73. So copious are the articles of inquiry, juft introduced into our text, from the canonized Udalric of Augsburg, and fo full the foot-note of delatahle crimes and defects of the biffiop of Padua at St. Hippolyte, that it is fcarce neceffary to offer any farther illuftration of the nature and character of the fynodal prefentments of Ueans rural, from later councils. We will flll up the gap of inter vening centuries with &few only of the many prefentable facts, offences, &c. of other churches, culled from their documentary and conciliar collections; and will add, from the fynods of Milan, Cologne, and Reuffen, in par ticular, the laft authentic memorials we poffefs of the connexion of Ueans rural with epifcopal conventions; — concluding our extracts with a few notes on the coftumfr and behaviour of thefe officers, when in attendance at them. Thus writes the fynod of Cambray {A.D. mdlvi.) — "IBecanf omnium ufurariorum manifefiorum et excommu- habentes pluralitatem, beneficiorum. Item qui corpus Chrifii et ckrifina fuh Jideli ciftodid non refervant. Item fine miniftra celebrantes. Item religiofi fine licentid epifcopi plebes regentes. Item plebani qui fuas aliis locant ecclefias, et incarias ciffunnunt regendas. Item dilapidatores fuarum ecclefiarum. Item qui fiymoniace ordines vel beneficium, fuf- ceperunt. Item illegitimi habentes beneficia cum curd animarum. Item qui fine invefliturd epificopi et infiitutione canonicd ecclefias redpiunt, atque regunt. Item qui per fubdiaconum vel Decanum plebes fuas in viatica et confeffiane procurari permitlunt. Item qui excommunicatos, vel interdictos redpiunt ad ecclefiafticam fepulturam. Item qui fine licentid noftra in oratoriis vel ecclefiis non canficratis, vel vialatis miffas celebrant. Item qui in ccemeteriis rum confecratis vel vialatis permittunt mortzios fepelire. Item qui fuhplantatores fiint et anticipatores. Item tranfigreffores omnium prcedictarum ttatutarum." Sect. IIL] ,$£inoDical Duties. 223 nicatorum per annum et diem, totius fui Uecanatus nomina et caufas excommunicatorum infcheduld deferant anno quo Ubet ad fynodum vel computum &c." — "Item referant no mina presbyterorum omnium qui in fuis Uetanatibus illo \ anno obierunt, ut in fynodo abfolvantur &c." j "The Uean rural or superfntenUant," fays the biffiop of i Bishop Freak's Norwich (^.D. mdlxxx.), "ffiall make faithful, careful, vernment,by and diligent inquiry, not only of every minifter in the J™L"fo. Ueanrg, but alfo of every man of account ; which may Xpendi^v^sl'. either be profitable or dangerous to the ftate, in their feveral pariffies. And exhibit their names, according to every feveral Ueanrg, in a fair long parchment fcroll, to the biffiop, or his chancellor ; to remain with them, or either of them: giving advertifement from time to time, of their amendment, or waxing worfe and worfe. Whereby the biffiop ffiall be able to cut off any mif chief, as it firft fpringeth forth ; and be a moft notable inftru ment of advertifing and preferving the eftate. Befides, by the authority refident, and as it were overwatching the behaviour of the neighbours round about, all fmaller, ufual offences, as fwearing, drunkennefs, lewd, lafcivious talk, and fuch other enormities, which are as it were entrances into the more grievous and enormous fins, may be reftrained and puniffied. Which now are jefting matters, of fmall account." {See more in loco — where Freak propofes that the Ueans ffiould fit judicially on delinquents, as affiftants to the biffiop or chancellor in fynod affembled.) The council of Bourdeaux {A.D. mdlxxxiii.) impofes on Ueans rural the fynodical duty of making known to the diocefan all vacant benefices, the names of non- refident clergymen, and thofe who, being poffeffed of ss. cc. Tom. XXI. col. 790. 224 Personal iFunctions. [Part IV. ss. cc. Tom. XXI. col. 1507. Synod. Lexov. cc. Rotomag. Prov. P. II. p. 505. Conft. Part III. cap. X. SS. CC. Tom. XXI. col. 462. .<4.ZJ. MDLXXIX. Directorium Sy- nodale M. Henr. Arch. Colon. 4. pro fctcaniS ru- caliduS. benefices, are not ordained priefts, within their refpec tive jurifdictions : and the like canons paffed the council of Narbonne, cap. xxviii. {A.D. mdcix.) The fynod of Lifieux enacts {de Uecanfs) " Ut per cedu- las fuas in fingulis fynodis fideliter — nobis referant, aut vicariis nofiris, qui fint curati non refidentes, ubi morentur, et de caufd fuce non refidendce, ac de eorumdem curatorum vicariis, fi et quandb fuerint a nobis approbati &c." The fifth council of Milan, under Cardinal Charles Borromeo, records the ordinary duties of rural Ueans (there termed "ijfcarff foranef "), and thofe which more particularly fell to their lot at the epifcopal fee, on occafion of a congrefs of the biffiop and his clergy — " Cum fynodaUs dies propd adefi, fjfcarff ioxanti pridi^ illius diei adfint fummo mane in cedibus epifcopalibus ; eoque ipfi die qufimprimum epifcopo nomina, et cognomina tradant, eaque ordine defcripta, facerdotum, et clericorum fingulorumf. qui ad fynodum conveniunt, ac rursus abfentium caufis figillatlm item defcriptis, quamobrem fynodo non adfint. Idque prceter officium legitimce excufiationis, quam, qui ab- fimt, epfcopo afferre et probare debent." In the following century to Borromeo, Maximilian Henry, archbiffiop of Cologne {A.D. mdclxii.), com manded his Ueans rural to perform the like duties four days antecedent to the affembling of the diocefan fynod ; at which each rural Uean is ordered to deliver in a formal document to this effect : — " Ego N.N. pafior in N. Uecanus ©Srfstfanftatfs N. fub archidiaconatu N. con- fiitutce, habeo fuh meo decanatu parochias numero N. N. inter quas aliquce funt filiales, videlicet N. dependens cl ma- trice N. item N. dependens a matrice N. capellas N. paro chia m. ficut ex antiquis documentis conftat, fiolvere confuevit Sect. IIL] SanoDical Duties. 225 ad taxationem . ... ad decimationem et ad cathe- draticum ......." Laftly, the council of Reuffen {A.D. mdccxx.) fummons annually a diocefan fynod upon the ufual footing, — " in ^Manc Suppie- 77 *¦ •/• r 1 ri- » /. XT, X'T^^rit. ad SS.CC. qua, collatis epijcoparum cum fuo clero confiliis, lays the i Tom.vi. coi. 350. fynod, "fiatuantur ea, quce pro communiori totius dioecefis \ bo-no fiatuenda videbuntur, et caveatur, ne, quce ben^ fiatuta i funt, temerentur;" — and then it proceeds to the duties, ' more efpecially, of protopresbgters or rural Ueans in con- ' nexion with this convention : — "Ad fynodorum diocefana- j rumfructum uberiiis ajfequendum protopresligterf,/ttJe Uecanf, ' quibus id potifiime incumbit, ac etiam parochi in fud, vel i vicind parochia dfpidant, an ii, qui curam animarum gerunt, refideant, et follidti fidelium fialuti invigUent : an in facra mentis fancte minifirandis, in rudium, ac puerorum ad doc trinam Chrfiianam infiitutione, cceterifque officiis cures parochialis diUgenter fe prcefient ; an eccleficefanctce tectce fint, obferventur, ac ornamentis, et facrd fiuppellectili congrui in- j fiructce ; an ea, quce in fynodo provindali decreta funt, j obferventur, tam quoad internum, quam quoad externum , ecclefiarum fiatum. Inquirant, an populus colat dies fefios, et frequens conveniat ad divina offida; an jejunia obfervet \ fiatutis temporibus; an aliqui fint facrilegi, blajphemi, ex communicati, fchifmatid, ac demagid, et fuperjiitione fufpecti, eaque omnia ad ordinarium fcripto deferant ante fynodum dioecefanam, ut iis opportune malis medeatur." See Van 1 Efpen Jur. Ecclefiiafi. Univ. Part i. Tit. xvm. pp. 106-7. ; — 'on the Milanefe and other diocefan fynods. 226 Personal ifnnctions. [Part IV, Corfi. Synod. Epifcop. Attre- bat. A.D. MCCCCLV.Thomaffin. F. et N.E.D.Tcm.n.P. n. L. III. cap. i.xxv. p. 791. Ant. Statuta Si/nod. Ecclef. Mduenf Thef. Anecd. T. IV. c. 474. SS. Rotomag. Prov. P. ir. p. 436-37. Provinc. L. ill. Tit. I. p. 118. gl.inw.decenth. gl. in V. hahitu clericali. Director. Syno dal. Archiep. Colon. A.D. MDCLXIL On the above and all other occafions of clerical gathering, it behoved the arcfiprfests or Ueans ruraP to wear their proper canonical veftments, as the albe, and fiole or fcarf—"Wttani (Eiyxi^tianit&tis fanctam fiynodum intrent alhis et fiolis," fays the council of Arras {A.D. MccccLV.) — and the parochi (according to the Cologne^ canons of A.D. mcclxxx.) were to wear their fuperpelli- dum or furplice alone ; — which garb the fuperior func tionaries were to fee duly obferved by their inferiors. Indeed, it was, in general terms, enacted by thefyrrndd fiatutes of the fee of Autun, that the arc^prfests ffiould be attentive to the habiliments of their fubject priefthood — that they were fuitable to the occafion — " Caveant arc^fprestigterf ut eorum fiubditi veniant ad fynodum in habitu competenti." The Liber Synodalis of the biffiopric of Seez {A.D. mdxxiv.) impofes the fame garb on all, without diftinction of grade — " Ut eorum quilibet rejpectiv^ haheant et deferant unum caputium honefium cum corneta, (' ) The drefs of rural Deans at their own chapter-meetings is elfewhere noticed. It was alfo the fubject of ecclefiaftical regulation on ordinary occafions — " Omnes Decant rucaleS decenter incedant in habitu clericaM, et cappis claufis utantur : " — where Lyndwood tells us decenter may refer " ad formam, longitudinem, brevitatem, ftrictitudinem, vel ampU- tudinem veftium," As to colour, red and green were forbidden, alfo ftripes and parti-colours. But we have not information enough in the glofs upon habitu clericali, to attire our functionaries €k tui' iroSm es Ttjv KscpaXrjv ; — and therefore we leave them with a hope that they neither drefled too fmart nor too mean — "nee nimis fulgidis, nee nimis fordidis veftibus.'' On cappcB claufie fee before ; alfo Macri Hierolexicon, p. 121. in V. cappa; p. 583. in Y.Jtola; p. 601. in v. Juperpelliceum. C) i^vtak^^ictanl in loca Jynadi compareant ft:alis rubris latioribiis" — fays the Synodal Directory of the archbifliop of Cologne, A.D. mdclxii. Sect. III.] Sgnoliical Duties. 227 tunicam talarem ac longamf &c. — under a penalty of forty Turonefe ffiillings for difobedience. The fynod of Tournay {A.D. mdlxxiv.) adds : " Ut jejuni et rafi fynodum intrent, ufque ad finem permanfiuri, atque audituri quidquid in eo fiahilietur et confiituetur^." And the fynod of Lifieux prohibits " Ne tunc per ecclefiam vagentur aut ambulent, nee in ed confabulenturf &c. Both priefts and arcliprfests were to conduct themfelves with becoming circumfpection to and from the conven tion, that is, going and returning by the road : {fee CC. Rotomag. Provinc. P. ii. p. 78; Prcecepta IBecanfS, &c.); and while in attendance at the epifcopal fee within the province of Rouen, they were to be lodged and boarded at the palace of the archbiffiop and the houfes of the prebendaries ; or in the abfence of fuch accommoda tion, (which had been long difcontinued in the year MDCXXVIII.), it is enacted, " Que chacun Uogen/era election d'une maifon reguUere, pour s'y loger avec les cures de fion Uogenne, ety prendre fia refection." But, in a later fynod of the year mdcxci, it is deemed enough, " Qu'ils {les Decreta Synod. J'ornac. P.59.1V. SS. Rotom.Prov. P. II. p. 488. Synod. Lexo- vienf.SS.CC Tom. XIX. col. 238— 298.H. D. R. Vol. II. Appendix.Part I. S VIII. 1.0. of Rouen. CC. Rotomag. Prov. P.II. p. 124. Statut. X. (') By a condliar order of the fee of Arras (A.D. mcccclv.), entitled " De contumacia non venientium ad fiynodum vel minus debite receden- tium ab eadem "— DeanS rural are enjoined to bring with them to the convention the fynodal conftitutions of the diocefe ; and, before leaving the affembly, to exhibit them to the bifliop or his reprefentative, on pain of excommunication, and forfeiture of forty fliillings to be applied to pious ufes. By the precepts addreffed to the DeanS of the province of Rouen {A.D. MccxLV.), they are bade to correct their fynodal inftructions according to the decrees of the provincial council, and to fee that the copies held by the presbyters are corrected. q2 Ejufd. p. 153. Conft. Synodal. Epifcop. Attre- hat. A.D. MCCCCLV. CC. Rotomag. Provinc. P.II. p. 78. 228 Personal ifunctions. [Part IV. See Gibron on Vifltation, 59, 60,61. curez) avertiront le Uogen rural des logemens qu'ils auront choifis dans la ville pendant le fynode, afin qu'il puifie les trouver aisement, en cas que nous ayons hefioin d'eux," \ fays the archbiffiop, "pour re.gler les affaires de leurs e.glfes." i The ancient^ fynodical honour of Ueans rural in Eng land is ffiared, in modern days, between the church wardens on the one fide, and the reprefentatives of the parochial clergy, termed proctors, on the other; — the former being the grand inqueft upon every vifitation, '¦' the tefies fynodales of their refpective pariffies, bound on oath to prefent all offenders or violators of the laws of the church ;— the latter (nominally) reprefenting the j diftrict clergy in convocation, as heretofore the rural Ueans reprefented them in provincial and epifcopal fy- ParochiaiAnti-\ uods. "While tlic catl)eUral Ueans and archdeacons ftill keep their ancient right of fitting in convocation," re marks Kennett, " the rural Ueans alone have been forced to give place to an arbitrary election of two only for every diocefe, inftead of one by ftanding place for every Ueanerg." In France, however, on the authority of Richard's quities. Vol. II. p. 364. Directions to ChurcJiwardens, 9th Edit. p. 178. See Freak's Paper in the Appendix, Nor wich Documents, from strype. (') Till the rebellion (A.D. mdcxli.), we are told by Dean Prideaux, " diocefan fynods were kept up in the diocefe of Norwich, and all the clergy of the diocefe conftantly met at them every year — that is, the clergy of Suffolk at Ipfwich, and the clergy of Norfolk at Norwich. In which fynods the DeanS rural, having prefented whatfoever they had found defective, either in the manners and duties of the clergy, or in the reparation of the church, chancel, or minifter's houfe, in every parifli, within their refpective DeanrieS, care was thereon taken of rectifying whatfoever was amifs herein." Sect. III.] SgnoDical ISutieS. 229 Analyfis of the Councils, rural arcfipriests were honoured Analyfis cc. not long fince (during the eighteenth century), in t}a.e\eTvers.Dai- archiepifcopal fynod of Paris, with a dignified ftation on ""'^'" the left of the archbiffiop, where they were affociated \ with the catliEUral arcfipriests. And in the diocefan ¦ fynods of Salzburg, annually held throughout the pro- ccft.et Decret. vince, they alfo appeared in neceffary connexion with i aI^! c. lxiv. biffiops, or their reprefentative commiffaries, conftituting "''^ ' ^' local church-conventions. Nor were they overlooked, : according to Van Efpen, about the fame time, in the J«r.Ecci.Univ.P. I. T. XVIII. epifcopal fynods of Belgium. ic.m. p.ios. In fome few of our Engliffi diocefes, wherein the office of Uean rural has been revived, and is fuftained with I praifeworthy alacrity and zeal — the diocefans co-operat ing with their rural delegates in rendering the difcharge ^ of the Uecanal duties as efficient as poffible to church- ! difcipline — a faint imitation of the epifcopal fyijod of i elder times has been introduced with the beft fuccefs. The prelates of the fees alluded to, annually, or oftener if occafion require it, invite the Ueans of the different j Ueanries to a friendly conference at their refpective | palaces ; and, while there entertaining them as welcome • guefts at their hofpitable boards, difcufs with them the general condition of the ecclefiaftical cantonments of their diocefes — receiving from the hands of the Ueans their acta vifitationis (or articles of vifitational inquiry duly filled up), prefientments, &c., and advifing with them thereon — " Ut quce ex ipfiormn judicio reformatione opus ss cc. Tom. habere comperientur, communi confilio emendentur." Such is the ufage, I am happy to fay, of the diocefe of Sarum, commenced and zealoufly fupported by the venerable and learned Biffiop Burgefs; and the like, I believe. 230 Personal ifunctions. [Part IV. obtains in the diocefe of Winchefter — examples of pri mitive practice well worthy of univerfal imitation \ (') The Reformatio LL. Ecclef. would have reftored the ancient epi fcopal fynods in each diocefe : — See the fection " De ecclefid, et mini/Iris ejus, illorumque offidis." " Cap. xix. De fiynodo cujuslibet epifcopi in fud dioecefi." This and the four following chapters contain many ufeful and practicable fuggeftions, in cafe of their revival, at any time, by the church of England. The time of the annual convention was to have been notified by the bifliop to the rural clergy by the inftrumentality of the rural Deans — "per Decanos rMn'_^or/os "— elfewhere called " arc^i- presligteri rusticani," and " Decant rurales." See cap. v. S. IV. C. I.] Superbision of tlje ffiaits.— Offences. 231 SECTION IV. Supervision op the Laity. CHAPTER I. Prefatory Arrangement. — Supervisal of Laical Offences. N the numerous, I fear, wearifome extracts, which have been adduced in corroboration of the controverted vifitational duties of Ueans rural, and thofe undifputed ones, which, both in Great Britain and on the Continent, they performed at epifcopal conventions, many items of their perfonal \ functions have been incidentally, but briefly, touched j upon. The object there in view was not to anticipate, or fuperfede, a formal claffiflcation of individual duties in fubfequent pages, but merely to illustrate the vifitatorial and fi/nodical capacities of the officer, — not to particu larize and explain every item of perfonal fiervice, but fuch only as were neceffarily performed at vifitation and fynod. A large number have reference neither to the one nor to the other occafion ; and thefe remain entirely unnoticed. The canons and obfervations, therefore, now and hereafter to follow, propofe to fpeak of the latter, that is, of the whole range of perfonal duties in detail (faving vifitational and fynodical attendance, &c.) — whether per taining to the maintenance of church-difcipline in the 232 Personal iFunctlons. [Part IV. Parochial Anti quities, Vol. II. p. 355. perfons of the laity or the clergy, or to the general fup port of external decency and order in the ecclefiaftical concerns of the country. The fubjects alluded to will, collectively, occupy the remaining fections of the present divifion — Part iv. ; and will be diftributed in the following order: — In the firft fection we ffiall place the obligation impofed on our rural censors of fupervifing the parochial laity — of inquiring into, and fuppreffing, all laical profanenefs and immora lity — and of performing certain purgational, exorcifiical, catechfiical, funereal, and tefiamentary duties towards lay-members of the church. To the fecond head (though, in point of number and importance, paramount) we ffiall affign the fervices of Ueans rural towards the parochial clergy; whose manners and miniftrations they were more efpecially bound " to infpect and cenfure." Laftly, we ffiall confider, under as many feparate fections and chapters as the great variety of the fubject-matter may require, the refidue of the perfonal functions of UeanS rural — •thofe, namely, of a mixed minifterial character, bearing both on the clergy and their flocks — which were performed by Ueans rural, as public functionaries, under the authority of the hierarchy, for the general fupport of church-difcipline and good order, in the rural diftricts of each diocefe. To begin, then, with the parochial laity — whom the canonifts in general eonflgn to the fupervifing care of Ueans rural — ''IBecanf rurales," fays Van Efpen, "laicorum C.II. p. .30'. ' 'fuorum difirictuum mores diUgenter obfervent." — Not only, Molan. de Ca- obfcrvcs Molauus, iu Ms gloffarial remarks on the fynodal c.vra.pp.i58'-9., conftitution "ut fimgulce plebes, &c.", does the law exact, " Ut arcftipresigteri vifitent pafiores et parochiales ecclefias, Jur. Ecclef. S. IV. C. I.] ^uperbtsion of t]&e Slaitg. 233 fed etiam ut quales oves pafiores haheant, cognofcant et ad epifcopum referant." Over all the inhabitants^ of every village, within their jurifdictions, writes Dr. Kennett, Ueans rural exercifed a general infpection and fuperinten dence ; and, if any Chriftians lived in any open and fcandalous fln, the Ueans were bound to reprove their offence, and admoniffi them to repent, as they would anfwer it to God and the church. This power was entrufted to them in their perfonal capacity, independent altogether of their chapters ; and very important it was in preferving the peace, and afferting the difcipline of the church^. The church, by her canons, interfered, at an early date, in fupport of arcSfpresbgteral government over the laity — the imperitum vulgus of the oft-cited decretal of Pope Gregory — enacting in the forty-fourth canon of the Parochial Anti quities, Vol. 11. p. 354. Dr. Field, of the Church, Booke V. p. 507. (0 The commiflion of the pertoDeutffi and exarcjbt of the Eaft extended to the laity as well as clergy. They equally fupervlfed the fpiritual and moral condition of all; and by correption, admonition, and encourage ment, as need was, helped forward the falvation of all. See Balfamon's, Zonaras's, and Ariftenus's gloffes on the fifty-feventh canon of the coun cil of Laodicea, in Bifliop Beveridge's Pandects, Vol. i. pp. 479-80 ; and Priaulx's Brief Account af tlie Office of iSean mural. C) The following anecdote from Pegge's Biography of Bifliop Great- head fliews the fact of their interference even with the civil authorities, where the latter violated the difcipline of the church, its rights, and pri vileges. — " Roger de Lexinton, itinerant juftice, and his affociates, held plea°s of blood on a Sunday at Lincoln (A.D. mccxlvi.), and H. the rural Dean— Decanus ©j&ristianttatls— told them ' it was a thing that ought not to be done : ' upon which they gave him opprobrious language, | fliut up the door of his houfe, and feized on his effects, with fome lands 1 which he held in truft for his nieces, and fome goods of his relations, for the king's ufe. The bifliop of the diocefe, when he heard it, wrote to Lexinton, obferving to him, how ftrange it was, that men of their refpectable H.D.R. Vol. II. Appendix. Pegge's Life of Bishop Groffe- tefte, p. 88. 234 Personal iFunctlons. [Part IV. ss. cc. Tom. VI. col. 646. Thomaffin. V. et N.E.D. Tom. 1. P.II. I J. I. c.v p. 225. cc.M.B.etH. Vol. I. p. 547. council of Auxerre (^^.D. dcclviii.) "Si quis ex ficeculor ribus infiitutionem aut commonitionem arcfiipresligtcri/Mj contumacia fadente, audire difiulerit, tamdiii, a liminibus fianctce ecclefiice haheatur extraneus, quamdiu, tam fialuhrem infiitutionem adimplere non fiuduerit. Infuper et mulctam quam gloriofiifiimus dominus Rex prcecepto fuo infiituit,fafii- neat." And, yet farther to enforce the jurifdiction of arcfiprfests rural, ffie invefted them with a coercive au thority over the perfons of lay-offenders — " Videat e.xt^\- presbgter," fays a capitulary of the year dcccv, "utdili- gentifiimd examinatione confiringantur ; fed tali moderatione fiat difirictio, ne vitam perdant." On the abolition of the cfiorepfscopf of the diocefe of Meath, and the tranfmutation of the poorer epifcopal fees into the heads of rural arcjbfpresbgterates, it was ordered by Cardinal Paparo {A.D. mclii.), and repeated refpectable characters fhould punifli a man for informing them of what was juft and right ; and it certainly was but juft and right, that pleas of blood ought not to be held on a Sunday ; fince the canons directed that the day fliould be kept holy, and forbad that markets fliould be held, or pleas profecuted, or any perfon be adjudged either to death or punllh- ment, upon it. The Dean, he faid, ought therefore to have been com mended by them, and rewarded, for cautioning them againft finning, rather than puniflied ; and would have been culpable himfelf, if he had not apprized them of their fault. His lordflilp, in the conclufion, be- feeches and Intreats them to have regard to the Sabbath of the Lord, if they were deflrous of being true and obedient fons of Chrift the leglflator, and his fpoufe the church ; and, if the matters reported to him were true, that they would redrefs them ; remembering, that, fuppofing the Dean had given them offence, it was not their bufinefs to punifli him, fince, according t5 the law of God and the canons, the perfonal faults of clergymen are not to be animadverted on or puniflied by fecular judges ; nor would the church ever fuffer ecclefiaftical liberty to be fo inj ured and infulted." S. IV. C. I.] Supervision of tfie Saitg.— Offences. 235 by Biffiop Rochfort {A.D. mccxvi.) — "Ut arcfifpresbgterf de futuro infiituendi non foliim perpetuam et perfonalem refidentiam faciant, veriim etiam cleri et populi infra limites fuorum Uecanatuum fiolUcitudinem gerant." A few years later, in the diocefe of Clermont, the arcbpresbgters were charged to inquire in their perfonal vifltations "fummarie de omnibus notoriis ; etfi quid efi quod ficandalum generet ibidem in ^o^v\o, five clero &c." To aid Ueans rural in obtaining information of offences committed by the laity within their precincts, the clergy themfelves are commanded by the fynod of Saintes {A. D. MccLxxx.) to lay all grave faults before the Uean of their diftrict ; that he, again, may certify the archdeacon, or biffiop, of the fame — "Peccata notoria de quibus ficandalum in populo generatur,fignificent facerdotes Uecano, et Uecanus archidiacono, vel epifcopo: nfi forte per eos fint fopita : — timentes ne poenam incurrant, fi per alios ficandalum defie- ,fatur ;" — ^if the biffiop became acquainted with offences from any other than the appointed legitimate fource, the negligent parties were to be fubjected to canonical puniffiment. On no account were the Ueans, in their infpectional and correctional capacity, to accept any pecuniary com- pofltion for crimes amenable to their jurifdiction ; either for the concealment and fuppreffion of them, or for inflicting lefs feverity of puniffiment on the criminals than their tranfgreffions merited,— and this on penalty of grave puniffiment and removal from office. Such was the decree of Walter de Cantilupe, biffiop of Worcefter {A.D. MccxL.) : — '"Nee Uecanf pecuniam redpiant pro cri minihus celandis, et omnino fiupprimendis, vd remiffiUs pu- niendis. Quod fii tittmi fecerint, ab officiis amoti, graves ss cc. Tom. XIV. col. 319. SS. cc. Tom. XIV. col. 714. can. XV. cc.M.B.etH. Vol.1, p. 671. 236 Personal iFunctions. [Part IV. Brown's Fafci culus Rerum, p. 428. J. De Athon, Lyndwood, Bar bofa, aliique. Gibron's Codex I.E.A. Tk.:s.hn. cap.vi. can.cix. p. 964. puniantur."- Nor were their apparitors, if guilty, al lowed to go unpuniffied: — "Apparitores etiam Uecano rum, fi crimina celaverint, per offidalem epificopi graviter puniantur." Again, in the Ratisbon conftitution of Cardinal Cam pegio for the reformation of ecclefiaftical abufies {A.D. MDXXIV.), the Ueans are charged not to connive at crimes that ought to be denounced, not to wink at violations of the ordinances of the cardinal, "oh pecuniam ultrd oblatam, aut alterius rei gratia, fied potius ad poenas dejure vel confuetudine debitas contra delinquentes, pro delicti quaUtate et officii fiui debite procedant, &c." But what were the offences againft religion and mora lity, on the part of the laity, which conciliar law placed under the furveillance of our rural ecclesfastfcs, and commanded them thus honeftly and refolutely to de nounce ? — ^All tranfgreffions without exception were fubject, according to the canonifts, to their cognitional jurifidiction, though not to their correctional cenfure: — fee ©apitular Jpunctfons, Part v. § ii. chap. iv. To the queftion — JVhat offences were fo fubject? no better reply can be made, than that they were the fame, for the moft part, as the crimes and perfons to he parti cularly prefiented by the ceditui or oeconomi of modern days, at epifcopal and archidiaconal vifltation-courts. Thefe, according to the Canons and Confiitutions of the church of England {A. D. mdciii.), are, adultery, whoredom, inceft, drunkennefis, fwearing, ribaldry, ufury, and other uncleannefs and wickednefis of Ufe ; — which are enumerated as vices which churchwardens, quefimen, or fynod-men (vulgarly called fidefimen), are faithfully to prefent to their ordi naries. And in the preceding canons of A. D. mdlx.xi, S. IV. C. I.] Superbislon of t\)e aaitg.— ©ffenceS. 237 we have adulteros, fornicarios, mcedos, ebriofos, juratores, Liber Canonum 7 /¦ • n „ . , n '' . o Oe .Edituis, 29. lenones, ujurarios, &c. pointed out as perions ripe ior spanow's coi- ,111,/. i lection. the church s cenlure. > Of fuch offences and offenders, and many more than } are named in either of the quoted tables, Ueans rural | heretofore took cognifance, as the extracts already ad- i duced under the heads of vifitational and fynodical duties, and the after-cited canons of foreign and domeftic coun cils abundantly demonftrate. Like the churchwardens, too, the Ueans were concerned in fupporting the outward fanctity and reft of the Lord's-day ; and — yet farther — ¦ in granting difpenfations from the ftrict letter of the law, when circumftances rendered it neceffary to depart from its rigid obfervance — a power never entrufted to the lay-guardians of the church. The Canons and Confiitutions, by which our church is now regulated, were framed from elder codes, in the year mdciii.; at which time the rurf-Uecanal office (for all ufeful purpofes of fpiritual government) was virtually non-exiftent in England. So that the lay-wardens of the church — the fucceffors of the older tefies fiynodales — | and the parochial clergy, were the only local helpmates of the hierarchy in fuftaining the good manners and religious obfervances of the people — the only remaining props of expiring difcipline. To thefe wardens, there fore, and their fpiritual head, the incumbent paftor of each village, was conflgned by the biffiop and arch deacon, under the fanction of the canons referred to^. (') But with this difference— the wardens and paftor could only pre- fient to the bifhop or archdeacon. They had no power of correcting by themfelves ; whereas the DeanS vpere capacitated to correct, under certain limitations. 238 Personal iFunctions. [Part IV. Parochial Anti quities, Vol. II. p. 369. Atterbury's Charge to the Clergy of Tot- nefs, MDCCVIII. the charge, once principally exercifed by Ueans rural, of " obferving the behaviour of the pariffiioners concerning fuch faults as belong to the eccleflaftical jurifdiction." The canons of King James I. took no meafures for the reftoration of the then antiquated office of rural Uean. It is not mentioned nor alluded to, in his code. The previous permiffion (for it did not amount to a command) of the Elizabethan canon to appoint to the office had been difregarded in almoft all the diocefes of the kingdom. And the earlier and more copious canon of the Reformatio Legum Ecclefiafiicarum on the fubject had never been other than a dead letter, from its firft enactment. But our felections have to do with other times, and other countries — with the furveillance of laical tranfgref fions, at a period when fuch "corruptelce morum" received little or no ffiare of the churchwardens' attention ; and in countries where, perhaps, no like officers exifted, or, if exiftent, were inefficient— where Ueans rural, therefore, were functionaries of neceffary and grave importance. To fuch laical faults, then, as are particularized in the fynods of the day, and made fubject to Uecanal cen fure or delation, we proceed — premiflng, that^ of the more grave and incorrigible offences the Ueans were bearers of information, by prefentment, to the diocefan (') This ftatement, perhaps, may need qualification. The ufages of different diocefes varied fo much in refpect of ruri-Decanal power, that it is difficult to fpecify exactly its limits. In fome diocefes it was far more extenfive than in others. In fome the DeanS had no judicial faculty, but reported every thing to the bifliop :— in others, their local authority was prefcriptive and independent, and extended to all laical faults. S. IV. C. I. Superbision of t]&e ttaitg.