whatever; the penaly on each offender is 35. 4d. This act, diftinguishing between lawful and unlawful sports, proceeded on the book of fports allowed by James I. published in 1618, whereby that king publicly declared to his fubjects these games following to be lawful, viz. dancing, archery, leaping, vaulting, may-games, whitfun-ales, and morris-dances; and commanded that no fuch honeft mirth or recreation fhould be forbidden on Sundays after evening fervice. Killing game, or using a gun on Sundays, is prohibited by ftatute 13 Geo. III. c. 8o. and by 29 C. II. c. 7. no procefs can be ferved or executed on the Lord's day, except for treason, felony, and breach of the peace, to which is added a judge's warrant, for apprehending a perfon who has efcaped from prifon. In order to discountenance travelling on the Lord's day, it is enacted, that a perfon robbed, cannot, as in other cafes, fue the county; but it was decided, that a person travelling in his coach to his own parishchurch, and robbed, was not deprived of this remedy.

In this divifion mention must be made of the holidays obferved in the church of England, on fome of which, particularly Christmas day and Good Friday, the fame general restrictions, prevail as on Sundays. The obfervance of certain days, as fit periods for returning thanks to God for fingular benefits or mercies, deprecating renewals of his vengeance, and commemorating with praise the bleffed who have fuffered martyrdom for the eftablishment of his holy religion, is evidently, connected with the practice of the moft pure and rational piety. The church of England holds on this point a juft medium between the papists, who filled the calendar with days of obfervance, in compliment to fictitious or unknown faints, and the overftrained rigour of fome fectaries, who, carping at the term holiday, will not allow one day to be more holy than another. In the early days of the reformation, the ftatute 5th and 6th Edward VI. c. 3. fhewing, in its preamble, the fitness of obferving certain days, but acknowledging that they are not exprefsly pointed out in fcripture, but left to be determined and affigned by the rulers and minifters of Chrift's church in every country, enacts that the following days fhall be kept holidays, and none others; that is to fay, all Sundays in the year, the days of the feaft of the circumcifion of our Lord Jefus Chrift, of the epiphany, of the purification of the Bleffed Virgin, of St. Matthias the apoftle, of the annunciation of the Blessed Virgin, of St. Mark the evangelist, of St, Philip and James the apostles, of the afcenfion of our Lord Jefus Chrift, of the nativity of St. John Baptift, of St. Peter the apoftle, of St. James the apoftle, of St. Bartholemew the apostle, of St. Matthew the apostle, of St. Michael the archangel, of St. Luke the evangelift, of St. Simon and Jude the apoftles, of

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of All Saints, of St. Andrew the apoftle, of St. Thomas the apoftle, of the nativity of cur Lord, of St. Stephen the martyr, of St. John the evangelift, of the Holy Innocents, Monday and Tuesday in Eafter week, and Monday and Tuesday in Whitfun week; and that no other day fhall be kept and commanded to be kept holy, or to abitain from lawful bodily labour. To thefe the church has added the converfion of St. Paul, and the day of St. Barnabas, and at different periods, the fifth of November, in commemoration of the popifh plot, the thirtieth of January, for the murder of king Charles I.; the twenty-ninth of May, for the restoration of royalty in the perfon of Charles II.; and the day of acceflion of the reigning fovereign. Vigils and days of abftinence from flesh, are among the ordinances of the church, but the obfervance of them is left entirely to the difcretion of individuals.

The punishments inflicted for the above offences by the courts of law have been generally mentioned; thofe in the power of the church are, first, with refpect to the clergy, fufpenfion, deprivation, and degradation; and fecond, with refpect to them and the laity alike, penance and excommunication.

Before the reformation, the clergy had a prerogative called canonical purgation, which entitled them, when convicted of an offence before a fecular judge by evidence, or even by confeffion, to cause a jury of twelve clerks to be impannelled before a bifhop or his ordinary, before whom the offender came, and fwearing himself to be not guilty, and procuring twelve clergymen to swear they believed him, he was delivered from punishment; but this abfurd encouragement of perjury was abrogated in the reign of Elizabeth.

