Imágenes de páginas

131. Procuratores, inconsulto advocato, in causa concludere prohibiti. 132. Procuratorium in causis testamentariis juramentum prohibitum. 133. Procuratorum vox importunior in curiis cohibita.

(XII) De registrariis.

134. Registrariorum excessus coerciti.

135. Feodorum, quae juris ecclesiastici administris debentur, census debet esse statarius.

136. Statarius feodorum census in tabulas relatus, publice in
consistoriis et archivis proponendus.

137. Feoda pro ordinum literis, aliisque licentiis episcopo exhibendis, tantum dimidia, praeterquam in prima episcopi visitatione,


(XIII) Apparitores.

138. Apparitorum excessus coerciti.

(XIV) Auctoritas synodorum.

139. Synodus nationalis, ecclesia repraesentativa.

Quisquis de caetero affirmabit, sacrosanctam hujus nationis synodum in Christi nomine, ac de regis mandato congregatam, non esse repraesentative veram ecclesiam Anglicanam, excommunicetur; nequaquam absolvendus, priusquam resipuerit, et impium hunc errorem publice revocarit.

140. Synodi acta tam absentes, quam praesentes obligant.

141. Synodi auctoritati derogantes, coerciti.

Quisquis de caetero affirmabit, dictam sacram synodum, congregatam ut supra, fuisse coetum ex talibus conflatum, qui in pios et religiosos evangelii professores conspirabant, ac proinde tum ipsos, tum ipsorum acta in canonibus sive constitutionibus circa causas ecclesiasticas ex regis auctoritate, ut praedictum est, condendis ac sanciendis rejici, ac contemni debere, quantumvis eaedem per dictam potestatem regiam, ac supremam ejusdem auctoritatem ratihabitae, confirmatae, ac injunctae sint, excommunicetur; haudquaquam absolvendus, priusquam resipuerit, ac impium hunc errorem publice revocarit.

XIII. Examples of instruction to and commission of a rural dean in the 19th century.

1. Instruction to the rural deans of the diocese of Canterbury, 1833.*

The rural dean is required to visit once in the year at such time as shall be appointed by the archdeacon the several parishes within his deanry; and to make a return to the archdeacon, for the information of the archbishop, in regard to the several particulars hereinafter mentioned:

The condition of the churches, chapels, chancels and churchyards; and the books, ornaments, and utensils, thereto belonging.

The preservation of the parish registers, the making due entries therein, and the regular transmission of the annual return, to the registry at Canterbury. The due performance of Divine Service in the church; the administration of the Lord's Supper; and the average number of communicants.

The residence of the curates of non-resident incumbents; the state of the

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national or parochial schools; and in general, the education of the poor, in connexion with the established church.

The state of the houses, buildings and glebe-lands, attached to benefices; including all additions to, or alterations, decays, or dilapidations, in, the premises.

It will be advisable that the rural dean should request some beneficed clergyman, residing in the deanry, to assist him in his visitation.

The rural dean is also required to give information to the archdeacon of the avoidance of any benefice within his deanry, and of the measures to be taken to secure the performance of the parochial duties during the vacancy; and also to report to him, as occasion may require, on all matters concerning the church or the clergy, which the ordinary ought to know.