— ©ffenceS. 239 fynod; — of the lighter immoralities they took cogni fance, and attempted correction, in their own Ueanries : — " Corruptelas morum in populo reformare fiudeant f fays the biffiop of Meath {A.D. mccxvi.), " etfi quas abfiergere nequeant, ad fynodum dioecefanam referant, ut de iis emen dandis cum confilio cleri deliberari pofiit." Can. iv. If, in the exercife of their perfonal jurifdiction, they had not fufficient influence over laical tranfgrefiions and tranfgreffors, to effect the amendment required, they had a farther refource in the power vefted in them, of calling together their capitular affociates, the rural clergy of the diftrict, and conftituting local courts of GDfiris- tfanftg ; wherein they could inflict, by judicial procefs, within certain limits, condign puniffiment on obftinate offenders. If all their efforts iaMed, perfonal and capti- tular, then they had recourfe to the ordinary and his conflftory. But more of this anon. cc. M. B. et H. Vol.1, p. 547. Dr. Field o/Wjb Church, Booke V. p.508. The felections below made, in illuftration of the fpe- cific vices and impieties of the laity, fubjected to the fupervifal of Ueans rural, are not the whole that might have been brought together under this head. I have not thought it neceffary to repeat what have been elfe where noticed, fave in a few inftances. Nor have I attempted to clafiify the breaches made by the laity in the difcipline of the church — the offences againft reli gion and morals, which the Ueans were to fupervife and heal. The canons, inhibitions, and injunctions, perti nent thereto, are quoted in the hulk, (various and imme- 240 Personal iFunctions. [Part IV cc. Rotomag. Provinc. P. I. p. 37. Conft. Synod. Epifc. Attrebat. 4to. Ejufdem, De viti et honeftate Clericorum, A.D.MCCCCi,v. Brown's Fafci culus Rerum, Vol.11, p. 382. I thodical as the fequence of their enactments may be), and are arranged, for the moft part, according to their dates alone — ^no other plan feeming equally feafible. They relate, however, we may fay, in general, to the lives and converfation of the laity. By a decree of the provincial council of Normandy {circiter A.D. dcccc), it is enacted, " Ut incefiuofi, necnon et adulteri, qui feparantur a presbyteris, ipfis locis et major et Uecanus illorum habeant providentiam, ne iterUm, in- fiigante diaholo, conjungi pofiint." By the canon " de Sacramento Matrimonii," of the fynodal confiitutions of the fee of Arras {A.D. mccclxxv.), the Ueans are ordered to tranfmit the names of all adul terers to the biffiop's court, within a month " a die noti- tie." And in the fame diocefe {A.D. mcccclv.), the fol lowing conftitution appears againft laical laxities:— .... "lBnani% et eorum loca tenentibus fub poena excom- municationis prcecipimus et mandamus, qudd moneant etiam laicos parochianos publice in ecclefid auctoritate noftra, quod nullus etiam laicus teneat in domo fud boullam^feu ludum taxillorum ; nee redpiat in domo fud ribaldos nee meretrices, cum ex talibus plura fcandala fcepi necnon piacida 'folent evenire. AUoquin trimd monitione fie public^ facta, dictos laicos talem domum tenentes, et prcemiffas viles per fonas frequenter recipientes, diebus dominids et fefiivis ex communicatos denuncient." During the preceding century, Biffiop Groffetefte of Lincoln complains, in a letter to his archdeacon, of (') Boula — aleatorium, tabularum ludus, ut opinor. Carpentier in Append. Tom. i. col. 613. Taxilli — lufbrice tejferce. Gall. Dez. Car. pentier in Append. Tom. ii. col. 966. S. IV. C. I.] Superbision of tj&e Haiti).— ©fences. 241 See Spelman Gloff. Arch, in y.Scotala, p.506. Stat. Synod. Dicec. Yprenf. Tit. vn. c. XII. the laity celebrating drinking-bouts, termed fcotales — "Faciunt, ut audivimus, laid fcotales ;" — which ought not to be, and could not be, the good prelate adds, if the Ueans rural and bedels were duly watchful to prevent fuch immoralities. Wherefore, he charges the archdeacon, by the inftrumentality of the fore-mentioned affiftants, to put an end to all fuch alefhots, forbidden fports, " et cohabitationem Chriftianorum cum Judceis quantum pofiibile ejl, impedire." The ftatutes of the diocefan fynod of Ypres {A.D. mdlxxvii.) are copioufly furniffied with inftructions for Uecanal fuperviflon of the people at large : — " Non tantum presbyteris et clerids Uecanos prcefid intelligimus, fed et univerfo populo, S^c'' — " De excefiihus publicis, et quorum- cunque incolarum fuorum Uecanatuum fcandalofd vitd ; de blafi[>hemiis in Deum et fanctos ; de fufpidone hcerefis, necnon de pugnis in loco facro commifiis, et aliis quibuf- cunque fcandalofis f actis ; utpote de publicis adulteriis et fortilegiis, Uecani fe per tefies ad hoc evocan'dos, aut alias fufficienth informari curent : atque informatione habita, ut corrigantur, nos ultenits informent. Sint etiam follidti, ut illorum, qui ex illegitimo concubitu nafcuntur, parentes innoteficant : ne ignoranter pofimodiim per aliquos in gradu prohihito matrimonium contrahatur; et etiam ne hujufmodi delicta impunita maneant, et impunitas ipfis continuandi in peccato occafionem p'cebeat : mulieres tamen fornicarias pofi partum, facta de his inquifitione, et expleto tempore, ad puri- ficationem abfique alia contradictione admittant, feu per fuos pafiores admitti curent." The projected Reformatio LL. Ecclef of Great Bri- Reformatio le- tain, of the reign of Henry VIII. and Edward VI., c.v.p.95. impofes on the arcfifpresligter rustfcanus extenfive perfonal 242 Personal iFunctions. [Part IV. Ley's Doubts, &c. p. 50. See Appendix to H D. R. Vol. n. Diocefe of Chefter, Pa tents, &c. duties among the laity of his diftrict, in fupport of reli gion and morals : — " De idolatris et hceretids, de fimo- niacis, de lenonibus et meretricibus, de adulteris et fornica- toribus, de iis qui duas uxores fimul habent, atque maritos duos, de magis et venefids, de calumniatoribus et hlafiphemis, de fodomitids et ehriofis, de ultimarum voluntatum corrwp- telis et perjuriis, de injunctionum aut nofirarum aut epi fcopi violatoribus, inquirat. Et vocandi ad fe, examinandi ' horum fcelerum fufpectos authoritatem habeat. Omnem ac- cufationis ortum, five per famam publicam, five deferentivm tefiimonio prohatum, vel fufpectum, epifcopo aut ejus lod ordi nario infra decem dies in fcriptis prodet. Qui autem venire ad eum recufaverit, per apparitorem vocatus, tanquam con- tumax cenfebitur," &c. &c. In the diocefe of Chefter, fays the doubtful paftor of ; Great Budworth before quoted, " The Ueanes for many ; yeares paft have had a great part of epifcopali jurifdic tion ffiared among them ; and this by patent for lives or yeares from the biffiops, allowing fometimes larger, fometimes leffe authority unto them : fome have had power to cenfure all offenders, and offences of the laity; the crimes of inceft and adultery alone excepted. And fome have beene limited to the correction of fome few faultes fpecified in their patents — crimina et excefius quo- rumcunque laicorum, criminihus adulterii et incefius tantum- modd exceptis." Synod. Mechlin. Tit. xv[i. cap.v. p. 451. To check the loofe habits of young perfons, male and female, in frequenting taverns and houfes of evil fame, on Sundays and holy days, the Belgian fynods of the S. IV. C. I.] Superbision of tje aaitg.- ©ffenccs. 243 feventeenth century paffed many inhibitory canons, ftrongly and pointedly reprobating fuch grofs immora lities, and inciting the rural arcftprfests to increafed vigi lance and activity, in order to put an end to them. Little benefit, however, having been derived, as it appears, from mere canonical prohibition and condem nation, though backed by a paftoral letter of the arch biffiop of Malines, and enforced by a royal edict ; nay rather, licentious revelries of all kinds, with their con comitants of drunkennefs and proftitution, having in creafed, the metropolitan, at length, addreffed circulars to all his rural Ueans, and through them to the parochial clergy of the province, to this effect : — " . . . . Ut dictos publicos inobedientes habeant tanquam peccatores publicos, \ et ad facramenta non admittant, afiifientiamque fuam iis denegent turn in fiponfialibus, tum in matrimoniis, donee publicum ficandalum repardrint :" and particularly ad- \ dreffmg himfelf to the arcfipresbgtcrs rural, he defires, in | the conclufion of his epiftle, " Ut IR.U. in fuis vifita- i tionibus drca excejfus ifios et vefperarum ac catechifmi i omifiiones diligenth inquirant:" and then, referring to \ his paftoral letter to the clergy — "contra conventicula 'Monumemum juvenum et puellanim" — he earneftly enjoins the prieft- N0.xxiLp.452. hood to certify him, "per reverendos dominos Uecanos ' rurales," of any improvement that may fubfequently enfue in the difcipline of the diocefe within their knowledge. With the affiftance of the parochial incumbents, the Ueans of Belgium were bound to fee that the duties of the Lords-day were ftrictly attended to by the laity. r2 Van Efpen Jur. Ecclef. Univ. P. n. Tit. XVII. c. in. p. 447. & c. VI. p. 454. 244 Personal iFunctions. [Part IV, Van Efpen Jur. Ecclef. Univ. P. II. Tit. XVII. cap. VI. p. 454. Sparrow's Col lection of Ar ticles, pp. 8.68. Virgil. Georgic. 1.268. and that no tradefmen, artificers, or labourers in agri culture^, followed their worldly callings on that day, or on feftivals, without urgent need ; — 'for which a difpen- fation was to be granted by the Uean of GCfirfstfanftn, of the diftrict, or, in his abfence, by the parochial minifter. To this purport the fynod of Cambray declares : " Lid- tum non effe molitorihus, braxatoribus, lanionibus, et pifto- ribus fua opifida diebus fefiis exercere, nifi ob notabilem necefiitatem determinatam per offidalem et magifiratum loci, de confilio Uecanf CC^rfstfanftatf s, aut in ejus abfentid, paftoris, loci." But, fubfequently, the civil magiftrate ufurped the privilege of the ecclefiaftic, of granting difpenfations to husbandmen ; and abufes enfued. Wherefore, in a con vention of the rural Ueans of the archdiocefe of Malines (^.D. MccLxiii.), held under the archbiffiop, it was de creed: "Ad evitandum ahufum quo in aliquibus locis bal- livi et officiarii laici pro certo pretio permittunt inconfvMo ordinario, arcfifpresbgtero, vel ejus deputato, quod diebus fefiivis et prohibitis rufiici arare pofiint et carrucare, artfii= presbgterf agent ifiic loci cum prcedictis hallivis, curabunt- que fignificari dictis rufiids, eos per fimilem licentiam non (') By the Injunctions of King Edward VI. {A.D. mdxlvIi.), repealed by Queen Elizabeth {A.D. mdlix.), it is enacted : " All parfons, vicars, and curates fliall teach and declare unto their parifliioners, that they may with a fafe and quiet confcience, in the time of harveft, labour upon the holy and feftival dayes, and fave that thing which God hath fent. And if for any fcrupulofity, or grudge of confcience, men fliould fuper- ftitioufly abftain from working upon thofe dayes, that then they fliould grievoufly offend and difpleafe God." — For this licence, however, I can quote no authority fave that of the heathen poet ! " Quippe etiam feftis qucedam exercere diebus "Fas etjurafinunt &c." S. IV. C. I.] Superbision of tje aattg.- Offences. 245 evafuros correctionem judicis ecclefiiafiici ; etfii id ipfium non fuffidat, aut tales ballivi non defifiant, tranfcribent ordinario, aut vicariatui, aut offidali, ut defuper provideatur ; interim non impeditur rufiiicus, qui ah arcfifprestigtero, vel pafiore, difpenfationem obtinuerit, ifium hallivum vel offidarium dictce difpenfiationis certiorem reddere." The occafion on which the Ueans were ufually called on to grant thefe difpenfations in country diftricts, was harveft-time — for collecting the fruits of the earth — when either an invading army was likely to deftroy them, or an unfavourable ftate of weather neceffitated difpatch : — then the Ueans might difpenfe with the ftrict letter of the law — " Ne occafione momenti pereat commo- ditas coelefii provifione conceffa." Of the pure neceffity of the cafe, the civil magiftrate, it feems, was the fole judge, according to the interpretation of Zypaeus {de Feriis, N°. iv.) ; but of the obligation of the precept of the decalogue or church, the arcjbpresiigter rural alone, or the incumbent paftor, in the abfence of his fuperior. ZypieiJur. Feriis, Notit. _ 'c. de No. IV. A few more laical breaches of church-difcipline re main, to which the attention of our rural censors was folicited. Of this number was ufury — a vice ftill pre fentable by churchwardens in England, and of old feverely animadverted on by their fuperiors, the Ueans of ©firfstfanftg. Even where the temporal power takes notice of ufurious tranfactions, we are told, there is always a refervation to the fpiritual jurifdiction of its right to puniffi the fame by " the correction of the fouls " of ufurers. Accordingly, we find, the fynodal confiitu tions of the fee of Arras {A.D. mcccclv.), in a canon 246 Personal iFunctions. [Part IV. Conftitutiones Synodales Epi fcopatus Attre- balenfis, A.D. MCCCCIV. Conft Synod. Salisb. t.l CIV. p. 287. " de ufiuris et ufurariis contractibus," ftrictly forbidding all ufurarious trafficking, and commanding the Ucang rural of the diocefe to give publicity to the interdict of the church againft fuch as are guilty of it, with their wives and families ; becaufe " ufurarum vorago devorat et exhaurit damnahiliter facultates." — And in the diocefe I of Salzburg {A.D. mdlxix.), the Ueans are ordered to inhibit Chriftian burial to all perfons who had been guilty, during life, of ufitrious exaction. Conft. Synod. Epifc. Attrebat. A.D. MCCCCLV. Synod. Bajoc. can. LXXXVII. Decreta Synod. Dicec. Antverp. p. 228. The abufe of Apofiolical Letters by the rural laity was another grave offence cognifable by the Ueans of tfie countrg. By a decree of the church of Arras " de abufo- ribus," the Ueans are charged to declare excommuni cate, once at leaft in every fifteen days, all " abufores Utterarum apofiolicarum quarumcunque, feu legatorum feu fiubdelegatorum &c." — By another, " de portitoribus lite rarum" — all persons mal-treating the bearers of fuch letters are fubjected to Uecanal monition ; and, on their not making amends for injuries committed, to peremp tory excommunication. So great was the guilt of nud- treating papal bulles, that the offence was excommuni cation ipfio facto; from which the Pope alone could abfolve, as we learn from the metrical catalogue of excommunicable crimes of the fynod of Bayeux : — "Si maU de bulla papce tractaveris ulld Pontificem quceras." By a decree of the diocefan fynod of Antwerp {A.d. MDCX.), under Mirseus, every female practitioner of the S. IV. C. I.] Superbision of tje ffiaits.- ®ffences. 247 obftetrical art is charged to appear before the Uean of ®|)rf stfanftg, " ut ab eo examinetur an fciat fubfiantialia facramenti hapti/mi, et fadat profefiionem fidei integram, promittatque fe denuntiaturam pafiori parochice eos qui ultra tertium diem baptifmum infantium differunt, et eos, qui ah hceretids infantes haptizari curant, aut permittunt." And by a fynodal fiatute of the diocefe of Ypres {A.D. MDcxxix.), all midwives who had not taken the canonical oath, appointed for perfons of their order or faculty, are to be diligently fought for by the local Ueans, and prefented at the biffiop's court. statuta Dioec. Yprenf. c. xvii. 248 Personal iFunctions. [Part IV. Parochial Anti quities, Vol. II. p. 355. Antiquities of Canterbury, P. I. p. 176. Lyndwood,Prov. L. V. T. XIV. p. 313. Provincial, loco citato. Hiftorical and Political Dif courfe, &c. chap. XXXVII. p. 56. CHAPTER II. Purgational Duties. F any laymen ftood accufed of incontinence, or other grievous crime, in any fpiritual court, the Ueans, " for their wifdom and fide lity," and " for the eafe and benefit of the fubject," were entrufted to take their purgation^, ("a thing warranted," in Somner's words, " if not required by the provincial conftitution Item licet Sec, ' De purga- tione canonicd');" — that is, explains Kennett, «to let the fufpected perfons clear themfelves, either by their own oath, or the oaths of credible compurgators^" (who fwore that they believe'd what the accufed fwore was true,) and " fo to vindicate their innocence, and ftop the profecution :" — which purgation, doubtless, in laical as (') The learned author oi Parochial Antiquities introduces this branch of tiecanal duty at the place we here allot to it, after the fupervifion of the conduct of the laity. But we might, perhaps, in our more fyftematic arrangement of official functions, have transferred it to the chapter on ecclefiaflical cenfures, under the head of capitular tUtieS. O Nathaniel Bacon, fpeaking of the practice of compurgation amongft the Saxons in their judicatory, after having noticed Torture and Ordeak, adds: — "Where fame was yet more flight, and fpringing rather from want of charity and mifapprehenfion, than promifing circumftances, men were wont to be contented with a voier dire, or the oath of the party fufpected, and the concurrent teftimony of other men : the firft attefting his own innocency, the other contefting their confciences of the truth of the former teftimony ; and therefore were, and ftill are, called compur gators. S. IV. C. II.] Superbision of t]&e aaitg.— Purgation. 249 well as clerical cafes (in which latter it was fo ordered^ by canon), took place in the Ueanrg where the offender lived. The way in which Uecanal inftrumentality was concerned in England, in effecting the conviction and amendment of the guilty, from the mild admonition of familiarity to the judicial impeachment before the church, is both curioufly and inftructively fet forth in the canons of the council which Hubert Walter, archbiffiop of Canterbury, \ cc.m.b.cih. held at York in his Legatine capacity {A.D. mcxcv.) : — | " • '¦ ?• the eighteenth ordinance of which enacts, that, when a perfon lay under the fufpicion of any crime upon common fame, or ftrong prefumption of guilt, he ffiould be fami liarly admoniffied by the Uean rural (^'per Uecanum loci") three feveral times to reform himfelf; and, no amend ment enfuing, that he ffiould then be reproved by him, in the prefence of two or three witneffes of his lofs of character — evidence of the fame. After which, the canon proceeds : " Si nee fiic videatur corrigi, dicatur ecclefice, fd licet arguatur in capitulo, ut convictus vel confefiiis, canonice puniatur; inficianti, fit convind non poterit, canonica pur- gatcrrs. Their number was more or lefs, and of greater or lefs value, according as the offence of the party fufpected was of greater or lefs concernment. This manner of trial was of ancient ufe, and both it and that of ardeale under the directory of the chrgy ; yet this was the ancienter by three hundred years, and firft brought into this nation by the council at Berghamfted, under Bertwald archbifliop of Canterbury. And it was performed fometimes more folemnly by folemn receiving of the Eucharift, efpecially if the perfon fufpected was of the facred function." (') " Statuimus quod de ccetero d^amati de criminihus fieu excejfibus, et de eis fie pur gar e volentes, de uno tjecanatu in alium, fieu ad loca rura- lia, ubi non inveniuntur victualia venalia et vitcB neceffaria, nullatenus pratrahantur." Lyndwood Pro- vincial. L. V. T. XIV. p. 313. 250 Personal iFunctions. [Part IV. gatio indicetur." This wholefome procefs of correction is made applicable to the clergy^ in particular by Mr. Hiftory of Manchefter, Vol. II. B. n. c. XII. § ni. p. 466. Gibfon's Codex I. E. A. T. XLII. c. VII. p. 965. Whitaker, in his reference to the York council: but Gibfon, Kennett, and others, allow it a general applica tion ; and therefore I here introduce it, as bearing on the laity as well as the clergy. In prefentments on common fame the accufed generally infifted on his innocence ; fo that admonition failing in fuch cafes, the purgatory procefs followed as a matter of courfe. And here the archbiffiop above quoted orders, that the compurgators exceed not the number of twelve ; within which limit they were to be more or lefs, at the Harris's Ware's Works, Vol.1. p. 149. Ejufd. p.2M. (') Even bifliops underwent this procefs of purgatianviith compurgor tors in the higher ecclefiaftical courts ; of which Ware relates a curious example in the Life of Edward Dantfey, bifliop of Meath (mccccxiii. — mccccxxix). a malicious and unfounded profecution having been commenced againft the bifliop for ftealing a cup {value 13s. and id.) out of the church of Taveragh in the diocefe of Meath, and the indict ment removed into Parliament, he there declared his innocence, and demanded his ecclefiaftical privileges. " Upon this he was turned over to his metropolitan, for his purgation ; and appeared before Archbifliop Swain judicially, and fwore, that he did not commit the felony laid to his charge ; and a fufficient number of compurgators fwore the fame ; whereupon he was cleared, and the archbiihop returned a certifi cate of his proceedings to the Parliament." The crime was fubfequently confeffed to the maligned bifliop by an accomplice in its perpetration ; — forgivenefs and abfolution followed ; and the bifliop was foon after pro^ moted to the place of Lord Deputy. — Again, in the cafe of Donald, blthop of Derry, againft whom Archbiihop Swain {A.D. mccccxxvi.) had proved incontinence and other crimes, and impofed penance. The epi fcopal offender was made publicly to appear, and give fatisfaction that he had lived chafte during the time of his penance, and to purge himfelf according to a prefcribed form. But thefe anecdotes of purgation are here impertinent, being clerical, and not laical. S. IV. C. IL] 5uperbisiott of tijs Jlaitg.— Purgation. 251 difcretion of the judge, according to the quality and circumftances of the accufed, and the nature of the accufation. Farther, — that the purgation he admitted by the Uean on the very flrft folemn day, on which the party defamed is ready for the ceremony ; and that no money be extorted by the fear of vexation to be occa- floned by delay. The Wefiminfier canons of the fame prelate fpeak to the like effect, admitting no procrafti nation of purgation " de die in diem, occafione pecunice captandce;" but rather urging inftant difpatch; — to which a later council adds — " on penalty of the Uean's fufpen- flon from office. If the party prefented went through the appointed trial to the fatisfaction of the Uean, he was difmiffed as innocent, with an admonition to avoid in future whatever had been the foundation of the fame, whereby he had given offence and fcandal to his neighbours. But if he failed in his purgation, that is, if he either would not make oath of his perfonal innocence, or could not flnd the prefcribed number of compurgators, to fwear their belief of his purity, he was ipfio facto confidered guilty, and accordingly had penance enjoined by the Uean, pro portionable to his degree of guilt. Purgations of this kind, and the failures oi purgation, appear on our eccleflaftical records of vifltation, Biffiop Gibfon tells us, without number. And it is probable, that, while the Uecanal authority was in full vigour in the kingdom, it had much to do, in rural diftricts, with this branch of church-difcipline. Indeed, Mr. Somner alleges, that, in the diocefe of Canterbury, the rural Ueans ''had many times purgations committed by the commlffary to their difpatch in their feveral Ueanrfes, for Parochial Anti quities, Vol.u. p. 355. CC. M.B. et H. Vol. I, p. 507. L.vndwoodProv. L. V. T.XIV. p. 314. Codex I.E../. Tit. xi.ii. c. vir. p. 905. Antiquities of Canterbury, Part I. p. 176. 252 Personal iFunctions. [Part IV. Codex I.E.A. Tit. XLU. c. VII. p.965. &Tit. XLVI. c. I. p. 1042. the eafe and benefit of the fubject," (as I have already ftated) — "and their wifdom and fidelity was intrufted for taking them." Upon the difcipline itfelf, as of old practifed, the I biffiop of London has the following fenfible remark :— " This difcipline was certainly fair and reafonable ; inaf- ! much as that perfon muft be owned to be ripe for the cenfures of the church, who, in a whole pariffi, cannot find fo fmall a number, to declare their belief of his inno cence ; nor, which is yet worfe, to declare (after he has taken an oath in the moft folemn manner) that they believe that what he has fworn is true." S. IV. C. IIL] Jbujierbision of tje aaitg.— 'Siorcijing Sr ©atecl)i|ing. 253 CHAPTER in. Exorcistical and Catechistical Duties. HAT Ueans rural were ever conjurers, in the common acceptation of the term, muft not be inferred from the title of this chapter ; though Minffiew would have an exorcifi to be a conjurer, and exordfim to be conjuration. Ecclefi aftical exorcifis they appear to have been in the diocefes of Ypres and Cologne. The office of exordfim was not at firft confined to a particular order : it was exercifed by biffiops and presbyters for the three firft centuries ; nor was it till the middle of the fourth, that a peculiar order of ecclefiaftics was fet apart for it. iieans rural did not exercife the office, as themfelves of the minor order of the Romiffi church, fo denominated, but as fpecially capacitated to perform exordfim by epifcopal or fynodal licence. The fynod of Ypres {A.D. mdcxxix.) revokes all pre vious licences of exordfing, whether granted by the then biffiop or his predeceffors, and enacts — Can. iv. " Ne tamen indigentes hoc exorcifmorum remedio, per hanc rtqftram revocationem carearit neceffaria auxilio ; concedi mus per prcefientes facultatem exorcizandi omnibus Uecanis, infiuis refpectlvP, difirictihus, et etiam illis pafioribus quo rum nomina dictis Uecanfs tradidimus, publicanda in prox imd cujufque congregatione." The fynod of Cologne {A.D. mdclxii.) invefts Ueans See Beveregii Synodic.Tom.Ti. p. 191. Annott. in Conc.Anlioch. can. X, Statuta Synodi DicecefancB Yprenjis, Be ©ccfiniS 8fc. can. III. IV. DecretaSyvodal, Arch.Colon.p.26. 254 Personal iFunctions. [Part IV. See Beveregii Syuodic.Tom.n. p. 191. Statuta Synodi Dicecefanm Y-prenfis, De JccaniS SjC. can. VI. Conftitutions & Canons Ecclef. A.D. MDCIII. Codex I. E.A. Vol. i.Tit.xvni. c. VII. p. 366. rural with the fame fpecial faculty — " Huralffcus nofiris Uecanfs, ut in omnibus diftrictus fui lods exorcifmos ad hibere queant prcefentium . tenore facultatem concedimus. Pafiores verb et vice-pafiores hdc facultate carentes, indi gentes exorcizandos ad Uecanos, vel alios fpedali exorci zandi potefiate munitos mittant." In the primitive church there exifted a peculiar officer called a catechifi, whofe bufinefs it was to inftruct the catechumens in the rudiments of religion. At firft, in deed, the biffiop performed this duty, as well as the' previous one of exorcifm, in his own perfon ; but fubfe quently he configned it to approved deputies — to pres byters, deacons, or others of inferior rank. Upon the Ueans rural of Ypres catechetical examinations occaflonally devolved by delegation of the diocefan, not as an ordi nary, but as an extraordinary duty: — Can. vi. ''Betanf in fuis vifitationihus convocatd juventute, breve examen catechifticum infiituant ; ut hdc ratione pafiorum dUi gentia, et puerorum profectus melius ipfis innoteficat, et populus hanc infiructionem magni cefiimet, quam fiuperiorihm ita cordi effe perfpiciet." The union of exorcifi and catechfi in the fame indivi dual gave him authority, as well to exorcize energumens^, as to infiruct catechumens. (') By the feventy-fecond canon {A.D. mdciu.) minifters of the church of England are forbidden " to exorcize, but by authority : '' — " Neither fliall any minifter," fays the canon, " without fuch licence, prefume to attempt, upon any pretence whatfoever, either of poffeffion or obfeffion, by fafting and prayer, to eaft out any devil or devils, under pain of the imputation of impofture or cofenage, and depofition from the miniftry." S.IV. C. IV.] Superbision of t^e Saitg — iFunerals & Testaments. 255 CHAPTER IV. Funereal and Testamentary Duties. NDER this head I place the few functions Ueans rural were charged with, in refpect of lay-burials and lay-tefiaments. Watchful over the people of their Ueanrfes, during life, our ecclefiaftics were not abfolved from their charge even by the death of the parties over whom they exer cifed their care. If the heirs or friends of any deceafied layman objected to folemnize his obfequies with the ufual formalities of fiepulture, the fifty-fifth confiitution of the fynod of Salz burg {A.D. MDLXIX.), impofes on Ueans rural the enforce ment of the neceffary rites — " crucem, clericos, et lumi- naria;" and capacitates them to call in the aid of the fecular power, when needed, to fupport and give effect to the fpiritual. Chriftian burial, however, was to be altogether inhibited by the Ueans to laymen guilty of ufurious exaction ; unlefs they had, before death, made ample reftitution and fatisfaction for wrongs committed — an object to be attempted, fays the fifty-feventh con ftitution, by all poffible means. The wages of undertakers and bell-ringers at funerals — the time of tolling — and the provifion to be made for burying the deftitute poor — were all matters of rurf- Uecanal settlement :—" Statuant Uecanf et capitula ruralfa, quantum infiuis difirictihus, mercedis caufd, iis, qui dant operas infunere, et qui campanas pulfiant, pro modo laboris Conft. Synod. Salisburg I.I. c. IV. p. 262. cc. Germania, Tom. VIL p. 577. 256 Personal iFunctions. [Part IV. Thefaur. Script. Vet. Martene, Tom. VII. col. 1336. Conft. Synodal. Epifc. Attrebat. A.D. MCCCCLV. Decret. Synod. Dioec. Antverp, p. 302. Codex I. E. A. Vol. n. p.l550. § XV. XIX. dandum fit : quibus etiam et quamdiu in exequiis pulfiare debeant, certa regula prceficribatur, ac etiam modus, quo pauperes et miferabiles perfonce, quibus defunctis aut nihil fiuperefi, aut ita parum, ut fud impenfid humari non pofiint, d parocho Jumptihus ecclefiiarum sepeliantur, et exequiis debitis non fraudentur." By the fynodal fiatutes of Cambray {A.D. mccclxxi.) de tefiamentis, every curate is to notify, within a month, the deceafe of any layman within his pariffi to the Uean of ©Scfstfanftg ; — ^who is allowed three more, from the time of the fame being certificated by the curate, to com municate it to the biffiop or his official, — and this on penalty of heavy pecuniary fines. By the fynodal confiitutions of Arras {A.D. mcccclv.) under the fame head {de tefiamentis), it is impofed on all curates and their reprefentatives, " ut tefiamenta quce fcient non effe infra annum executioni demandata; vel de quibus non efi ratio reddita, Uecanfs denuntient infra men fem a tempore notitice ejufdem Uecanf." The fame precept paffed the fynod of Harlem {A.D. mdlxiv.), in relation to tejiaments bequeathing legacies " in pios ufiis," under a penalty of twenty-five ycwtoto; and another, to nearly the fame purport, paffed the fynod of Antwerp {A.D. mdcx.) refpecting "pia legata;" that they ffiould be imme diately notified to the arclipresliBters rural of the diftrict. Laftly, in the diocefe of London, about a century and a half ago, it was particularly charged on the Ueans rural " to make a return into the regiftry of the conflftory court of all wills unproved, and efpecially fuch wherein any legacy is reported to be left to charitable ufes." S. V. C. I.] Superbision of tje ©lergs — Summars Fiefe. SECTION V. Supervision of the Clergy. CHAPTER I. Summary View op the Duties and Ministrations of iSeanS 3&ural TOWARDS THE ClERGY. 