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., consent of the council, that any church be committed to two P. 134.] 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 ordain† 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 persona erubescunt forte suo confiteri prælato, certum imminet periculum animarum; volentes huic morbo mederi, statuimus, W.; Lyndwood's text is to the same effect.] sors be appointed by the bishop with the assistance of the archdeacon, to take the confessions of deans, parsons, and priests. In cathedrals where there are secular canons let them confess to the bishop or dean, or to the confessors assigned them by the bishop, dean and chapter. 20. We ordain that rural deans presume not for the [Lynd., future to hear matrimonial causes: but that the examination P. 79.] of them be committed to discreet men, who are to be coassessors, when the sentence is passed, if conveniently it may be. Lyndwood affirms that the dean of the arches has not this power, except by special commission; yet he owns, if they had a perpetual title to their places they might for then they were removeable at pleasure, but now they are for life t. 21. We forbid with the terror of anathema, any one to [p. 308.] retain robbers in his service for committing robberies, or knowingly to let them dwell on his lands. Lyndwood here produces the opinion of canonists who affirm that such threats of anathema may bind, that is excommunicate, or lay under excommunication the offender, upon supposition that it was the intention of them that pronounced it actually to bind them. 22. That archdeacons may not be burdensome to the [p. 219.] churches subject to them, we strictly forbid them to exceed the number of horses and men prescribed by the general "council, and to invite strangers to the procuration made for them on account of their visitation (though the rector may invite any that he pleases, in honour to the archdeacon ‡.) And for this reason we forbid the archdeacons to hold their chapters in the church that is visited on the visitation day, except it be in a borough or city. [Johnson omits, Quoniam in causis matrimonialibus magna est discussio (discretio A, B. Lynd. gloss. and Lynd. app.) necessaria, unde periculosum est eas a simplicibus tractari, S. W. Lynd. app. The same preface is quoted in Lyndwood's gloss, Provinciale, p. 79, ad verb. Et infra.] [Intellige id quod hic dicitur, audire non præsumant scilicet ratione officii sui, vel prætextu alicujus consuetudinis; nam cum tales decani rurales non sint perpetui, et quicquid faciunt non suo sed alieno nomine fa- [Johnson omits, Sed ipsi archi- "See council of Hubert Walter, archbishop of Canterbury, A.D. 1200, can. 5. * Here Lyndwood) observes that the visitor might lodge and take both dinner and supper with the visited incumbent, and not more. 23. We strictly forbid archdeacons to extort a procuration y without reasonable cause, but on the day in which they personally visit the church, and that they do not squeeze money from the church as a fee or ransom for not visiting*. a ▾ A reasonable cause of visiting by another is infirmity, says Lyndwood. 24. That archdeaconries and deaneries, which consist merely of spiritualities, be not let to farm; but if any estate be annexed to the office, that may be farmed out +. And we ordain the same as to other benefices. If any archdeacon or dean be convicted of transgressing this decree, let him be wholly suspended from his office by the bishop for a year, and let another be substituted, who may with more discretion supply his place. 'Such as Shoreham, Croydon, &c. If, says Lyndwood, the archdeacon allow a certain sum by the year to his official, on condition that the official be answerable to him for the whole profits, this is lawful; but if he let it on condition that the official pay him a certain sum by the year, and keep the rest to himself, this is forbidden. 25. Let archdeacons take care in their visitations that the canon of the mass be correct; and that the priest can rightly pronounce (at least) the words of the canon, and of baptism, and that he knows the true' meaning of them: and let them teach laymen in what form they ought to baptize in case of necessity, in some language or other. And let them look diligently, according to the general council, that the host2, the chrism, and holy oil be kept under lock and key. And let them have all the ornaments and utensils of the church set down in writing: and let the books and vestments be viewed by them every year; that they may know what additions are made by the parson's diligence, 'or what the church hath lost ‡. d [In Wilkins this is appended to Const. 22.] t[de superioris licentia, S. W. Lynd.] [Vel quæ tempore intermedio per malitiam vel incuriam deperierint. Item provideant de possessionibus ec ⚫ Here Lyndwood affirms that archdeacons have of common right power to visit by way of enquiry, but they have no power of correction without custom, except for slight matters. ⚫ Lateran, A.D. 1216, under Pope Innocent the Third, c. 20*. That is, says Lyndwood, every year in which they visit, for in Lyndwood's time the archdeacon's visitation was triennial, but in the time of making this constitution it was undoubtedly annual: they were now bound to visit triennially, but might do it oftener, if they saw occasion. e We forbid archdeacons, deans, and their officials to levy [Lynd., taxes, or make exactions on their subjects. p. 221.] 26. We decree that archdeacons, and their officials, pub- [25. W.] lish the sentence of excommunication, suspension, or inter- [Lynd., p. 548.] dict against none without canonical warning, unless where the excess be manifest. Let him that excommunicates any one otherwise, be subject to the punishment declared by the Lateran council; for suspending or interdicting, let him be punished at the discretion of his superior: and let the superior prelates observe this. • Lyndwood observing here the difference between those who unduly pass sentence of excommunication, and those who unduly pass sentence of suspension and interdict, makes this farther reflection concerning the agreement and differences between the sentences themselves, which seems to me very instructive: first, says he, they agree in ten points. 1. That the sentences must be pronounced e scriptis. 2. A preceding appeal protects the appellant from any of these sentences. 3. None under any of them ought to celebrate. 4. A preceding admonition is necessary in each case. 5. An oath [to submit to the Church] is necessary to obtain absolution, by way of precaution, and upon such oath absolution is so granted in each case. 6. Each sentence is to be observed by superiors (though passed by inferior ordinaries.) 7. Because none under either sentence can elect or be elected, or give testimony. 8. That nothing ought to be determined in any matter relating to these sentences, without citing the adverse parties. 9. Because the special sons of the apostolical see (that is some particular friars, and exempt regulars) are not subject to these sentences (I suppose he means, except they are inflicted by the pope himself.) 10. They are all called by the name of ecclesiastical censures. They differ in nine points. 1. With one suspended or interdicted it is lawful to communicate, without a special prohibition, but not with an excommunicate. 2. Because in strictness the man is excommunicated, or suspended, the place is interdicted. 3. Because the effect of excommunica clesiarum, ut ita singulis annis possint prospicere, ne ecclesia suo jure defraudetur, S. W. So Lyndwood's text, except 'imperitiam' for 'incuriam,' and proficiant' for 'possint prospicere.'] [Conc. Later. IV., A.D. 1215, cap. 20; Concilia, tom. xxii. col. 1007.] |