SUSPENSION. The fufpenfion of a clergyman is the prohibition of enjoyment of his office, or benefice, for a limited time, but not for ever. The penalty on a clergyman officiating after fufpenfion, if he fhall perfift therein after a reproof from the bishop, is, by the ancient canon law, that he shall be excommunicated all manner of ways, and every perfon who communicates with him fhall be excommunicated alfo. There is a fufpenfion applied alfo to the laity, but it fignifies only a temporary exclufion from hearing divine fervice and receiving the holy facrament, which may therefore be called a temporary excommuni

cation.

DEPRIVATION. This is an ecclefiaftical cenfure, whereby a clergyman is deprived of his parfonage, vicarage, or other fpiritual promotion or dignity. In all caufes of deprivation of a perfon actually poffeffed of a benefice, these things must occur: 1. a monition or citation of the party to appear. 2. A charge given him, to which he is to anfwer, called a libel. 3. A com

petent

petent time affigned for the proofs and anfwers. 4. A liberty for counfel to defend his caufe, and to except against the proofs and witneffes. 5. A folemn fentence, after hearing all the proofs and answers. These are the fundamentals of all judicial proceedings in the ecclefiaftical courts, in order to a deprivation; and if these things be not obferved, the party has just cause of appeal, and may have a remedy from a fuperior court. The caufes of deprivation allowed by the common law, or by statute, are, want of orders, or of age, illiteracy, fimony, plurality, conviction of treafon, felony, or perjury; a fecond conviction of refusing to read the book of common prayer, or any part thereof, or fpeaking or preaching in derogation of it, or using any other rite or ceremony; not being admitted to adminifter the facraments within one year after induction; perfisting in maintaining doctrines repugnant to the thirty-nine articles; omitting to read them or the morning and evening prayers, or to read and subscribe the declaration of conformity, or to take and fubfcribe the oaths of allegiance, fupremacy, and abjuration, at the times mentioned in the feveral statutes already cited; infidelity and mifcreancy, including atheism, blafphemy, herefy, and fchifm; incontinence, drunkenness, difobedience of the orders and conftitutions for governing the church, non-payment of tenths, and alienation, certainly, if not dilapidation of ecclefiaftical eftates. The caufes of deprivation by the canon law, are, difclofing confeffions; on which point it may be observed, that although in our church Chriftians are not obliged or enjoined, as in that of Rome, to lay open their acts and even their thoughts to a prieft, yet it is allowed to fuch as are diftreffed in mind on account of any fecret offence by them committed, to unburthen their confciences, and obtain fpiritual confolation by confeffion; and the priest, in fuch cafe, is forbidden to disclose this most facred and confidential communication, unless it be of a nature to involve him in a penalty for having concealed after being made privy to it. The other caufes in the canon law, are, wearing arms; non-refidence; demanding money for facraments; obftinacy in intrusion; violating a fanctuary; marriage and, a fortiori, bigamy; concubinage; contumacy in wearing an irregular habit; officiating after excommunication without abfolution, and keeping other fafts than thofe acknowledged by law. Of these latter causes some are obfolete, and others rendered impoffible by ftatutes paffed fince the reformation. The fentence is pronounced by the bishop only, with the affistance of his chancellor and dean, if they may conveniently be had, and fome of the prebendaries, if the court be kept near the cathedral church; or of the archdeacon, if he may be had conveniently, and, at leaft, two other grave ministers and preachers,

to

to be called by the bishop when the court is kept in other places.