257 Of the Church, B.v. p. 507. |HE principal and more efpecial duty of arcfi- presbgters rural was to watch over the in terefts of religion and morality in reference to the clergy. " Not only were they to take care of the rude and ignorant multitude " (in the words of Dr. Field's verflon of the canon-law), " but alfo, with continuall circumfpection, obferve and look unto the life and converfation of the presbyters dwelling in the ' leffer titles, and ffiew unto the biffiop with what dili gence each of them performeth the work of God." j " In order to this," writes the biffiop of Peterborough, , Kennett's Paro- ..« nip X •\ ' • !•' chial Antiqui- m his lummarv fketch oi ruri-Uecanal duties m relation i «es, voi. n. ' p 355. to the priefthood of England, " the Ueans were to folicit ! the clergy to a due execution of their office, and a juft regard to their function ; to admoniffi them of all fcan- dals and offences ; to warn them againft all cohabiting with wives and concubines ; to forbid them an appear ance at any indecent fports and plays; to prefs upon them the obfervation of canonical hours ; to remind VOL. I. S ! 258 Personal iFunctions. [Part IV. Jur. Ecclef. Univ. P. I. Tit. VI. cap. 11. pp.29, 30. Ex Synod. Mech lin. De Sccnn. g()i'iStiiin. c. II. them of being ftrict in their clerical habit and ton fure, &c. And, upon their default or offence in any fuch matter, to certify the biffiop, by whom they were appointed to watch, and to inform with diligence and flngular courage-^." Thefe duties of arcfiprestiBters rural, fo copioufly quoted in the fequel from conciliar collections, (though not exactly in the order here laid down by Biffiop Kennett), feem, fays Van Efpen in his Codex of Church Law, to flow neceffarily from their pafioral care of the country clergy — of the lives and converfation — the fpiritual mini ftrations, &c. of all perfons in holy orders, within their refpective Uecanates. Wherefore, on the authority of many Belgian fynods, he, not inappropriately, denomi nates them "pafiores pafiorum;" — and, upon this view of their arci)f=pastoral character, and its high importance to the interefts of religion in the rural community at large, fuggefts the neceffity of caution in appointing proper perfons to the office : — " Notandum," fays he, " quam follidti merito fint epifcopi, ut doctiores, zelofiores, in curd animarum exerdtatiores, ac pietate morumque in- tegritate eminentiores ad hoc officium eligantur; utpoti, qui non laicis tanti/,m,fied et ipfis laicorum directoribus, et conductoribus, vitd, confilio et exemplo, prodefie et prceire debent." Paroch. Antiq. ( ' ) " But at laft," the bifliop fubjoins, " all this fupervifing care feemed 35°7i 358.^ ' '° devolve entirely upon the archdeacons, who, on this account, were Decret. Gloff. in j dignified with the title of the vicars, the curators, the privy-caunfellors, SacLff! Glo« ^^^ ^^^ '^^^ °^ ^^^ bifhop ; who by this time had got a diftinction, that in V. Archidia- though the arc|)presbster or tiean was major ordine, yet the archdeacon '°™^' . was major dignitate." S. V. C. L] Superbisiott of ti&e ©lergg.— ^ummarg Fiefo. 259 Not only was it given in charge to the Uean' to watch ^fj^'y^^^r over, fcrutinife, and, if neceffary, cenfure, the conduct p-27. of parochial priefts ; but he was to inftruct them in their duty, and to aid them with his countenance and advice, whenever circumftances of difficulty needed his affif tance, or prudential reafons dictated to the presbyter the propriety of applying to the arcfiprestiBter for the fanction of his authority; — the co-operation of both, for the advancement of fpiritual interefts in the rural diftricts | of their joint miniftration, being the earneft deflre of j the church, and the object of much of her fynodal j legiflation. i Thus the fynods of Belgium, efteeming the vigilant jj^/^Saff obfervance of country pafiors and their flocks by Ueans \^^%^['^-^^''^^ rural, and the general fupport of eccleflaftical difcipline !p-3o- in rural parts, to be the proper buflnefs of thefe officers, legiflate to that effect ; enforcing particularly all care and attention to the morals and miniftrations of the infpected. "Becanf rurales" fays a fynod of Cambray, "parochorum adeoque omnium, etiam facerdotum et cleri corum, quin et laicorum fuorum difirictuum mores diligenth- obfiervent, potifiimiim autem ut pafiores in prcedicatione verbi L (') " Una verbo, arcj)ipresbsteri ita fuarum jurium curam agant, ut tamen nunquam excidat, quod cum fint parochorum et facerdotum fui diflrictds pajiores, ante omnia follidti fint de eorum fialute et profectu fipirituali, etfingularem habeant infpectianem et curam de ipforum vitd et moribus, ac diligentid zehcpie circa functiones paflorales ; fieque re- Jpectu pafiorum gerant non ui dominantes in clero, fied tanquam patres et forma gregis facti ex animo. Paftaribus zelafis, et in officio paftorah obeundo intrepidis et ferventibus confilio, auxilio, et folatia, contra ab- murmuratores et refractarios fud authoritate ajfiftant et opitulentur." s3 Van Efpen Jur. Ecclef. Univ. Part I. Tit. VI. cap.v. p. 32. Ex Synod. Diae- cpf. Antverp. (A.D. t/IDCX.) p. 330. 260 Personal iFunctions. [Part IV. Decret. Synod. Dioec. Antverp, A.D. MDCX. p. 330. Tit. VII cap. II. ^.Z).MDI XXVII. p. 27. Dei,facramentorumque adminifiratione, ac in cceteris omnibus fuo muneri fatisfaciant." (Tit. xix. c. xii. Part, ii.) The fynod of Antwerp {A.D. mdcx.) expreffes, in clear terms, the fame obligation : — " arcSfpresbgterf feu Uecani rurales, cum fimt pcirochorum aut fiacerdotum fiui difirictus j pafiores, fiolliciti fimt de eorum fialute et profectu fipirituali, . et fingularem habeant infipectionem et curam de ipfiorum ; doctrind, vitd. et moribus. Et vicifslm mandamus parochis '¦¦ et fiacerdotibus, ut Uecanos uti fiuperiores fiuos agnofcant, j revereantur et ament." 's^'n^rAudo- That of Saint Omer yet more abundantly declares the ZZ\ri':9„, ' arcfif'pastoral duties incumbent on Ueans rural — " 39eca- ^"'^^s d • """'^^*^ ?/^ ^'^ y*** Uecanatus partibus five parochiis curare, TiTv?!' iFr^f i '^^ facerdotes et clerici omnes, et fingularith ut pafiores vitam agant fud vocatione dignam, ac talem ut nemo de ipfis queri pofiit, nihilque in ipfis, nifi grave, modefium, imitatione- que dignum confipici ; deinde in hoc advigilare, ut pafiores in pyrcedicatione verbi Dei, fiacramentorum adminifiratione, et omniru) infunctione paftoralis officii fui recte, diligenth, et quemadmodiim oportet, verfentur : adhcec ipfos quandb opus fuerit vfitare, monere, corripere, confolari, confilio ipfis fiifh- venire : denique veri pajloris officium erga illos, fianos et cegrotos, vivos et mortuos exercere." dc°RofomT'''^' " iBetanos, quos efi'e procul ah omni exactione volumus et ^™o/"' cupimus, admonemus," fays the fynod of Lifleux, "utper totam dioecefim peccatis publicis et ficandalis fiapienter occur rant. Etprcedpu^ curatorum, fiacerdotum, et clericorum, ne eorum per laicos vituperetur minifierium, quorum effe debent fpecimen et exemplar." {De i^ecanfs.) lynfrNamJr.' Tile fynod of Namur {A.D. mdcxxxix.) fubjoins to the other fpecifled duties — that the Ueans exhort the rural presbyters and clergy at large, within their influence, S. V. C. I.] Superbision of tjbe ©lergg.— Summarg Tffkia, 201 Tit.xx.c.xxxv. Stat. Synodal. D. M. H. Arch. p. 147. " Ut quotidie aliquid temporis orationi et lectioni fipirituali tribuant:" — and farther, bids them furniffi themfelves with accurate notitia; of the ftate of their fubject pariffies and priefihoodr^to be fupplied to them by good and faithful paftors — " a quibus excejfus vidnarum ecclefiarum addifcant." Laftly, the fynod of Cologne {A.D. mdclxii.) enacts, " Becani rurales de pafiorum, et vice-pafi orum fui difitrictus ^"'ri'fr'^i"' fialute, ac profectu fipirituali follidti, diUgenter eorum vita, morum, et doctrince curam gerant; ideoque prceter vifita- tiones ordinarias, data occafione, fcepiiis etiam per annum parochias fui diftrictus infipiciant, et preecipue indagent, an pafiores, feu vice-pafiores apud oves fiuas refideant, pi^, laudateque vivant, fiuo, ut decet, fungantur munere, prce fertim dominids, et fefiis diebus, facrum canant, concionen- tur, catechefi juventutem imhuant, et ecclefiafiica facramenta, qudcunque diei ac noctis hord requirantur, pii, prompteque adminifirent." Such is an outline of the duties of arcijipreshgteral fuperviforffiip over the manners and minifirations of the clergy, to be hereafter filled up in detail : — but the con nexion between the priefi and arc^prfest of the country terminated not with thofe duties alone ; there were others of a purely fpiritual and facerdotal character, by which the parties were more intimately united ; and which I ffiall first endeavour to elucidate. 262 Personal iFunctions. [Part IV. Stat. Synod. Dioec. Yprenf. capp. in. IV. VI. pp: 284, feqq. Stat. Dicecef. Gandavenf. Tit. XVI. c. IX. Decret. Dicecef. Synod. Antverp. Tit. XVI. c. IV. CHAPTER IL Archipresbyteral or Archipastoral Ministrations op HeanS JRural towards the Clergy. S it was the arcjbpresbgter's^ office to vifit, ad moniffi, correct, confole, and counfel the clergy, and to exercife the character of a true ffiepherd of the priefily fiock, in health and in flcknefs, in life and in death; — fo it followed, that whatever pafioral duties of a purely fpiritual nature the parochial minifter performed to his fubject flock, the arcliprfest or arcjpastor executed towards the fkep- herds themfelves; by whom, in return, the church de creed, he ffiould be equally acknowledged, refpected, and beloved. Thus, as it was incumbent on the paftors to admi nifter the facraments to their flocks in flcknefs, the fynod of Antwerp {A.D- mdcx.) inculcates the fame attention, on the part of the Ueans, to the fpiritual wants of the flck and moribund clergy — " Uhi intelligent arcfifpresbsterf aliquem ifiui difirictus pafioribus aut facerdotibus periculofi (¦) The terms arcjtpreshgteral and tiecanal being ufed fynonymoufly throughout the work, the former might be thought not to defignate with fufficient clearnefs the duties which are the fubject of the prefent chapter. By the epithet arcj&ipreSbgteral, as here employed, the author means to denote thofe functions which teattS rural exercifed as fuperior or arch- priefts towards the inferior priefthood — purely paftoral and facerdotal miniftrations. Perhaps arcj^ipaStoral is a better term. S. V. C. IL] Superbisiou of ©lergg.— ^rtj&ipres^gteral JWinistrations, 263 laborare, fiatlm ad eum excurrant, moneantque ut fialuti fiuce '• confiulat, eique, fi opus efi, facramenta adminifirent &c." — "Deinde adhortentur," adds a fvnod of Cologne {A.D. Decret. synodai. ' ¦' '^ ^ . D M.H. Arch. MDCLXII.), " Ut tefiamentum legitime condat,fi id non fecerit ' coion. Tit. v. priiis, atque ad felicem falutaremque ex hac vitd egreffiim, \ piis ad B^vu fufpiriis, ac orationibus fie componat." \ Again : — " Ciim pafiorum fit fuhditis Puis e vitd decen- Decret. Diosref. . n /• , r . Y - • /I '> '^!/"°''- Antrerp. dentibus jufia peiyolvere, etiam arcBtprESUgteris ^ms eJt, :T.:s.vi.c.v.apud fays Van Efpen, " omnibus ecclefiafiicis, tam fcecularihus, quam regularibus, extra monafterium degentihus, in fuo difirictu morientihus, facramenta adminifirare, et offidum ¦, funebre facere." And aeain, writes Gafpar Nemius to ¦ ordhmiio„es J •' o.' n n I. Dioec. Antverp. the Ueans of CDjbristfanftg of the diocele ot Antwerp; — ; Tit. xvi 7. J. ' See Synod. " IDecanf SCfirfstfanftatfs admini ftrabunt acramenta Jacer- \ Dioec. Namur. dotibus externis aut in facris confiitutis non beneflciatis, et ; mdcxxxvih. eorum exequias celehrahunt." i Thefe holy miniftrations were not alone annexed to j the arcfifpresbgteral inftitution in the diocefes of Belgium | and its vicinity: they obtained alfo in the South of; Europe. Viflting in flcknefs the parochi of their re fpective diftricts was impofed on the pleians, or arcfipres- ; bpters rural, of the Milanefe province, by Archbiffiop 1 Th^n'^ff^n- ^- "t '^ ' '- N.E. D. Tom. i. Borromeo. The canon feems to apply generally to all p.i l.h.c.vi. the fpiritual fuperintendents of the country, who had Act. Eccief Me- -*¦ ¦•- .. diol. pp. di — eccleflaftical jurifdiction under the biffiop— (" ^letanus vel arcfifpresbster, vel preeposftus, in cujus pleiianfa?, aut arcfif- presbateratus, prjeposfturaw ^wiftMs cegrotus habitat^;") — 337, 338. (') The arcjipresi>er (it may be remarked) was an older inftitution than the prapoSituS, and differently appointed— being a life-functionary; whereas the prsposituS was only durante benepladto. The latter office originated with Borromeo ; and, I believe, fupplanted, by its greater ufefulnefs 264 Personal iFunctions. [Part IV. See Part iv. chap. VI. § 7. though the character of thefe officers, and their extent of jurifdiction, refpectively, fomewhat differed \ ufefiilnefs in the diocefe, the former. While exifting, however, the Mila nefe arcj&prieStS performed the above duty of vifitation of the fick parochi; and, probably, afterwards, the fame devolved on the prsepositi ruris or foraneous blears, who approached more nearly to the type of rural leans. But of thefe ecclefiaftics we have elfewhere fpoken. (') To this chapter might have been annexed the penitentiary duties of Deans rural, as confeffors of the parochial clergy ; but I have thought it better to defer them till we come to fpeak of the teanS' connexion with facraments and fiacramentals generally. Under the church of Rome, confeffion and penance formed an important branch of the office in rural diftricts. HeanS were confeffors and penitentiaries, both for the clergy and laity, at a very early period. S. V. C. IIL] Superbision of tj)e ©lergg.— 19eat|&s, iFunerals, &c. 265 CHAPTER IIL Duties of IBeanS l&ural in reference to Clerical Deaths, Funerals, Testaments, &c. O report to the diocefan biffiop the names of IstatutaSyno- . /.I dalia Ecclejice ail clereymen who died withm any of the MeUenfu. , , . , . Thefaur. Anecd. rural Ueanrtes, was a duty anciently imposed Tom.iv.coi.9o4. on their prefidents : — " Prcecipimus omnibus j Uecanis," fays the church of Melun, " qudd de ccetero in quirant, et in fcriptum redigant nomina omnium presbyte rorum, qui in tittaviatihw Jiiis d-fcefierunt; eaque deferant ad fynodum redtanda, ut oremus pro eis, et finguli presbyteri faciant fervitium fipeciale. Hoc enim debent libenter facere, quid cum decefferint fimiliter fiet pro ds." (Can. lxxviii.) Nearly the fame words occur in the fifty-feventh j canon of the Conftitutions of Odo, biffiop of Paris {A.D. \ sscc.Tom. "J 7 r V xni. col. 736. MCXCVII.) ; and in the Inflructions to the Ueans rural of the cc. Rotomag. diocefe of Rouen {A.D. mccxlv.); — where the procefs of pp.79. si. notification was this : — the rector of the nearest adjoining | pariffi, as foon as he heard of the death of a clergyman, ; made it known to the Uean, and the Uean to the arch biffiop, or his reprefentative, by letter — fpecifying the day of the decease, and whether the party died tefiate or intefiate; in order, adds a fynod pf Lifieux, that a succeffor to the vacant cure be felected to perform the duties of the church. The Synodal Confiitutions of the fee of Arras {A.D. mccclxiv.) do not materially differ cc. Rotom. \Prov. P.II. p. 515. 266 Personal iFunctions. [Part IV. cc. Synodal. Epifc. Attrebat. cc.M.B.etH. Vol. IV. p. 146. Codex I. E. A. Vol. II. p. 1550. § XV. XIX. Stat. Synodi Dicecef. Yprenf. Tit. VII. cap. IX. Decret. Synodi Dicec. Antverp. p. 331. from thofe above quoted of the churches of Melun and Paris. — It is decreed by them, " Quod finguli Uecanf in fynodo legant nomina curatorum in fuo Uecanatu defunc torum, et quod dicant ' De Profundis ' cum oratione fidelium pro hujufimodi defunctis." By Cardinal Pole it is enacted, in his Gloucefier In junctions {A.D. MDLVI.) — " Touchinge the clergie," can. xiv. " That every Ueane ffiall from time to time within the fpace of ten dales fignifle unto his ordinarie the death of every parfon and vicar within his Ueanerfe, and like- wife within flfteen dales the lacke of any curate within his faid Ueanerfe." In the " Infiructions for the Beans . Mccxix.), thus minutely enforced : — " Quandb perfona, vel vicarius, vel facerdos minifirans mortuus fuerit, fiatlm ut mors ejus denundata efi Uecano loci, idem Uecanus mortem ipfam denundabit omnibus matri- dhus ecclefiis de Uecanatu fuo, in quarum qudlibet, morte denundata ejufdem, pulfiabuntur campance pro eodem de- functo &c." And, on the meeting of the firft fubfequent rural chapter of the Ueanrg, the Uean, as prefident thereof, was to inquire if the faid fervice had been properly and exactly performed ; and if not, was to urge its imme diate and plenary celebration. — 'Then, again, the arch deacon being made acquainted with the deceafe of the faid minifter, was to announce it formally to all the Ueans of the other Ueanrfes of his archdeaconry ; in each of which, the fame church and cfiapter-folemnities were to be holden in honour of the departed. But when the Uean himfelf " began the travel of eternity," it was in cumbent on the archdeacon, or his official, forthwith to notify the incident throughout the archidiaconate, and to command the performance of the fame religious fervices, with the addition, fays the canon, " qudd in Uecanatu in quo fuerat Uecanus, fervitium pro defunctis in qudlibet ecclefid ejufdem Uecanatus iterabitur pro animd ejus." The fynod of Ypres, at a much later date {A.D. MDCXXX.), briefly, but pathetically, enforces the like duties — extending the religious fervices to the whole diocefe, in cafe of a Uean rural's deceafie: — "Pofiulat\ fraterna charitas, ut quos in vitd habuimus laborum focios, iifdem pofi mortem Chrifiiance pietatis impendamus officium. Quari mortuo aliquo pafiore, cceteri ejufdem difirictiis, per Uecanum moniti, prima commoditate miffam pro refriqerio cc.M.B.etH. Vol.1, p. 570. Stat. Synod. Diac. Yprenf. cap. XV. p. 333. 268 Personal iFunctions. [Part IV. Decret. Synod. Arch. Colon. Part II. p. 150. cc.M.B.etH. Vol.1, p. 571. SS. CC. Tom. XIX. col. 324. Stat. Synodi Dioec. Yprenf, Tit. VII. cap. IX. Van Efpen /. E. U. P. II. T. XXXII. c.viii. p. 632. ipfius animce celehrahunt: et fimiliter pro Uecano non folum pafiores fui difirictvts, fied omnes hujus epifcopatus Uecani idipfum prcefiare non omittent." And nearly the fame words, thirty years afterwards, with the like touching preface, paffed the fynod of Cologne, under Maximihan Henry. Laftly, it devolved on the Ueans to extend their care and fldelity to the goods and chattels of defunct clergy men ; and to fee that no diftribution of the property left at their deceafe took place, till it was certified to the biffiop, or his official, that the parties had died tefiate— " et interim faciet Uecanus omnia fua fideliter conjervari." The fame truft is committed to them by the fynod of Tournay {A.D. mcccclxxxi) : — " Mobilia presbyterorum fiatlm pofi eorum obitum fuh fecuro etfiricto arrefio inven- tariari, ac inventariata teneri quoadufque ei confiiterit, an presbyteri defuncti tefiamentum condiderint vel non; fi autem intefiati decefferint, bona prcedicta per dominos Ueca nos ad majorem utilitatem vendantur, et alitir fuper. hoc Uecanf difponant, qudd ipfi inde gentibus et offidariis nofiris computum et rationem loco et tempore debitis reddere pof fint ; fi verb tefiati fuerint, tefiamento probato, bona execu- toribus tradi." In the diocefe of Autun it is enjoined by the fynodal fiatutes of that church on all arcfipresbyters, to lay before the biffiop the wills and inventories of curates deceafied within their arcfifpresbgterates, on pain of excommunica tion, and a fine to the biffiop of ten pounds. In that of Ypres, great refponfibility is impofed upon them, in refpect of the confervation of the church's property, on the deceafie of an incumbent : — " Becanorum officium efi," fays the fynod of Ypres {A.D. mdlxxvii.), S. V. C. IIL] Superbision of tje ©lergg.— IBeatSs, iFunerals, ^c. 269 " omnia et fingula munimenta portionis pafioralis, et quce aliquo modo officium pafiorale concernunt, conficribere, et fiub inventario {ne difirahantur ab hceredihus) confiervare, fiuc- ceffbri, dum infiitutus fuerit, fub attefiatione de receptis,\ tradenda :" and to the like purport fpeaks the fynod of Decret. symdi , , , \ Dicec. Antverp. Antwerp {A.D. mdcx). ; p. 331. By the London "Inftructions to IBtam ISural," above i codexi.E.A. ni -1 ¦ inn! Vol. II. p. 1550. quoted, "the Uean is to make a return into the comiltoryi 5,xv. xix. court of all who interfere with the goods of deceafied clergymen without probate of the will of the deceafied, or without adminiftration of his goods granted by the ordi nary of the diocefe." But while bringing forward thefe extracts in illuftra tion of arcfifpresliBteral duties to the dying and dead — more in place, perhaps, in later pages of our nAPEproN — we are fufpending the far more ufeful functions which Ueans rural were charged with, to the living clergy of their prefidencies : — thefe, hitherto only flightly alluded to, we muft now refume in detail ; beginning with the canons pertinent to the apparel of minifters, and their converfation with regard to life and manners. 270 Personal iFunctions, [Part IV. cc.M.B.etH. Vol. I. p. 213. can. IV. cc.M.B.etH. Vol. I. p. 589. SS CC. Tom. xra. col. 787. CHAPTER IV. Supervision of Clerical Apparel; O fee that the clergy were ftrictly canonical in their habit and torfure was a leading ar ticle of the arcjbpresbgter's duty in every Ueanrn — one of the earlieft, probably, with which he was invefted in our ifland : — for, from Ode's canons it would appear, that there was a particular garb for the priefthood of England, in common life, as early as the year dccccxliii ; though it afterwards fell into difufe. To fupport the church canons upon this point of perfional attire'^, the Ueans rural were to fet the good example of walking decently apparelled in canonical coftume with clofe copes — "Omnes Uecanf rurales et presbyteri decenth incedant in habitu clericali, et cappis claufis utantur;" — being, moreover, in their own per fons, "honefie tonfi et coronati" — in deference to the ordinance which they were to enforce in others. Such was the twenty-eighth canon of the provincial council of (') In the fourth conftitution of the papal legate Cardinal Gallo {A.D. Mxxviii.), red and green veftments are inhibited to lieanS, artft- prieStS, and archdeacons : — " 19ecaniS quoque, arcj^ipreSiigteriS, et archi diaconibus, ne vefles rubri coloris, vel virides habere preejumant : et fipecialiter archidiaconibus et prcepofitis qui habent curam animarum, ne cappas foratas habeant inanicatas." I S. V. C. IV.] Superbisiott of tjbe ©lergg.— Apparel. 271 Oxford under Stephen Langton {A.D. mccxxii.), with this penal confequence — that all violators of the law were liable to the correction of their fuperiors. But a prior provincial council at York under Hubert Walter {A.D. MCXCV.), having enjoined both crown and tonfiure j on the clergy generally, adds, that, if any unbeneficed] cc.M.B.etH. priefts contemptuoufly refufed the diftinction, (for the i "'¦''¦ ° ' beneficed were brought to fubmit by deprivation^,) they were to be clipped, againft their wills, by the archdea con or Ueans. {Can. ix.) " Clerici . . . qui beneficia non habent, per archidiaconum, vel Uecanos tondeantur inviti." Departure from the true canonical vefiure, crown, and tonfure, in the Uean's own cafe, (unlefs he made imme diate fatisfaction on admonition) was ipfio facto fufpenfion from office and emolument, by the fifth Legatine Con fiitution of the Cardinal Deacon Othobon (^.D. mcclxviii.); who feems to have taken great pains, by various and peremptory injunctions about drefs, to check its licen- tioufnefs ; though all his efforts were of little avail. The clerical beau continued, defpite canonical inhi bition. In the days of Archbiffiop Peckham {A.D. mcclxxxi.) complaint was ftill made of the unclerical coftume of perfons in holy orders ; and, it was faid, that the ineffi- cacy of paft legiflation was occafioned by this — " Quod minores prcelati" (doubtlefs rural Ueans, and perhaps (') In the fulleft Articles of Inquiry at Vifitation which I have ever feen, viz. thofe of Bifhop Seth Ward (contained in his JWSS. 'Notitiffi of the diocefe of Sarum) under the head of Minifters, is a query. Whether they have " haire long ;" — but the good prelate does not impofe on his Jeans rural the duty of clipping the KapijKO/uocDiTej. Ejufdem,Vol. II. p. 5. 3!otitiac @ct()i dpifcout ©atuin, fol. 80. 272 Personal iFunctions. [Part IV. cc. M. B. et H. VoLi. p.571. SS. CC. Tom. XIII. col. 1255. archdeacons) "hujufmodi clericos monfiruofios monere non audent;" — wherefore the council enacts (the object of the church being defeated by the puflllanimity of her officers), that the penalties inflicted by the law of Othobon ffiall take effect without previous monition; and that fpecial inquifltion ffiall be made in every Ueanrg after offenders of whatfoever grade and confe quence, and procefs commenced againft them " in forma canonicd ^." If a clericus, duly /haven and Jhorn, were ^ made pri- foner by the civil power, the Uean rural was to intercede for his abfolute and immediate liberation ; or, at leaft for his furrender to the cuftody of the church : — " Si clericus habens coronam vel tonfiuram competentem, captus fuerit, five fuerit notus five ignotus, et liberatus, moneantur captores, et detentores per Uecanutn loci, ut eum liberh fine difficultate recedere dimittant ; nifi forth fufpectus fuerit in manifefio delicto; et tunc exigat eum Uecanus loci, ut ei cufiodiendus dimittatur auctoritate domini epifcopi: quod fi negatum fuerit, admonitione prcemiffd, eodem die nomi- natlm excommunicentur, &c. &c." Ex Confiit. W. de Bleys, Wigorn. Epifc. {A.D. mccxix.)— But when thus liberated by virtue of his clerical privileges, and the power en trufted to the Uean by the biffiop for that purpofe, if the (') See Turner's Hift. of England, Vol. v. 4to. p. 30, note ^8 ; Gib fon's Cod£x I.E.A. Vol. I. Titvn. on the Converfation and Apparel of Minifters ; and Archdeacon Bayley's excellent Charge to the Clergy of Stow {A.D. MDCccxxvii.), p. 44, note {g), p. 9. C) The council of Rouen {A.D. mccxxxi.) can. xvin. commands the civil power forthwith to declare the capture and imprifonment of clerks to the " Decanus loci fine morce difipendio." S. V. C. TV.] Superbision of tje ©lergg.— Apparel. 273 faid clericus were found to be infufficiently " tonforatus vel coronatus," he was to fuffer condign puniffiment at the hands of the biffiop "pro incompetenti tonfioratione vel coronatione." See the Confiitutions and Canons Eccle fiafiical, {A. D. MDCIII. can. lxxiv. Decency in Apparel en joined to Minifiers. 274 Personal iFunctions, [Part IV, CHAPTER V. Supervision of Clerical Conversation, as to Life and Manners. T has been briefly noticed at the commence ment of our remarks on the infpectionary duties of Ueans rural in relation of the prieft hood {fiect. V. c. I.), that they were to forbid the appearance of the clergy at any indecent fiports and plays. Upon this point, the Confiitutions of Walter de Can tilupe, biffiop of Worcefter {A.D. mccxl.), have an ex prefs canon ¦ — 'One among many declaratory of thofe duties and obfervances which concerned propriety of conduct in the clerical order, and were ceded to the more efpecial fcrutiny and correption of the archdeacons and Ueans of the diocefe. The canon alluded to bears the title — " Ne clerici interfint ludis inhoneftis;" — and prohibits in detail, " Ne clerici interfint ludis inhoneftis, vel chords, vel ludant^ ad aleas, vel taxillos; nee fiuftineant ludos^ fieri de rege et regind, nee arietes levari^, nee palce- CC. M. B. et H. Vol. I. p. 673. Gloffar. Tom.IV. col. 154. Sparrow's Col lection, p. 342. ( ' ) " Ludere ad aleas vel taxillos "^Angl. to play at dice. See Strutt's Sports and Paftimes, B. iv. c. ii. p. 230. (^) " Ludos fieri de rege et regind" — Angl. to play at cards, as Ducange thinks, who cites the words of the canon, with this remark — " Videtur innui ludus quem, vulgo Chartarum dicimus, fiquidem ed mtate notus fuerit." See Strutt's Sports and Paftimes, B. iv. c. ii. pp. 240, feqq., and the Canons and Conftitutions of mdciii. can. lxxv. where the clergy are forbidden to fpend their time " in aled, cliartis pictis, tejferis, aliifie ludis illicitis, &c." (') "Arietes levari." — In Kennett's opinion, " arietum levatio " was the S. V. C. v.] Superbision of tlje ©lerga-— Slfe anD JMannerS. 275 firas publicas fieri, nee gildas inhonefias; et preecipue mer- catorum et peregrinorum, quas omnino fieri prohibemus, per quce multa novimus pericula proveniffe." Again — in the diocefe of Lincoln, about the fame time, we flnd the illuftrious prelate who then preflded over that fee, Robert Groffetefte, urging upon the fame functionaries, by letter, continual vigilancy, in order to put a ftop to thefe and fuch-like laxities: — " Fadunt etiam, ut audivimus, clerici ludos quos vocant miracula''-; et alios ludos quos vocant inductionem Maii^, fefium Brown's Fafci culus Rerum, in Append.^ip.3S2. 413. the fame as running at the quintan or quintal ; for which _/ee his Gloffary at the end of the Paroch. Antiq. Vol. ii. ; alfo Ducange i?i vv. Tom. i. col. 389. with a iketch of this fportive exercife; aad fie Strutt's Sports and Paftimes, B. iil pp. 89, feqq. PI. ix. x. xi. xii. This cuftomary Englilh fport, practifed ufually at weddings, was either fo ludicrous or fo dangerous, that it was often forbidden by ecclefiaftical authority : — as in the diocefe of Lincoln {A.D. mccxxxii.) ; of Worcefter, in the text; of Durham (^.D. mcclv.) ; befides a conftitution of that great preferver of difcipline, Bifhop Groffetefte — fo called, as the face tious Fuller tells us, " from the greatnefs of his head, having large ftowage to receive, and ftore of brains to fill it." " Roberti titulus, nomine Grande Caput." (') "Miracula" — miracle-plays, or miracles, as they were commonly called — fpectacles reprefenting the lives of faints and the moft eminent fcriptural ftories — " Miracula vulgariter appellamus," fays Matthew Paris : and we learn from Chaucer, that, in his time, plays of miracles were the common refort of idle goffips in Lent. See Wharton's Hft. of Englifii Poetry, Vol. ii. pp. 69, feqq. Svo. Edit. - Clerks were not only often concerned in them, but they were acted in churches and church yards, down to the time of the Reformation, and were revived by Mary I. as an appendage of the papiftic worfliip. See alfo Strutt's Sports and Paftimes, B. iii. c. ii. pp. 116, feqq. Mr. Wharton affigns the probable rife , of them to a very early period. See Hift. of Englifh Poetry, Vol. in. j §xxxiv. pp.193, feqq. {^) "Inductionem Maii" — May-day games — Carpentier in voce] T 2 Malum, : Kennett's GloJ- firy. Church Hiflory h. III. p. 65. Richard de Bardney. f^it. Abbat. ad Calc. Hift. p. 56. Pegge's Groffe tefte, Tp.l 18. note (c). Wharton's H. of E. P. Vol. IV. p.l50. Gloffar. 