"and charge all the Archbishops, (2) Bishops, (3) and other Ordinaries, (4) that "they shall endeavour themselves to the uttermost of their knowledges, that "the due and true execution thereof may be had throughout their dioceses (5) “and charges, as they will answer before God for such evils and plagues, "wherewith Almighty God may justly punish his people for neglecting this "good and wholesome law. (6)

(2) The title of Archbishop is not perhaps so ancient as the office; it not being used till about the beginning of the 14th century. After this it grew common, being mentioned in the Councils and Ecclesiastical Histories of the following times. The office itself was ancient. For Archiepiscopal or Metropolitical Jurisdiction was acknowledged, as an ancient custom belonging to several sees, in the great Council of Nice, A. D. 325, and it was then decreed, that the Bishop of Elia or Jerusalem, should have a precedence allowed him, “with regard to the honour of his metropolis.” The Council of Carthage was held under St. Cyprian, as Archbishop of the province. Nor was the metropolitan dignity only an empty title of honour; for Metropolitans had power to convene the rest of the Bishops in their provinces to the provincial synods, and to appoint the place where the assembly was to be held; and as the other Bishops were not to conclude any matter of moment without their Metropolitan, so had not he an arbitrary power to do any matter of the like concern, without the advice and consent of his co-provincials. Nicholls. See Index" Church of England.” (3) See Index, "Bishop."

(4) Ordinary (Ordinarius) in the civil law, is any judge having authority to take cognizance of causes, in his own right, and not by deputation. In the common and canon law, it denotes one who has ordinary or immediate jurisdiction in ecclesiastical causes, as of common right, in an opposite sense to persons extraordinarily appointed. In this sense Archdeacons are Ordinaries; but the term is more commonly applied to the Bishop of the Diocese, who has the ordinary ecclesiastical jurisdiction therein. And here it may be remarked, that the term extraordinary implies an inferior office to that of ordinary, as in the cases of Masters Extraordinary in Chancery, &c. In some Acts of Parliament, indeed, the Bishop is called "the Ordinary." There are several Chapels, Chapters, &c. exempted from the Ordinaries jurisdiction. The Archbishop is Ordinary of the whole province, to visit, and receive appeals from the inferior judicatures. The Pope was called " Ordinary of Ordinaries,” when he had usurped the right of collating to all benefices.

The Ordinary of Assize and Sessions, was a deputy of the Bishop of the Diocese to determine whether malefactors could read or not, and to perform divine service for them.

(5) From dioxnois, government or administration, or from dioxew, to dwell apart. A general division of the Empire was made by Constantine into four civil dioceses, which were afterwards subdivided, and by this constitution it is supposed the ecclesiastical ones were afterwards regulated.

(6) Not that this power is bestowed by the indulgence of Christian Princes, but by them continued upon the practice of the Church in former ages, even before there were any Christian Princes in the world, as it received the same from the apostles, and the power given them by Christ himself. But because our Lord endued not the

And authorised to

punish.

XVI. And that for their authority they should have full power by this Act, to reform, correct, and punish by censures of the Church, all which should offend within their jurisdictions or dioceses.

Justices to hear, &c.

XVII. That all Justices of Oyer and Determiner, or Justices of Assize, should have full power in their open and general Sessions, to determine all offences, contrary to this Act, within the limits of their commission, and to make process for the execution of the same.

Bishops may join with the Justices.

Justices..

Books to be procured by Parish.

XVIII. Provided that every Archbishop and Bishop, should at all times at his pleasure, associate himself to the said

XIX. Provided also that the Books concerning the said service, should be procured at the charge of every parish, &c. before the nativity of St. John Baptist then following, and within three weeks after be put in use.

Limits of punish

ment.

XX. That no person should be impeached for any of the above offences, unless indicted at the General Sessions next

after such offence committed.

Trial of Peers.

XXI. Provided always that Lords of the Parliament, for the

third offence, should be tried by their Peers.

Mayors, &c. may XXII. Provided also that the Mayor of London, and all judge. other Mayors, Bailiffs, &c. of all places to which Justices of Assize do not commonly repair, should have power and authority to hear, and determine the offences aforesaid, yearly, within 15 days of Easter, and St. Michael, in like manner and form; Provided always, that Archbishops, and Bishops, and their (7) Chancellors, Commissaries, (8) Archdeacons and other

minsters of his kingdom, with any external power, to constrain obedience, therefore the laws of kingdoms have enforced the execution and outward effect of that power, which is instituted in the Scriptures: the secular arm does not herein give, but cherish the power of the Church in the bosom of the kingdom. (Cosins.) Canon 7.