DEGRADATION. This is an ecclefiaftical cenfure, whereby a clergyman is deprived of his holy orders, which he formerly had, as of priest or deacon. And, by the canon law, this may be done two ways, either fummarily, or by word only, or folemnly, as by divesting the party degraded of thofe ornaments and rites, which were the enfigns of his order or degree. This folemn degradation was anciently performed in this manner: If the offender was a perfon in inferior orders, then the bishop of the diocefe alone, if in higher orders, as prieft or deacon, then the bishop of the diocefe, together with a certain number of other bishops, fent for the party to come before them. He was brought in, having on his facred robes, and having in his hands a book, veffel, or other inftrument or ornament appertaining to his order, as if he was about to officiate in his function. Then the bishop publicly took away from him, one by one, the faid inftruments and vestments belonging to his office, faying to this effect, "This and this we take from thee, and do deprive thee "of the honour of priesthood;" and, finally, in taking away the last facerdotal vestment, faying thus, "By the authority of "God Almighty, the Father, the Son, and the Holy Ghoft, "and of us, we do take from thee the clerical habit, and do de"pofe, degrade, defpoil, and deprive thee of all order, benefit, "and privilege of the clergy." And perhaps it would be better if a clergyman, convicted of crimes which are punishable with death, were to be immediately degraded, and not delivered over to the common executioner while invefted with the clerical character.

PENANCE. This punishment is ufed in the difcipline of the church, and affects the body of the offender, obliging him to afford a public fatisfaction to the church, for the scandal he has given by his evil example. In the case of inceft, or incontinency, the finner is ufually injoined to do a public penance in the cathedral or parish church, or public market, bare-legged and bareheaded, in a white sheet, and to make an open confeffion of his crime in a prescribed form of words, which is augmented or moderated according to the quality of the offence, and the difcretion of the judge. So in fmaller faults and feandals, a public fatisfaction or penance, as the judge fhall decree, is to be made before the minifter, churchwardens, or fome of the parishioners, refpect being had to the quality of the offence, and circumstances of the fact; as in the cafe of defamation, or the laying violent hands on a minister, or the like. And as these cenfures may be moderated by the judge's difcretion, fo, by ancient privilege of the ecclefiaftical judge, they may be commuted for an

oblation

oblation of money for pious ufes. There were formerly also private penances confifting of the voluntary infliction of pain, labour, or self-denial, enjoined by priests on hearing confeflions.

EXCOMMUNICATION. This ecclefiaftical cenfure, whereby the perfon against whom it is pronounced is, for the time, caft out of the communion of the church, is of two kinds, the leffer and the greater: The leffer is privation of the ufe of the facraments and divine worship; and this fentence is paffed by judges ecclefiaftical on perfons guilty of obftinacy or difobedience, in not appearing on citation, or not submitting to penance or other injunctions of the court. The greater excommunication is that whereby men are deprived, not only of the facraments and the benefits of divine offices, but of the fociety and converfation of the faithful. In fome cafes, as ftriking in a church, it is declared that the offender fhall be ipfo facto excommunicated; but this is to be underftood after conviction, which cannot take place without previous monition or fummons. The fentence can only be pronounced by the bishop, or other perfon in holy orders, being a master of arts at least alfo; the priest's name pronouncing fuch fentence is to be expreffed in the inftrument iffuing under feal out of the court. By the ecclefiaftical law, perfons excommunicated are to be inhibited the commerce and communion of the faithful; the churchwardens and queftimen are to fee that they be kept out of church, and in ancient times the fentences of the greater excommunication were folemnly promulged four times in the year, with candles lighted, bells tolling, the crofs, and other folemnities. If a clerk is excommunicated, he cannot be prefented to a benefice; nor can the perfon excommunicated be an advocate, witness, juror, or bring an action, either real or perfonal, for recovery of property; and when dead, he cannot have Christian burial, unless fome perfon will teftify his repentance. He may, however, make a will, or be nominated executor, but cannot take out probate of the will during the term of his excommunica tion; and he may have benefit of clergy in a fimple felony. If a judge of any fpiritual court excommunicates a man for a caufe of which he has not the legal cognizance, the party may have an action against him at common law, and he is alfo liable to be indicted at the fuit of the king; but if the excommunication is legal, and within forty days after the fentence has been published in the church the offender does not submit and abide by the fentence of the fpiritual court, the bishop may certify fuch contempt to the king in chancery, upon which there iffues out a writ to the fheriff of the county, called from the bishop's certificate a fignificavit, or, from its effects, a writ de excommunicato capiendo, and the sheriff fhall thereupon take the offender

and