'T.vm. col. 1126. 276 Personal iFunctions. [Part IV. Kennett's Paro chial Antiqui- . MDCXLII.) — the Ueans rural being the publiffiers of the authoritative revocation of all licences, already granted to any of the parochial clergy, that might feem to countenance iyxch facramental abufies. In the diocefe of Cologne, we learn from the twenty- fifth canon of the fecond council {A.D. mdxlix.) — "Be procefiionihus ruralibus {in quibus fiacra fiofiia cum imagini- hus fianctorum circumfiertur") — that it was committed to Ueans rural to exhort the clergy "per fuas regiunculas" to' conduct thefe much abufed country procefiions according S. V. C. VI.] .Superbisiott ot tje ©lergg.— Spiritual JWinistrations. 297 StatutaSynodal. per Nicol. Epi fcop. Harlem. A.D. MOLXIV. to the canon of the church: — "Nee vagi et incompofiti per agros difcurrant, et prcefiertlm Rogationum tempore, quandb deum pro mifiericordid et frugum confervatione imploramus ; tranfigredientes pafiores aut ipfi in fynodis fuis corrigant aut vifitatoribus nofiris indicent " — fays the i cited ordinance : — which is again followed by others, : enforcing on the clergy obedience to their Ueans in thefe ' and all lawful matters ; — commanding the epifcopal vi fitors not to allow difobedience to go unpuniffied ; — and yet farther threatening all fecular magiftrates with excommunication, who ffiould dare to obftruct the fpiri tual police in the execution of their duty. See alfo Decreta Synodalia Dom. Maximil. Hen. Arch. Colonienfis, Tit. VI. De procefiionihus &c. The " Nova Prcecepta " of the archbiffiop of Rouen cc. Rotomag. / ,„ \ 1 ,1 1 , ,, r-r .V I PrOK. P.II.p. 85. {A.D. MCCLXXVIII.) charge the presbyters, " Ut quotiens \ dubium erit quandb aliqua jejunia vel procefiiones infii- tutce fieri debent, ficut in die Sancti Jilarci, recurrant ad Uecanum loct, et fine ejus confilio ea facere non prce fumant." The council of Noyon {A.D. mcccxliv.) commands the j conftitutiones local orUtnartcs to put an end to hiftrionic fports and idolatrous proceffions ; — " Joculatores five hifiriones de novo candelas cer eas tanquam resfacras deferunt, et nitun- tur procefiionaliter portare, populum ad ydolatriam indu- cendo &c. Quod nos de ccetero fieri prohibemus." — The archbiffiop of Malines bids the Ueans rural inquire at vifitation — "An non irrepferint in ecclefias aliqua fuper- Decreta synodi n. . ,. . . . /?• .7 . Camerac. fol. 3. ftitioa et vana, m cceremoniis, procefiionihus, peregrina- c.\i.a.d. .. . . T . /. . MDLXVII. tionibus, imagmum et reliquiarum ac fanctorum veneratione, quibus mentes Chrifiiance a fincero Dei cultu fensim dimo- j veri pofiint." \ Synodales Epi fcopatus Attre- batenfis. Adden. (MCCCCLV.) 298 Personal dFunctions. [Part IV. Bingbam's Ec clefiaft. Antiq. B.xiii.c.l.§,12. Gibfon's Codex I. B. A. Tom. II. Append. § IV. p. 1447. n. Monitio, &c. Hiftory of Nol- iinghamfhire, p.311. Hart's Medulla Conciliarum, p.36. To the folemn fervice of Rogation^, procefiions were early added by the Weftern church; and, as circumftances required, were occaflonally celebrated in the open field. It does not appear that at flrft there was any harm or fuperftition practifed in thefe procefiions, — no pomp of relicks — no expoflng of the eucharift to adoration; — in fuch folemnities the people only carried the crofs before them, as they did in fome of their night-proceffions for pfalmody, as the badge of their profeffion. Afterwards, many abufes were heaped upon the flmplicity of|iro- cefiional rogation, — feaftings with banners, hand-beUs, lights, ftaying at croffes, &c. followed in the train of parochial perambulation; which, in the days of papal England, was annexed to the duties of the Rogation- week, and is ftill retained by the Injunctions of Queen Elizabeth {A. D. mdlix). But I do not flnd that any fuch revelries as thofe of ( ' ) It was cuftomary heretofore for the inhabitants of pariflies fubject to a cathedral or other mother church to go in proceffion to the fame at Pentecoft, in token of fubjection, with croffes, banners, oblations, &c. To this ancient ufage of repairing to the matrix ecclefia of the tieanr|i of Pageham at Whitfuntide, the archiepifcopal monition in the ^ppenOii, addreffed to the Dean, rectors, vicars, capellanes, and inhabitants at large of the Deanrg of Pageham in Suffex, relates. See Chichefter Documents. Dr. Thoroton notices, that it was a cuftom fanctioned by Pope Alexan der III. for the clergy and laity of the county of Nottingham to come, at the feaft of Pentecoft, to the church of Southwell, with folemn pro- ceffion : — that a fynod was there held ; and that the chrifima brought by the Deans of tje countrg from the church of York, was thence diftributed through the other churches. In the Inquifitions of the archdeacon of Lincoln A.D. mccxxii. it is inquired " 30. An alicubi leventur arietes, vel fiant ficottali, vel decer- tetur in prceeundo cum vexillo matricis ecclefice ? " S. V. C.VI.] Superbision of tj&e ©lergg.— Spiritual iWinlstrattons. 299 the diocefe of Cologne above cited, though they occurred in an aggravated form in the Rogation-days of Arch- 'caiMKlfn. biffiop Cuthbert, as early as J.Z). dccxlvii, and probably: ^"'-'p-^^- continued, more or lefs, in our infular rural procefiions of a later date, are recorded as meet for Uecanal or i archidiaconal correction in the councils of Great Britain. The abufes ¦* noticed by Biffiop Gibfon were the ufual ceremonies and abfurdities of the day. See Van Efpen De Circumgefiatione et Expofitione Eucharifiice, I. E. U. Part. II. Tit. iv. cap. v. (') "Thefe perambulations (though of great ufe, in order to preferve the bounds of pariflies) were, in the times of popery," fays Gibfon, " accompanied with two great abufes ; viz. with feaftings, and with fuperftition ; being performed, in the nature^ of proceffions, with ban ners, hand-bells, lights, ftaying at croffes, &c. And therefore, when pro ceffions were forbidden, the ufeful and innocent part of perambulations was retained." See Sparrow's Collection, p. 68. Gibfon's Codex I. E A. Tit. IX. cap. XIII. Vol. I. p. 213. 300 personal ^Functions. [Part IV. CHAPTER VIL The Authority of HeanS Mural in supporting Church-Discipline, AND supervising THE EXTERNALS OF ReLIGION GENERALLY. HE converfation and minifiration of the clergy flniffied, proceed we next to illuftrate with a few felections from fynodal inftitutes, at home ^ and abroad, the authority and jurifdiction of our local orUinartes in fupporting the externals of religion generally ; — viz. in enforcing the refidence of the paro chial clergy on thdr cures, — in the regifiration of bene- flces and beneficiaries, of curates and curacies, — in the rejection of unlicenfied minifters, the fions of clergymen and illegitimates (unlefs fpecially protected by papal difpen fation) from all ofijice and benefice, — in the guardianjhip of the church's temporalities during vacancy and fiequefiration, — in the fiufientation of the _^6nc of the church, the manfe, and all other ecclefiafiical buildings, — in the due keeping of church-yards, and the reconciliation of the fame when defecrated and prophaned, — in the bleffing and baptizing of bells, — in the care oi furniture and ornaments dedicated to divine worfhip, — 'in the difiribution of chrifm and oil, and the general fuperintendence of all matters and tilings connected with fiacraments and fiacramentals, and particularly with confefiion and penance. S. V. C. VII. § L] 5uperbision of tje &ht^y:.—J^ei,itstmt. 301 §1- RESIDENCE OF THE PAROCHIAL CLERGY ON THEIR CURES. Himfelf perfonally refident within his arcSipresbgterale, Uecanate, or plebanate, (for he could not be promoted to the fpiritual headffiip of the diftrict, unlefs he had an ecclefiaftical benefice of fome kind within it,) the arcfi- priest, Uean, or pleban, was bound to fee that every incumbent refided on his benefice within the jurifdiction, and neglected not the fabric of his church, the duties of reading, preaching, and miniftering therein, and the general care of the fouls committed to his paftoral charge. All delinquents he was to prefent to the diocefan. The Precepts delivered {A.D. mccxlv.) to the Ueans of the diocefe of Rouen by the archbiffiop, enact — Ut finguli Uecant dent nobis in fcriptis nomina eorum qui non refident in ecclefiis, tam facerdotum quam aliorum: item nomina ecclefiarum eorum qui non refident in ecclefiis fiuis &c." The Synodal Statutes of the biffiop of Liege {A.D. MCCLXXXVII.) can. xxi. bid the Ueans — " Quod ipfi diU genter inquirant nomina et numerum ecclefiarum in quibus invefiiti perfionaliter non defierviunt, et nobis fieu ofiUdali nofiro remittant." The council of Cologne {A.D. mccc), addreffing the fame officers, fays — " Vobis Uecanis ®5rts- ttanitatum committimus et mandamus quatenus nomina illorum qui in vefiris Uccanatibus hujufimodi ecclefias occu pant, et nomina pafiorum non refidentium perfionaliter, in ficriptis nobis intra menfem pofi prcefentem diem tradatis, ut hujufimodi negligentiam et defectum de prcelatorum nofirorum confilio reformemus ; et id ipfum in qudlibetfynodo volumus obfervari," on pain of excommunication : — "the fitteft and Cmfl. Wigorn. CC M. B. et H. Vol.1 p. 571. A Humble Pro- pofal &c. chap. xin. p. 73. CC. Rotomag. Prot).P.ii.p.79. Thef. Anecdot. Tom.IV. c.859. SS. CC. Tom. XIV. col. 1280. 302 personal jFunctions. [Part IV. A Humble Pro- pofal &c. chap. XIII. p. 73. Stat. Synod. Dicec Audomar, Tit. XVI. cap. III. p. 70. Tit. XVII. c. III. p. 77. StatutaSynodal. Dioec. Antverp. p. 233. I fureft means," obferves the author of Parochial Reforma tion, in his annotation upon this canon, " to oblige men to their duty, and to out a drone from profaning his profeffion." "In hoc advigilent Uecant," writes the fynod of Saint Omer {A.D. mdlxxxiii. — mdcxl.), " ut pafiores in prcedi catione verbi n^i, fiacramentorum adminifiratione et in omni functione pafioralis officii fui, rectk. diligenthque verfiem tur;" — duties which paftors cannot by any means per form, unlefs refidentiary : — wherefore the fynod decrees, that no paftor be abfent from his parochial charge beyond five days, " n^ifi de licentid fui Uecanf in ficriptis obtenta." And the fynod of Antwerp (^.Z). mdlxxvi.) enacts, that no miniftering paftor, regiftered as fuch, be ahfient from his cure for eight fucceffive days, " ahfque Uecant fiui ruralis confienfiu." See alfo Decreta Synodi Dioecefi. Antverp. {A. D. mdcx.) p. 336. and Synod. Statuta Dioecefi. Yprenf {A.D. MDCXXIX.) Tit. I. p. 283. i Yet farther to enforce clerical refidence, the feventy- '¦ ninth canon of the Andent Statutes of the church of ; Autun, and the ninth of the Synodal Statutes of Bayeux ; {A.D. mccc), empower rural arc^presfigters to feize the benefices of non-refident incumbents, and to hold the profits thereof during the biffiop's pleafure ; — non-com pliance on the part of the officers being fubfequently threatened with excommunication. By the former coun cil, again, it is decreed, that if the churches of the different arcSipresigterates within the diocefe of Autun be not duly repaired, the arcjbprtests ffiall fequefter the emoluments thereof; and for their trouble in fo doing, the fynods of Saint Omer {A.D. mdlxxxiii. and mdcxl.), grant them a fair remuneration — "jufiam mercedem'.' Thef. Anecdot. Tom.IV. col.476. & col. 494. Cone. Rotomag. Prov. P. II. p. 238. col. 495. Decret. Synod. Dicec. Audomar. Tit. XX. c. V. S. V. C. VII. § 1.] Superblsion of tj&e &hx^^.—^ti,ineiMe. 303 cc. Rtitomag. Prov. P. II. p. 107. But by the "Injunctiones ad iiecanos " of the diocefe of Rouen {A. D. mdvi.), it is very properly forbidden them to fequefter without juft reafon — "Nefine caufid arrefient fructus beneficiorum fuh prcetextu reparationum minime fac- tarum, aut altera qudvis occafione: quod tamen facere eis injungitur habita caufd legitimd." In cafes of non-relidence by licence of the biffiop, the Decret. Dicecefis ^ '' .... . - Gandavenf. facellani of the fee of Ghent were to exhibit to the rural Tit. xvi. ex. xi. arcSprtests their licences; and, at the lame time, an; atteftation, with each licence, of the maffes having been I canonically performed, and the charges upon the bene- | fices duly paid. The officiating curates, likewife, are annually to lay before thefe officers their letters of ap pointment, in order to their being tranfmitted to the biffiop for renewal. The refidence of Ueans rural in their Ueanries is not barely prefcribed by the council of Rheims {A. D. mdlxiv.), but their active duties, as vigilant infpectors of the dif trict clergy, in enforcing holinefs of life, affiduity in their calling, attention to the repairs, and decent furniture of their churches, &c., are circumftantially detailed : — " Quo meliUs omnia quce ad archiepifcopatus nofiri curam pertinent, refidre pofiint, et omnium clericorum negligentia; et peccatis occurrere Uecant rurales in fud afiidui maneant ac vigilent fpeculd, &G. (Statut. XVIII.)— And again : "Archidiaconi et Uecant rurales fcepe moneant clericos et potifiimiim curatos, \ pid vivere et orationibus infiare, hortarique gregem fuum ad poenitentiam et vitam emendandam, ac reparandas parochiales ecclefias, quas peccatis cleri et populi ita merentihus deus , permifit pollui et devafiari: fed in reparatione follicitudo d curatis ipfis prcefientibus adhiheatur, ut nihil inordinatum aut prcepofiere et tumultuarie accommodatum, nihil prophanum. ss. cc. Tom. XX. col. 1298. L 304 Personal ^Functions. [Part IV. ss cc. Tom. XXI. col. 592. Van Efpen /. E U. P. I. Tit. VI. cap. II. pp. 29, 30. cc.M.B.etH. Vol IV. p. 146. Parochial Anti quities, Vol. II. p. 361. nihilque inhonefium appareat, dim domum dei deceat fanc- titudo." Laftly, the council of Malines {A.D. mdlxx.), — "Be iBecanis ®1bristtanttatum"&c. cap.ii. writes on the fame I point: — "Cum eadern, fit ratio de pafioribus et arcfiipres- '\i^tm%,fieu Uecanis ruraltlius, qui et ipfe pafiores pafiorum funt, et eorum officium in obfervatione morum, tam pafiorum, quam laicorum fui difirictiis confifiat; fiatuit hcec fynodus, ut ficuti pafiores in fuis parochialihus, ita omnes arcjlipres- figterf, feu ©ftrtstianitatum Uecant in fuorum Uecanatuum Umitihus ad perfonalem refidentiam compellantur." And, in our own country. Cardinal Pole, in his Glmjh cefier Injunctions {A.D. mdlvi.), "Touchinge the Clergie" can. XIV. enacts, '^ That every Ueane ffiall fignifle unto his ordinarie, onfe every quarter, at the leaft, the names of all fuche parfons, or vicars, as are non-refidente upon their benefices " &c. ' §2. REGISTRATION OF THE CLERGY, &C. Biffiop Kennett quotes the council of London {A.D. mcccxlii. — meaning the Confiitutiones Provinciates of Archbiffiop Stratford {CC.M.B. et H. Vol. ii. p. 696.)— the Extravagants of the fame prelate of Johnfon's Eccl. I Laws &c. MCCCXLII. — as authority for the ftatement of i his Parochial Antiquities, Vol. ii. p. 361, that " sKural [ Ueans were to keep a regifier of all priefts and other clerks, who officiated within their jurifdiction ; and were to take one penny, and no more, for inferting each S. V. C. VII. § 2.] SuperblBiott of tje ©lerga-— 3*«SiStratiott. 305 See Bingham, 0. E. B. V. c. V. 8.10. Matricula. name m the faid regifier. The canon m queftion, : cc.m. 5. e*//. 1 1 , • V. r 1 ? Vol.II. p.*! however, does not mention Ueans rural as being em ployed in inferting the names of the mafs-priefts or other officiating minifters (fuch, that is, in Johnfon's glofs, as neither had infiitution nor licence to ferve the cure from the biffiops) in the matricula ; and therefore, if the canon "Ne infiituti in beneficiis, vel ad fiacros ordines promoti indebit^ pro fuis Uteris prcegraventurf extend to rural Ueans, as it probably may, they are included under the general title of ordinaries, and as fuch are bade to re gifier the names of the particular priefts alluded to, at their firft admiffion to celebrate divine offices, for the fum of one penny, and no more, on pain of fufpenfion. Whether underftood, or not, in the above conftitution rural Ueans were, undoubtedly, commiffioned by Arch biffiop Peckham to far more extenfive regifirarial duties in the firft canon of his Reading council (J.i). mcclxxix.), " De infiitutionibus et defiitutionibus," addreffed to his fuffragans: — "That we may have notice of benefices becoming vacant," fays the archbiffiop in Mr. Johnfon's verflon of the canon, "we enjoin and command you, my deareft brethren, in virtue of obedience, that by yourfelves, your officials, archdeacons, or Ueans', ye caufe to be written down the names and numbers of churches, and rectors, with their names and flrnames ; fo that a true account may be had of the perfons, and the time of their collations, by what title they hold them, whether by inftitution or commendam, of what age the Ejii/d. p. 33. Johnfon's Eccl. Laws, MCCLXXIX. (') See the Inftructions to the DeattS rural of the diocefe of Lichtield and Coventry (J.D. mcclvi. — MccLvii.),/ede vacani£,— Annates Momtjt. Burton, p. 370.— (Editor.) 306 l^ersonal iFfttCtionS. [Part IV. Paroch. Antiq. Vol. II. p. 361. Decret. Synod. Dioec.Audomar.Tit. XX. c. II. p. 96. cm. p. 97. rectors, who are incumbents thereof, in what order; whether beneflced in more than one church; whether difpenfed with for plurality ; who are their patrons, and what their names ; of what value every church is, ac cording to the Norwich Taxation: — and let the biffiop of every diocefe tranfmit infiruments clearly ftating all thefe particulars to us in the city of London on the octaves of Saint Hilary, &c. &c," The object of which inqueft, according to Biffiop Kennett, was to prevent litigious fuits for the title of beneflces ; and it was per formed, he fays, by Ueans rural, in the character of offi cials of the biffiop. On the continent, at a much later date, the like duty of regifiration of beneflces and beneficiaries was impofed on our eccleflaftical officers by the Decreta of the fynods of Saint Omer {A. D. mdlxxxiii, — mdcxl.) — " Habeant Uecant regifirum omnium benefidorum fiui difirictus cum curd et fine curd qfcriptis nominihus poffefibrum et ubi habitent: cum fpecificatione bonorum, reddituum, fiyharum, pratorum, terrarum, et limitum ac terminorum, et onerum annexorum quotannis exhibendum. Ejus verb regifiri co piam authenticam ad nos mittant in epificopatus archivis refervandam." The beneflciaries were obliged to render accurate and minute accounts of their beneflces, coun- terflgned by the local magiftrates, to the Ueans ; and the latter again to the biffiop. To which purport all perfons, who were inducted into church-livings, took an oath at the time of their induction : and, if they did not fulfil their pledge within a year, they were liable to be cited before the biffiop's court, and puniffied for perjury ; the proflts of the beneflce being, at the fame time, put under fequeftratlon. S. V. C. VII. § 2.] SuperbiSion of tje ©lerga.— Megistration. 307 Laftly — The Ueans rural of the diocefe of Rouen are ss Rotomag. charged in the Synodal Mandates of the year mdcxl vii, ' p. 143. can. n. " Ut finguli omnium capellarum fiuorum Uecanatuum titulos, quaUtatem, fiatum, valorem, et onera, una cum titularium et patronorum nominihus, in tahulis accurate deficrihant, earumque exempla intra proximam fynodum apud acta Can- cellarice ArchiepificopaUs perf erant, aut tranfmittant f &c. §3. prohibition OF UNLICENSED MINISTERS. The Uean's duties, let me add, ceafed not with enforcing the refidence of the duly-inftituted clergy, and regifiering ¦, them and other officiating minifters in the public matri- ^ cula of the Ueanrg : he was alfo to fupport the prohibitions j of the church againft unlicenfied and vagrant minifters, j and not to allow them to celebrate within the limits of | his authority. " Ne aliquis Uecanus presbyteros extra dioecefim Leo- Th^aur.Amcd^ dienfiem ab alienis quihuficunque epifcopis ordinatos permit tant infiuis Uecanattbus celebrare, nifi per literas nofiras eis \ ofienderint ipfos fiuper hoc licentiates, et tunc eos licentice conceffce terminos excedere non permittant." (Can. xxii.) Again — " Sacellanus nullus admittatur," writes the fynod of Saint Omer (A.D. mdlxxxiii. — mdcxl.), "nifi a nobis prohatus et admiffus. Is etiam literds admifiionis a nobis factce Uecano difirictus illius exhiheat, qui eas vidi fefe, et examind fie fcripto tefiabitur : nee nifi ejufmodi ^ttmi fcripto vfi), et profefiione fidei emifd, prcefumant pad ores eum redpere." x2 Decret. Synodi Dioec. Audomar. Tit. XVIII. c. IIL p. 86. 308 33erSonal ^Functions. [Part IV. Decret. Synodal. Arch. Colon. Tit. V. c. V. {A.D.MKCLKII.) Statut. Synodi Bn/genfis, p. 18. A.D. MDLXXI. Ch.ap. XIII. p. 73. SS CC. Tom. XIV. col. 1280. See alfo Decret. Synod. Colon. 'i'it. V. cap. VI. {A.D.MDChXU.) Again — " Summo fiudio advigilent Uecanf rurales ne quis facerdos Sfc. in beneficium aliquod par ochiale, fieu curatum vel exercitium curce animarum .... fiefe intrudat, abfque prcevio examine, et legitimd approbatione:" — and if anv fuch unexamined and unapproved prieft dared to in trude himfelf by force, he was to be made over to the j fecular power. If the clergy allowed any of the religious, within the diocefe of Bruges, to preach, or hear confefiion, without flrft exhibiting their letters of licence before the local Ueans of ©firistianttg, they incurred a flne oixnlibrcehr every fuch offence. " All vain and wandering priefts," writes the namelefs author of yl Humble Propofal for Parochial Reformation hy Rural Deans and Chapters, " whofe flns made them inca pable of ftaying long in any place, through their great expences and little deferts," {"utpote apofiatce, difcur- fores, et vagi de aliis provindis," &c.) " were to be taken and examined by the Uean, if they came within his Ueanrg, both concerning their orders, and the reafon of their vagrancy, that they might be returned to the places of their charge, or depofed according to the canons." Such interference took place on the authority of the council of Cologne {A.D. mccc); which farther adds, that thefe clerical wanderers might be admitted to the per formance of minifterial functions, on the Uean's being fatisfled of the authenticity of their letters of orders, and their general fltnefs— " tiinc demiim admittantur tales, dim in his inventi fuerint idonei &c." (Can. in.)— -But if they were found, on examination, to be without tefii j monials, from their own biffiop, of being canonically S. V. C. VII. § 3.] Superbision of ©lergg.— SSnlicenSeD iWinisterS. 309 cc. Rotomag. Prov. P. II. SS. cc. Tom. XIX. col. 1302. ordained and lawfully difmiffed^ from their paft cures, they were inadmiffible to any church, or duty of the priefthood. Whoever ventured to employ any fuch perfon, merely " dicentem fie presbyterumf as a curate or chaplain, incurred the penalty of excommunication; unlefs he again difcharged him within fix days after notice duly ferved upon him by the Uean. The fynod of Conftance (^.D. mcccclxxxi.), in a canon expreffiy |pp-57o, 57 1. ^ ^' _ r J \ Synod. Conftant. directed " contra presbyteros fe facientes promoveri abfque j litteris dimi fibrils," goes yet farther, and fanctions, by its authority, the actual imprifonment of fuch daring offenders againft church-difcipline. At a later date, the council of Augsburg {A.D. mdxlviii.) authorifes Ueans rural to cite before them all fuch fufpected characters at their rural chapters, to demand the formal exhibition in court of their letters of orders, and their title to the eccleflaftical beneflce to which they laid claim ; and then to report thereon to the diocefan. The collected Statutes of the diocefe of Avranches {A.D. mdl.), charge the Ueans — " Ut presbyteros peregrines ad celebrandum nullateniis admitti finant, nifi pofi lapfum octo dierum doceant de fuis litteris : mirms verb ad confef- fiones audiendas recipiant. Ufium confefiionalium nfi ab offidariis nofiris probatorum minime admittant, et utentes denuncient. Si quemfdverint injufio titulo alicujus heneficii fructibus gaudere, confefiim revelent, &g." To the like (') See a form oi " Literis DimiJ/oricB conceffk clerica cupientife ab und dioecefi in aliam transferre," in Gibfon's Appendix, Cad. I. E. A. Tom.II. § III. p. 1443. xiv. SS. Rotomag. Prov. P.II. p. 290. Synodi Ahrin- cenfes. 310 personal functions. [Part IV. Decreta Antiq. Synod. Camerac. pp. 110,111. p. 130. purpofe fpeaks the fynod of Cambray of the fame year, in the canon, "De non habentibus curam animarum^." Van Efpen I.E.U. P.II. T.x. cm. p. 362. Martene, Thef. Tom. IV. c. 858. SS. Rotomag. Prov. P.II. §4. PROHIBITION OF ILLEGITIMATES UNPROTECTED BY PAPAL DISPENSATION. It being contrary to the canon law that the fons of i clergymen, or illegitimates, ffiould fucceed to eccleflaftical I beneflces without the fpecial permiffion of the fee of , Rome, or to whom the Pope granted the power of dif- ; penflng with " irregularitas ex defectu natalitium," as it : was denominated by the canonifts — we find the following 1 precept to Ueans rural of the diocefe of Liege in the Syn odal Statutes of that fee {A.D. mcclxxxvii.) — "Prcecipimus Uecanis ruralibus, quod infiuis Uecanatibus inquirant utriim aliqui filii facerdotum vel illegitimi nati obtinent aliqua (') The following mandates appear in the Rouen Provincial Synods; and are here admitted, as bearing upon this part of Oecanal duties : — I II. " Mandata mi/fionum pro temporibus adventus et quadragefimcB [disjunctim dabuntur ; et arcjipresbsteriyew iJecani rurales necnon rec- ' tores ecclefiarum parochialium prohibentur admittere quemlibet condo- ; natorem temporibus quadragefimcB, nifi ad hunc effectum fiecum fercd j mandatum particulare, quo conflet rationem villicatianis fuce pro ad- ventu fiedi archiepificopali reddidiffe." (Mandata Arch. Rotomag. &c. MDCXXXVIII.) IV. " 9lrcj&ipresbgtcrt fieu Decani rurales providebunt ne quis concio- natar quadragefimcB temporibus recipiatur, qui nan promiferit fefe ibi dem per actavas facrofancti facramenti, et ciffumptianis beatiffimce Marice Virginis, in honorem voti regii et canfecrationis regni, verbum DEI prcedicaturum. Laid autem votis nqftris per opera caritatis obfe- cundare nan recufent." S. V. C. VII. §4.] Superbision of t{(e ©lergg — Illegitimates. 311 beneficia ecclefiafiica fine dfpenfiatione fiedis apofiolicce: quos fi invenerint, nuncient patronis beneficiorum, quod ipfa bene ficia conferant perfonis idoneis, et nomina talium fuperiori fiuo fiub poena excommunicationis remittant." Can. xii. This law applied to "illegitime nati," both laical and clerical: and, the learned Thomaffin thinks, no diffe rence was made in reference to the latter, whether born in or out of wedlock, as long as they were " in fiacerdotio geniti." Extra, de filiis presby t. g.xiy. Loop-holes, how ever, there were, by which to efcape this irregularity ^ " ex defectu natalitium:" — fee a form of difpenfation "pro illegitimi nato, ut pofiit obtinere dignitatem aut beneficium," in Gibfon's Appendix, Tom. ii. p. 1340. § in. Art. iv. In a canon of inftructions to archdeacons and Ueans rural of the fore-mentioned diocefe of Liege, the attention ( ' ) This natal or natalitious defect does not appear to have been an infurmountable bar to promotion in our own fee, though the inftances of fuch irregularity were numerous. There was no limit to the papal power of difpenfation in adjufting thefe difqualifications and putting matters to rights ; — as the foUovping anecdote proves, refpecting the elec tion of Richard Bingham to the vacant fee of Sarum. Forty-one canons and prebendaries were prefent at the preliminary meeting, by themfelves or proctors ; being authorifed to proceed to the election of one of their body to fill the vacant epifcopal throne. But of this number, there were fome, fays the regifter, " qui non poterant eligi, eo quod non effent de legitima matrimanio, utpote OecanuS efiifdem ecclefia, et quidam alii. Aliqui tamen eorum dicebant fe effe munitos fuper hoc per indulgentiam apoflalicam, veluti mag. W. de Merton, archidiaconus Berkfir. mag. de Chabbehxmi, fiubdecanus Sarum, quorum uterque protulit indulgentiam apoflalicam, cum tali tamen adjectione : ' Ita tamen quod fi ad epifco- patum vocatus fueris, ilium fine licentia noQ,x^ fipeciali nullo modo re- cipias.' Alii vero cortfitebantur defectum natalium fuorum, nul lam peniths habentes fiuper hoc indulgentiam." Thefe indulgences, it is noticed, were all of the pontificate of Gregory IX. 2Sct«§ i)!cs)i§= ti'uni Soncti DSimint)!. penes Epifcop. Saram. 312 Personal dFunctionS. [Part IV. Stillingfleet's Ecclef. Cafes, Vol. I. p. 358. Johnfon's An cient Sf Prefent Church of Eng land, P. I. c. IX. p. 76. ex. p. 107. of thefe officers is particularly directed to a fecond irre gularity, which incapacitated a clergyman for holding a beneflce ; namely^ where he was the fon of the imme diately preceding incumbent: — "Nullus filius facerdotis obtineat beneficium," fays the canon referred to, "in quo pater fiuus immediati defiervivit." Such a clerk was iMegi-^ timatized by the canon law of Weftern Europe ; but not in England. Though the rule was entered in our pro vincial conftitutions — (fee CC. M. B. et H. Vol. i. p. 474. A.D. MCLXXIII.), ftill it is generally held, the biffiop of [Worcefter fays, that it was never received here; and j therefore we find no inftructions to Ueans rural on the ! fubject, in the councils of Great Britain and Ireland'. Bafiardy, however, without difpenfation, was always a juft objection to a prefented clerk. See Thomaffin V. et N. E. D. Tom. ii. P. ii. L. i. c. lxxxiv. p. 251. vi. feqq. aSctuS iScgiS- tcum ©nncti DSmunDt, i fol. 105. t Presbyteri et \ Diaconi uxorali. I (') There were two reafons for the law " Ne filius fiuccedat patri:" one was, to difcourage the marriage of priefts (fee Confi. Dom. Othon. innotuit) ; the other, that benefices fliould not become hereditary. (See Conft. Peckham. A. B. Prov. L. i. Tit. vin.) " They are certainly mif taken," fays Mr. Johnfon, "who fuppofe that all the children of clergy men, in times of popery, were illegitimate, and would have this to be the reafon of the canon. A prieft might have children before he entered into any orders ; that is, while he was oftiary, acolyth, or exorcift." See Mr. Whitaker's Hiflory of Manchefier, Vol. ii. B. ii. c. xii. § ii. p. 460. In the Inquifitia de terra de PFokingham, per Adam de Ivelceftre, (A.D. Mccxv. — Mccxxv.), Decanum Sarum, there are feveral examples of priefts and deacons, fathers and fons, being married and holding benefices fucceffively within the diocefe of Salisbury. S. V. C. VII. § 5.] ^uperbision of tje ©lergg.