[3. W.] [4. W.] [Lynd., p. 215.j may be the same with admission (as it is now called) and institution, which differ as the promise and the performance of it*. And he allows that by special privilege or custom mean profits may belong to the ordinary notwithstanding this constitution. 4. For the rooting out of idolatry, that is covetousness, from bishops, we decree that if any one be presented to a church, and there be no canonical opposition, and the clerk presented be not insufficient, let not his admission be delayed above two months: or else let whatever fruits of the benefice have come into the bishop's hands since the presentation be restored to him on his institution. If the archdeacons hinder him that is canonically presented from being * admitted within the time prescribed by the 'council, let the same rule be observed in relation to them: except they can assign a reasonable cause for it when called upon by their superiors. k * It seems plain, and Lyndwood allows, that by admission here you are to understand induction. Lateran at Rome, A. D. 1179, under Pope Alexander III. c. 8t, where six months is the utmost space allowed for the vacancy of a church. 5. If two are presented to the same church, let the custody of it pending the suit be given to neither of them. [According to Lyndwood collation is analogous to presentation (see above, Statuimus, ne prælatus aliquis cum Contulerit. Sc. jure proprio. Differunt namque collatio, præsentatio, institutio, provisio, et alia hujusmodi, de quibus dixi supra. de jurejur. c. 1, ver præsentatus. Esset enim incongruum, ut ille, qui confert ecclesiam jure proprio, aliquid inde sibi retineat; vel pro ejus cui confertur, institutione, vel inductione aliquid exigatur. Esset enim hoc quædam species Simoniæ. Institutione. Quæ collationem sequi debet, sicut alias dicitur in simili, de re judi, c. cum aliquibus. Et est institutio idem quod investitura seu admissio ad beneficium ecclesiasticum; quæ quandoque idem est quod ipsa concessio sive collatio. de conces. præben. c. post electionem. Et quomodo diversis modis sumitur institutio, notatur per Archidia. de præben. c. cum in illis ver. institutione h. 6. Missione in possessionem. Hæc dicitur inductio quæ de jure communi ad archidiaconum pertinet. de offi. Archidia, ad hæc et. c. ut nostrum. Provinciale, lib. iii. tit. 6. p. 137.] + [Conc. Later. iii. c. 8; Concilia, tom. xxii. col. 222.] If the right of collation lapse to the bishop by authority of the council, before the dispute between the two patrons, who have both presented their clerks, is ended; let the bishop give the church to neither of those clerks unless by consent of both patrons; that so neither of their rights be in the least prejudiced, when he hath carried his cause as to the right of patronage*. [And though by canon law the patron being of the clergy has six months time to make his presentation, but if of the laity four months, yet by a statute of the king of England each hath six months+.] This seems a mistake; for I take it to be by custom or common law, not by statute that the lay patron hath six months. n 6. We decree with the general council, that both the [5. W.] nocturnal and diurnal office be celebrated with diligence and devotion, as God gives ability: and that all the sacraments, [Lynd., those of baptism and of the altar especially, be performed with P. 226.] such devotion as God inspires: that the words of the canon, [6. W.] especially of the consecration of Christ's body, be perfectly pronounced. After the priest hath received the Lord's body and blood at the altar, let him not twice drink the wine poured into the chalice, or spilt on his fingers, though [rather he do celebrate again the same day‡. Lateran under Innocent III., A.D. 1216, c. 17 §. The priest was obliged after every mass to have wine poured into the chalice, that so the remains of the sacramental blood might be clean washed out of the chalice; and he was for the same reason to suck or lick his fingers, lest any particles of the sacrament should stick to them, and to drink the wine put in to wash the chalice; but he could not do this if he knew he was to celebrate a second time: for the drinking of the unconsecrated wine broke his fast, though drinking of the consecrated cup • [Ne saltem aliquale præjudicium alteri patronorum videatur generari, et si postmodum jus evicerit patronatus. W. et deest A. C. post si addunt A. C. forte. Lyndwood's text agrees with MSS. A and C.] [Omitted in Wilkins as well as in Spelman and Lyndwood's text.] [Presbyter autem postquam dominicum corpus et sanguinem sumpserit in altari, si in eodem die missarum solennia ipsum celebrare oporteat, iterato vinum calici infusum, vel di gitis superfusum sumere non præsu- Digitis superfusum. Ex hac litera § [Conc. Later. IV. A.D. 1215, cap. 17; Concilia, tom. xxii. col. 1006.] 1 poured over.] [Lynd., p. 269.] [9. W.] [Lynd., p. 63.] did not, and the mass was to be celebrated only by such as were fasting. This I take from Bishop Lyndwood. 7. We forbid any priest to celebrate mass twice on the same day, except Christmas and Easter, or when a corpse is buried in which [last] case the first mass must be that for the day, the second for the dead. 8. We ordain that beneficed clergymen or clerks in holy orders, be not stewards of farms, bailiffs, or seneschals, and so bound to give an account to laymen, 'and especially that they meddle not in causes of blood *. By canon law he that hath undertaken a guardianship, for which he hath not passed accounts, is uncapable of orders. Decretal., lib. i. tit. 19, vide infra. 