A new history of ecclesiastical writers containing an account of the authors of the several books of the Old and New Testament, of the lives and writings of the primitive fathers, an abridgement and catalogue of their works ... also a compendious history of the councils, with chronological tables of the whole / written in French by Lewis Ellies du Pin.

CHAP. VI. (Book 6)

Of the Councils held during the Thirteenth Century.

THere is scarce any Age wherein more Councils were held in the West, and wherein more Laws, Constitutions and Ordinances were made, than in this, of which we are giving you an History. * 1.1 The Popes, Arch-Bishops and Bishops, were all in a particular manner engag'd in reforming the Church, in regulating the Manners and Conduct of Ecclesiasticks, and in informing them of their Duties. This is the Subject matter of most of the Canons and Ordinances of the Councils and Synods held in this Century. Therein the manner how the Clerks ought to be habited, and the Life they ought to lead, are adjusted; the Luxury and the Disorders of several are Condemned with the utmost Severity. Therein they have a great many Instructions about the Administration of the Sacraments, the Celebration of Mass, and the Ceremonies of the Church. There the Bishops, Priests and the o∣ther Clergy are inform'd of their Functions and Office. Therein Plurality of Benefices is Prohibited, and Residence Enjoyn'd and a great many Proviso's made about the Collation of Benefices. Therein a great many Laws are Enacted relating to Ecclesiastical Causes, and to prevent the Abuses which se∣veral made of the Commissions they took out of the Holy See. Therein are Renew'd and Confirm'd the Privileges and Immunities of the Clergy, and the Penalties inflicted on those who offer any Vio∣lence to their Persons or Estates, or seise upon their Tithes. Therein new Methods are found out to Punish Hereticks, and to support the INQUISITION lately set up. Therein Sorcerers and Usurers, are Condemned. Therein all the Faithful are enjoyn'd to be present at the Parochial Mass on Festivals and Sundays, and to confess themselves and receive the Communion at least once a Year. These are the Principal Matters treated of in the Canons of the Councils of which we are going to give you a Particular Account according to the Order of Time wherein they were held.

The Council of Sens in the Year 1198.

MIchael Corbeil, Arch-Bishop of Sens, being come to the Town of La Charité, at the instance of the Bishop of Auxerre, whether the Bishops of Nevers and Meaux were likewise come, and having * 1.2 made enquiry what Hereticks there were in that Place, they found that Reginald Abbot of Saint Mar∣tin at Nevers, and the Dean of the Cathedral Church of that City were accus'd of Heresie, and that there were a great many Accusers and Witnesses against them. They Suspended them, and Cited them to Auxerre, where they made their Appearance. The Abbot would not make his Defence, but appeal'd to the Holy See before his Process was drawn up. The Arch-Bishop of Sens without regard∣ing this Appeal, continu'd the drawing up his Process, and cited him to the Council which was to be held at Sens. The Tryal of the Dean was likewise referr'd to that Council, that so they might have time to receive the Depositions of Witnesses on both sides.

The Council was held at Sens in the Year 1198, and the Bishops of Troyes, Auxerre and Nevers were there present. The Abbot of St. Martin appear'd before these Prelates, and endeavour'd to make his Defence; but seeing his Affair was like to have no success, he renew'd his Appeal. Tho' it was against all Form, and the Bishops were not oblig'd to take any notice of it; yet they would not pronounce any thing against him upon the account of Heresie, but condemn'd him for other Crimes whereof he stood Convicted, and for the Scandal he gave, and depos'd him for ever. They afterwards sent to the Pope the Depositions drawn against him; which imported, that he had asserted, That the Body of Jesus Christ went into the Draught, and that all Men would one day be saved.