- Sequestration, &C. 313 §5. GUARDIANSHIP OF THE TEMPORALITIES OF THE CHDRCH DURING VACANCY AND SEQUESTRATION. As the legitimate guardians of the church's tempora lities in country diftricts, it has been incidentally ffiewn, in a former part of thefe notes, that Ueans rural (there called artSpresbgters) were canonically commiffioned, as early as the ninth century, to the confervation of the property of the vacant tituli of their arcfitpresbgterates. True indeed it is, that, in the canon referred to, their honefty in the office of collecting ecclefiaftical fruits is more than queftionable ; — they are charged with the appropriation of the produce and revenue of other churches to their own ufe; — an iniquitous breach of truft condemned by the Pavian council {A.D. dccclv.) — " Tollenda efi prava omnino confuetudo, quce in nonnulUs lods oriri ccepit: quid nonnulli arcjbtpresbgteri, vel aliorum titulorum cufiodes, fruges, vel aliarum ecclefiarum reditus, ad proprias domos abducunt &c." — inflnuating, with too much feeming truth, that fuch abduction looked more like robbery, than protection of church property. But whatever lack of honeft ftewardffiip our Pavian officers may have ffiewn in the cafes reprobated by the cited council, it was ufual, there and elfewhere, upon the vacancy of any church, for the Ueans to have the cufiody of it ; that is, fays Mr. Somner in fpecial relation to our infular church-ufages, " to collect the fruits, and get the cure fupplied, in the name and ftead of the archdeacon, during the church's widowhood: and to that end the Uean had the church-door key delivered to him ; which, upon his induction of the new incumbent, to put him See Part ill. §1. p.ll4. ThomaffiD. V. et N.E.D. Tom.I. P. I. L.II. c.v. p. 226. Antiquities of Canterbury, Parti. p. 176. 314 personal dFtinctionS. [Part IV. Parochial Anti quities, Vol. II. p. 361. P'ideaux on Churchwardens, pp. 173, feqq. 9th edit. cc.M.B.etH. Vol. I. p. 675. Vol. n. pp. 158. cc. Rotomag. Prov.P.II.^.5G5. Synod. Con- ftantienfes. in poffeffion of the church, he ufed to deliver again to him, according to the manner of giving corporal pof feffion, in thofe elder times obferved." Not only did they gather the fruits of the vacant beneflce in truft for the future incumbent, but they alfo took care that the glebe lands were feafonably tilled, and fown to the beft advantage ; — (duties now performed by churchwardens) — looking for recompence to him in whofe behalf they acted as trufiees and guardians of the benefice, viz. the future incumbent : — " Terrce ecclefia rum vacantium incultce non jaceant, fed per Uecanum loct excolantur, ab eo, qui fructus receperit, fumptibus refiun- dendis, vel pro parte fructuum tradantur aliis excolendce, IBecani, qui circa hoc negligentes extiterint, puniantur." — To which Worcefter conftitution " De terris defunctorum incultis " {A.D. mccxl.) — the flfty-flrft of the fynod of Exeter {A.D. mcclxxxvii.) adds, — If the Uean and fu ture incumbent cannot agree on the point of remune ration, any difpute thereupon ffiall be fettled by the ordinary. In the province of Rouen, it was cuftomary for the Uean of the diftrict to accompany the farmer of the vacant beneflce, and conjointly with him infpect its condition at the commencement of the term of his lay- tenancy ; fo that the farmer might be obliged to give it up in the fame condition at the expiration of his term : — " Cum vacahit aliqua ecclefia f the fynod of Conftance {A.D. McccLxxv.) enacts, " accedant ad locum Uecani cum firmario, et videant in quo fiatu ecclefiam fiufidpiet firma- rius, ut ita ceque bono fiatu in fine termini fiui eam dimit- tere teneatur : "—a very judicious law in cafe of litigated right of prefentation, or where a beneflce is neceffarily, S. V. C. VII. § 5.] Superbisiott of t]&e ©lergg.— Sequestration, iict. 315 from any caufe whatever, long vacant, and liable to deterioration from laical mifmanagement. In fome diocefes, heretofore, it was ufual for the entire profits of vacant benefices to accrue to the biffiops. In others, the diocefans had certain referved rights, which were managed and accounted for by the local ordinaries, the Ueans rural, as cufiodes of the church's temporalities during vacancy. In the diocefe of Melun {A.D. mcci.) it was decided by Innocent III. in perfon (during a long-pending conteft on the appointment of Ueans rural — whether vefted de jure in the biffiop alone, or in the biffiop and archdeacon — and decided by the Pope in favour of the biffiop,) that "per Uecanos rurales fuccurfus debeat ecclefiarum vacantium procurari;"' — the biffiop receiving two parts of the crops, oblations, &c. as his fuccurfius (fecours) or deportus, and the archdeacon one part, during vacancy. In the extenfive diocefe of Poictiers, the archdeacons and arc^prtests were allowed by the fynod of A.D. MCCLXXX, their portions, entitled quarentence, out of the produce of vacant beneflces — that is, the fortieth part of the income of each; — the whole of the refidue being paid to the biffiop, as his deportus'^. If they detained more than their lawful ffiare, even though the fee were vacant, they were to refund it within a month: — and the fame protection of epifcopal rights extended to the (') "Si contigerit deportus nofiros fieu rectores vel curatos, ecclefias adjirmam laicis tradere; nullo modo permittant Decani dictos laicos fie intromittere de iis qum pertinent altari, autfiare juxta illud pro obla- tionibus recipiendis, fied omnia fipiritualia, qucBCumque fimt, per presby teros idoneos, a nobis approbatos, difponentur honefie." Ex Chart. Eccl. Meldenf. inApp. ad Theodor. Parnji.p. 721. See Carpentier Append, ad T)acang. Gloffar, Thomaffin. F.et N.E.D.Tom.ui. P. m. L. II. c.xxxvii. p.395. IV. See Dneang. Gloff. T. II. col. 772. in v. deportus. CC. Rotomag. Prov. P.II. p. 565. Synod. Confian- tienfes, A.D. MCCCLXXV. 316 i^ersonal iFunctions. [Part IV. Gloffar. Tom. ii. col. 742. Thef. Anecdot. Tom. IV. c. 860. Conft. Synodal Epifcopatus Attrebalenfis,A.D. MCCCCLV. goods of inteftate beneflciaries : — " Monemus archidia^ conos et arcSfpresigteros, ut quidquid de proventibus eccle fiarum et aliorum beneficiorum vacantium, curam habentium animarum annexam, ultra quarentenas fuas, fede vacante perceperint, et alios qui de prcedictis aliquid hahuerint: necnon omnes illos, qui de bonis facerdotum et clericorum beneficiatorum intefiatorum aliquid hahuerint, fiede vacante, nobis vel mandato nofiro refiituant infra menfem." In their capacity of church-guardians, it was committed to the Ueans by the Liege ftatutes {A.D. mcclxxxvii.), to make inquifltion " de ecclefiis defalcatis " — that is, ac cording to Ducange, of churches, the revenues of which had been feized on plea of debt. The Ueans were to profecute their inquiries, and report to the biffiop, " Quod ecclefice funt defalcatce, et per quos et in quibus : et nos omnes defalcationes ecclefiarum minus legitime factas revo- camus, et prcecipimus fuh poend excommunicationis omnibus qui bona ecclefiarum habent per defalcationem miniis legi time factam, quod ea ecclefiis a quibus funt defalcata refii tuant &c. &c." The perfons and goods of clergymen being exempt from feizure "per laicalem jufiitiam," within the diocefe of Arras, the UeaUjS were authorifed, by a conftitution of that fee {A. D. mcccclv.), to interfere for their immediate liberation and reftitution, on pain of excommunication. Nay more — if the freedom of an arrefted clerk, whether for debt or other civil offence, was not immediately ceded to the Uean rural on application, the council of Compeigne enacted {A.D. mcci.), that divine fervice ffiould be fufpended in the pariffi of his capture, or prefent detention, and continue fo fufpended, until fuch time as he was reftored to full liberty, at the place where S. V. C. VII. 1 5.] Superbision of tJie ©lergg.— ^cpestration, «rc. 317 he was flrft illegally arrefted. Again — by the council of De Senlis {A.D. mcccxvii.) it was decreed, that if any temporal lords, or their fervants, violated the church's property by fpoliation, or unjuft occupation, their man- flons ffiould be excluded from the church's protection? and the occupiers deprived of all fpiritual miniftrations, till full atonement was made : — to which things, the Ueans, as defenders of eccleflaftical privileges and pro perty, within their jurifdictions, were bound to attend by the general refponflbility attached to their office and ftation. In England, the beneflces of the clergy being liable to fiequefiration, on other occafions than vacancy, one of the moft frequent caufes of this procedure being en forced againft a beneficiary was, and is, infolvency. It was not uncommon, of old, for the mandate iffued from the epifcopal court, upon the king's writ to fatisfy the debts of an incumbent, to be conflgned for execu tion to the Uean rural; — there being, till the middle of the fourteenth century, no lay-guardians, or church wardens, eftabliffied among us, to fulfll that duty. — Thus, White Kennett relates, that the rector of Am brofden {A.D. mcccxvii.) being indebted to Peter Cofln, merchant, in the sum of fifty-feven pounds, and, upon profecution at law, being found to have no temporals to fatisfy the faid debt, a precept was directed to the bifliop of Lincoln to fiequefier his beneflce on default of payment. The biffiop directed his orders to the official of the archdeacon of Oxford, and the official to the rural Uean of Burcefter, to execute the faid precept. Indeed, it appears, that the whole of the minifterial Parochial Anti quities, Vol.1. p. 537. Ex SK§. Bibl. Bodl. Digby, 154. 318 t^ersonal jFunctions. [Part IV. Stat. Synodi Dicecef. Yprenf. Tit. VII. cap. IX. Statuti Synodi Tornacenjis,pp. 56, 57. arjs. stbbcnba, Paroch. Antiq. Vol. II. p. 351. department of fiequefiration^ — whether, during the vaca tion of a beneflce, for the fupply of the cure, the ma nagement of the proflts, and fuftentation of the church buildings, — or, during incumbency, for enforcing necef fary repairs, (in case of non-compliance, on the part of the beneflciary, after due admonition to amend defects) — or, pendente lite, in inftances of difputed title, — ^or for neglect of ferving the cure after inftitution and induction, — or for debts, or any other cause, — was conflgned of old to Ueans rural in England. Nor does it appear that the Belgian ecclefiaftics of the fame name and title were lefs concerned with the fiequefiration of beneflces at a later period. The fynod of Ypres {A.D. mdlxxvii.), touching upon fome of the fpecifled reafons of fequeftratlon, decrees : — "Si defunctorum cedificia non inveniantur in debitd repa ratione confervata, aut defuncti decefferint multo cere alieno gravati, curare debent Uecant, ut mobilia relicta fiatlm fequefirentur ; inhihendo per edictum publicum i fuggefiu, et, fi necefie fuerit, cum afiifientid hrachii fcecularis, ne qui dehitores quidquam folvant hceredihus defunctorum abfque caufce cognitione et nofiro confienfiu ; ut hdc vid tum cedificia refiaurentur, tiim etiam creditoribus defunctorum abfque difficultate pofiit fatisfieri." Again — "Si beneficia pofiidentes fuorum beneficiorum onera perfolvere neglexerint," fays the fynod of Tournay {A.D. mdlxxiv.), "fructus omnes beneficiorum hujufmodi per Uecanum arrefientur, donee de prcedictarum onerum perfiolutione confiiterit." (') "ISecanuS in fiio de cetera Itecamtu fit fine qudvis injiifid feviti fequeftrator, Sfc." Ex registr. W. Wickwane Ebor. S. V. C. VII. § 5.] Superbision of tje ©lergg.— Sequestration, &C. 319 "Bona etiam ecclefiarum, fieu beneficiorum per mortem vel refignationem aut alias vacantium, fied et litigiofirum, ac aliorum quorum pofieffores refidentiam non faciunt, exceptis privilegiatis, qui de privilegio tempore debito fidem habere tenentur, imo eorum quce rectores ob excommunica tionis fententiam, vel commifium delictum adminifirare non pofiunt, omniumque presbyterorum illegitimorum et aliorum ah intefiato decedentium,fimili arrefio fuhjidmus, Uecanis nofiris fierio injungentes, quatenits nomine nofiro hujufmodi beneficiis, de fructibus eorundem, in divinis laudabiliter defervire fadant, nee priiis manum ab arrefio levent, quam ficiverint S^c. . . . quempiam idem beneficium pacifice pofiidere, Sfc." And, that the Ueans might be remunerated for the labours " quos ecclefice, pafioribus, et domibus eorum mortuariis drca prcemiffa impendunt," it is farther enacted by the fynod of Ypres {A.D. mdlxxvii,), that they ffiall receive, according to ancient ufage, " a domo mortuarid cujufque pafioris optimum inter relicta mobilia pignus " — • a cuftom both just and reasonable in the estimation of the fynod, and therefore renewed and confirmed, both by it and by the fubfequent one of mdcix. — "Becant enim," fays the latter, " et viventibus et morientihus omni bus pafioribus ex cequo invigilant." To enable Ueans rural readily, and without molefta- tion, to fulfil the office of fiequefirators of church pro perty, for whatfoever caufe alienated pro tempore, and to convert it to the objects of the fiequefiration, the following wary canon paffed the church of Offory in Ireland ^^.D. mcccxx. (can. ix.) — " DifirictiUs inhihendo prohibemus, ne aliquis rector, vicarius, procurator eorum, nee firmarius ecclefiarum decimas fieu fructus ecclefiafiicos extra folum ecclefice in laicum feodum colligere, deponere. Stal.Yprenf.cap. ^.fuprct. Tit. xvni. c. X. cc.M.B.etH. Vol.n. p. 503. 3ao ilersonal iFunctions. [Part IV. Ccefarea by Falle & Morant, Appendix ,^o.%. pp. 207, 208. fifiolum habent ecclefiafiieum, nee collect, in groffo vendere, quominiis loct orUinarit poffint fructus fiuffidentes invenire fiequefirandos, fi necefie fuerit, pro fufientatione defervien- tium in iifidem in obfiequiis divinis, et omnibus eis incumien- tibus indi levand. transferre prcefumat quovifmado, fiub poena excommunicationis majoris &c." With the regulation of fiequefirations, and other mat ters connected with vacant benefices, in the iflands of Jerfey and Guernfey, rural Ueans have ftill much con cernment. The twenty-fourth and twenty-fifth canons of the Confiitutions Ecclefiafiical thus speak: — "En cas de vacance d'aucun benefice, fioit par mort ou autrement, le Uogen donnera ordre prefentement que les fruits diceluy benefice fioint sequefires, et que du provenu d iceux la cure foitfupplee ; et aufify que la veuve ou heritiers du deffunjct resolvent felon la proportion du temps de fon fiervice, fuivant a I'ufiage de l'ifie,fiauf ce quiferoit neceffaire a deduire pour les delapidations, s'il y en a ; et donnera terme convenable a la veuve du deffunct defie pourvoir de domicile ; et bail- lera ce qui f era de refidu au prachain incumhant, auquel le sequefirataire en rendra compte." (25th) — " Snr la mefime occafion de vacance d'aucun benefice, fi dans fix mois le gouverneur ne prefente aucun au reverend pere en Dieu Vevefque de Wincheftre, ou en cas de vacance de cefiege, au trh-reverend pere en Dim Tarchevefique de Canterbury, pour efire admis et infiitue. audit benefice, alors le Uogen certifiera du temps de la vacance aux dits feigneurs evefque ou archevefique, felon qu'il efcherra, a ce qu'ils ordonnent pour la collation du benefice : et lors qu' aucun leurfera pre fente, le Uogen donnera attefiation du comport et fiuffifance de la partie, pour efire approve par iceux, devant que d' efire admis actueUement par le Uogen en poffeffion du dit S. V. C. VII. § 5.] Superblsion of t^e ©lergg.— Sepestration Src, 321 benefice." In the commiffion of the Uean of Guernfey | the fame powers are conveyed. See " the Commifiion of \ the 19ean," in Berry's Guernsey, p. 263 ; and Winchester I Documents, ^ppenUix. j But with fiequefirations, here in England, rural arcfi- ' priests have no longer any thing to do. " The canon i lawyers," fays Biffiop White Kennett, "foon deprived the countrg Uf ans of this as well as all other parts of jurifdiction. For the chancellors of the biffiop, or the ^ParocMai Ami ,, nip 11 equities. Vol. II. archdeacons, laid claim to the cuftody ,ot vacant churches, jp. 362. and, by forms of fiequefiration, affigned them over to the oeconomi, or lay-guardians of the church." And yet it were much to be wiffied, for the good of the church, that, on all fuch occafions, the rural Uean of the diftrict, aided by a neighbouring incumljent, were reftored to his an cient capacity of infpecting and managing, as a truftee, the profits of afequefiered benefice, and of fupplying or providing for the cure ; and thereby " the damage as well as uneafinefs too often occafioned to the clergy by the neglect, unfaithfulnefs, or obftinacy of churchwar dens" (in Gibfon's words), were remedied. Whether it is competent to the biffiops to effect this most defirable transfer of duties, without the authority of Parliament or Convocation, I am unable to pro nounce ; but the Convocation of mdccx. would have fo reftored him. It was propofed as meet for confidera tion, " whether rural Ueans ffiould not be firft nominated in fiequefirations, and in all other commiffions to be iffued from the biffiop or eccleflaftical court relating to any perfons or matters within their refpective diftricts." the fuggeftion, unfortunately, was never brought to bear on the office : the whole meafure turned out abortive. Codex I. E. A. Tom. I. Tit. xxxn. cap. ii. p. 749. VOL. I. cc.M.B.etH. Vol. IV. p. 641. 322 personal iFunctions. [Part IV. Bifliop Marfli's Vijitation Charge, July Mncccxxiii.p.l9. De Vifitationi hus, cap. VII. p. 127. §6. CARE OP ECCLESIASTICAL EDIFICES CHURCH MANSE CHURCH-YARD CHURCH-UTENSILS, GOODS, AND ORNAMENTS SACRAWENTS AND SACRAMENTALS. One of the moft ufeful branches of office belonging to the Uean of CDfirtsttanttg — though not of equal antiquity with fome already ftated in relation to perfons is that pertaining to the care and examination of the material fabric of the church and ecclefiafiical buildings generally, in order to their being properly fupported by the par ties liable to their fuftentation ; — of which much has been already faid in Part iv. S. ii. and S. v. The perfional vifitation of thefe ftructures attaches primarily to the epifcopal office i. But, as a minute infpection of them and their contents is not only labo rious, but almoft impracticable to the diocefan of an extenflve diocefe in perfon, it is more ufual, and generally more advifable, to delegate the duty to others— to arch deacons and rural Ueans. To the former however, ft muft be allowed, the buflnefs of parochial vifitation in detail is often nearly as difficult as to the biffiop: whence it has come to pafs, that, by devolution, in fome diocefes (in many, archdeacons do vifit parochially), it has fallen to the Ueans ; who are fo diftributed through (') Confidering how greatly the difcipline of the church is defeated by exemptions from epifcopal vifitation and jurifdiction generally; and what irregularities are committed in places protected by them (of which a glaring example is afforded, I regret to fay, in my own Deanrg, and noticed in Part iv. S. ii. p. 203. note ') ; it would be well for the church, the law projected by the Reformatio Legum Ecclefiafiicarum were to be ratified and put in execution. The title is, "Privilegia locorum exemptorum moderanda; " and the fuggefted remedy is this :— " Quoniam libertates S. V. C. VII. § 6.] Superbision of ©lergg.— ^Ecclesiastical lEOifices, ^c. 323 the archdeaconries, as to be able to perform the duty, vicarioufly for their fuperiors, with the beft poffible effect, and the leaft poffible trouble \ libertates et immunitates ecclefiafticas * licentiofam, vide'mus ficepenumero afferre peccandi fiecuritatem ; volumus, ut epifcopis liceat in omnia col legia, focietates, et ccetus, qucB quidem in earum, dioecefibus canfiiterint, quantumcunque privilegiis prcemuniantur, injpectare, pcenafque peccatis illorum ciffignare, non fioliim comniunibus vifitationum, fed omnibus \ aliis temporibus, cum ¦magnitudo criminum pqfiulabit, et eandem archi- j epifcopus in fud provincia potefiatem habebit." \ Bifliop Seth Ward contemplated a bill to unite and fubject peculiar j and exempt jurifdictions to the diocefe wherein they exifted. See 0i^. of Ward copied for Abp. Sharp by Mr. Nafh, nephew of Dr. Woodward, | iiean of Sarum, penes the Bithop of Salisbury. With regard to the particular cafe alluded to within the ijeanrg of Chalke, I am happy to fay, fince the note above referred to was written, that a curate has been appointed by the Roman-Catholic patron and ordinary of the place, at the earneft folicitation of the rural Dean, and the parifh church has been re-opened (deo gratias !) for divine fervice, Jan. MDCCcxxxv. It has been fince much enlarged and beautified by private fubfcription and grants of Church-Building Societies, Sept. mdcccxliii. (') The Reformatio Legum Ecclef. continues the vifitational capacity '. De Ecclefia et of archdeacons, and makes arcppreSbgterS rural accountable to them in j &c. cap. vi. refpect of dilapidations &c. "Archidiaconus annis fingulis bh, aut ad\ minimum fiemel archidiaconatum Juum perluflrabit. ^rc]&ipresbgteroS, i et * To shew that our ecclefiaflical-law reformers did not overrate the evils of exemption, I fubjoin an extract from Bishop Seth Ward's Notitla of the diocefe of Sarum, touching the place above alluded to—" Locus eft famofus propter matrimonia clandeftina ^c. in eontumeliam ecclefice, et familiarum ruinam!" and I add in corroboration, that the oldeft parish regifter belonging to this unfor tunate place (from mdcliv. to mdolviii.— and from mdclxxxvi. to mdccxliv.) was offered for fale in an adjoining market-town in mdoccxix, and is now in the poffeffion (fortunately) of Sir R. C. Hoare of Stourhead. "IU as this regifter has been kept," fays the hiftorian, " it is much fuperior to the other (commencing mdcoh.}, than which nothing can be more difgraceful to the curates of this parish. y2 aiotltiac Sctfji ®l.ii6Copt ©a- tuin. 5Bi8. Hoare's Hift. of Will/hire, Dunworth, p. 64. 324 i^erSonal jFunctions. [Part IV. cc.M.B.etH. Vol. I. p. 547. Onghton's For- mular. Vol. ii. See appcnBi;', Many and exprefs are the canons entrufting thefe delegate powers to Ueans rural. Some have been already incidentally cited under vifitational duties; and others ! will be found in the ^ppenUix of Documents. A few are here fubjoined. The Meath Confiitutions of Simon Rochfort {A.D. mccxvi.) enact, "iv. . . . Ut artj&tpresliB- teri quotannis, et fcepiiis, fi opus fuerit, perfonaliter vifi tent fiatum et conditionem omnium ecclefiarum infra fuos Ueeanatus ; etfi qud ecclefia reparatione indigeat, hortentur gregem dominicum ad earum reparationem &c videant etiam an domus pafiorum et capeUanorum fint fartce tectce &c." " Cum fit confonum jurif fays Oliver Sutton, biffiop of Lincoln {A.D. mccxcii.), in a monition addreffed to the Uean rural of Hoyland in that diocefe, " ut parochiani locorum, ad reparationem feu confiructionem ecclefiarum, nolentes contribuere, fud fponte, ad id per cenfuram eccle fiafticam, ratione prcevid, compellantur ; vobis firmith in- jungendo mandamus, quatenus parochianos ecclefice de Malton ad ref ectionem fieu coifiructionem campanilis ecclefice ejufidem, faciatis contribuere, prout decet: contradicentes et rehelles cenfurd hujufimodi canonice compellentes." The fynod of Conftance in Normandy {A.D. mccclxxv.) admoniffies all beneficia,ries to have their houfes and dwellings repaired, on pain of fequeftratlon — and the Ueans to vifit and report to the fynod: — " Omnes eccle- et inferiores reliquos miniftr as armies non folum Jiiorum admonebit offi dorum, fed rationem etiam ab eis repetet, et de templorum ac csdificiorum minis, et de thefiauri pauperum diftributione, et de bonorum ecclefice vel accejfione vel deceffione. Quod autem five in his relms,five in illis quce ad arcj^ipresfegtert explorationem referuntur peccatum erit, per cenfuras ecclefin/iicas corrigetur." S.V. evil. §6.] Superbision of ©lergg.— Ecclesiastical iEDifices, &c. 325 ss. Rotomag. Prov. P. II. p. 565. Syrwdi Conftant. A.D.ucccLXXv. Fafciculus Re rum, p. 425. Van Efpen I. E. U. P. II. Tit. XXXIV. cap. VIII. p. 674. fiafiicce perfonce beneficia obtinentes, domos et habitationes fiuorum benefidorum fiecundum eorum facultates faciant re- parari, fub poend fiequefirationis fiuorum beneficiorum. Et quod Uecani quilibet in fiuo Uecanatu dictas domos vifitent, et nobis referant infra fynodum." Our cardinal-biffiop of Sarum (Campegio) fpecially directs the attention of Ueans rural to the fame points of reftoring and fuftaining church-houfes, fubject to the fame penalties, on the part of the beneficiaries, for non-com pliance. The injunction appears in his " Confiitutio ad removendos abufus," {A. D. mdxxiv.) Nor are the fynods of Malines, about the fame date, backward in inculcating the like infpectionary duties, with even ftronger threats on paft and future neglect. j The fynod of Cambray {A.D.ubl.) charges the Ueans Iff^f^^^^ji to fee to the due reparation and fuftentation of all ^"^^"g^'^i^^ church edifices: and enacts, that, if it ffiould happen, \staMaSynod that "Propter negligentiam Uecanorum GC^nstiant'tatis, g'wi mdlxxi, eas tenentur vifitare, domos curatorum et capellanorum j pejorari, Uecani, ob quorum defectum hoc accidet, et eorum beneficia teneantur dictas domos relevare, vel reparari fa cere, fuis propriis fiumptihus et expenfis." " IM domus pafitoraUs efi," fays the fynod of Saint Omer {A.D. mdlxxxiii.), " non liceat pafiori fine exprefio confienfiu nofiro, aliam inhahitare: eam autem domum debite ah ipfio reparari etfiartam tectam confiervari prcecipimus, nifi reparationes illius ab aliis fieri debere certo confiet. Atque in hoc advigilabunt fiedulb Uecani aliique vifitatores, ne, quod contigiffe alicubi deprehendimus, paulatim per incuriam 'pafiorum domus Ulce deterior entur, immo corruant, cum -.^ i. rr- • T ¦ a- T 1 fte Van Efpen magno interdum fiuccefiorum prcejudicio. Si quos negtigen- i.e.u.p.u. tes deprehenderint, nobis denuntiabunt, ut nos ipfi eorum c.'viii. p. 674. -pp. Decreta Synodi Dicec. Audomar. Tit. xvii. cap. XVIII. p. 82. (A.D. MDLXXXIII. MDCXL.) 326 personal jFunctlons. [Part IV. Decreta Synodi Tornacenjis, p.56. SS. CC. Tom. XXI. col. 462. Decreta et Sta tuta Synod. Mechlin, p. 169. Stat. Synod. Dicec. i'prenf. Tit.xx.cxxvin. CC. Rotomag. Prov. P. IL p. 1.30. fumptibus eam reparationem fieri curemus, et pro prceteritd negligentia puniamus." The fynod of Tournay {A.D. mdlxxiv.), "De Uecanis CDjbristtanttatis et eorum officio," cap.xii. orders, "Si domos, aliaque ad ecclefias fpectantia cedificia, rectores collabi per- mferint, per Uecanos de bonis arrefiatis hujufmodi cedificia reparentur, alioquln ob commifidm negligentiam propriis eorum expenfis id ipfum fiat :" and further inftructs^ the Ueans of ©firisttanttB in the proper method of raifing funds for reftoring the churches of their Ueanries, in cafe the fame have actually become dilapidated — the tithe- holder being bound to rebuild the choir at his own coft, and the pariffiioners at large (by a collection capi- tatlm) the nave. Cap. xiii. The council of Milan (J.I>. mdlxxix.) capacitates fora neous bicars, or Ueans, to inquire — -" Qui fingularum eccle fiarum, prcefiertlm parochialium fiatus, an fi quce infiaura- tionem defiderant; an debito cultu fraudantur, &c." The fynod of Malines {A.D. mdcvii.) authorifes the Ueans to order immediate repairs, at their annual vifita tions; and bids them denounce difobedient beneficiaries to the diocefan, or his vicar-general. The fynod of Ypres {A.D. mdcix.) enacts, "Pafiores de rejmrandis et refidendis fiuis domibus pafioralihus maxime fint fiolliciti: referantque ad nos Uecani infiuis vifitationibus, qui ed in re negligentes aut inobedientes fuerint." (') In cafe of new chapels being erected in their tieanrieS, the artj)- presbgterS rural were under an obligation, in the diocefe of Rouen (A.D. MDCXXXVIII.), to exhibit the contracts of endowment and founda tion, in order that copies might be depofited in the office of the arch bifliop's fecretary, and the originals preferved among the archives of the diocefe. S. V. C. VII. § 6.] Superbision of ©lergg.- lEcclesiastical lEDifices, kt. 337 That of Bois-le-duc {A.D. mdcxii.) bids the arcfipricsts j stat. synod. of the diocefe inquire, at their vifitations, " Utriim eccle- \ fof-^v.'^.tt'^' fiee reparatione egeant, et coemeteria bene occlufa fint." Religion being deeply interefted in the prefiervation ' and decent condition of ecclefiafiical edifices — fuch effential aids to its outward manifeftation in the world — fuch allectives to divine worffiip, and fo indifpenfable to paro chial incumbency — no wonder, the mofi recent inftruc tions to Ueans rural in England and Ireland, as well as See stpijcntir of the mofi ancient, invariably include all church-buildings bccnEccmncntt as objects of annual, or occafional, vifltation and exami nation — equally thofe confecrated to the fervice of God, and thofe dedicated to the inhabitancy of his minifter. . Nor are the cemeteries of the dead overlooked, either in I our infular documents, or in thofe of continental churches. The Ueans are to take care that the churchyards are well and fufficiently maintained with walls, pales, or ; hedges, and that they are kept in a decent and befltting , manner, neither defecrated by cattle, nor violated by j other profane intruflon. The fame ftrict injunctions ! apply, in a higher degree, to churches. | By the fynod of Arras {A.D. mcccclv.) the Ueans are conji. synodal. bade to allow no tavern-keepinq nor wine-fellinq in church- Attrebatenfis,A.D. MCCCCLV. houfes, on pain of excommunication, and a fine of ten pounds : — " Ne in domibus ecclefiarum tahernas vel vinum venale teneant ; fiub poend excommunicationis, et decem librarum Pari/ien/ium :" and by an inhibition of Biffiop, oughton's For- J J •> XT' mular. Vol.u. Dalberby of Lincoln ( J.X>. mcccix. — mcccxiv.), they are; p. 293. charged to forbid all judicial proceedings, fair-holding, \ marketing, &c. within the churches of that diocefe. ^ Specially, alfo, does Oliver Sutton enjoin the Uean of Hoyland, by name, {A.D. mccxcii.) to forbid the laity 328 personal Jfunctions. [Part IV. collecting their rents in fuch holy places. See Lincoln Documents, glppenUtx, N°. v. and vi. — ¦ — But to return to churchyards. The Ueans rural of the latter extenfive diocefe had Onghton's For- mular. Vol. il. P. 291. StrpmMr. Lin coln Documents, No. I. P. 292. Stcpcnbix, Lin coln Documents, No. rv. SS. Rotomag. Prov. P. II. p. 516. Synod. Lexov. their attention particularly directed to the profanation, of churchyards in the latter end of the thirteenth and beginning of the fourteenth centuries, by the fame biffiops — Sutton and Dalberby. Several mandates to that effect, from Onghton's Formulary, are tranfcribed into my ^ppenUt.r of Infiruments. Of which, one is addreffed to the fore-named Uean of Hoyland {A.U. mccxci.), ftating, that many abufes, requiring immediate reformation, had come to Biffiop Oliver's ears during his laft vifitation of that Ueanrg : among which, in particular, the violation of parochial cemeteries by the rectors', vicars', or other cattle, is noticed — " Coemeteria ecclefiarum paro chialium, per pecora rectorum &c. turpiter maculari; five per defectum claufiurce, five per quorundam negligentiam, &c. &c." And the mandate, in conclufion, bids the Uean inffict condign canonical puniffiment for all fuch trefr paffes and infringements of the immunity of facred places. — A fecond mandate, addreffed to the Uean of ©Sristianitp of Lincoln {A.D.mccxcyw.), complains of the like profa nation, " tilm per pecora, dim per ejecta et effufa a domi bus circumhabitantium ; " and bids that officer, " quid per muratianem, quid per aliam claufuram decentem," to pro vide a fuitable and immediate remedy. — See more in the ^ppcnUtx. Upon the fame fubject, the fynods of the province of Rouen legiflate in plain and pofltive terms ; and fo alfo thofe of Belgium. But it is unneceffary to multiply quotations. Let it fuffice, that to other objects of Uecanal S. V. C. VII. § 6.] Sbuperblsion of t])t ©lergg.