See

(7) This word is from the Latin cancelli, lettice work or rails, that were placed about the courts of judicature, in th ancient Roman government; as the doors of persons of quality that were letticed, to let the light through, were called fores cancellatæ. He whose office it was to let people in and out, was called the Cancellarius; as he who drew back or let down the hanging, was called Velarius. So the secretary belonging to the judicial courts was called Cancellarius, because he sat nigh the cancelli, or bar of the court. In one of Gruter's inscriptions, the Cancellarius and scriba are mentioned together. Afterwards when the Bishops, by the favour of the Christian Emperors, were allowed to keep their public courts, their secretary or notary, was called Cancellarius or Chancellor.

Two other offices are included in this, one temporal, that of " Official Principal,” who has jurisdiction over wills, legacies, marriages, &c. and for which he appoints

Ordinaries, jurisdiction, and

Ordinaries, having any peculiar Ecclesiastical jurisdiction, should have power to enquire in their (9) Visitation, (1)Synods, or elsewhere within their jurisdiction, at any other time and power. place, to take information of the things above mentioned, within the limits of

Surrogates (see Can. 128,) and the other “ Vicar General," who has a spiritual jurisdiction under the Bishop.

Budæus and Turnebus say, the name of Chancellor is from cancellando, drawing lines in form of a lettice, or cross-ways, over those petitions, which the prince would not assent to. But this is a metaphorical sense of the word, taken up in latter ages. (Nicholls.)

(8) Though the office of an Archdeacon be now a dignity superadded to the office of a priest, vesting him with a jurisdiction in some respects over the other Clergy, within a certain circuit in the diocese, yet in ancient times, the Archdeacon was not a priest, but only a deacon, to whom the Bishop had delegated a power, under him, to inspect the clergy of his diocese. For, as every priest when he officiated had a deacon attending him, so likewise had the Bishop; but the Bishop's Deacon, or if he had many (as in great sees he had) then the favourite Deacon had some particular dignity and power conferred upon him. In succeeding times, the cannon law vested the Archdeacons with new powers. It made them necessary coadjutors to the Bishops in conferring Orders, to be judges of the qualifications of those who were to be admitted into Holy Orders, and gave them a jurisdiction even over the Archpresbyters or Rural Deans. Their authority was increased by the Provincial Constitutions, wherein they are not only empowered to visit the Parochial Clergy, but to enquire of the state, books, vestments, and all ornaments and utensils of the Church, and to punish offences against the ecclesiastical laws, not only in the clergy, but likewise in the laity. Nicholls.

(9) Visitations of parishes and dioceses for the correction of offences and good government of the Church, were instituted at a very early period. During the first six centuries after Christ, the Bishops having a less pressure of business, visited all the parishes within their dioceses, every year, in person. But afterwards, authority was given them to delegate Priests or Deacons on this business-whereupon they divided their dioceses into Archdeaconries, which the respective Archdeacons visited every year, the Bishops reserving the third year to themselves. By Canon 60, the Bishop is to perform the office of confirmation at his Visitation every third year, or in case of personal hindrance, as soon after as he can conveniently. (See Canons 86, and 109 to 126, and 137.) Diocesan Visitations were always of very eminent use in the ecclesiastical polity, and peculiar of the episcopal function. (L'Estrange.)

(1) General or Oecumenical Councils, or Synods, (Evvodos, Conventus, an assembly,) were assemblies of Bishops from all parts of the Church, to determine important controversies of faith or discipline. They were first called by the Emperors, and afterwards by Christian Princes; till the Pope usurped both the calling, and presiding in them by his legates. (See Art. 21.) A national Synod consists of the Archbishops and Bishops of one nation. The first of this sort in England, was that of Hertford, A. D. 673; the last was one held by Cardinal Pole, A. D. 1555. Although national Synods are now apparently laid aside, yet the Synods of the two provinces act on any great emergency, by mutual correspondence and consent. A provincial

their jurisdiction, and punish(2) the same by admonition, excommunication, sequestration, or deprivation, or other censures, and processes, as theretofore by the Ecclesiastical laws. (3)

No offence punished twice.

XXIV. Provided always that any person offending, and for the first offence receiving punishment of the Ordinary, should not for the same offence be convicted before the Justices, and receiving punishment by the Justices, should not for the same offence receive punishment of the Ordinary.

Ornaments of the
Church and
Ministers.