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2. Rural Dean's Commission, as now used in the diocese of Salisbury. A, by Divine Permission Bishop of Salisbury, to our well beloved and reverend brother Clerk of in the portion of the Deanery of and our Diocese of Sarum Greeting. Whereas We have thought fit upon mature consideration to continue the ancient authority and use of Rural Deans, in order that by persons of the best ability and integrity in each of the ecclesiastical divisions called Deaneries, we may be regularly and fully informed of the condition in which all things are in all parts of our said Diocese. We, therefore, having a good account and opinion of the piety and learning, and confiding in the diligence and prudence of you the said do by these presents constitute and appoint you to be Rural Dean of the portion of the Deanery of... aforesaid, during our will and pleasure, requiring of you to observe, inquire into, and report to Us, all things and persons within all the Parishes of the portion of the said Deanery to you assigned, concerning which it may be proper for Us or useful to our Diocese that we should have information. And in order that you may be prepared to make the said reports to Us intelligently and upon sure grounds, We do especially desire, charge, and empower you on our behalf to visit personally and examine every Church, Chapel, Chancel, Church and Chapel-yard, with the books, ornaments, and utensils thereto belonging, and the glebe-house, buildings, and lands of the Incumbents, with their fences, and boundaries within the aforesaid portion of the said Deanery, according to the tenor of the Articles of Inquiry sent to you from time to time. And We further enjoin you after such examination made, to leave in writing under your seal and signature an order at each place specifying the things which you shall judge wanting to be repaired, amended or done there, and at the end of the said order to require that every such paper be, by such a limited time as you shall think proper, returned to you, with a certificate at the bottom of it, signed by the Minister and Church or Chapel-wardens, that all things are prepared and done according to what is therein directed. And We also authorize you once in every year, and at any other time when you may see occasion so to do to inspect the charitable foundations as well as National or other Schools, and Parochial Libraries in connexion with the Established Church within the aforesaid portion of the said Deanery, and to supply us with such information respecting their actual state and management as our queries may demand or your judgment suggest: And We likewise give you full power to examine the Licences of all Stipendiary and Assistant Curates officiating within your jurisdiction, and desire that you will give immediate notice to Us of any who shall officiate as Curates without being duly licenced. And we also desire you to call the Clergy of the aforesaid portion of the said Deanery together whenever we shall appoint you so to do, and diligently to disperse such orders as shall be sent to you for that purpose.

And furthermore, We require you, as soon as the avoidance of any living within the aforesaid portion of the said Deanery shall have come to your knowledge, to notify the same to Us in order that due inquiry may be made into the state of the vacant benefice, and sequestration issued out of the Ecclesiastical Court.

And especially We enjoin you to report unto Us all undue disposal of Church Property in the hands of Churchwardens, and to require that in every Parish a distinct Churchwardens' Book be kept, and in it an entry made of all the moveable Church Property entrusted to the care of those officers.

And lastly, We desire with the view to our being regularly supplied with the information required upon all the foregoing matters, that you will carefully fill up, with particular and distinct answers under the name of each Parish, the several queries contained in your Articles of Inquiry (with which we will cause you from time to time to be supplied) subjoining thereto such additional observations as you may think needful, and that you will with all convenient speed transmit the same under your seal and signature to Us at our Palace at Sarum, to the intent that we may take such measures as the circumstances of the several returns and the general welfare of our Diocese may require.

In doing of all which things faithfully you the said Rural Dean will very much assist us your Bishop in the discharge of the great duty incumbent upon Us.

In Witness whereof We have caused our seal which we use in this behalf to be to these presents affixed.

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year of our Consecration.

XIV. Conspectus of literature.

I. Collections of documents.

1. Documents issued mainly by ecclesiastical authorities. Athon (Actona), see Lyndwood.

Cardwell, Edward. Documentary annals of the Reformed Church of England; being a Collection of Injunctions, Declarations, Orders, Articles of Inquiry etc. from 1546 to 1716. Oxford, 1839. 2 vols. Ditto. Synodalia, a collection of Articles of Religion, Canons and Proceedings of Convocations in the Province of Canterbury from 1547 to 1717, with notes historical and explanatory. Oxford, 1842.

Haddan, Arthur West, and Stubbs, William. Councils and Ecclesiastical Documents relating to Great Britain and Ireland. Oxford, 1869 ff. 3 vols. (Relates only to the early middle age. The third volume, concerning

England proper, comes down to the year 870.) Johnson, John. A collection of the Laws and Canons of the Church of England from its first foundation to 1519. Translated into English with explanatory notes. London, 1720. New Ed., Oxford, 1850. 2 vols. Lyndwood, Gulielmus. Provinciale seu Constitutiones Angliae, continens Constitutiones Provinciales XIV archiepiscoporum Cantuariensium, viz. a Stephano Langtono ad Henricum Chichlerum (glossed by Lyndwood; completed in 1433, printed for the first time at Oxford about 1470-80). Last Ed., Oxford, 1679.-Cui adiiciuntur constitutiones Legatinae Dom. Othonis et Othobonis (glossed by John of Actona. In the gloss., p. 129, to Quod habita possessione he mentions Johannem de Stratford nuper Wintoniensem Episcopum, jam vero Cantuariensem ford became archbishop of Canterbury in 1333. Cf. J. Brownbill in The Antiquary, XXIV, 164). -1 vol. Sparrow, Anthony. A Collection of Articles, Injunctions, Canons, Orders, Ordinances, and Constitutions Ecclesiastical, with other Publick Records of the Church of England (from the years 1547-1640). London, 1661.