— ©JjurcJgartiS, irt. 339 fuperviflon, the fynods referred to, almoft everywhere, add the cemeteries of the faithful — "that the walls of churchyards be of a proper height, or, at leaft, that the quickfet hedges {hayes de vive plante) be of fufficient ftrength and altitude to prevent the intruflon of cattle within the confecrated limits." See alfo Synod. Bufco- duc. Tit. XXII. c. VI. A.D. mdcxii. The modern Infiructions to Ueans rural ffiould always include the fencing and due keeping of churchyards. There is too much caufe for directing attention to their condition. In many diocefes, the writer regrets to obferve, the cemeteries of the dead do not receive the refpectful protection they are entitled to from the living. In country villages they are too often carelefsly or wil fully profaned by the incumbent's or by alien cattle. The paltry confideration of the furface-pafturage feems to extinguiffi thofe higher and better feelings, which the laft refting-place of the rural peafantry — •the KotprjTrjpiov, wherein "the rude forefathers of the hamlet fleep," ffiould excite : — feelings which ffiould lead to a decent confervation at leaft, if not adornment, of the field of burial. In Denmark, I have been told, a trifling fum is paid annually to the Curator of the burial-ground, to fee that the graves of thofe "gone before" be not forgotten. The incumbent, let his rights be what they may over the fward, ffiould not exact them by profanation of the foil. The churchwardens ffiould not wink at fuch unbe coming unholy practices by mercenary tenants. The rural Uean, who authoritatively viflts "in order to reform what is amifs," ffiould not forget, that "a cemetery" is "holy ground," ''a place of religion," "a fleld of God fown with the feeds of the refurrection," and confe- Jeremy Taylor's Holy Dying, §vm. Works hy Heber, Vol. IV. p. 567. 330 personal iFunctions. [Part IV. Seeker's Fifth Charge, p. 182. Stat. Synod. Dicec. Audom. p. 72. Decreta Dicecef. Gandavenf. Tit. xvi. c. X. p. 77. CC.7J.i'.p.456. Statuta Synod. Dioec. Yprenf. Tit. vn. c. VI. Stat. Synod. Dicec. Brugenf. {A.D MDLXXI.) p. 27. quently that it ought not to be defecrated to the profane ufes of ordinary pafture-land. On the contrary, he ffiould point out to the clergy, or others, whom it may concern, in the ftrong language of Archbiffiop Seeker, " the duty of keeping the churchyards neat and decent, not turning in cattle to deflle them and trample down the graveftones, and make confecrated ground fuch as they would not fuffer courts before their own doors to be ; but taking the proflts of the herbage in fuch manner, as may rather add beauty to the place." See Archdeacon Goddard's Charge, mdcccxxvi. pp. 32, feqq. The fynod of Saint Omer {A.D. mdlxxxiii.) makes it a part of the office of the Ueans of ©j^risttanitB to blefis new hells^ — "novas campanas henedicere:" — "qud infiunc- tione," the canon fubjoins, " caveant patrinos aut matrinas qui nomina campanis imponant invitare, aut permittere, fied id tantum faciant quod in manuali prceficrihitur." The duty of confiecrating new bells is alfo impofed on rural arcfiprtests in the diocefe of Ghent {A.D. mdcl.), and of Seez {A.D. mdclxxxv). In that of Ypres {A.D. mdlxxvii.) they have the fame fervice to perform in regard to bells; and, in addition, they have to reconcile churchyards, which had been, by epifcopal declaration. . (') This exceedingly abfurd ceremony is faid by Brand to have been firft practifed by Pope John XIII. {A.D. dcccclxviii.). The Roman Pon- tificale prefents us with the ritual for it. It had not ceafed, it feems, to excite attention in the French Court at the clofe of the laft century. It is faid in a .lournal of the day (Sept. 22, mdcclxxxii.) : " The lovers of ecclefiaftical folemnities are running in crowds to the church of St. Sul- pitius, to fee the ceremony of chriflening the new bells of that parifli. The godfathers and godmothers of the firft are the King and Queen, who have fent their proxies ; of the fecond, Monfieur and Madame in perfon ; &c. &c." S. V. C. VII. § 6.] Siiferbision of tje ©lergg.- 0|)urc|)-5atenslls, &c. 331 Thomaffin. V. et N.E.D. Tom.I. p. 228. defiecrated and profaned: — " 5Becanorum offidum efi, novas campanas henedicere, coemeteria pofi declarationem d nobis factam, quod profanata funt reconciliare, &c." — and to fufpend unconfiecrated altars and cemeteries \ By the council of Augsburg ( J. D. mdxlviii.) the Ueans of tftc countrg are charged to take care that no images be erected for the adoration of the faithful, unlefs flrft approved of by the biffiop or his vicar-general ; and they are to fearch out all heretical hooks, or fuch as are juftly fiufipected of favouring herefy, and to prefent them to the biffiop. By the fynod of Ypres {A.D. mdcxxix.) neither images, • ^f^f-^''°^„r feats, epitaphs, nor infcriptions are to be erected within ^p-xiv. any of the rural Ueanries of that diocefe, without the fpecial approval of the Uean of ©trtstianitg. Nor are any reprefentations of new and unwonted objects to be depicted for future erection, in any church, without their prototypes having been firft exhibited to the Uean of ©brtstianitg ; — whofe criterion of approbation and ad miffion (according to the fynod of Antwerp, A.D. mdcx.) is to be derived from the canons of Molanus de fiacris imaginibus. And, farther, it is decreed by the fame fynod, that all irreparably mutilated and decayed images (') We have occafionally noticed, in earlier pages of our ©ollectanea, points of refemblance in the cjiorepigcopal and Decanal functions. Others may be here pointed out ; in which the bifliops in partibus infidelium, as they obtained in England before the Reformation, refembled the Deans rural of the oppofite continent. The prelates in queftion bleffed altars, chalices, veftments, &c. They baptized, bleffed, and confecrated bells. The'y fufpended prof ane ani uncot fec)-ated places, a.nd reconciled polluted churches and churchyards. They granted indulgences for a few days, &c. &c. All which offices were exercifed by DeanS rural. Decret. Synod. Dicec. Antverp. p. 325. Strype's Life of Cranmer, p. 62. Pegge's Letter toDucarel, p. 24. 332 ilersonal jFunctions. [Part IV. Decret. Synod. Dioec. Antwerp. p. 326. See PrtBcepta SSCCiiniS, in the Slppcnbi^, P. I. S. I. 5 3. cc.M.B.etH. Vol. I. p. 547. cc.M.B.etH. Tom. II. p.] 79. are to be removed from the people's gaze, by the arcfi- priests of tfie countrg. See alfo CC. Rotomag. Provinc. P.n. p. 456. The internal decency of the edifice in which the public offices of religion are performed, in point of repairs, cleanlinefs, and all accommodations of hooks, vefiels, vefi- ments, and other things required for divine worffiip, was a part of the Uean rural's truft in France as far back as the days of Hincmar, and ftill remains fo there and in Great Britain, by conflgnment of the diocefan; who cannot, as we have already faid, perform thefe minute inveftigations, either perfonally, or by his archdeacon, fo conveniently and effectually as by his local official reprefentative, the Uean rural. The Meath canons of de Rochfort {A.D. mccxvi.) command the then newly-inftituted arcfipriests to return a faithful account to the epifcopal fynod, " De fiatu et conditione librorum, vaforum, vefiimentorum, et aliorum ornamentorum et fupellectiUum in ecclefiis infra fuos Ueca natus, ut de iis refidendis, quoties expedit, fiatuatur^." The council of Cologne {A.D. mcccx.) invefts Ueans and plebans with a power of examining the neceffary hooks and furniture of their fubject churches — of ordering fuch articles as are wanting, to be fupplied within a month. (') The idt\oyi'mg fynodal confiitution of Sodor and Man (A.D. 1291) fliould be generally adopted in archidiaconal and Decanal vifitations of churches. — " Habeat etiam archidiaconus omnia amamenta ecclefiarum in ficriptis redacta, et utenfilia earum, vefles et libros, et fimgulis annis fuo canfipectui ea facial prcEjentari, ut videat, qucs adjecta fuerint per dili- gentiam parochianorum, vel quce medio tempore per negligentiam vel malitiam vicariarum deperdita, vel per incuriam eorum aliquo modo diminuta ; quid per clericos, quid per laicos." S. V. C. VII. § 6.] Superbision of tiie ©lergg.— ©JurcJ-SltensilS, kt. 333 after admonition given — and of proceeding, even to excommunication, againft refractory and difobedient church-reeves and pariffiioners : — Can. xvii. Becani it^m et pleianf examinent libros et ornamenta neceffaria ad \ divina cultum in ecclefiis fibi fubjectis : et ubi necefie fuerit, \ per confervatores dictce ecclefice, et parochianos, intra menfem pofi admonitionem eorundem, fiuppleri faciant ; in rehelles, excommunicationis fententiam promulgando." The fynod of Cambray {A.D. mdlxvii.) charges the arcfipriests rural, "Ut qudm diligentifiime advigilent, ne quid in ecclefiis defit, quod ad divinum officium pro fiud dignitate per-agendum requiritur" And farther bids them to inform the biffiop of any fuperftitious vanities that may have crept into the forms and ceremonies of divine worffiip, whereby the minds of Chriftians may poffibly be feduced from the pure fervice of -God. The council of Milan {A.D. mdlxxix.) capacitates the foraneous btcars, or Ueans of the archbiffiop, to inquire, "An debito cultu fraudantur ecclefice; an facris vefiibus, ornamentis, fwpellectileque ecclefiafiica, ad cultum necefiarid, infiructce funt; an denique ulld ex parte incultce'' {See ^arocfiial Fisitation, Partiv. S. n.) Articles of church-furniture being committed to the cuft,ody of the Ueans of tfie countrg by the Harlem fta tutes (.4. Z). mdlxiv.), the officers are charged, as guar dians thereof, to fee that the fame are not pawned to common ufurers, under any plea of neceffity : and they are forbidden fo to difpofe of church-goods themfelves,. except upon mature examination and conviction of the propriety of the meafure, on pain of excommunication. In the diocefe of Antwerp, again, if any materials, once confecrated to holy purpofes in church ediflces. ss. cc. Tom. XIV. col. 1424. See alfo hftruc- tio Secnnoi;. Ecclefice Mel- denfis,^lv\itniilC, P.I. S. I. §2. Decreta Synod. Camerac. fol. 3. SS CC. Tom. XXI. col. 462. Statut. Synodal. per Nicol. Epifc, Harlem, A.D. MDLXIV. Decreta Synodi Dioec. Antverp. p. 379. 334 Personal dFunctiottS. [Part IV. cc. Rotomag. Provinc. P.II. p. 290. Synodi Abrin- cenfes. Decreta Synod. Prov. Aquenfis, p. 123. Stat. Synod. Bufcod. Tit.Ti-kc. Decreta Cone. Prov. Camerac. Tit. XIX. c. XIII. p. 78. See alfo Decreta et Stat. Synod. Mechlin, p. 155. A.D. MDCVII. Decreta Synodi Tornacevfts, p. 29. XVIII. negligence are apparent on the part of the laical govern- jnent ; — on which occaflons he is allowed, by the fynod of Liege, to interfere. May we not, then, infer from this ftatement, that to fpiritual hofipitals the Uean rural was admitted in the capacity of a delegate vifltor ? See Bookman's Hifiory of Inventions, Vol. iv. p. 475. But we are not left to mere inferences. The evidence is exprefs and pofltive to the point of Ueans rural being fupervifors of hofpitals and other life foundations. The provincial Scotch council, held at Edinburgh {A.D. mdli.), expreffly orders, in its ninth canon, De vifitatione hojpitalmm, " Ut Uecani in fuis vifitationihus de fiatu om nium hofpitalium referant, et debito tempore officialibus, feu commiffariis generalihus ad effectum, ut ipfi defectus hujuf modi corrigant, et opportuna remedia defuph profpiciant!' And the earlier council of the year mdxlix, probably, includes Ueans rural in the like duties under the generic title of orUinarii. Amongft the vifltatorial duties of Ueans rural of the diocefe of Cambray, we find in the provincial council {A.D. mdlxxxvi.), under the nineteenth title, the fol lowing canon : — " iBecani ecclefias parochiales et capellas ac hq/pitalia, aliaque pia loca eorundem difirictuum quo tannis ut minimum fiemel vifitent, et de eorum fiatu, ac qudmrectd divinum officium in ds peragatur ; utrumne miffis, et aliis piis fundationibus et oneribus fatisfiat, et de cceteris hiic pertinentibus accurate inquirant." — c. xiv. "Exceffus ' verb et defectus {fi quos repererint) quibus ipfi mederi ne queant, epifcopis locorumve ordinariis, feu eorum vicariis, \ quamprimiim fignificent." The fame charge is given by I the biffiop of Tournay {A.D. mdlxxiv.) to the Ucans rural I of that diocefe — to fee that divine worffiip be duly Sect. VIL] Superbiston of l^ospitals Src. 361 fupported " in xenodochiis, hofpitalibus, aliifque piis lods," and that the revenues be adminiftered according to the pious and charitable intention of the founders, and to the praife and glory of God. In the diocefe of Ghent, the arcfipresbgters rural have the like office to perform. The ftatutes of the year MDCL. enact — Cap. xx. Tit. xx. "^rcfitprcsbgtert non tantiim fabricarum et menfarum pauperum, fed etiam hofpitalium, domorum orphanorum, et quorumcunque piorum locorum computus femph audiant, uhi dejure et confuetudine id hacteniis fecerunt; et examinatis prcecedentibus compu- tibus videant num eorum conclufiones debite purgatce, feu reUqua eorum plen^ foluta fint, utque omnia debits admini- firentur, atque ut computus femper in bond et convenienti forma defcribantur et audiantur, diUgenter advigilent." "Solent arcfiipresbgtert," fays Van Efpen, "loco epificopi intervenire computihus non tantkm fahricce, aut menfce S. Spiritus in parochiis fui difirictiis, fed etiam hofpitalium, hegginagiorum, et monafieriorum ordinario fubjectorum." See Stat. Synod. Dioecefi Yprenfi. Tit. xx. cap. xxiv. {A.D. mdcix.), p. 274. and Decreta et Statuta Synodi Mechlin. {A.D. MDCVII.), Tit. XXII. cap. x. In the Infiructions or Articles of Enquiry for Ueans rural of modern days, charitable foundations are generally omitted. But there are exceptions. Biffiop Seth Ward's " Officium Becanorum iSuraliuni ad quod juramento afirin gendi funt," annexes hofpitals to the items of inquiry within the diocefe of Sarum; as if the good prelate thought fuch eftabliffiments fit objects of Uecanal vifita tion. Hofpitals and charitable foundations are alfo noticed in the Convocational Proceedings under Queen Anne re lative to Ueans rural {fee the la^fectioti); and charitable Decreta et Or dinata Dicecefis Gandavenfis, p. 98. Jur. EcclefUniv. Parti. Tit.vi. cap.v. p. 31. SKotitiac ect()i dpiSco))! ©a- rum, fol. 339. 362 personal iFunctions. [Part IV. H.Zi.jB. Vol.n. aippcntii;^, Win chefter Docu ments. Worcefter Documents. Gloncefter and Briftol Docu ments. Chefter Docu ments. Ely Documents. endowments are noted in the commiffion of the Uean rural of the diocefe of Winchefter by Biffiop Sumner ; in the articles of inquiry for the Uean rural of the diocefe of Worcefter by Biffiop Pepys ; and, together with na tional and other fchools, and parochial libraries, in the commiffion of the fame functtonarg in the diocefe of Gloucefter and Briftol by Biffiop Monk, of Chefter by Biffiop Bird Sumner, and of Ely by Biffiop Allen. S. VIII. C. I.] ©ruination, 3Enstitution, anU 3Jnt)uction.— ©rtlnation. 363 SECTION VIII. Ordination, Institution, and Induction. CHAPTER I. Ordination. HE connexion of Ueans rural with the branches of perfonal fervice which ftand at the head of the prefent fection, has long fince ceafed in Great Britain ; — I mean the ferious and folemn duties, with which they were entrufted, as local orUtnartes of the biffiop, of examining into and teftifying the fitnefs of candidates for holy orders within their feveral jurifdictions — of prefienting fuch as were approved at the altar, for the epifcopal act of ordination — and, fubfequently, either perfonally infiituting them, as in fome few places of the continent it feems to have been their privilege, ex confuetudine, to do ; Dr, which was more ufual, of introdudng them to the biffiop for that purpofe— and, laftly, putting them into the corporal pof feffion of their benefices. " That none might enter the church by ordination," fays the author of A Humble Propofal for Parochial Re formation, "but fuch whofe habitual inclinations led to a religious life, the church placed much confidence in the office of the rural Uean;— who was to publiffi the name of any one that was to be ordained of his Ueanrg, A Humble Pro- pojal &c. by I. M. c. XIII. p. 71. 364 personal ^Functions, [Part IV. De Reformat. Self. VII. c. XIII. Difcourfe of Patronage, chap.vu. p. 41. in the pariffi where he was born, or had moft lived and converfed, and that for three Sundays before his ordi nation, to learn the efteem^ people had^ of him, which the Uean was to certify the biffiop of." Many, however, and curious as are the items of Uecanal duty, which this namelefs "Presbyter of the Church of England," (as he calls himfelf on his title-page) has thrown together in his Humble Propofal to refiore Rural Deans and Chapters according to the ancient way of the Church, he is not always to be relied on for his facts and references. In proof of which, he has here allotted to the Uean what the church impofed upon the parochus; who was no Uean at all, according to modern accepta tion, but a mere parochial incumbent. Again, he fays, the council of Trent could find no furer way for profe- cuting inquiries into the characters of candidates for holy orders, than by the inftrumentality of rural Ueans; but (') Zach. Cawdrey (rector of Barthoraly in Chefliire, J.D. mdclxxv.), in his Difcourfe af Patronage, fuggefts that " every patron may by law be obliged, within one month after the vacancy of a benefice, to nomi nate three probationers for the living, to the rural t)ean, and the other minifters of that tieanrg, wherein the vacant living is ; and that thofe clergymen of the Ijcanrg be obliged, diligently and faithfully to inquire into the abilities and due qualifications of the perfons nominated ; and if no juft exception can be made and proved againft them, that then the i clergy of the tJeanrg fliould, within one month more, commend them to the parifhioners, that they alfo may inquire into the merites of the candi dates : and, after one month more referved to the people for fuch inquiry, that they fliould reprefent back to the patron, by their humble petition and teftimonials, two of the perfons named to them, declaring their rea- dinefs to fit down under the miniftry of either of them ; leaving it to the patron to prefent to the bifliop of the diocefle which .of thofe two he pleafeth." S. VIII. C. I.] ©ruination, Institution, ant) InDuction.— ©ruination. 365 the latter are not mentioned in the Sefiion referred to, otherwife than as ordinarii, under which title they may be included of courfe ; but it feems fcarce allowable to fingle them out as diftinctly referred to. Whether there alluded to or not, however, they cer tainly had much to do with the preliminaries of ordina tion, in their arcfiiprcsbgteral character, at a very early date ; and fo had their prototypes, the billan bisfiops of the fourth century, of whom fo much has been faid in Part II. S. I. The attention paid to the qualifications of perfons about to be ordained to the priefthood, in the letter of Saint Bafil, addreffed to the cfiorepiscopi of his large diocefe (who had departed from the exact difcipline of their fathers in this refpect), the reader will fee in my notes to Dr. Priaulx's '2rract ; and in the verfion of the original Greek in that excellent periodical, the Britifh Magazine, N°. xxvi. (February mdcccxxxiv.), p. 158. At that time, it feems, the billan bisfiops performed the duties of examination into the characters of candidates for orders — receiving the teftimonies of the neighbouring clergy — vpecr^inepai Koi StuKovot ol avvoiKovvTes avTo7s — to the point of their general fitnefs. And, it is probable, when the btllan arcfipresbgters fucceeded the cfiorepiscopi in their other minifterial duties, they were alfo capa citated by the diocefan to fulfil the fame fcrutiny of morals and acquirements of candidates. On the authority of the council of Nantes {A.D. Dcccxc.) can. xi.^ it was the office of the arcfipriests to accompany the candidates in queftion to the epifcopal city, in order to prefent them to the biffiop for ordination: — " Quandd epifcopus ordinationes facere difponit, omnes qui ad facrum minifierium accedere volunt, ferid quartd ante Bafil. Opera. Tom. ni. Epift. CLXxxi. p. 1 93. Salisbury Documents. See N, Alexan- dri de Chorepi- ftiopisDiffertatio, p. 180. Differt. Eccl. Triaf. SS. cc. Tom. XI. col. 660. 366 personal ^Functions. [Part IV. Decret. 1. Pars. Diftinct. XXIV. p. 34. Burchard. L. II. CI. p. 35. Thomaffin. K et N.E. D.Tom. I. P.I. L.II. c.VI. p. 227. II. Synod. Conftant. cc. Rotomag. Prov. P. II. p. 565. cc. Rotomag. Provinc. P. II. p. 128. can. VII. ipfam ordinationem evocandi funt ad civitatem, und cum arcfiipresbgterts, qui eos reprefentare debent. Et tiinc epi fcopus ^latere fuo eligere debet fiacerdotes et alios prudentes viros gnaros divince legis, et exerdtatos in ecclefiafiicis fianc- tionihus, qui ordinandorum vitam, genus, patriam, cetatem, infiitutionem, locum ubi educati fiunt, fi fint hen^ literati, fi infiructi in lege Domini, diUgenter invefiigent; ante omnia, fi fidem catholicam firmiter teneant, et verbis fimpUcilms afiferere queant. Ipfi autem, quibus hoc committitur, cavere debent, ne autfavoris gratia, aut cujufcunque muneris cupi- ditate illecti, a vero devient, ut indignum, et minus idoneum ad fiacros gradus fiufcipiendos, epifcopi manibus applicent. Quod fi fecerint, et ille, qui indignd accefiit, ah altari remo- vebitur ; et illi qui donum Sancti Spiritus vendere eonati funt, coram Deo jam condemnati ecclefiafiica dignitate eare- hunt. IgitHrper tres continuos dies diUgenter examinentur; et fie Sahhato, qui probati inventi funt, epifcopo reprefententur" The reafon why Ueans rural were appointed to this honourable truft, Thomaffin juftly alleges to be, their intimate acquaintance with the parties concerned: — " Quod arcfitpresbgter regiunculce fuce laicos clericqfque fingulos de proximo noficat, morefique eorum habeat explo- ratiores, compertiora quoque fiudia Utterarum." Where fore^ the province of Rouen continues them in this important charge : — " Inqucefias de ordinandis clericis ( ' ) {A.D. mdcxxxi.) " Ut ordinum candidati cui examen cantus peri- tiores accedant," the Rouen councils alfo decree, " prtecipitur fingulis Uecanis, ut intra terminos fui Uecanatus unam feu duas iifdem candi- datis fcholas affignent : in quibus ab aliquo perito fiacerdote in cantu plana et officiis ecclefiafiicis rite obeundis, infiituantur : aliaqum fciant fe ab examine rejiciendos." {AD. S. VIII. C. I.] ©ruination, Institution, anU InUuction.— ©rUinatlon. 367 fadant diligenth Uccant, " fays the fynod of Conftance {A.D. MCCCLXXV.), "non per eos quos adducunt ordinandi, fed per eos quos crediderint melius fire veritatem, tam de valore patrimoniorum, qudm de vitd et converfiatione ipforum. Non concordent tefies, fed fingularum tefiium depofitiones fcribant. In the collection of Statutes of the diocefe of Avranches {A.D. MDL.), the thirty-ninth inftitute relates to the duties of Ueans rural ; — of which, one bears on the preliminaries of ordination — the life, converfation, quality, age, and general fitnefs of candidates for orders, and the value of the patrimony, or title, they will be feverally poffeffed of as ordained clerks. The Ueans are charged — "Pro ordinandis clericis inqucefias et informationes per fide dignas tefies fadant de ordinandorum vitd, converfiatione, qualitate, cetate, et hahiUtate, necnon patrimonii aut tituli valore, tefiiumque depofitiones fidelith ficribant, et ad nas aut offidarios nofiros afferant, aut per fidelem nuncium .tranfmittant. Similiter cum ad eos mandatum ad hanna pro vacante beneficio mittitur, quis fit pativnus, qualfque fit prcefentatus, inquirant : et quicquid invenerint^, verifiime refcribant." And, again, in the fortieth ftatute, there is a canon "pro recipiendis ordinibus," in which the Ueans are much concerned " Ne in ipfio fiatlm limine (A.D. MDCXL.) " Ut Uecanorum fludio per opportuniora civitatis et dicecefis loca fickolcB cantus et cceremoniarum ecclefiafiicarum infiitu antur, ad quas clerici certis diebus e vicinid difcendi causd conveniant." C) So the bifhop af Peterborough recommends the bifliop of Lincoln (in his fuggeftions for a new regulation of the economy of the ruri- Uecanal office within the diocefe of Lincoln) " to inJUtute no clerk without a certificate from the Uean, of the vacancie, the true patron, the reputation of the prefentee, &c." CC. Rotomag. Prou.P.ii.p.289. Synodi Abrin- cenfes. P. 291. CC. Rotomag. Prou.P.ii.p.lSl. can. V. gjtS. stbbcnba, Paroch. Antiq. Vol. II. p. 359. 368 personal jFunctions. [Part IV. Ada et Decreta SyrwdiCamerac. MDIi. p. 39. Canones et De creta Concil. Prov. Camerac. p. 15. cap.iv. Decreta Concil. Prov. Camerac. Tit. X. CI. p. 35. Synod.Sagienfes. offendatur, providendum de litterd tefiimoniali ordinandi, tam fiuper titulo fufficienti, qudm fuper vitd et converfiatione ejus qui facris initiari defiderat. Ea cura Uecanis incumbit fingulis in fuo Uecanatu, ut fdlicet quandb ad eos ficrihitur fuper inf ormatiane fadendd de promovendis ad ordines, dili- gentiam vehementem adhibeant fiuper converfiatione honefid promovendorum, tituli veritate, omni frauds femotd : indi- centes eis periculum fufpenfionis in cafu fraudis, cetate, et literaturd. ltd tamen quod de duadedm tefiibus requifitis ex more antiquo, fix eligantur per Uecanum, et fex per pro- movendum. Et fuper his provideant fiub poend emendce," &c. The fynod of Cambray {A.D. mdl.), makes the " tefii monium legitimum Uecant^CDfiristtanitattS " indifpenfable to admiffion into^ or advancement in, holy orders. And the provincial council of the fame fee {A.D. mdlxv.) enacts, that no perfons be admitted to the order of fub- deacon, "n^ifi Uecant ruralis, vel offidalis, vel utriufque tefiimonio per literas exprefio comprohentur " &c. : — to which a fubfequent council adds, that the " tefiimonia vitce et probitatis morum quce adferri debent a fingulis ordinandis, omnino fignata fint a UecantS rurajibus, ac ddnceps ab eifdem Uecanis claufa et ohfignata mittantur, fub poena rejectianis earundem, et non admifiionis ipforum ordinandorum. Si quis autem fine illis litteris venerit, is nan admittatur, immb ne quidem examinetur." See De- ereta Synodi Tornacenfis {A.D. mdlxxiv.), p. 22. "de Sacra mento Ordinis." Statuts et Ordonnances faites A.D. une. par Frangois Pericard, Eveque d' Avranches — p. 304. can. LVII. ; and thofe of the biffiop of Seez {A.D. mdcliii.), can. XXI. p. 442. impoflng on Ueans rural the veriflcation of the baptifmal regifter of age in each cafe, the legiti macy of birth, amount of patrimony by inheritance or S. VIII. C. I] ©ruination, Institution, anU JEnUuction.— ©rUination. 369 otherwife, the publication of the name of the candidate, or, at leaft, a certiflcation of the fame having been publiffied, «&c. &c. In cafe of advancement "ad majores ar dines f the archdeacon is charged in the provincial fynod of Utrecht {A.D. MDCCLxiii.), to fend the names of the candidates to all the arcfipresbgters of the diocefe, and the arcfipresbgters, again, to their diftrict paftors, that prayers may be offered up for them in all the churches. Dr. Kennett propofes to the biffiop of Lincoln, " to call in fome of the graveft and neareft rural Ueans to examine and affift at ordinations ; and to require candi dates for holy orders, if they have lately reflded within the diocefe, to bring a certificate from the rural Uean, and his neighbouring brethren." And the Convocational Pro ceedings under Queen Anne fuggest, " that in all teftimo nials required by the biffiop or other ordinary, relating to the abilities and manners of candidates for holy orders, curates, fchoolmafters, or others within their diftricts, a more particular regard ffiall be paid to the teftimony of rural Ueans V (') See Bifhop Burnet's remarks, cited by Bifhop Burgefs, Appendix to Vifltation Charge 1832, p. 44. "The beft clergyman" of Bifliop .Burnet's fuggefted fcheme might be the Uean rural.— Who more proper? Acta et Decreta Secundce Synodi Provintice Ul- irajectenfis,p. 208. c.l. !m6. 3(bbcnbt§. atbcnba, have the mandates for induction into parochial churches, voi. n. p. 358." allwaie directed, as of old, to the rural Uean." — "To licenfe no curate or fcholemafter without a certiflcate | from the rural Uean, of the perfon, the place, the falary, ! the duties &c."^ — " To inftitute no clerk without a like account from the Uean, of the vacancie, the true patron, the reputation of the prefentee, &c." Laftly, in the Proceedings in Convocation refpecting '^c.^^.^^ff. (') ^.D.MCCCC. The bifhop of Norwich wrote to the Uean of his own 1 Blomefield's manors to induct Tho. Brademere de Hogham, prieft, according to p.459'*' ^'''¦'' cufiom, the archdeacon never inducting any one in the bifliop's manors. 376 personal ^Functions. [Part IV rural Ueans {A.D. mdccx.), it is propofed by the Upper Houfe as worthy of conflderation, " how far it may be practicable, that mandates of induction be directed to the rural Uean to be executed by him, or any other neigh bouring minifter." Moft refpectfully, but earneftly, would I folicit the attention of the right reverend the biffiops to the fug geftions thrown out by Dr. Kennett in reply to the biffiop of Lincoln, and by the Convocation in obedience to the mandate of Queen Anne, refpecting the reftora tion of Ueans rural to the antiquated duties, which are the fubject of the prefent and preceding chapters, and which cannot be too foon, 'nor too generally revived, in my opinion, under fuch high fanction, in furtherance of that important department of church-difcipline to which they appertain — the ordination, infiitution and induction of clerks. The fuggeftions are the more valuable, becaufe they are perfectly practicable, and need only to be tried. in order to be approved \ ( ' ) In many diocefes it is ufual for the bifhops to depute their rural UeanS to act, from time to time, as COmmisSarieS, to receive the decla ration and fubfcription of curates previous to their being licenfed. And the Uecanal commiffion, in fome inftances, authorifes the Uean to examine the licences of all ftipendiary and affiftant curates within his Ueanrg. Sect. IX.] ©itatiott anU ®ertlfication. 377 SECTION IX. Citatory and Certificatory Duties. S minifterial officers of fuperior prelates — " Minifiri tam epifcoporum, qudm archidia conorum" — Ueans rural were concerned in the citation of delinquents into^ the fpiritual courts, and making certificatory returns — " iSecani ruralis officium efi, in caufis ecclefiafiicis citationes et tranfimiffas exequi; — cujus figillum in talibus eft authenticumf fays the biffiop of Saint David's. " They were to receive warrants from the biffiop or his iubftitute," writes the dean of Gloucefter, "and by vertue thereof to cite all fuch to make their appearance before the chiefe paftour or biffiop, as were upon any occaflon to be convented before him : and this their citation of fuch parties to be convented, under the feale of their office they were to certifie the biffiop of." Their interference in thefe proceedings, Mr. Somner conflnes " to caufes of moment, and when the clergy of their refpective Ueanrtes were the fubjects of citation; on (') Perfons cited before courtS-@JbrtStlan, whether by UeanS rural or other officers, were exempt from arreft. All violators of this privilege of the church were to be admonifhed by the UeanS to grant to the aggrieved immediate liberation, and recompence for injury fuftained. Non-com pliance on the part of offenders was fubject to preremptory and uncondi tional excommunication. Vide Can. " Qualiier venientes ad curiam de bent plena libertate gaudere." jLynd. Provinc. !Edit.Oa:o)!.p.91. gi. inv. tccnno?. iP. 81. gl. in V. Sccmii ruralis. Dr. Field of the Church, B. V. p. 507. Antiquities of Canterbury, Parti, p.176. Corifl . Synodal. Epifcopatus A.D. MCCCCLV. 