that few of the Officers fettled by this Novel are to be found in Codinus, for as he obferves the Greek Church made continual Alterations in their Officers, being, fays he, conftant in nothing of this kind but Inconftancy 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 Refpect to our Chancellors before the twelfth 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 prefent Ecclefiaftical Judges, as far as relates to Controverfial Caufes, but I do not find that they medled with any Criminal Caufes, fuch as might tend to the Sufpenfion or Deprivation of a Clergy-man. As to the original of this Office in the Weftern Church it does not appear to be any thing more Notit. p. 406. ancient than it was in the Eaftern. Cabuffutius in his Obfervations on the fecond Canon of the Council of Aix, Anno 1112. wherein it is decreed that no Presbyter or Clerk fhall undertake the Cure of any Church without the confent 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 (fays he) the Bishops had not chofen them any Vicars, and all the Vicar-generals Duty lay upon the Archdeacon. However he acknowleges that there is a Canon of the Council of Selingenftadt 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 Licenfe from the Bishop or his Vicar. Yet in the fecond Lateran Coun + Cin. 16. cil, cil, Anno 1104. there is a Canon of the fame Can 7. nature with that of Aix, where no mention is made of the Bishops Vicar. Who would certainly have been mentioned in this Canon if Inftitutions or any thing of the like nature had in those days as now been customarily conferred by the Vicar-general or Chancellor. From whence we may reasonably gather that altho' some Bishops in fome Places did constitute Vicars to whom they delegated part of their Authority and Jurifdiction as early as the tenth Century or foon after, yet that it was not become a Custom for Bishops generally to have their Vicars, at least that they had not yet committed to them all that Power they enjoy at this time. 172: The best Account I have yet met with relating to this Matter in this Realm is given by my Learned Countryman that most industrious Antiquary * Mr. Somner, who having first given* Antiq. of Cana full Account of the Separation of the Spiritu- teb. p. 173. al furifdiction from the Temporal by William the Conqueror, has thefe Words. Since that Edict of the Conqueror, as I find by fearching and turning over ancient Monuments, Ecclefiaftical Jurifdiction was a while exercifed chiefly and for the most part, for Clergy-Men's Caufes efpecially, in Synods or Chapters; the Bishop using in Perfon to prefide over the one, as the Archdeacon over the other. Afterwards upon the revival of the Civil, and promulgation of the Canon Law, fufficiently replete with Light and Directions for deciding of Doubts, and Determination of Caufes without need either of Synods or Chapters, they began by little and little to decline, or at least not to be of fuch ordinary ufe for the hearing and ending of Causes, fuch fpecially as were only Civil and not Criminal, as be O 3 fore: •Eccles. Cafes, Vol. 1. p. 147. Ca Eccles. Cafes. fore: And then as a more eafie and Speedy way of difpatch, the Confiftorial Form of Judicature, which we now retain, exercised by Officials, Chancellors, Commiffaries, 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 by Bishop Stilling fleet, who fays, That these Officers were not in England in the Saxon Times. But about the time of Henry II. (with whom Alexander III. was contemporary) the Bishops took them for their Affiftance in Difpatch of Causes, when the King required their ftrict Attendance on the Publick Affairs, in the Supreme Court of Parlia ment. This great and most Learned Prelate, who was as well verfed in the Antiquities of the Chriftian Church, and in thofe of England particularly as this Nation ever Bred, fhews us alfo how Ecclefiaftical Jurifdiction was originally exercifed in the Church, not by Vicars or Chancellors, no nor yet by the Bishops themselves alone without Affeffors; but by the Bishop and his Clergy or College of Presbyters as I have already fhewn where I treated of that College. However more fully to confirm what I trust I have there pretty well proved, I fhall alfo in this place add thereto the Testimony and Proofs of this late Right Reverend Father of this Church whofe Authority in fuch a Cafe as this I conceive to be at leaft equal to that of any Man whatsoever. His Words are thefe. (a) The Clergy being fettled under the Eye and Care of the Bishop, were not only ready to attend the Publick Service in the 'Church, p. 48. Church, but to affift as an Ecclefiaftical Senate ' to him in the great Affairs of his Diocese. (b) Thence Ignatius calls the Presbyters of (b) Ignat. Ep. ad the Church (in Conjunction with the Bishop) Tral Edit. Vols. a Divine Council; and (c) Origen a Senate in (c) Con. Cels. I. every City of God's own Appointment, an- 3. p. 129. fwering to the Collegium Decurionum in every Roman Corporation. St. Cyprian very frequently mentions his Compresbyters as fitting with him. At Rome the College of Presby ters not only governed the Affairs of the • Church in the Vacancy of the See, as appears by (d) St. Cyprian's Epiftles; but he faith, (d) Ep. 8, 9, 29, 'that the Clergy there fet all together with 27.35, 36. 59. 'the Bishop, and made up an Holy and Vene'rable 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 Provocation. (f) The Author of the Commentaryf. In 1 Tim. 5. on the Epistles in St. Ambrofe's Works, won'ders how in fome places, the Council of 'Presbyters came not to be so much regarded; which he imputes to Sloth on one fide, and Pride on the other: But that it was not commonly fo appears by St. Jerom's Words, who faith the Chriftian Church had ftill 'fuch 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. Chryfoftom faith, the (h) Hom.11, in I Presbyters had their fhare in the Govern- Tim. < ment of the Church. And therefore it is no wonder, if the Deans and Chapters of this • Church, have had time out of mind, any part of the Ecclefiaftical Jurifdiction commit'ted to them. And by the Canon Law, the • Dean, or Archbresbyter hath a Right of Vifit-(;) Differt. Jur. ing Churches within his Jurifdiction as (i) Canon 61. e. 16. 04 (a) De Antiq. jure Presbyt. in Regim. Eccles. Taurin. A. D. 1676. 1. 1. c. 27. Alteferra 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 capable of affifting in the Affairs of the Diocefe. So (a) Claudius Fontius, a late learned • Divine of Turin, having undertaken to clear the Ancient Right of Presbyters in the Government of the Church in Subordination to the Bishops, he intended to fhew, if he had lived, how that Right came to be devolved upon the Deans and Chapters of (b) De Canonicis Cathedral Churches. (b) Joh. Molanus faith, the Clergy who refide in Cathedral Churches are the Bishops Brothers, Counsellors and Affeffors, and prefently after he calls them (c) Cauf. 1. q. 3. the Senate of the Church. These the (c) • Canon Law calls the Dignities and Prebends of the Cathedral Churches, Members of the (d) De Canon. Epifcopate; of which (d) Molanus gives this Account, because by their first Institution they were defigned for fuch, who were to be Helpers and Fellow-Labourers in the Epifcopal Care: And fo* Cardinal Paleotus calls them in the Discourse he made to the Canons of his Church of Bononia; and he proves, that they are the Bishops Council by the Canon Law, as well as by the Testi(e) De Sacr. Elect.monies of the Fathers. Thefe as (e) Hallier C 3. 1.2. C. 2. *De Admin. Fecl. Boson. part. 7. P. 508. 513. & Ordinat. p. 110. 114 7 Azor. part 2. 1. 4. c. 3. 9. 5. Anton. Franc. de Eccies. Cathed. c 3. n. &c. ' obferves are faid to be a Latere Epifcopi ; as 'the Legates a Latere were thofe which the Bishops of Rome fent from his own Clergy, or confiftory; for none but fuch, as the Čanonifts tell us, can be faid to be a Latere tho' fent by the Pope and his own Attendants. And those of his confistory do Plead that the Pope cannot dispatch any great Af 'fairs |