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4th Ed., London, 1684. Spelman, Henry. Concilia, Decreta, Leges, Constitutiones, in Re Ecclesiarum Orbis Britannici ab initio Christianae ibidem Religionis, ad nostram usque aetatem. Intended to be completed in 3 vols. There appeared vol. I (down to 1066), London, 1669; vol. II (edited by the grandson, Charles Spelman, coming down to 1530), London, 1664.

Wilkins, David. Concilia Magnae Britanniae et Hiberniae. Accedunt constitutiones et alia. London, 1737. 4 vols.

For the letters of the popes, with Philipp Jaffé, Regesta Pontificum Roman

orum (years 64-1198), 2nd Ed. (edited by S. Löwenfeld, F. Kaltenbrunner, P. Ewald), 2 vols., Leipzig, 1885, and August Potthast, Regesta Pontificum Romanorum (years 1198-1304), 2 vols., Berlin, 1873--5, is to be compared W. H. Bliss, Calendar of Entries in the Papal Registers relating to Great Britain and Ireland (as yet only 1 vol. has appeared, 1893, embracing the years 1198-1304; the papal registers are incomplete).

[On the date of the extant archiepiscopal and episcopal registers in England (the oldest beginning in 1218) see Stubbs, Const. Hist. I, 680, note 4 c 13 § 166; Raine, Introduction to Rer. Brit. Scr. No. 61; Martin, Rer. Brit. Ser. No. 77, vol. I p. xli.]

2. Documents issued mainly by civil authorities.

(a) Collections of laws.

Record Commission (B. Thorpe). Ancient Laws and Institutes of England; comprising laws enacted under the Anglo-Saxon Kings from Aethelbirht to Cnut with an English Translation of the Saxon; the Laws called Edward the Confessor's; the Laws of William the Conqueror and those ascribed to Henry I: also Monumenta Ecclesiastica Anglicana, from the 7th to the 10th century; and the ancient Latin version of the Anglo-Saxon Laws. With a compendious glossary. 1840. 2 vols.

Schmid, Reinhold. Die Gesetze der Angelsachsen. In the original language with translation, explanations and a glossary. 2nd Ed. Leipzig, 1858. 1 vol. [Supplementary thereto: Liebermann, Zu den Gesetzen der Angelsachsen, in the Zeitschrift der Savigny-Stiftung, vol. V (Weimar, 1885), Germ. Abtheilung, pp. 198 ff.]

Record Commission (Tomlins, Raithby, Caley, Elliott). Statutes of the Realm. London, 1810-32 (a collection of royal charters from 1100 and of the English statutes from the middle of the thirteenth century to 1714, exclusive of parliamentary ordinances during the first revolution and of Cromwell's ordinances. According to the introduction, p. 31, only the laws printed in earlier collections and the principal of the other enactments recorded with certainty are admitted; and it is expressly stated that any Decision upon the Degree of Authority, to which any new Instrument may be entitled, as being a Statute or not, is entirely disclaimed. For the 12th and 13th centuries see, as supplementary, especially Stubbs, Select Charters. Scobell, Henry. A Collection of Acts and Ordinances of general use, made in the Parliament begun and held at Westminster the 3rd of Novbr. 1640 and since, unto the Adjournment of the Parliament begun and holden the 17th of September 1656 (adjourned on 26th June, 1657), and formerly published in Print, which are here printed at Large with Marginal Notes, or (when of less interest) Abbreviated. London, 1658. (Contains also titles of earlier printed acts and ordinances belonging to the time in question, which are not here included even in shortened form.) more complete collection relating to the time of the first revolution is a desideratum.


For the time since 1714 there are several private collections, e.g. those of Danby Pickering, with continuations, and Edlyne Tomlins. For the years 1870 ff. see the official Public general Statutes.

(b) Parliamentary proceedings in early times.

Rotuli Parliamentorum ut et Petitiones et Placita in Parliamento. 6 vols. (Vol. 1: Ed. I and II; vol. 2: Ed. III; vol. 3: Ric. II and Hen. IV; vol. 4: Hen. V and VI; vol. 5: Hen. VI and Ed. IV; vol. 6: Ed. IV, Ric. III and Hen. VII.)