378 personal JFunctlons. [Part IV. Conft. Othon. can. XXVI. cc.M.B.etH. Vol.1, p. 655. Confi. Othon. p. 63. Ed.O.TOn. Confi. Othon. Tit. XXV. p. 123, Edit, 0x071. which occaflons, at leaft, the warrant was often directed, committed, and entrufted to the execution of the Ueans : and they, as a part of their office, ei1;her executed the fame themfelves, or elfe caufed it to be executed by their apparitors, fervants, beadles, or meffengers" — "per fe, aut certos fuos nuncios et fideles." But there feems no reafon for the antiquary's reftriction of Uecanal inter- pofltion to fuch cafes alone. Indeed, thefe officers were general minifters of citation in confequence of the mal practices of others difqualifying them for the truft. Letters of fummons, it appears from the twenty-fixth conftitution of Otho, had been previoufly executed, " at the inftigation of the promoters of them, in a way irioft crafty and nefarious;" — "A multis accepimus," fays the deacon cardinal, " quod citatorias literas impetrantes, eas ad locum, in quo morari dicitur, qui citatur, per tres defii- nant garciones, quas fuper altare loci ejufdem ecclefice, vel ibidem in loco alio duo ponunt, et tertius fiatlm rapit. Ex quo fit ut duobus pofimodUm tefiificantihus, qubd ilium citaverint, juxta morem et corfuetudinem regionis, excom- municatur vel fufipenditur, ut contumax, qui contumadee prorsiis utpote citationis nefcius vel expers erat." — To guard againft fuch abufes in future, the minifterial part of the citatory procefs was changed by the legate, and the mandates ordered to be always ferved by an officer of the fpiritual court (on the perfon, if he could be found, or, otherwife, by publication in the church), or, at leafi, directed to the rural Uean of the Ueanrji, for faithful exe cution by himfelf or deputies. Thirty years afterwards {A.D. mcclxviii.), the fame conftitution was conflrmed by Cardinal Othobon; — with the addition, that, unlefs a return were made by the rural Uean, or other definite Sect. IX.] ©itation anU ©ertification. 379 perfon (" arbitrio demandantis," glofs.) of the due execu tion of the summons, no puniffiment ffiould be inflicted for difobedience of the injunction. Scarce, however, had the Ueans been appointed to the office of receiving and tranfmitting letters of citation and \ certificate, than fome of them began to abufe their truft ; \ as appears from Archbiffiop Peckham's twelfth conftitu tion of Lambeth, De certification^hus faciendis : — " Quidam cc. m. b. et h. ruralium Uecanorum in citationihns faciendis, contra com- ""¦p-^- munem juris ordinem de lucif eriand verfutid merito diffa- mantur, qui viz. certificationem fubdolam vendunt pro pecunid filiis falfitatis, nulld citatione ad notitiam citati ante certiflcationem hujufmodi, vel pofi eam aliquatenus \ veniente, undd frequenter evenit, ut innocens damnetur." \ For the prevention of which detailed knavery, it is : johnfon-s ec- ordered, that no return or certificatory be granted^, under the feal of a Uean rural, to any applicant whatever, till it has been publickly read "intra mi fiarum folenniaf on Sunday or other feftival, in the church where the cited party dwells if'fovet larem "), or for the moft part reforts : — -{f Ut per hoc confiare pofiit" fays Lyndwood, " qubd Uecanus apponens figillum non efi in dolo velfraude, figillando forsan fictum vel falfum certiflcatorium.") — Moreover, that the cited have fufficient time allowed him to make his appearance at the place and day appointed : clef. Laws, MCCLXXXI. cc.M.B.etH. Vol. II. p. 57. Provincial. L.II. Tit.i. p.81. (') In Oughton's Orda Judiciorum, Tit. xxvi. " Quid fit certificato- Vol. l p. 51. rium authenticum," it is noted . . . . " Quod in omni certificatorio au- j thentico" according to the practice of the Court of Arches, " archidia- i conus, offidalis, commiffarius, vel UecanuS ruraliS (qui dicto certificatorio j figillum officii fill appofuit) teflificari debet, fe figillum hujufimodi appo-\ fuiffe, ad fpecialem, feu perfonalem requifitionem mandatarii ; alias \ non valet hujufinodi certificatorium, nee dicitur authenticum." 380 ^^ersonal iFunctions. [Part IV. Pi'ovineial. L. n. T. I. p. 85. gl. in V. bccani rutalc§. gt. in V. omm anno. cc.M.B.etH. Vol. II. p. 699. Provincial. L. II. T. I. de Judiciis, p. 91. ¦ — or, if the cafe will not admit of fuch delay, then that the certificatory be given in the church, or other public place, before witneffes, after citation previoufly made be fore witneffes alfo ; the time and place being noticed in the return; — and that no certificatory be granted, upon any plea whatever, before citation. To the ftrict obfer vance of all which regulations the Ueans were to be fworn annually at the epifcopal fynod — " Quid per eos potiils qudm per alios, qui habent figilla authentica, multce fiebant fraudesf fays Lyndwood : — and again, in explication of the annual repetition of the oath (fufficiently explained, one would think, in the limited duration of the Uean's tenancy of office, and the yearly recurrence of the dio cefan fynod), he fubjoins, with his wonted feverity and illiberality of inflnuation "Alias pofiqudm jurati efient, non oporteret hujufmodi juramentum requiri, nifi fiubefiet caufia fiufipicionis." If primary citations in caufes of correction (" citationes primaries, i. e. primd vice emanantes, Lynd. pro correctioni- hus delinquentium") iffued by biffiops and archdeacons, or their officials, were tranfmitted through any rector, vicar, or other parochial minift.er than^ the rural Uean, Strype's Annals of the Reforma tion, Vol. II. P.II. pp. 697-98. (') "Whereas, law hath plainly forbidden," fays Bifliop Freak of Norwich (J.D. mdlxxx.), "that procefs out of the court fliould be awarded to be ferved by the adverfe party, or any of his affignment, whereof we fee by daily experience the inconveniency ; for that the adverfary, keeping the procefs by him, will await fuch time and bufinefs of the party, that he cannot appear, and often fuch flender returns are made as bear no credit : it were greatly to the furtherance of juftice and indifferent dealing, all procefs fliould be directed to the UeanS rural or SuperintenUcntS in their feveral Ueanries, by their officers to be executed, and returned authentically, according to law. Whereby the fubject fliall have no caufe of grief; and juftice better may be executed." Sect. IX.] ©itation anU ©ertificatlon. 381 official, apparitor, or fervant, it was deemed uncanonical; — the delinquents fo cited were abfolved from obedience ; and the citations, with the cenfures and proceffes confe quent upon them, were "ipfio jure" null and void. Examples of the employment of Ueans rural, as fium- moners to fuperior courts=®5ristian, abound in our ancient hiftories of the thirteenth and fourteenth centuries. In the Chronica W. Thorn, A.D. mccc, the reader will flnd an ordination of rural Ueanries by Thomas Fyndon, abbot of St. Auguftine ; and, the following year, a procefs car ried on againft Peter de Mildeftede, vicar of Faverffiam, in which the rural Uean of Lenham, the laft on the lift of the abbot's fore-appointed Uecanates, is employed by his commlffary to cite the delinquent vicar (previoufly de clared contumacious, and fufpended ab ingrefiu ecclefice) " coram domino abbate vel ejus commiffario in ecclefid Sancti Auguftini Cant. S;c." Then follows the certificatorium of the Uean, which, as a curiofity, I tranfcribe, ftating the due execution of the mandate of citation : — " Venerandce difcretionis viro, commiffario venerabilis Patris Dd Gratid Abbatis Sancti Auguftini Cant, fiuus humilis et devotus Uecanus Ue HenSam obedientiam, reve rentiam, et honorem. Mandatum vefirum fufcepi in hcec verba ^c. Auctoritate cujus mandati prcefatum vicarium qubd compareat coram vobis dictis die et loco peremptorie citavi, didtur tamen vulgariter qubd efi abfiens et vagabun- dus. Et fie mandatum vefirum fecundum fui formam et effectum reverenter quatenus potui fum executus." The rebellious vicar ftill keeping aloof, in contempt of the court=®6rtsttan, Uean rural, commlffary, and abbot, he ^is declared fufpended and excommunicate, in his own church of Faverffiam, and throughout the Ueanrg of Scriptores x. col. 1976. Col. 1981, 1982, 1983. 382 personal iFutwtions. [Part IV. Papal Ufurpa tions, Tome III. p. 987. Hafted's Hifl. of Kent, Vol. II. p. 804. Lenham ; and the commlffary, at laft, denounces him an incorrigible excommunicate, deprived of all pre ferment. Prynne's Ufurpations afford a fecond hiftorical anec dote of dtation by Ueans rural. Being concerned in the applicatory part of all admonitions, fummonfes, returns, and cenfures of the church, and the whole of its difci pline, in country diftricts, being practically vefted in them and their apparitors, we may readily conceive that they were fometimes expofed to infult and injury from the unruly violators of the church's peace. Accordingly, we read in Prynne, " Qubd quidam malefactores et pads nofirce perturbatores Richardum C!hriftian Uecanum Roberti Archiepifcopi Cantuar. de Ofpringe per ipfum archiepifcopum ufque Sellinges miffum, ad quofdam cita tiones et alia, quce ei ratione officii fui fpiritualis incumbe- hantfadenda, apud prcedictam villam de Sellinges cepe runt, et ipfum verfus pofieriora equi illius retroverfum et caudam ejufdem equi in manu fud loco frceni tenentem equitare inhuman^ compulerunt; ipfum etiam fie equitan- tem per medium ejufdem villce de Sellinges cantibus et chords illudendo duxerunt, et pofiea caudam illam, et auriculas ac labia ejufdem equi ahfdderunt, et ipfum Ueca= num in lutum fordidum projecerunt, ipfiumque quo miniis officium fiuper fibi per prcefat. archiep. commifiis et injunc- tis exercere potuit impediverunt &c." For which affault, thus circumftantially fet forth, "the king directed his writ to the ffieriff, to make inquiry by inquifltion of a jury concerning it." Sect. X.] IDecanal Apparitors. 383 SECTION X. ISecanal Apparitors. O aid the Ueans in the execution of certain branches of their office, the church allowed them the ufe of bedels or apparitors — "iBecant rurales," fays Lyndwood, " in quibufdam par tibus habent jurifdictionem, et apparitores yew hedellos fibi intendentes." In reference to the biffiop, the Ueans them felves ftood in the capacity of fiummoners^ — "Quantum eft ad epifcopum, intelUgi poteft qubd ipfi Uecant funt ejus apparitores:" and in the fame relation to the Ueans, ftood their own perfonal officers, who were employed to cite the clergy to chapters, vfitations, and convocations, (for the mandates for the choice of convocation-clerks paffed through the hands of Ueans rural), and to execute (') "D'n's archiepifc. cffi,ciario fuo falutem. — Amaveatur apparitor (uipote fuhditis nofiris anerafus occafione queftus extorquendi) et cam- pleatur ejus officium per Uecanum ficut extitit hactenus obfervatum. Idem etiam UecanuS in fua de ceterotiecmatu fid fine qudvis injufid fievitia fiequeflrator, et fiuperfiuitas minifirorum indebita undique deleatur ne im- properia deinceps fiub inchoatis tediis abbrevient dies noflros Sec." In the capacity of epifcopal /ummoraers, UeanS rural were purpofed to have been commiffioned by our eccleliaftical-law reformers. They were to have made known the time of the epifcopal fynod to the rural clergy, in order to enfure their attendance at it— (a duty enrolled in our earlier pages under fiynodical duties)— " Singula quoque anno fynodus ab epi fcopo indicetur, curetque diem candictam omnibus pafioribus qui funt in agro per UccanoS rurifparfas indicari &c." Provinciate Jj.Y. T. xvu. gl. in V. bccanocum,p. 352. L.III. T.xxii. gl. in V. dun taxat, p. 226. Atterbury's Ar- chidiac. Charge, MDCCVIII. Somner's Antiq. of Canterbury, Parti. p.l76. ^iciRcaiStcWill. Wickwane Ebor. Not. £018. aibb. Kennett's Pa roch. Antiq. Vol. II. p. 351. Reformatio LL. Ecclef. cap. XX. p. 104. 384 personal ^Functions. [Part IV CC. M. B. et Vol.1, p. 671 A.D. MCCXL. H. CC.M.B.et Vol.1, p. 754, H. fummorfes and judicial writs from the court=®6risttan, on behalf and in place of their mafters. They were alfo fupervifors of manners, and bound to notify to their employers any immoralities, or breaches of church-difci- I pline, which occurred in their prefence, or reached them by information : and, as the principals were puniffiable by removal from office, if they accepted any pecuniary bribe for concealing, or too lightly pimiffiing, the crimes of offenders, fo alfo were the under officers fubject to the fevere correction of the biffiop's official for the like connivance and corruption. See Confi.W. de Cantilupo, Wigorn. Epifc. Can. " Qubd officiales vel Uecani ^c." By Archbiffiop Boniface's Lambeth conftitution {A.D. MccLXi.) De apparitorihus five bedelUs — certain regulations were eftabliffied to remedy the "gravamina et exceffus" refulting • from the abufe of apparitors " Cii'm pro faciendis executionihus, aut pro aliis necefiitatihus ad hofpitia rectorum, vicariorum, feu capeUanorum, vel aliorum facerdotum vel clericorum aut religioforum eos declinare contigerit, nihil omnino ratione procurationis vel alterius fervitii exigant ah eifdem, fed cum gratiarum actione reci pientes ea, quce eis ab hofpitihus apponentur, illis contenti ex fiant: neque per nundos aut fnhhedellos, fed per feipfios executiones faciant prceceptorum, &c." Moreover, they were not of themfelves to pafs fentences of excom munication, interdict, or fufpenfion; nor to denounce judgments paffed by others, without the fpecial letters of their principals. Such fentences, otherwife delivered by them, were not obligatory in law, and might be dif regarded with impunity. And laftly, inafmuch as it was the earneft deflre of the church to exonerate the clergy from illegal charges, if apparitors, in violation and Sect. X.] iiecanal Apparitors. 385 contempt of her reftrictive conftitutions, were ftill bur- denfome and expenflve in their vifltings, they were to be puniffied with feverity, and compelled to make double reftitution to the aggrieved party. Thefe rules, I have no doubt, extended to all appari tors. The Dublin fynod {A.D. mccxvii.), had paffed the fame, or nearly fo, long before ; expreffly reftricting archidiaconal and Uecanal bedels by name— ^"bedelli yew apparitores, archidiaconis nofiris vel Uecanis intendentes, &c." And, under pain of excommunication, the fame officers were inhibited to ride in the diocefe of Norwich — "Inhibemus fuh poena excommunicationis, ne bedelli archidiaconorum feu Uecanorum habeant equitaturas, fed pedites incedant, nefint onerofi provindce" — {A.D. mcclvii.) — though in the diocefe of Winchefter (in the larger Ueanries at leaft) they were allowed the aid of horfes for the more expeditious delivery of their mandates : — " Sit in quoUbet Uecanatu unicus duntaxat apparitor yzwe equo, exceptis diffufioribus Uccanatibus, in quibus permittimus apparitores eorum equites efie, cum non pofiiint pedites, cum celeritate debitd, omnia quce eis nos, vel offidalis nofier, aut archidiaconus, vel officiales eorum injunxerimus expe dire, &c." {A.D. MCCCVIII.) Biffiop Bleys of Worcefter {A.D. mccxix.) ordered that every apparitor attached to a Uean ffiould be, at leaft, of the order of acolyth — " Nullus Uecanus habeat appari torem nifi fuerit ille clericus, ad minus ordinatus in aco- litum." Notwithftanding the particularity of the cited limita tions, and the feverity of the penalties on difobedience, it feems, the apparitors contrived to evade them : — whence the neceffity of the fubfequent Extravagant of VOL. I. cc. M. B. et H. Vol.1, p. 551. Ejufd. p. 735. Ejufd. Vol. II. p. 299. Ejufd. Vol. I. p.571. Johnfon's Eccl. LL. in anno. 386 personal jFunctions. [Part IV. cc.M.B.etH. Vol.n. p. 700. Provincial.lj.lil. T.XXII. gliav. non equitem. Brown's Fafci culus Rerum, p. 366. Archbiffiop Stratford {A.D. mcccxlii.), reftricting the number to one foot-bedel in each Ueanrg {"tam fub archi- ^.diacono qudm Uecano," fays Lyndwood), without any ! horfeman ; the latter being granted to the biffiop alone. This walking apparitor is allowed, by the provincial conftitution of the archbiffiop, to remain only one night and day at the fame rectory or vicarage, in each quarter of the year, unlefs fpecially invited to ftay longer. He is forbidden to levy contributions of money, wool, lambs, or other perquifites, and is thankfully to receive what ever is freely prefented to him. Any excefs in retinue of apparitors is, ipfio facto, fufpenfion of the Uean from office, until he again reduce them to the canonical limit. And, on the apparitor's fide, any deviation from the ftrict letter of the law, either in being himfelf of the number fo augmented, or in the mode of adminiftering the perfonal duties of his office, is immediate depofition, ipfio facto, and perpetual incapacity to refume the appa ritorial functions ^. (') Great as were the faults and numerous the tranfgreffions of the officers of the rural Ueans of England, they are quite eclipfed by thofe of I foreign official underlings. The character of the officials of arcJprieStS ! is thus given in the " Gravamina centum GermaniccB Natianis : " — j " LV. ArcJipreSigterorum quoque officiales, ut plurimum funt indocti, I inhabiles, infuper etficurrilibus moribus, nihil penfi habentes, nihil aventes I quam pecuniam. Et quam notorie in publicis degant peccatis ac faci- naribus, quotidiana difcitur ufiu, per quad laid, quos ob admiffa, debito modo corripere, ac in pietate Chrifiiand eruditiores et meliores reddere debebant, nedttm ad meliorem frugem non perducurdur, fed offendiculis onerantur potius. Ad hcec per leves ac viles has cfficialium perfonas, in quorum confcientiis, nulla Chriftiance pietatis viget ratio, fed tanti/m fceleratus habendi amor, laici mifere ad vivum ufque in bonis fuis fpoli- antur, ac deprcsdantur," &c. "The Sect. X.] Uecanal Slpparitors. 387 Subject to thefe regulations, the Uean rural continued to employ this fervant ^ till the period of the Reforma tion; when the latter entirely difappeared, and the former preferved little more than a nominal exiftence— ' " the cipher of a function." The Canons of mdlxxi. ; sparroWs coi- , ¦ ] lection, -pf. 21, continue the Uean rural, but fay nothing of his apparitor. , and 48. Nor, in the Conftitutions Ecclefiafiical of mdxcvii., or thofe ; of mdciii., does the latter any more appear ; — unlefs, eibfon-s codex perchance, he be included among the fummoners of xuu. cap.vii. " inferior ordinaries " there mentioned. But the abortive Reformatio Legum Ecclefiafiicarum of Henry VIII. and i Edward VI., when reftoring arcftpresbnters, or Ueans rural, '/'«3ti;cr)ipw§6t)t. . ' O -^r e 5 7 five XiKan. mm. to their full powers and ufefulnefs, would alfo have |tstllum officii Uecant Ue 23."; of! which we have examples, feverally, in Hafted's Kent, \ Kennett's Parochial Antiquities, Lewis on Seals, and i Thome's Chronica. All, however, of what duration foever their tenure of gc.M.B.etn. office, were commanded to be careful of the cuftody of their refpective yea/s; and either to keep them faithfully under their perfonal charge and jurifdiction, or to dele gate them to fafe and fworn guardians ; — neither them felves affixing them, nor by their appointed reprefenta tives, to any document whereby prejudice might poffibly accrue to another perfon, without due circumfpection and inquiry; — 'never refuflng them to rightful andnecef- fitous applicants ; but peremptorily and unconditionally denying them to falfaries and forgers. Laftly, the legate Otho enjoined, that the proper date of the day, month, year^and place, ffiould be inferted at the beginning, or clofe, of every fuch authentically fealed document. Thus guarded by canonical enactment againft the male-adminiftration of Ids feal, either perfonally or vica rioufly, the rural Uean ratifled with it his Certificatoria already fpoken of {letters of refponfie certifying the receipt and delivery of mandates of citation) — his Procuratoria (infiruments hy which proctors were delegated reprefenta tives in caufes ecclefiafiical, or courts-^firistian) — Inquifi tiones dejure patronatus, and ©apitular Adjudications gene- J. de Athon. gt in V. ex quo pojjit, p. 69. See Onghton's Ordo Judicio rum, Vol. I. Tit. XXVI. p. 51. & Tit. XLVIII. p. 81. 392 personal ^Functions. [Part IV. Conji. D. Othon. Quie literee &c. gl. in V. minori bus clericis, p. 66. rally — Tefiamentary papers, and Letters of adminifiration, Valores beneficiorum, Taxations, Tefiimonials for orders. Inductions of clerks, Marriage-hanns, and all other acts and documents, which, formally and in writing, were heretofore occafionally tranfmitted through the Uecanal office; or to the execution of which, whether of a public or of a private nature, the Uean was an official party, attefting authoritatively with his fignet their genuinenefs and authenticity. The caufe of all this wary legiflation, canon upon canon, was this : — Before the arrival of Cardinal Otho in England, as legate a latere from Gregory IX., the ufe of authentic feals had been groffly mifapplied, in reference to fome of the purpofes for which they had been infti tuted, not only by the " minores clerici " (" quales funt officiales et Uecani rurales," J. de A.), but alfo by fuperior prelates; (in one or other of which claffes, our Ueans are affuredly to be included, as having figilla authentica; — though Johnfon objects to the interpretation of the gloffographer) — and thence the need of an amended code to check abufes wont to arife "per infolertiam." But to a few of the purpofes (whether ufes or abufes) to which the ruri-Uecanal fignet was applied ; — and firft, of Certificatoria : — On the twenty-flxth conftitution De citationibus fad- endis, what has already been faid under the head of cita^ tory procefies and certificates renders farther extracts on thofe branches of duty unneceffary. But the other canon referred to, viz. the twenty-feventh, demands the introduction of a few words bearing on our rural figils. It is headed — " Quce literce falfce dicuntur, et poena eorum qui eis uti prcefumunt:" — and after a brief preface, the Sect. XL] ^utjentlc Seal. 393 cardinal writes . . . . " Confiduntur, ut audivimus, literce, ac fignantur non tantiim a minoribus clerids, veriim etiam a prcelatis, in quibus manifefii cavetur aliquem contraxiffe, contractui vel negotio affuifie, vel extitifie aliquem ad judi cium evocatum, vel fibi citatorias literas prcefientatas, qui tamen nunquam prcefens fuerat, vel inventus, immb forfdn in alia provincia vel dioecefi tilnc degebat, &c." — conclu ding with a plain ftatement, that all fuch perfons are guilty of forgery, and liable to its penalty of fufpenfion from office and beneflce. With regard to Procuratoria — rural Ueans attefted with feal and fignature letters procuratory : — 'wherein, again, they feem to have incurred blame, either as the dupes of fraudulent and deflgning men, and poffibly unwittingly offenders, or elfe as privy to their nefarious practices, and ffiaring in their guilt and gain ;. — which is more than inflnuated by the " data mercede iniquitatis," noticed as the condition of the Ueans' compliance, by Archbiffiop Peckham, in his Lambeth conftitution, De falfis procura- toriis non fignandis {A.D. mcclxxxi.) — where the crime alleged againft them is that of attaching their yeafe to fictitious documents, at the price of a bribe. But it does not appear that they had any thing to do with the abufes in thefe matters of earlier date ; when Otho, in his twenty-fifth conftitution, De officio procura- torum, complained of the appointment of proctors without letters at all, or with letters not ratified by any authentic fieal. Indeed, they could not have been then culpable ; for it was only in confequence of their fignets coming more into ufe, on the paffing of that legatine canon, that male-adminiftration in attefting proxies, on their part, enfued. cc.M.B.etH. Vol. I. p. 565. CC. M. B. elH. Vol. II. p. 57. 394 Personal JFunctions. [Part IV. Johnfon's Eccl. Laws, can. XIII. MCCLXXXI. cc.M.B.etH. Vol. n. p. 57. Johnfon's Eccl. Laws, can.xin. MCCLXXXI. In Peckham's days^ however, the procuratorial abufes are more or lefs connected with them; as the circum ftances, fo prominently brought forward by the arch biffiop in the cited canon, plainly ffiew. " Some crafty villain longing after the beneflce of an abfent incumbent, feigns his citation before an ecclefiaftic judge, and the appointment of himfelf as his proctor. Then procuring the abfentee to be cited, in order to defend his caufe in court, he ffiews the forged proxy to fome Uean, and fays, ' Quia figillum meum paucis efi cognitum, peto ut flgillum auctoritatis veftree meo procuratorio apponatis' ; and by the wages of unrighteoufnefs he obtains his requeft. By virtue of this falfe proxy, fo obtained, he engages in fuit with another, who feigns himfelf his adverfary, and carries on the fraud, till at laft he gets poffeffion by fentence of court; while the true owner, whofe eftate is fubverted, knows nothing of the matter." To put an end to "fuch deteftable frauds," the canon forbids the Uean " to affix his feal to any procuratorial inftrument, unlefs it be publicly affied in open court, (or out of court, when he that conftitutes the proctor, and is known to be in truth the principal party, perfonally requefts it) that fo all fraud may be excluded." The penalty for tranfgreffion on the Uean's part is three years' fufpenflon from office and benefice. It were eafy to^ adduce examples of the employment of the ruri-Uecanal yea? for the other purpofes enumerated at p. 391, both capitular and perfional; but it is unne ceffary. Let the following brief remarks fuffice : in addition to which, a few incidental notices of the appli cation of the fignet to public and private ufes will appear in the fequel. Sect. XI.] autl&entic 5eal. 395 As valuators under the Norwich Taxation (J.D.mccliv.) the Ueans rural of England are charged in the ILtteree lExecutortEe of the papal collector to make juft efiimations in writing of all ecclefiaftical beneflces within their re fpective Ueanries, a,nd to fieal the fame with their official fignets. From the acknowledged authenticity and notoriety of the ttetanal fignet, donations of lands, and fuch like gifts to eccleflaftic and charitable purpofes, and deeds of conveyance of a private nature, (when a private fial was either wholly unknown, or not well known, or the party's quality or condition mean and obfcure) were cuftomarily ratifled by the Uean rural's /ea/. The Rev. J. Wallis of Bodmin records that a deed of 17 Edward III. {A.D. mcccxliii.) has recently been difco vered by him, in which is the following claufe : — " Et quod figilla noftra ^w^ iwco^mto figillum Uecani de Eaft- wenelffiire prefientibus apponi procur avimus." The fieal itfelf, I regret to fay, has been detached from the deed, and loft. In copying the will of Sir Geoffrey Lutterell {AD. mcccxlv.) Mr. Regiftrar Swan of Lincoln informs me he found a direction to the following effect, that, "as my feal may not be fufficiently known, I have caufed the feal of office of the Dean of Bettiflowe to be. affixed ; " and Mr. Swan adds, it muft have been the rurt-Uecanal seal. Again — " If the parties thought it for more fecurity, and a better conflrmation of what they did," fays Mr. Lewis, " they would fometimes ufe both their own feal and fome other feal that was better known ; which, in this cafe too, was commonly the feal of fome public See 3tppml)i;f, Lincoln Docu ments, No.vm. Britifh Maga zine', May 1843, p. 350. Lewis On the Antiquity and Vfe of Seals in England, p. 27. 396 Pmonal jFunctiong. IPart IV. Ducang. Gloff. Tom. III. P. II. col. 261. in voce. SigillumPenfile : ex Th. Blount in Nomolex, Conji. Bom. Othonis de Si- gillis &c. gl. in voce, el fine moleftid, p. 69. office, as of a rural Ueanerg, officiality, &c., with an attefta tion of the officer that it was his yeaZ of office. It was not unufual, moreover, for the figil of a Uecanate to be applied authoritatively and alone, as a voucher of the truth of any important matter of fact, fuch as the lofs of a private fieal. The publication of John de Grefley of Drakelow, in the county of Derby, of the lofs of his fignet, is fo fupported: — " Notum fit omnibus Chrifiianis, qubd ego J. de G. non hahui potefiatem figilli md per unum annum integrum ultimo prceteritum, jam notifico, in bond memorid et fiand mente, qubd fcripta flgillo meo contradico et denego in omnibus a tempore prcedicta ufique in diem refiaurationis flgilli prcedicti. In cujus rei tefiimonium figillum Uecanatus de Repingdon appofui." But, whatever the powers of the Uecanaiyea?, however ufed or abufed in application, at the end of one ffiort year, (unlefs the holder of the figil enjoyed perpetuity of office) all were to be furrendered, with the authentic inftrument itfelf, to the charge of a new Uean, or of the nominee of the biffiop, or archdeacon, appointed to receive the fame. Such was the command of the Car dinal Legate, from whofe Confiitutions we have already fo largely quoted; but whether an innovation upon antiquity, or not, does not appear. By the Ueans them felves it was probably deemed fo, inafmuch as they per- fevered, fpite of Otho and his canonical inhibitions, in retaining their yeafe and ftations ; and for their obftinate attachment to office are roughly handled by John de Athon, with his wonted bitternefs of comment. "Hoc tamen " (fays he, in reference to the annual reflgnation of feals) "male obfiervant quidam officiales et Uecant rurales, qui impinguati et craffati extorfionibus, immb et de fianguinibus Sect. XI.] autj&entic Seal. 397 pauperum hujufmodi offida nimium zelantes, ea contra volun- tates et prcecepta fiuorum fuperiorum occupare contendunt, intendentes vere derivationem &c." And yet, how were the faid mercenary Ueans to get thus fat under the fulleft enjoyment of their figils, fo pertlnacioufly retained, as is gloffed, from felfiffi motives? They affixed them, be it remembered, in England, at all times, without fee or reward. The canon writes " De fadliprcebeatur:" and the gloffographer explains, "Abf que morofid retardatione, et abfque gravi examinatione, vel exactione pecunice pro flgillatione feu infinuatione, quce gratis dejure communi fieri debet." So that they could demand no fee. Whereas the archdeacons and their officials, to whom the rights and powers of the Uecanal feal afterwards devolved, with almoft all its pertinent jurifdiction, (the Uecanal, as it were, merging in the archidiaconal fignet) pretended that " moderata exactio pro hujufmodi modernis temporibus non prohihetur ^." The conftitution of the office, as far as the employ ment of the yea/ is concerned, admitted not of diffioneft exaction on the part of Ueans rural ; nor does it appear that in England thefe officers merited in general the character beftowed on them by Otho's commentator. On the continent, however, we cannot exonerate them ( ' ) And certainly, if vi^e may believe Giraldus de Barri, touching' archi diaconal rapacity in thofe days (for, at prefent, archdeacons are the worft- remunerated functionaries of our whole ecclefiaftical regime), the public were not likely to have their burdens lightened by the devolution : — " Adeo enim," fays he, " lioc officium prce, cceteris in ecclefid rapacitati datum eft, ut archidiaconi nomen tanquam. archidiaboli cum horrare quodam, a'wribus infionet audientium. Sicut enim ille raptor animarum, fie ¦ifle raptor pecuniarum." Conft. Dom. Othonis de Si- gillis &c. gl. in v. defacili, p. 69. Girald. Cam brenf. Gemm. Ecclef. Dift. II. cap. XXXIII. apud Wh. Ken nett in Paroch. Antiq. Vol. II. 398 i^ersonal ^Functions. [Part IV. ^S.CC. T.XIV. col. 715. can. n. Stat. Synod. Eccl. Camerac. Thef. Script. Vet. Tom.vii. c.l 340. Stat. Synod. Epifc. Attrebat. A.D. MCCCCLV. from the guilt of rapacity. The councils of Poictiers {A.D. MCCLXXX.), and Saumur {A.D. mccxciv.) charge them with a love of filthy lucre, and greater regard to their own advantages than to the interefts of their fubject churches. The allegations of the firft fynod againft them ftate the improper ufe of the Uecanal yea? from motives of felf-intereft : and thofe of the latter are yet more criminatory ; charging them with inflicting pecuniary, inftead of canonical puniffiments, for the graveft flns, "pro adulterio, fornicatione, inceftu, et aliis excefiihus, in quibus difpenfare non poffunt, a clericis et Idids poenam pecuniariam contra canonum prohihitionem exigunt et extorquent ;" — and farther, with fending their fcouts about the country to affix their feals to unexamined documents; — fuch, that is, as had never come under the cognifance of the principals. That the Uean's private neceffities might not render him thus extortionate and unjuft, the biffiop of Cambray granted him a moderate reward for the labours of the fignet; but it was not to be exceeded: — "Inhibemus Uecanfs nofiris ®5rtsttanitatts ne pro figilloywi Uecanatus quihufque Uteris apponendo, ultra fex denarios Turonenfes fortis monetce redpiant." Prom the fame prelate the Uean alfo received three Turonefe ffiillings for publiffiing banns, and granting letters tefiimonial under his yea? — {Titulo de Matrimonio.) Within the diocefe of Arras alfo a fmall payment was allowed by the fynod of mcccclv. — "Becant GCfiristfanitatis pro fuis figillis quibufcunque Uteris apponendis ultra tres denarios non recipiant, nifi pro fiuis Uteris teftimonialibus et matrimonialihus faciendis, quo cafu, pro eifdem Uteris poffunt redpere duos folidos, et non ultra." Skct. XL] autj6entic 5eal. 399 The notices of the Uean rural'syea? in foreign councils are not very numerous. The use -of public notaries for authenticating documents fuperfeded the neceffity of authentic feals on the continent : as the want of fuch offi cers in England, according to Matthew Paris, occasioned the introduction of official fignets, to supply their place. The Prcecepta Antiqua Dioecefis Rotomagenfis {A.D. mccxiv. mccxxxv. mccxlv. mcclxxv.) — a Canon of the fynod of Poictiers (the fame I have before referred to) and a Synodal Confiitution of the biffiopric of Coutances {A.D. MCCCLXXV.), an extract from Father Rouviere's Reomaus, and another from the records of the Lutheran Church in Ruffia, alone appear in my note book. The Rouen diocefan decree (.