As to the Dean, there were not Evidences strong enough to Convict and Condemn him, but since there were a great many Presumptions against him, because of his intimacy with Hereticks; they would not give him Absolution, but sent him to Rome, Innocent III. after he had heard him, and examin'd his Process, order'd that he should clear himself by the Testimony of Fourteen Witnesses, and wrote

to the Arch-Bishop of Sens, that he would admit him to clear himself, and restore to him his Be∣nefice after he had done it. The Abbot of St. Martin having likewise remov'd his Cause to Rome, the Pope referr'd him to Peter, Cardinal of St. Mary his Legate in France, and to Odo Bishop of Paris. We are inform'd of this Piece of History by the Letters of Innocent III. and by the Chronicon of Auxerre, wherein 'tis said, that those two Hereticks were of the Sect of the Poblicans.

The Council of Dalmatia, in the Year 1199.

TWo Legates of Pope Innocent III. in Dalmatia, one of whom nam'd John, being only a Chaplain, * 1.3 and the other call'd Simon a Sub-deacon, made Twelve Orders for the Clergy of that Kingdom, wherein they prohibited Simony, renew'd the Law of the Celibacy of Ecclesiasticks, fix'd the Times of Ordinations and the Intervals betwixt them, approv'd of the Ancient dividing of the Church-Re∣venues into four Parts, enjoyn'd the Secrecy of Confession, provided for the security of Ecclesia∣sticks by declaring those Excommunicated who abus'd them, and by prohibiting them from being carry'd before secular Judges; prohibited Marriages between Relations to the Fourth Degree; enjoyn'd Clerks to have the Clerical Tonsure; condemn'd the Laicks who collated Benefices, and those who re∣ceiv'd them from their Hands; excommunicated those who retain'd the Treasures of the Church, and such who left their Wives; prohibited Bastards from being admitted into Holy Orders, and for∣bad the Ordaining any one who was not full Thirty Years Old.

The Council of London in the Year 1200.

HUbert Arch-Bishop of Canterbury call'd a Council at London in Westminster-Castle against the Prohi∣bitions * 1.4 which the Earl of Essex Lord Chancellor of England had made, wherein he Publish'd se∣veral Injunctions.

By the First he orders, That the Words of the Canon of the Mass shall be pronounc'd distinctly and sincerely by the Priests, without relying too much upon them.

In the Second, He prohibits Priests from saying two Masses a day without urgent Necessity, and when a Priest shall be oblig'd to Celebrate twice, he enjoyns that after the first Celebration he shall take care to drink up what is left in the Chalice, to wipe his Fingers, to wash them, and to take care to have Water to Wash after the Second time of Celebrating, at least that there should not be any Deacon or any other Minister assisting at the first Celebration, who should be capable of this Ablution. He likewise Orders, That the Eucharist shall be kept in a proper and decent Box, and shall be carry'd to the Sick, cover'd over with a White Cloth, a Taper and Cross being carry'd before it; and that it shall not be given but in publick, and only to those who desire it.

The Third imports, That such Children as are expos'd shall be Baptiz'd; that no Person shall be presented to Confirmation by his Brother, by his Mother, or his Uncle, or his Mother-in-Law; and that Deacons shall not Administer Baptism, or enjoyn Pennance, unless in case of necessity.

The Fourth enjoyns the Priests in inflicting of Pennances to consider the Circumstances and the Qualities of the Sins, and the Condition of the Persons, and to take care not to impose any Pennance which may discover the Crime; as for instance, not to make a Woman suspected by her Husband. He prohibits Priests who have fall'n into any Sin to approach the Altar to Celebrate Mass before they have confess'd their Sins. And Lastly, He Orders, That the Priests should not enjoyn the Laicks as a Pennance, to Order so many Masses to be said for them. The other Constitutions of this Council, are taken out of the Lateran Council under Alexander III.

The Council of Lambeth, in the Year 1206.

IN the Year 1206, Stephen of Langton, Arch-Bishop of Canterbury, held a Synodal Assembly at his * 1.5 Palace of Lambeth, wherein he made Three Institutions: The First, about the Right of Mortmain which was paid to Churches: The Second against Drunken Clubs; and the Third to prohibit Priests from saying above one Mass a day, except in the Christmass or Easter Holy-days, or when a Curate is oblig'd to bury a Corps in his Church, in which Case, he who celebrates ought not to receive the Ablution but at the last Mass.