Cf. also Charles Henry Parry, The Parliaments and Councils of England, chronologically arranged from

1839. See, further, Parry's preface.

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William I

(c) Miscellaneous.

to 1688.


Birch, Walter de Gray. Cartularium Saxonicum, A collection of charters relating to Anglo-Saxon History. London. Appearing in numbers from

1883. Three vols. (years 430-975) have appeared. (Contains the documents also printed in Kemble and Thorpe; gives genuine and spurious documents, purposely abstaining from passing judgment thereon, and reserving this subject to a table at the end of the work.)

Kemble, John Mitchell (English Historical Society). Codex Diplomaticus Aevi Saxonici. London, 1839-48. 6 vols. With which compare:Thorpe, Benjamin. Diplomatarium Anglicum Aevi Saxonici. A Collection of English Charters, from the Reign of King Aethelberht of Kent, 605, to that of William the Conqueror with a translation of the Anglo-Saxon.

London, 1865. (Chiefly after Kemble, with a few additions.) Prynne, William. An exact chronological vindication and historical demonstration of our British, Roman, Saxon, Danish, Norman, English kings supreme ecclesiastical jurisdiction 3 vols. London, 1665-8. Usually quoted as Prynne, Records. (Contains numerous documents reprinted. Vol. I: ancient times to 1199; vol. II: 1199-1272; vol. III: 1199-1307.) Rymer and Sanderson. Foedera, Conventiones, Litterae et cuiuscunque generis Acta publica inter Reges Angliae et alios quosvis imperatores, reges, pontifices, principes vel communitates ab anno 1101 usque ad 1654. (Appendix: Letters of Queen Mary of England.) 20 vols. London, 1704-35.-Second edition, London, 1727-35. 20 vols.-Third edition, Haag, 1740-45. 9 vols, and a 10th containing Index and Abrégé Historique des Actes Publics d'Angleterre.-Fourth edition (for the Record Commission), London, 1816-30, 3 vols. (1066-1377). Vol. I, 1: Wilh. I-Hen. III; vol. I, 2: Ed. I; vol. II, 1: Ed. II; vol. II, 2: Ed. III 1327-44; vol. III, 1: Ed. III 1344-61; vol. III, 2: Ed. III 1361–77. The new edition was then discontinued, and only the already completed part of vol. IV, containing documents from 1377-83, published. See Hardy, Thomas Duffus. Syllabus of the Documents relating to England and other Kingdoms contained in the collection known as Rymer's Foedera.' London, 1869. 2 vols. and a supplement. (Contains accounts of the several editions of Rymer, short chronological notices of the documents and supplementary matter.)

Record Commission (Henry Cole). Documents illustrative of English History in the 13th and 14th centuries, selected from the Records of the Department of the Queen's Remembrancer of the Exchequer. London, 1844. Stubbs, W. Select charters and other illustrations of English constitutional history. 4th Ed. Oxford, 1881. 5th Ed. Oxford, 1884.

II. Church history.

1. Chronicles.

A view of the separate editions and collections of English chroniclers which were printed up to the end of the 18th cent. and of their contents will be found in Monumenta Historica Britannica I, 3 ff., edited by Petrie, Sharpe, Hardy. 1848. A complete account of the materials for the earlier history of England is given by Thomas Duffus Hardy, Descriptive Catalogue of Materials relating to the History of Great Britain and Ireland (Rer. Brit. Scr. No. 26). In vol. I (pt. 2) pp. 681 ff. a list is given of the materials printed up to 1862 (in some cases going beyond the limit named, viz. the end of the reign of Henry VII), the editions being specified. This catalogue now needs supplementing, especially from the collection of Rerum Britannicarum Medii Aevi Scriptores (from No. 27 onwards); see under c. Cf. also F. Liebermann, Über ostenglische Geschichtsquellen des 12., 13., 14. Jhdts., besonders den falschen Ingulf, 1893 (in Neues Archiv der Gesellschaft für ältere deutsche Geschichtskunde, XVIII, 225 ff.)

(a) The most important of the older collections of chronicles are:

1. Rerum Britannicarum Scriptores vetustiores. Heidelberg, 1587.

2. H. Savile. Rerum Anglicarum Scriptores post Bedam praecipui. London, 1596, Frankfurt, 1601.

3. G. Camden. Anglica, Normannica, Hibernica, Cambrica. Frankfurt, 1602.

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