^.D. mccxiv.) prohibits Ueans rural to exact any thing " ratione figilli projufiitid fimplici fadendd, vel pro exhihenda, vel accelerandd &c." A fecond of the fame fee (^.D. mccxxxv.) enacts, "Ciim aliquid mandahitur Uecanis, fi alias commodd certificare curiam non poterunt, apponant figilla ywa Uteris curice, in fignum quad mandatum curice executioni demandarunt." A third {A.D. mccxlv.) charges the Ueans to enjoin the presbyters, "Ne de ccetero figilla ^w« tradant fuis clerids deferenda, et qubd nihil flgillant donic diligenth viderint quod mandatur; nee prius flgillent donee mandatum quod eis injungitur, diUgenter fuerit executum." " Item prce- cipitur fuh gravifiimd poena, ne aUquis figillet aliquem fe excommunicdffie de mandato curice, donee public^ priiis eum excommunicaverit, vel nifi poft figillationem incontinenti eum pmhlicaverit excommunicatum." A fourth (./4.Z). mcclxxv.) extends both thefe canons to the ufe of the iiean%' feals by themfelves perfonally. The Poictier's canon {A.D. mcclxxx.) is a curious one : cc. liotomag. Prow. P.I. p. 124. SS. cc. Tom. XIII. col. 1350. CC. Rotomag. Prov. P. II. p. 78. Ejufd. p. 83. 400 personal ^Functions. [Part IV. ss. cc. Tom. XIV. col. 718. Synod. Conftant. CC. Rotomag. Prov. P. II. p. 565. p. 641. it is entitled, De fervientibus Judceis et ufurariis; and forbids Ueans rural to affix their feals to Jewiffi con tracts: — "Difirictius inhibemus, ne Uecant rurales, arcjbi- presbstert, et alii fubditi noftri, fiuper contractibus Judceorum, obligationilms, fieu conventionihus, ad commodum eorum initis, literas figillare, vel eas ficrihere, vel auctoritatem impetiri prcefumant." Prom which it may be inferred, that they were allowed to authenticate private contracts and con ventions entered into by Chriftians, and to affix their feals ofoffice to them in Prance, as they were in England. Examples of the latter have been already adduced from Mr. Lewis's very rare tract On the Antiquity and Ufe of Seals in England. The fynod of Coutances {A.D. mccclxxv.) merely or ders, " Qubd qucelibet parochialis ecclefia figillum habeat pro exequendis Uteris judicum, &c. et figilliferis Confian- tienfi et Valonenfi infra tres menfies afferant ipfa figilla; et cum hoc Uecanf xrxxalesfua figilla." Purther evidence of ruri=Uecanal fignets in Prance are met with in Pather Rouviere's Reomaus before quoted : " De Sigillis Roberti Lingonenfls Epifcopi, et Thirrici ilecani Reomaenfis — A.D. mccxl." — " Thirricus Reoma enfis Uecanus, aliique ante et pofi ipfum non foliim hujus, fed aliarum etiam ecclefiarum Uecani rurales flgillo ufi fiunt, ut reprefientat hoc Tabularium Reomaenfe, cui imago inefi presbyteri facerdotali vefiitu ad altare, cui crehro facer calix efi impofitas, celebrantis. Limhus Uecanf et ecclefice ipfius nomen prcefert. Sed illud habet Uetanus Reomaenfls pecu- liare, qubd in fecreto lilium Prancicum gefiet, quod regice fundationis, ut opinor, argumentum fuit." Prom the men tion here made of thefecretum or contrafigillum, we may infer that fome Ueans rural, at leaft, had privy-feals. Sect. XI.] autj&entic 5eal. 401 The Probsts of the Lutheran Church in Ruffia are accuftomed to fieal their letters of church-buflnefs with the fieal of their church : and the letters and packages, fo fealed, are forwarded poftage-free. It now only remains for me to direct the reader's attention to fuch particular authentic figils of Ueans rural as have been defcribed by antiquaries ; and to exhibit accurate delineations of fuch fpecimens as my refearches have brought to light. In the Archceologia, Vol. v. — xxxvi. p. 346, there is a paper by Dr. Pegge, entitled, " The quefiion dfcuffed con cerning the appearance of the matrices of fo many conven tual feals ;" — in which he notices, incidentally, the fieals of rural Ueanries, officialities &c., ftating them to have been "ambulatory things, paffing from one perfon to another, and therefore not numerous." But, at page 353, he fays, "Several rural Ueans' yeafe are extant;" and, doubtlefs, then they were, or fo faithful an antiquary had not fo reported. But what has fince become of them, we know not: the ftores of the Britiffi Mufeum, the Antiquarian Society, and the Bodleian, have been in vain fearched for a fingle matrix, or even an impreffion. — Pew are defcribed by authors, and yet fewer engraven. "The feals ofoffice of ecclefiaftical perfons or offices, as of bifhops, rural Ueans, chancellors, officials, &c.," fays Mr. Lewis, " were ufually oblong or oval ; but their privy feals were round." Whether this diftinction held good with regard to ttetmal fignets, or whether rural arcfipres- fcgters commonly ufed contre or privy feals, is, I think. VOL. I. See H.D.R. Vol. II. Append. Ruffian Docu ments. ArchcBologia, Vol. V. p. 347. of the Antiquity and Ufe of Seals inEnglandfTp.ld. 402 personal ^IFunctions. [Part IV. Antiquities of Canterbury, Parti, p. 17 7. fomewhat doubtful. The only feals of thefe officers known to me are oval ; — which I proceed to notice. " The fieal of the Uean of ©firfstfanftg of the city of Canterbury," Mr. Somner obferves, "being authentical, he had a hand in many exemplifications ; in fome join ing with other ; in other, alone by himfelf. Of which I have feen, of each fort, not a few. Wherein, efpecially in thofe of the elder fort, he writes and ftyles himfelf, 3®ecanus ^ftristianitatis ®ant." The imprefs of this fignet I have never feen ; but others of rural Ueanrtes of the diocefe of Canterbury are fubjoined; — two of them bear ing a very favourite emblem of ecclefiaftical feals ; viz. the Virgin Mother and the Infant Jefus — the church of the place, which gives its name to the Ueanrg, being, in all fuch cafes, dedicated to St. Mary. On the yea? of the rural Ueanrg of Sutton Valance, the Virgin Mary is reprefented on a richly-canopied throne, with a crown upon her head, and a glory encircling it ; in her right hand, the Infant with a fimilar glory ; and in her left, a fceptre. — ^The infcriptlon, ^igillu Uecano Ueca natus Ue Sbutten Falans. An impreffion of this fieal was Sect. XI.] ^utfientic Seal. 403 kindly forwarded to me by the dean of Norwich, from the collection of his friend Dr. Sutton. In Mr. Lewis's plate of Seals, prefixed to his work On the Antiquity and life of Seals in England, we have (fig. 3.) an engraving of the yia? of the Ueanrg of Dover. The imprefs is the reprefentation of the Virgin Mary, to whom the church of Dover is dedicated, crowned, with the Infant Saviour in her arms. . . . The legend or in fcriptlon — giigill. Uecanatg Ue IBouer. Not muchunlike is the fieal belonging to the Ueanrg of Ofpringe in Kent, which has on it the Virgin Mary Introduriion, p. 5. Hiftory of Kent, Vol. IL p. 805. .Jacob's Hifiory of Faverfham., p. 1 6. pi. 2. f. 3. and p. 51, note. Archoiologia,Vol. v.— XXXVI. p. 347. 404 i^ersonal ^Functions. [Part IV. Parochial Anti' quities, Vol.n. p. 336. crowned, with a fceptre in her left hand ; and the Infant, with a glory round his head, in her right ; and round the margin, ^i^iWn Uecanf Uecanatus Ue ©spreng. The matrix of this fieal, Mr. Jacob informs us, was found at Wye in the county of Kent ; and, Dr. Pegge fays, was in the poffeffion of the Rev. Edward Taylor of Bifrons {A.D. MDccLxxviii). It is probably. Dr. Sutton thinks, at the prefent time, in the archives of St. John's College, Cambridge — a point which I have had no opportunity of afcertaining, but which others, with greater facilities of reference, may follow up. " The Uean of Burcefter," fays the antiquarian hifto rian of that place and Ambrofden &c., " had a fieal of his office, which was found among the ruins of the adjoining fort of Allchefter, of which a double impref- flon in wax is to be found before and after the manu fcript Hifiory of Allchefier, of which ^ the flgure is a pelican ftanding on a font, or othei- pedeftal, opening her breaft with her bill, and feeding a brood of young ones with her own blood; as tradition goes of that indulgent bird : the form of the feal (agreeable with the moft ancient) is oblong oval ; and round the mar gin, nigh the extremity of the circumference, is this C) This imprefs the Editor believes to have been not unufual on eccleflaftic fieals. He has one of the officiality of Dorfet, from the late Craven Ord's Collection, bearing the like imprefs, with Sigtllum Offi cialitatis IBorSetie as its legend. It is an effigy which is frequently found on fonts and other church furniture. On the top of a magnificent oak canopy to a font in North Walfham Church, Norfolk, there is a beautiful pelican: and the brafs reading-deik defcribed in Britton's Norwich Cathedral as an eagle, is undoubtedly, Mr. J. A. Repton fays, a pelican. Sect. XL] ^utj&cntic Seal. 405 infcriptlon, ^. Becanf 33erencestrfe. Under the imprefs the author of the faid manufcript has put this note : ' The infcriptlon of this feal is, figillum iHecanf SEerencestrie, ffiewing it to be the feal of the Uean of Burceft.er ; but whether rural or catlieUral I know not ; only it was found at Allchefter within mentioned.' Burcefter moft cer tainly had never any catJbeUral dignity, but is ftill the head of a rural Ueanerg." This feal I cannot difcover, after affiduous fearch, to have been ever publiffied ; though it would appear, from | a letter of White Kennett's, dated Edmund Hall, July 7, j MDcxciv., and addreffed to the Rev. Mr. Blackwell, rector of Brampton in Northamptonffiire, to have been his in tention to have had it engraven. Por he writes : " The flgure of the church of Burcefter, and the feal of that Ueanerg, muft be infcribed to you, becaufe of your late relation to that place, though I am very tender of putting you to any expence in thefe hard times." — The qualms here alluded to, I fear, deterred the parochial antiquary from eventually calling on his friend for the needful out lay. The church appears without the feal. And I have in vain endeavoured to recover either the matrix, or the imprefiion attached to the jJWiS. hiftory referred to. They are not to be met with in London or Oxford. Poffibly, Dr. Bandinel informs me, the iHs. hiftory, with the double impreffion of theyea?, may be at Peterborough ; as Kennett, in mdccxii. (then Uean of Peterborough), gave to that cathedral a large collection of iWss., in which it may have been included. I have attempted in vain to afcertain the fact. All the rural Ueanries of the diocefe of Norfolk, Mr. Blomefleld tells us, had peculiar feals appropriated to Parochial Anti quities, Vol. II. p.55. Hift. of Norfolk, Vol.1, p. ^ 7 3. Vol. II. p. 52. 406 ^Personal iFunttions. [Part IV. Hift. of Norfolk, Vol. n. p. 227. See Vol. VII. p. 363. & TMle 8. Vol. HI. pi. p. 1. fig. 156. See Vol. IV. p. 572. them. Several of them he had feen ; but had never met with that of the large and important Ueanrg of Rockland- Toft, nor with that of Thetford. It is much to be regretted, that, of the many he had feen, he has defcribed only two, viz. thofe of Pincham and Norwich, and has engraved only the latter. " I have now by me," fays the hiftorian, " the probate of the will of Thomas Wefthowe of Boketon, at Downham in Nor folk, dated the fixteenth of Dec. mccccxiii., proved by Hugh Birdham, Uean of Pincham ; to which is affixed an oblong fieal of red wax ; the imprefs, a bird, probably a finch, on a tree, and a ftar in chief; and this legend, Sifstnuw Uecanatus Ue jpgncfiam, expreffing both his own, and his Ueanerg's name, in that device." Mr. Blomefield has given a lift of the Ueans of Pincham from the year MccL., to the year mdxviii., but no impreffion of their fiigil. In the third volume of the fame work, on a plate facing p. 1. fig. 163. is an engraving of the fieal of the rural U,ean of the city of Norwich, with this infcriptlon, s'. oaoANi .NORWiai . AD . QAVSAS.^ Tffis Ucaurg, which was (') This fial, Mr. J. A. Repton thinks, is of early date ;- of leaves being fomewhat fimilar to the late Normans. -the ornament r Sect. XI.] atitj&entic Seal. 407 inftituted A.D. mccxvi.,^ (earlier. Dr. Sutton thinks, than any other in Norfolk) was perpetually united, A.D. mcccxxix., to the contiguous Ueanrg of Taverham. The laft collation to it appears to have been A.D. mdxix. A lift of the Ueans is given by Blomefleld, from the year MCCXVI. to the year mdxix. The Ueanrg of Hingham in Norfolk, like the other rural Ueanries alluded to, had its peculiar yea/!; which, by the kindnefs of Dr. Sutton, (at the folicitation of the Hon. and very Rev. the Dean of Norwich,) I am enabled to lay before my readers. Its imprefs is curious — pro bably intended to reprefent Saint Andrew's crofs — the faint to whom the church of Hengham was dedicated ? The legend, SbfgHu . Ueconatus : Ue . ?^eng6nm . Mr. j Blomefield gives a lift of the Ueans of Hingham or Hensham, as it is called in the Taxation of Pope '¦ TaxaUo Eccief '^ „ , , ,, P.Nicliolai,p.85. Nicholas, from the year mcccvii. to the year mcccclxvii. The laft rurf-Uecanal feal of the diocefe of Norwich I have to defcribe, is that of the Ueanrg of Breccles ; the (') Thouo-h inftituted at this date perhaps. Dr. Sutton difcovers from the diocefan records that the Oeanrg of Norwich was not collated to till A.D. MCCCXXIX. 408 i^ersonal iFunctions. [Part IV. TaxaUo Ecclef.] P.Nicholai.p.S'S.! collations to which commence in the year mcccxx.,- and clofe in the year mcccclxvi. Blomefield has not noticed this feal, or the preceding. Its appearance here is owing ¦'X to the friendly exertions of Dr. Pellew, in illuftration of my refearches. The effigy upon the feal is the head of Saint John the Baptift ; to whom, in all likelihood, the church of Breccles is dedicated. The infcriptlon is, ^fgfllum Uecanat Ue 23recclgs. In the Taxatio Ecclefiafiica of Pope Nicholas, the Ueanrg bears the title of Becanatus Ue 23reclis. Of the ancient ruri-Uecanal yea/s of the archdeaconries of Chefter and Richmond I have not been able to re cover a fingle impreffion. But Mr. Ormerod has given us, in his Hifiory of Chefhire, an engraving of the feal of the general rural Uean of the archdeaconry of Chefter, at prefent in ufe ; which, he fays, appears to be copied from that ufed by the rural Uean of Macclesfield, pre vious to the confolidation of the rural Ueanrfes of the diocefe. — This feal, in the abfence of earlier and more interefting fpecimens of the feparate rural Ueanries, I have configned to the hands of the engraver. But the Sect. XI.] ^utjentic Seal. 409 imprefs is feemingly nothing more than a stiff and ugly reprefentation of Eaftham Church (as I am told — not Macclesfield — as would be inferred from Ormerod) within an oval, or rather ovoid, flowered border, bearing the date of mdcclvii. To what diocefe the annexed feal of the rural Ueanrg of Newcaftle is to be appropriated — whether to that of Durham or that of Lichfleld and Coventry, I am at a lofs to determine. The Taxatio Ecclefiafiica of Pope Nicholas notices a Ueanrg of Newcaftle, under the title of iBecanatus Nobi GDastrf, in the archdeaconry of Stafford, and a fecond under the fame title in the archdeaconry of Northumberland. The feal is from the valuable col lection of Mr. Doubleday of Little Ruffel Street, London ; who hazards no opinion as to which of the Uecanates of Newcaftle it appertains to — whether to that which derives its name from Newcaftle-upon-Tyne, or New- caftle-under-Line. The legend reads, % Becanatus Nofjf ®astr. The effigy is fuppofed to be that of an eccleflaftic, under a canopied throne, holding a crofler in his right hand, and in his left hand the head of Saint John the Taxatio Ecclef, P. Nicholai, pp.242, 316. 410 personal iFunctions. [Part IV. Hoffman. Lexi con. Univ. Vol. I. pp. 759, 760. Baptift. At the bafe is reprefented the head of the Baptift, in a falver. An interefting yea? of a foreign rural Ueanrg (from the collection of Dr. Sutton of Norwich) follows. It exhi bits the Agnus Dei — the lamb, crofs, and banner — the appropriate emblem of the triumph of Chriftianity over Paganifm.— Prom the infcriptlon, gbfgfUu Becanatus Ue ©astrolfUf, it would appear to be the fieal of the rural Ueanrg of Chateau du Loire {Cafirum ad Lcedum, Cafirum Lidi, or Cafirum Lidium), in the province of Le Mans in Prance. I know nothing of its hiftory. I wiffi it were in my power to add to this beautiful fpecimen a few more examples of foreign type ; but Sect. XI.] authentic Seal. 411 none have fallen in my way, with any claim, or rather pretence, to admiffion here\ In bringing to a clofe thefe few notices of ruri-Uecanal fieals, and of the powers entrufted to them as legal inftruments of ratification, it is worthy of obfervation, that Archbiffiop Stratford, in his Statuta et Ordinationes pro regimine airice de Arcubus {A.D. mcccxlii.), while he difallows the authority of the fieal, to the extent of interfering with the privileges of the Court of Arches, for (') A feal, of no great antiquity, of an arcj^prieSt of Leodium, is figured in The Gentleman's Magazine for October mdcccix. Vol. lxxix. Part II. p. 913. PL 2. The correfpondent of Mr. Nichols ftates it to be of brafs or mixed metal, with evident marks of the hammer having been ufed in making the impreffions. It came into his hands in mdcolxviii. ; having been, fome time before, found at Golfpie, in the county of Sutherland. The imprefs exhibits a mitred ecclefiaftic in canonical attire, the Virgin and Child, and an intervening crozier. The form is oval. The epigraph, sigii.lum*ahchvpresbiteri*leodiensis. The letters quite modern. Although pointed out to me by an eminent antiquary as the fieal of a Uean rural, I cannot fubfcribe to the opinion, without firft learning the general type of fuch fieals, their legends &c., on the conti nent. It has no refemblance to the fieal of the Gallican Deanrg juft CC. M. B. et H. Vol.11, p. 694. The Rev. Thos. Rackett, F.R.A and L.SS. 412 personal iFunctions. [Part IV. judicial matters, that is, matters not legally belonging to the rural Uean's jurifdiction, (to ratify which the fieal, perhaps, had been fometimes improperly applied) — ftill, in all fuch cafes, as were under Otho's contemplation at the time of paffing his ftatute, the archbiffiop admits the validity, of the rural fieal, and orders it to be refpected in his court : — " In certificatoriis dtationum, executionum, et aliorum mandatorum, a fuperiorihus fuis ordinariis vel delegatis commifforum, eifdem Uteris ipforum Uecanorum figillo officii Uecanatus hujufmodi covfignatis, juxta mentem fiatuti prcedicti fidem, volumus adhiberi." In the Reformatio Legum Ecclefiafiicarum, the authentic feals of all church functionaries, then propofed to be received as fuch in England, are enumerated, and the cuftody of them regulated. But, whether thofe of Ueans rural are included, I muft leave to the reader to deter mine, after perufing the final claufe de Regulis Juris : — " Autentica figilla declaramus nofira, archiepifcoporum, epifcoporum, Uecanorum, ecclefiarum cathedral, et earundem ecclefiarum, capitulorum, archidiaconorum, et eorum offida lium. Quce penes ipfios aut ipfiorum legitimes deputatos, et Reformatio Le gum, p. 303. de Regulis Juris. now defcribed — that of Chateau-du-Loire ; — none whatever to our infu lar fieals of rural ijeans, who never bear the title of arcl)prieSt on their fignets. Confequently, there is no reafonable foundation for the fuppo- fition that the fieal belonged to the rural Dean of Leeds in Yorkfliire. Far more probable the notion, that would appropriate it to the arcj)- presbgter of Liege, the urtian Dean of the cathedral city of the province of the fame name in the Netherlands. Or, poffibly, it may be the feal of one of the Roman-Catholic arcJprieStS who ruled the papifts of England before they had a titular epifcopal hierarchy. That the reader may be enabled to form his own judgment upon it, I have caufed an accurate copy to be taken from the valuable repertory of Mr. Nichols. Sect. XL] authentic Seat. 413 I nullo modo apud fuos Regifirarios, fieu Actorum ficribas cufiodin volumus." The decifion, I fear, muft be againft ns; — that though the ecclefiaftical-law reformers in tended to have made us moft efficient fpiritual watch men in our refpective diftricts of fupervifion, as the extracts adduced in earlier pages abundantly demon ftrate, they never contemplated the reftoration of our feal of office, and the branches of jurifdiction formerly connected with it\ It has been elfewhere ftated {fee Part iii. Sect. u. p. 131.) that rural Ueans were for a long while appointed De 9ti'cr)i))K8ti. five EcconiS 9!iiuolibuS, c. V. p. 95. (') To the period of this church-law reformation belongs the curious fial of the rural Deanrg of Sunning in Berklhire, a peculiar of the catlie- Dral or urban Dean of Salisbury, defcribed by Sir W. Blackftone in the third volume of the arcjbaeologla, p. 4 14. The infcriptlon is, sigillv : regiae : maiestatis : ad : cavsas : ecclesiasticas— pro : decanatv : de : sonnvng. The learned judge fuppofes it to be of the reign of Edward VI. It a);3. abbcnba, Parochial Anti quities, Vol. II. p. 357. 414 ^Personal iFunctions. [Part IV. Coift. Dom. Othon. p. 68. Edit. Oxon. See Oughton's Ordo Judicio rum, Tit. XXVI. XLVIII. Vol.1. pp. 51,81. by the diocefan without any formal commiffion in fcriptis, but were invefted in the office by the delivery of the common /ea/ (fuch as we have been defcribing) ; — which, at the death of each Uean, was returned to the biffiop, or committed into cuftody by his order, to be given to a fucceffor, at the biffiop's nomination. To this Ample method of inveftiture, recommended as it is by its antiquity, I can fee no reafonable objec tion, if the biffiops ffiould think fit to revive it. But, as other methods of inftitution or admiffion are equally good and valid, it might not be worth while to reftore the rurf-Uecanaiyea? for that purpofe alone. Beans rural however, whether inftituted by fuch an inftrument or not, are undoubtedly entitled to the ufe of a feal after inveftiture. The Conftitution of Cardinal Otho enacts, " Ut figillum haheant non foliim archiepifcopi, et epifcopi, fed etiam eorum officiales. Item abbates, priores, et tittmi, archidiaconi, et eorum officiales, et Uecani rurales &c." It I even ftates what characters are to be engraven on the Ifieal of the Uean rural as a temporary functionary, and \ faffiions the inftrument to his hand. Nor is this all ; — ¦ Oughton fays, that the practice of the Court of Arches would refpect the fignet, if it were prefented, in modern It cannot be confidered a rural tisan'^ fieal, properly fo called, that is, in the fenfe of thofe we have been fpeaking of But it is not impro bable, that the peculiar jurifdiction of the Dean of Sarum may have been originally vefted in the rural Dean of Sunning, as an independent func tionary ; who, like certain of his compeers, enjoyed fundry prefcriptive rights, and exercifed fundry official powers, independent of the diocefan (witnefs the DeanS of Manchefter and many others), till the rural Dean- Sj&ip, with its appendent jurifdiction, merged in the urban or catjieDral Deans^ip of the parent fee. Sect. XI.] authentic Seal. 415 days, as an authentic inftrument, for the ratification of fuch documents as were originally intended by^ the Legatine Confiitution to be authenticated by it. Would there, then, under thefe circumftances, be any impropriety in reftoring to the Uean rural the actual ufe of his official ^^i?.'* Nay — to go a ftep farther — would not benefit be likely to accrue from fuch a meafure ? — By fome, perhaps, the fieal might be looked upon as a mere bauble — neither convertible to good nor ill — a ufelefs implement of office. But, with deference, I would fay, while it could do no harm, in the keeping of a truftworthy officer, (for to his legitimate powers it could add nothing,) it would, at leaft, give an air of authority to fuch epifcopal or archidiaconal mandates as might be circulated by the Uean's inftrumentality ; — it would ftamp an official character on his correfpondence with fuperior functionaries, would authenticate his Acta Vifitationis, or articles of parochial inquiry, and other returns to the biffiop or archdeacon; and perhaps folicit from churchwardens more attention to written precepts and inftructions, which the Uean might have occafion to iffue in fupport of order and difcipline. As to the type and legend of fuch a fieal, the effigy ffiould have relation to the matrix ecclefia of the Ueanrg — the church whence the ecclefiaftical divifion derives its name — a reprefentation of the fabric of which, or of its tutelary faint, ffiould supply the imprefs. The infcriptlon ffiould be ftrictly official, not perfonal — in com pliance with the legatine canon, which orders that the (') SBeanS are now feldom applied to for t\i&.r fieals; and therefore the Confiitution feems to be grown obfolete, though ftill in force. Conft. Dom. Othon. p. 69. gl. in voce ftgil- tumfuum. Ayliffe's Parer- gon, I. C. A. p. 483. 416 Personal iFunctions. [Part IV. See Bowles's Hundred of Chalke, pp. 308, 309. figil of the Uean rural " tantum nomen officii habeat infculp tum ;' a claufe farther explained by John de Athon, who fays, that though, in relation to Ueans rural and officials ffie figil be fpoken of as " figillum fuum f it is only " tempora- liter ds commifium ; non enim habent dominium illius." Such a yea? I have devised for^ the rural Ueanrg with which I am connected. The device is from an ancient feal of the founder of the chantry or chapel of All Saints in the hamlet of Knighton, in the pariffi of Broad Chalke. (') The Deanrg of Chalke in Wiltfliire. It appears from the ciwZ divi fion of the county of Wilts, according to Tefta de Neville, that the abbefs of Wilton, in the time of Henry III. or beginning of Edward I., held, of the king, five knights' fees ; but that Chalke (or Chelche, as the word is written in Domesday-book) was the Caput Baronice. In the ecclefiaftical divifion, the church of Broad Chalke may be fairly called the mater eccle fiarum of the Deanrg ; and certain it is, that its fuperiority amongft the neighbouring parilhes of Ebbesbourne, Burgh or Bower Chalke, and Fifield, was admitted by them ; inafmuch as parts of the boundary fence of the churchyard of the larger parifli are ftill kept in repair by the fmaller. The church is the handfomeft edifice in the vale, as well as the largeft. The other ruri-Decanal fials of the diocefe of Salisbury (where alone, I believe, fuch inftruments are in ufe in modern days) have the imprefs of the See of Sarum, viz. the Virgin and Child, with their ufual infcrip tlon of .Sbtgillum Decani Decanatiis De SSSilton, or whatever may be the name of the Deanrg. Sect. XII.] ©ollecting ®aies. 417 SECTION XII. Taxes collected by IBcans IJlural. HE taxes impofed upon the clergy, under Kennett's Pa™ J- ¦¦¦ ~ ,. chial Antiq. the name of papal and royal fubfidies firfi- fruits, and tenths^, together with fynodals or cathedratica^, paid by the parochial clergy in token of fubjection to the epifcopal chair, were here- Vol.ii.p. 363. (') In the times of popery, the kings of England, on feveral occafions, obtained leave of the Popes to receive the tenth part of fpiritual promo tions, tor a certain term of years ; efpecially, in order to maintain and fupport the wars of the Holy Land. (f) "In honour of the cathedral church, and in token of fubjection to it, as the bilhop's fee, every parochial minifter within the diocefe pays to the bifliop an annual penfion, called anciently cathedrdicum. This acknowledgment is fuppofed to have taken rife from the eftablifliment of diftinct pariflies, with certain revenues, and thereby the feparating of thofe diftricts from the immediate relation they had borne to the ca thedral church. By the council of Bracara, this penfion is called Honor CatliedrcB Epifcopalis, and reftrained (if it was not limited before) to two fliillings each church — ('Placuit ut nullus epifcoporum per fiuam dioe- cefiem ambulans, prceter honorem cathedrce fiucB, id eft, duos fiolidos, aliud aliquid per ecclefias tollat:') — which canon became afterwards part of the canon-law of the church, with this glofs upon the words duos fiolidos (ad plus: minus enim aliquando datur), and hath been received in England, as in other churches, under the name offiynodaticum, becaufe generally paid at the bifliop's fynod at Eafter." See alfo Father Paul, af Beneficiary Matters, chap. x. p. 32. and notes there ; Hayes's Tranfi latian ;—ani the bifliop of Meath's (A.D. mdcxcvi.) Tractatus de Vifita tionihus Epifcopalibus, c. xxx. pp. 74, feqq. VOL. I. E E Gibfon's Codex I. E. A. Tit. xxxv. cap. II. p.828, 7io