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that few of the Officers settled by this Novel are to be found in Codinus, for as he observes the Greek Church made continual Alterations in their Officers, being, says he, constant in nothing of this kind but Inconstancy and a perpetual Cuftom of changing;
From what has been said, I think It cannot 'be made appear that there was any Officer in the Greek Church at least, that answered in any Respect to our Chancellors before the twelftb Century, about which time we first meet with the Chartophylax and Protecdicus, who seem to have been invested with a like Authority to that of our present Ecclesiastical Judges, as far as relates to Controversial Causes, but I do not find that they medled with any Criminal Causes, such as might tend to the Suspension or Deprivation of a Clergy-man.
As to the original of this Office in the Western
Church it does not appear to be any thing more Notit. f: 406. ancient than it was in the Eastern. * Cabuffi
tius in his Observations on the second Canon of the Council of Aix, Anno 1112. wherein it is decreed that no Presbyter or Clerk Shall undertake the Cure of any Church without the consent of the Archbishop or Archdeacon, takes notice that their is no mention in this or any other elder Canon of the Bishop's Vicar-general, for as yet (says he) the Bishops' had not chosen them any Vicars, and all the Vicar-generals Duty lay upon the Archdeacon. However he acknowleges that there is of a Canon of the Council of Selingenstadt about an hundred years before, An. 1023. held by Aribo Archbishop of Mentz, where it is ordained that none shall take a fourney to Rome, without a License from the Bishop or his Vicar. Yet in the second Lateran Coun
- Cin. 16.
cil, Anno 1104. there is a * Canon of the same. Can 7.
The best Account I have yet met with relat-
and turning over ancient Monuments, Ecclesiastical Jurifdiction was a while exercised chiefly and for the most part, for Clergy-Men's Causes especially, in Synods or Chapters; the Bishop using in Person to preside over the one, as the Archdeacon over the other. Afterwards upon the revival of the Civil, and promulgation of the Canon Law, sufficiently replete with Light and Directions for deciding of Doubts, and Determination of Causes without need either of Synods or Chapters, they began by little and little to decline, or at least not to be of such ordinary use for the hearing and ending of Causes, such especially as were only Civil and not Criminal, as be
fore : And then as a more easie and speedy way of dispatch, the Consistorial Form of Judicatúre, which we now retain, exercised by Officials, Chancellors, Commissaries, and the like Ecclefiaftical Judges, came into Request, of whom in this Nation, until about Pope Alexander III. Days, (A. D. 1160.) no mention at all in any Record with us extant at this day, is (I take it) to be found.
This Account of Mr. Somner's is confirmed • Fesles
. Cafes, by * Bishop Stilling fleet, who says, That these Vol. 1. p. 147. Officers were not in England in the Saxon Timés.
But about the time of Henry II. (with whom Alexander III. was contemporary) the Bishops took them for their Asistance in Dispatch of Causes; zohen the King required their strict Attendance on the Publick Affairs, in the Supreme Court of Parlia
This great and most Learned Prelate, who was as well versed in the Antiquities of the Christian Church, and in those of England particularly as this Nation ever Bred, shews us also how Ecclesiastical Jurisdiction was originally exercised in the Church, not by Vicars or Chancellors, no nor yet by the Bishops themselves alone without Asesfors; but by the Bishop and his Clergy or College of Presbyters as I have already shewn where I treated of that College. However more fully to confirm 'what" I trust I have there pretty well proved, I shall also in this place add thereto the Testimony and Proofs of this late Right Reverend Father of this Church whose Authority in such a Case as this I conceive to be at least equal to that of
any Man whatsoever. His Words are these. sa! Eicies. Caes.: (a) · The Clergy being settled under the Vol. 3. p. 564:
Eye and Care of the Bishop, were not only 6 ready to attend the Publick Service in the
• Church, but to affist as an Ecclesiastical Senate
to him in the great Affairs of his Diocese.
(6) Thence Ignatius calls the Presbyters of (6) Ignat. Ep. ad ' the Church (in Conjunction with the Bishop) Tral Edit. Voss.
a Divine Council ; and (c) Origen a Senate in every City of God's own Appointment, an- 3. p. 129. swering to the Collegium Decurionum in every Roman Corporation. St. Cyprian very frequently mentions his Compresbyters as sitting ( with him. At Rome the College of Presbye
ters not only governed the Affairs of the Church in the Vacancy of the See, as appears by (d) St. Cyprian's Epistles; but he faith, (d) Ep. 8, 9, 20, that the Clergy there set all together with o7, 35, 36.59. the Bishop, and made up an Holy and Venerable Senate. And we have in the Church our Senate, the Company of Presbyters, faith (e) St. (e) In Ifai. c. 3.
Jerome ; where he Writes without Provoca• tion. (f) The Author of the Commentary (f. In 1 Tim. s.
on the Epistles in St. Ambrose's Works, won
ders how in some places, the Council of ' Presbyters came not to be so much regarded;
which he imputes to Sloth on one side, « and Pride on the other: But that it was not
commonly so appears by St. Jerom's Words, who faith the Christian Church had ftill such a Senate of Presbyters. (g) The fourth (g) Can. 23. · Council of Carthage voids the Sentence of a
Bishop, if he gave it without the Advice of - his Clergy. (b) St. Chrysostom faith, the (n) Hom.II. in I < Presbyters had their share in the Govern-Tim.
ment of the Church. And therefore it is no
part of the Ecclefiaftical Jurisdi&tion commit'ted to them. And by the Canon Law, the ' Dean, or Archbresbyter hath a Right of Visit-(1) Disert. Jur. ing Churches within his Jurisdiction as (1) Canon 61. é. 16.
Taurin. A. D.
1. 1. c. 27.
Alte serra proves. For the ancient power of the Presbyters, under the Bishop, upon the great increase of the Clergy came to be fixed by a kind of Devolution upon those who were nearest to the Bishop, and so more ca
pable of assisting in the Affairs of the Diola; De Antig:
cese. So (a) Claudius Fontius, a late learned jure Presbyt. in Divine of Turin, having undertaken to clear Regim. Eccles.
the Ancient Right of Presbyters in the Gos 1676.
vernment of the Church in Subordination to the Bishops, he intended to shew, if
he had lived, how that Right came to be
< devolved upon the Deans and Chapters of (b) De Canonicis c Cathedral Churches. (6) Joh. Molanus faith,
the Clergy who reside in Cathedral Churches are the Bishops Brothers, Counsellors and
Assessors, and presently after he calls them (1) Caus. 1. q.3.1 the Senate of the Church. These the (c)
Canon Law calls the Dignities and Prebends
of the Cathedral Churches, Members of the į Episcopate ; of which (d) Molanus gives this
Account, because by their first Institution they were designed for such, who were to be Helpers and Fellow-Labourers in the Episcopal Care: And so * Cardinal Palæo
tus calls them in the Discourse he made to (the Canons of his Church of Bononia ; and che proves, that they are the Bishops Council
by thé Canon Law, as well as by the Testi(e) De Sacr. Elca. monies of the Fathers. These as (e) Hallier
observes are said to be a Latere Episcopi ; as (the Legates a Latere were those which the
Bishops of Rome sent from his own Clergy, or consistory; for none but such, as the Ca( nonists tell us, can' be said to be a Latere
tho' sent by the Pope and his own Atten< dants. And those of his consistory do Plead that the Pope cannot dispatch any great Af
(d) De Canon. 1. 2. c. 2.
* De Admin.
c Fech. Bomon. part.
C 7. P. 508. 513.
& Ordinat. p.
9. 5. Anton.