XXV. Provided always that such ornaments (4) of the Church, and of the Ministers, should be retained, as were in the Church of England by the authority of Parliament, in the second year of King Edward VI. until other order should be therein taken by the Queen, with the advice of her Commissioners, appointed under the Great Seal of England, for causes ecclesiastical, or of the metropolitan of the realm: and that if there should happen any contempt, or irreverence to be used in the Ceremonies, or Rites of the Church, by the misusing of the orders appointed in this Book, the Queen might, by the like advice, ordain and publish such farther Ceremonies or Rites, as may be most for the advance"ment of God's glory, the edifying of his Church, and the due reverence of "Christ's holy Mysteries and Sacraments." (5) (See Canon 12.)

66

Synod, is what is now the Convocation. A diocesan Synod, was the assembly of the Bishop and Presbyters, to put in execution the canons made by general councils, and to form rules of discipline for themselves. These were in use in England till by the Act of Submission, 25 Hen. VIII. ch. 19, it was made unlawful for any Synod to meet but by royal authority. SYNODALS, or the small payments due to the Bishop, were probably as an honorary token; like that anciently called Cathedraticum, as paid by the parochial Clergy in honour to the episcopal chair, and in token of subjection to it.

(2) If this Act had not inflicted punishment for depraving or not observing the Book of Common Prayer, yet being commanded to be observed, for uniformity of common prayer, and the unity and peace of the Church, the ecclesiastical judge may deprive such Parson, Vicar, &c. as shall deprave or not observe the said book, as well for the first offence, as he might have done by the censures of the Church, if no form of punishment had been inflicted by this Act. Offences against it are punishable by the ecclesiastical law; and therefore, if the ecclesiastical judge deprive for the first offence, it is not to be questioned by the temporal judge. (Coke, Bunting's Case, and 2 Rolls Abr.) Nicholls.

(3) See Canon 122.

(4) This clause as to ornaments, seems to be restrained to the person and life of the Queen, and she having made no alteration in them, they remained at her death the same as they were in the second of Ed. VI. See post, the Rubric immediately preceding the Morning Service; confirmed by 14 Ch. 2. ch. 4. (Nicholls.)

(5) The Kings of this Realm are, by the Statute 26 Hen. 8. and Ed. 1. declared

service void.

XXVI. That all Laws, &c. whereby any other Service, Laws for other Administration of Sacraments, or Common Prayer is established, from thenceforth be utterly void.(6) (See Canon 11.)

and rightfully to be the Supreme Governor of the Church of England; to have full power and authority from time to time to visit, repress, redress, reform, order, correct, restrain, and amend all such errors, &c. which by any manner of spiritual authority, or jurisdiction, ought, or may lawfully be reformed, &c. &c. Agreeable to this power, Henry 8th, Edward 6th, Queen Mary herself, and Queen Elizabeth, severally in their respective reigns did act. (L'Estrange.)

(6) In 1597, the Queen authorized the Clergy, then met in Convocation, to make certain Canons, which she afterwards confirmed under the great seal. Some had been made in 1571, which not being ratified by royal authority, were not found to be obligatory, and even these of 1597, not having in the ratification, the words "her heirs and successors," were only considered as in force during her reign. Wherefore King James, in the first year of his reign, A.D. 1603, issued a new commission by letters patent, to the Convocation then assembled, to consult and agree upon such canons, &c. as they should see necessary; which being concluded upon, and presented to him, he confirmed by proclamation in the same year.

A Convocation of the Clergy is summoned to consider the affairs of the Church, as often as a new Parliament is called. The Convocation of the province of Canterbury has usually been held at St. Paul's; whence it has been prorogued to St. Peter's at Westminster, in Henry the 7th's Chapel, or the Jerusalem Chamber. It is composed of an upper and a lower house ;—the former consisting of 22 Bishops, the Archbishop being President; and the latter of 22 Deans, 53 Archdeacons, 24 Proctors for the Chapter, and 44 for the parochial Clergy; making in the whole 144. In the province of York, held at York, the Convocation consists of one house only; and each Archdeaconry elects two Proctors.

In the year 1711, the Convocation censured the tenets of Mr. Whiston; in 1744, Dr. Samuel Clarke's "Scripture doctrine of the Trinity ;" and in 1717, the obnoxious productions of Dr. Hoadly, Bishop of Bangor, which gave rise to the Bangorian Controversy; but before the proceedings in this latter case were completed, the Convocation was prorogued by a special order from the King.