The Constitutions of Cardinal Gallo, drawn up in the Year 1208.

GAllo Cardinal Deacon of St. Mary's, who liv'd under the Pontificate of Innocent III. and was sent * 1.6 by that Pope as his Legate into France, has left us several excellent Constitutions about the Behavi∣our of the Clergy drawn up in the Year 1208.

In the First, he condemns all the Priests and other Ecclesiasticks who kept in their Houses suspicious Women, excepting those Clerks who were of the Minor Orders, who might marry, but not hold their Benefices with their Wives. He orders, That the Ecclesiasticks should be admonish'd not so much as to keep their Mothers, or their Wives, or any of their Nearest Relations in their Houses.

In the Second he prohibits under pain of Excommunication, the demanding any thing for Baptism, Burial, Benediction, and the rest of the Sacraments of the Church; and yet he allows, that Laicks should be admonish'd not to refuse out of a Motive of Avarice, what the Faithful were us'd to give out of Devotion to testifie the respect they bore to the Sacraments.

The Third and Fourth prohibit the Clergy and Beneficed Persons from wearing red Habits, or such as were made in the fashion of the Laicks Habits.

The Fifth prohibits Monks from wearing sumptuous Robes, or of any other Colour than Black.

The Sixth prohibits the Clerks and Monks from being Usurers or Merchants under the Penalty of Excommunication.

The Seventh enjoyns the Superiours to put these Constitutions in Execution.

The Eighth and Ninth import, That they shall admonish the Scholars to observe them, and if they will not, then they shall be declar'd Excommucate by the Chancellor, who shall have no correspondence with them till they have made satisfaction, and receiv'd Absolution from the Bishop, or in the Bishop's Absence from the Abbot of St. Victor. Lastly, He enjoyns the School-masters to explain these Consti∣tutions themselves. These last Articles shew, that these Orders were made at Paris.

The Council of Avignon in the Year 1209.

IN the Year 1209, Hugh Raymond Bishop of Riez, and Milo Legates of the Holy See, held a Coun∣cil * 1.7 at Avignon the 6th of September, at which were present the Arch-Bishops of Vienna, Arles, Ambrun and Aix, with Twenty Bishops, several Abbots and several Curates. There they made these following Constitutions.

By the First, Bishops are enjoyn'd to Preach the Word of God, and cause it to be Preach'd in their Diocesses.

The Second imports, That the Bishops shall make use of Censures (if occasion require) to oblige the Earls, Lords and other Persons to swear, That they will extirpate the Hereticks, and turn the Jews out of all manner of Offices.

The Third, That Usurers shall be Excommunicated.

The Fourth, That the Jews shall be hinder'd from exacting Usury, from working on Sundays, and from eating Flesh on days of Abstinence.

The Fifth, Orders the paying of Tithes to the Ecclesiasticks, and forbids the Alienation of them.

The Sixth Prohibits unjust Exactions and Taxes, made by the Lords without the Authority of the Prince; and Orders, That the Territories of those Lords who exact them shall be interdicted.

The Seventh prohibits Laicks under Pain of Excommunication, from exacting any Taxes from the Clergy, and from seizing upon the Estates of Bishops or Ecclesiasticks after their Death.

The Eighth likewise Prohibits the Laicks from intermeddling with the Elections, or from hinder∣ing the freedom of them.

The Ninth, Prohibits the Building of Churches Fortify'd with Castles, and enjoins the Fortifications of such as have them, to be Demolish'd, except such as are necessary for the Repulsing the Pagans.

The Tenth, Confirms the Laws made for the preservation of Peace, and condemns the Arragonese, the Barbanzonese and Routiers, who disturb it.

The Eleventh, Enjoins the Ecclesiastical Judges, speedily and with Resolution to Dispatch the Causes which shall brought before them.

