of Carthage, A. D. 398. Can. 23. it was Decreed, that A Bishop shall hear no Cause but in the presence of his Clergy, and that the Sentence he shall give in the abfence of his Clergy fhall be null and void.

From these Canons it appears that in Gratian's time (which was about the middle of the twelfth Century, for he compleated and published his Collection Anno 1151.) the Spiritual Judicature for each Diocefs did not reft in the Bishop alone, much lefs in his Vicar or Chancellor, (if there was any fuch Officer in those Days, for I can find no mention of fuch an one in Gratian) but in the Bishop and his Clergy together. But Gratian's Book meeting with a very favourable Reception, and being fuppofed to contain all the Canons and Conftitutions of the Church which were necessary, for publick ufe, and proper for the Decision of all matters of Ecclefiaftical Judicature, the Bishops by degrees began to leave off to confult with their Clergy in the Determination of Caufes and Controverfies, and to appoint fuch as had ftudied Gratian (who foon began to be read in the Schools) to hear and judge of all Canonical matters whom they termed their Vicars or Chancellors, of whom we find little or no mention before this time, at least not as to any Ecclefiaftical Judicature which they exercifed.

Gratian's Collection of the Canons therefore in all probability laid the way for the Introduction of Vicars-General, Chancellors or Officials, because they were unknown in his time, but Du Pin. Cent, very common immediately after. * For al tho many Collections of Canons, Decretals and Paffages of the Fathers relating to the Canon Law were compiled before the twelfth

2. p 204.

Century,

Vol. I.

Ecclefiaftical

Century; yet none of them was generally followed or publickly taught; they were look'd upon as the Work of private Perfons, and the Decifions contained in them had no greater Authority than the Monuments out of which they were taken, whilft every one applied them to his particular benefit; but none made them the subject of publick Lectures. (a) But (a) Cave Hift. Pope Eugenius III. immediately approved Gra-Lit. Vo tian's Work, and commanded it to be publickly taught in the Universities, (b) and to be (6) Ridley's view alledged for Law. When therefore this Book of Civil and was thus commanded to be taught, and all the Law, part 1. Conftitutions contained in it might be alledged chap. 5. § 1. for Law as far as the Papal Authority reached, which at that time extended over all this Weftern part of Christendom, it was a natural confequence that thofe who had not studied thefe Laws (which probably few did in those Ignorant Ages) fhould decline to give Judgment according to them. And therefore the Clergy, who till then had ufed to fit with their Bishop in Judicature, and to judge according to the Customs and Canons of that Diocefs and Province to which they belonged, which they could not well be ignorant of, finding that now there was a great Book of strange Canons which they were unacquainted with, and yet that they must determine according to it were eafily prevailed upon to devolve this trouble on their Bishop, and to let him judge by himself alone. He alfo not being fo perfect in those Matters made choice of a Subtitute who had studied and understood these Laws to fupply his Place, and judge and determine for him. Thus in a few years every Bishop came to have his Vicar-General, Chanellor, Official or Commissary, but from the begin

ning

p. 96.

ning it was not fo, as I think I have fufficient() De Antiq. ly proved. For as (c) Mounfier Du Pin obEcclef. Difciplin. ferves, when Bishops were placed in all Churches fuperiour to the Presbyters, the Judgment of all Perfons within the Diocess, and of all Caufes there arifing which relat ed to Spiritual matters was committed to them; but fo that they fhould judge together with their Clergy, that is, with the • other Presbyters. And this he conceives to be a matter beyond all Controversie, fo evident that no one would difpute it, and therefore does not think it needful to prove it. And fure he would not fo boldly and pofitively have afferted it, fo long after a contrary Practice had prevailed if it had not been clear beyond all Contradiction. And his Authority is as great as that of any Modern Author can be, fince he has not only read over but alfo given us an Abridgement of all the Fathers and Councils and Ecclefiaftical Writers from the first Plantation of Christianity till fince the Reformation.

Frift. 25.

However, as I have fhewed about the middle of the twelfth Century the Cafe began to be altered, and all Ecclefiaftical Jurifdiction was committed to Canonifts, who quickly made good Markets of it, for having no Affeffors, and understanding all the Quirks of the Law; they could do as they pleased. While the Spiritual Judicature was executed by the Bifhop himself in Conjunction with his Clergy, Justice was regularly Executed, with Gravity, Decency, and Lenity, which thefe Canonifts foon perverted, fo that good Men looked upon it as an Employment fubject to very dangerous Temptations; for which Reafon * Peter de Blois, who was a while Chancellor to

Richard

Richard Archbishop of Canterbury, and confe uently was well acquainted with the Mehods and Proceedings of thefe new Ecclefiatical Judges, wrote to a Friend of his that was n Official, to perfuade him to quit that Em-1 loyment which would likely expofe him to nake Sale of his Confcience and Honour. I am apt to believe, fays he, that the Officials were fo called, not from the name of their Office, but the Verb Officio, which fignifies to be hurtful or to do mifchief: For the whole Function of an Official is to fheer and flea the poor Sheep that are under his Jurifdiction. And a little after he adds, that the Office of the Officials at prefent is to confound Right, to create Law-Suits, to difanul Agreements, to prolong Trials, to fupprefs Truth, to maintain Falfhood, to feek for nothing but filthy Lucre, to fell Juftice, to commit all manner of unjuft Actions, and to devife Cheats and Artifices to deceive the People. They are very critical in fearching out the Etimology and fignification of Words, and make Gloffes upon all manner of Syllables, on purpose to lay Snares for others in order to drain their Purses. They take upon them to interpret the Laws according to their own capricious Humours, admitting fome, and rejecting others at their Pleafüre: They corrupt that which is found, over-rule juft Allegations, foment Divifions, conceal Crimes, make void lawful Marriages, penetrate into the Secrets of Families, defame - Innocent Perfons, abfolve the Guilty, and in a Word, leave no Stone unturn'd to get - Money. This is the Character which Peter de Blois gives us of the Officials of his time which was quickly after their Inftitution) very

P

different

Part. 2. cap. 2.

§. 2.

different, as it is to be hoped, from that of thofe Gentlemen who now discharge those Functions in our Churches.

However, I have no Fault to find with the Office it felf, and do think as Matters now ftand it is very useful not to fay Neceffary: And was more fo formerly, if what Dr. Ridley fays in his View of the Civil and Ecclefiaftical Law be true, that anciently the Spiritual Courts examined fuch Matters as are now notoriously known To belong to the Cannulance of the Common Law, as Buying and Selling, Leafing, Letting, and taking to Farm, of Mortgaging and Pledging, giving by Deed of Gift, Detecting of Callufion and Cofenage, of Murder and Theft, and receiving of Thieves, and fuch like. For thefe Things would have been too great an Avocation of Bishops from the Exercise of their more Divine Function. Notwithstanding there are ftill fome Caufes belonging to the Spiritual Courts, fuch as Cafes relating to Wills, Matrimony, Baftardy, Tithes, and fuch like, which may justly require fuch Officers or Judges who are expert in the Laws relating to thofe Matters: Yet, tho' in fuch Cafes the Caufes are Temporal, the final Sentence against thofe that are Contumacious is purely Spiritual, which all acknowledge that a LayMan cannot Pronounce, and therefore where the Chancellor is a Lay-Man (as in most Dioceffes he is) there is always a Priest at hand to pronounce his Sentence. And methinks it is very odd that one Man fhould be the Judge to Hear and Determine, and another who knows nothing of the Matter fhould pronounce the Sentence; and fuch a Sentence too as if it be not reverfed, is far greater than the Sentence, of Death it felf. And by this Method of Proceeding