9. Nor let the causes of blood be tried in churches or churchyards. And we forbid by the authority of the council, all clerks that are beneficed or in holy orders, to write or dictate letters for inflicting of death, or to be present at trials concerning life and death; for they are unworthy of the Church's protection who bring so much scandal to the Church. The general council, says Sir H. Spelman and the Oxford copy; but I believe Lyndwood in the right when he says it was this present council †, yet the same writer well observes that bishops who had a civil power vested in them might grant commissions to their judges who were to sit on life and death. 10. We strictly command parish priests to feed the people with the word of God, as God inspires them with it, lest they be justly thought dumb dogs: and let them remember that they who visit the sick shall be rewarded with the eternal kingdom: therefore let them cheerfully go when sent for to the sick. 11. We ordain that every church have a silver chalice, [Lynd., with other decent vessels, and a clean white large linen cloth P. 249.] for the altar: let the old corporals which were not fit for the altar be put in the place appointed for the relics, or be burnt in presence of the archdeacon (if they are consecrated.) And [p. 52.] let archdeacons take care that the cloths and other ornaments of the altar be decent; that books be fit for singing and reading; that there be* two suits of vestments for the priests and that the attendants at the altar wear surplices, that due esteem be paid to divine offices. 12. We strictly forbid any man to resign his church, [p. 107.] and then accept the vicarage of [the same church] from his own substitute: because in this case some unlawful bargain may well be suspected: let the one of them who presume to do this be deprived of his parsonage, the other of his vicarage. And we judge it absurd that he who is parson of a [p. 141.] church should confer any part of that parsonage to another under the title of a parsonage, unless he first absolutely resign the whole benefice. '[Nor let it be allowed to any [37. W.] one to assign any portion of his church to another, under the title of a benefice, so as that it may be held with another benefice, to which the cure of souls is annexed †.] It may seem strange that any one should choose to be vicar rather than rector; but as there might in some particular cases be other reasons for it, so there was one very apparent one, viz., that the Lateran council under Innocent the Third, 1215 †, had forbid the holding two churches, that is rectories, but not two vicarages, or a rectory and a vicarage. For though the Lateran canon against pluralities was not yet put in execution here, yet the clergy were apprehensive that this would soon be done. 13. To prevent spiritual bigamy, we strictly forbid with [Lynd., p. 134.] consent of the council, that any church be committed to two rectors or parsons: and in churches where there are several parsons, let the portion of those that die accrue to the survivors, till the whole come to one man: nor let two vicarages be in the same church, excepting where the division is ancient. [ad minus, W. and Lynd. text.] [Johnson here follows the arrangement of Lyndwood's text, p. 142; according to the appendix to the Oxford edition of Lyndwood as well as Spel man and Wilkins, the last sentence Conc. Later. IV. cap. 29; Con- [Lynd., p. 131.] [p. 64.] [p. 184.] [p. 108.] [p. 326.] 14. We ordain that no bishop admit any one to a vicarage, unless he be willing personally to minister in the church in which the vicarage is granted him, and be fit within a short time to be ordained priest. If he who has been admitted refuse to be ordained priest, let him be deprived of the benefit of the vicarage. 15. We ordain that churches not worth above five marks a year, be given to none but such as will personally reside and minister in the said churches: let them who do not be deprived by the diocesan, after due admonition. 16. Abundance often breeds neglect, indigence beggary, to the scandal of our order; we therefore, choosing the medium, ordain that an estate which may be let to farm for five marks at least, be assigned to the perpetual vicar, excepting in those parts of Wales where vicars are content with less by reason of the poverty of the churches. Let the diocesan after due consideration had of the value of the church, determine whether the parson or the vicar, or both together, are to bear the charges of the church. Provided still, that the archdeacon be content with one procuration, whether from one or both. 17. We determine that in every church that has a large parish, there be two or three priests according to the largeness of the parish and the estate of the church: lest when one priest is sick or disabled, divine offices and the sacraments of the Church be withdrawn from the parishioners, especially such of them as are infirm. 18. And that the bishop take an oath from the presented clerk, that he has neither given nor promised any thing to the presenter for the presentation; nor entered into any covenant for this purpose, especially if there be any probable suspicion in relation to the party presented*. 19. To prevent the want of confessors, and because some rural deans and parsons are ashamed to confess themselves to their prelates, we ordaint that certain discreet confes [Si tamen ei propter hoc merito videatur suspectus, non admittatur; cum talia manifeste canonicis obvient institutis. W. Johnson's translation agrees with Lyndwood's text.] [Quoniam nonnunquam ob de fectum confessorum, vel quia decani rurales vel personæ erubescunt forte suo confiteri prælato, certum imminet periculum animarum; volentes huic morbo mederi, statuimus, W.; Lyndwood's text is to the same effect.] |