The Twelfth, is against the forwardness of some in taking off an Excommunication or Interdiction. 'Tis declared according to a Decretal of Pope Innocent III. That no Excommunication made for some Dammage done, shall be taken off, till such time as the Excommunicate Person shall Swear to make Reparation; and if it be for having committed a default in Judgment, till such time as he like∣wise Swear to appear before the Judge

The Thirteenth, Contains a new Law against Perjured Persons, by which the Absolution of those who are guilty of that Crime, is reserv'd to the Pope, as well as the Absolution of Sacrilegious Per∣sons and Incendaries.

The Fourteenth, Renews the Law of the Lateran Council to oblige the Collators of Benefices to Present within Six Months.

The Fifteenth, Prohibits Bishops, Abbots, and other Superiors from allowing the Monks to hold any thing by way of Property; and the rather, because the Pope himself cannot allow it, as Inno∣cent III. has declared in one of his Decretals.

The Sixteenth, is against those who exercise any Violence, and take Men by force.

The Seventeenth, Prohibits the allowing of Dancing in Churches on the Vigils of Festivals, or the singing of Profane Songs.

The Eighteenth, is about the Habits of Monks; it is order'd, That the Monks shall have such an Habit and Tonsure as is conformable to their State, that their Cloths shall be of plain Stuff, of a modest Colour, and with Sleeves. And with respect to Seculars, that they shall have a Coronet, and close Habits, but neither Red, nor Green, nor made with Silk.

The Nineteenth, imports That the Superiors and the other Clergy, shall be promoted to Holy Or∣ders according to the Mandamus of their Bishop; and that those that are in Holy Orders, shall not engage themselves in Civil Offices, nor make Cabals.

The Twentieth, Declares the Relations to the Fourth Degree of those who Murder'd Peter of Chateauneuf Legate of the Holy See, and Geofrey Canon of Geneva, incapable of holding Benefices.

The Last, is an Injunction to the Arch-Bishops and Bishops, to take care that the foregoing Con∣stitutions be observ'd.

The Council of Paris, in the Year 1212.

RObert Corceo Cardinal and Legate of the Holy Sea, Held a Council at Paris, in the Year 1212. * 1.8 wherein he publish'd several Constitutions, relating to the Life, Manners and Conduct of Ec∣clesiasticks, which are divided into Four Parts: The First contains those which relate to the Secular Clergy; the Second, those which relate to the Regulars; the Third, those which relate to the Nuns, Abbesses and Abbots; and the Fourth, those which concern the Arch-Bishops and Bishops.

1. He orders the Secular Clergy to be Modest in their external Behaviour, to wear their Hair cut round, to abstain from frequent and dangerous Conversations in the Church or in the Choir, from useless walking in the Fields, and not to depart the Choir during Divine Service.

2. He forbids any Distributions to be made to those who are at the beginning and end of the Service, and are absent in the middle.

3. He prohibits the Clergy from keeping Hounds or Hawks, and having magnificent Equipages.

4. He prohibits them from having Women in their Houses.

5. He enjoins them to be submissive to their Superior, to Confess themselves to him, and no other, unless it be with his Consent.

6. He forbids the Clergy who have Benefices, the exercising the Function of Advocates, for Mo∣ney, or out of any base Design.

7. He prohibits Ecclesiasticks from swearing that they will Lend nothing, nor be Security for any Man, and declares such Oaths null.

8. He would not that such Preachers should be tolerated, who Preach to get Money, and to whom Pledges are given for so doing, let them have Relicks about them, or not: He would have only those to Preach, who are approv'd by their Bishop; and prohibits the Preachings of others.

9. He orders that unknown Priests should not be suffer'd to say Mass.

10. That one should not admit to the Communion, or Bury any Excommunicated, Interdicted, or unknown Person, or one of another Parish.

11. To suppress the enormous Avarice of Priests, he orders that Laicks should not be oblig'd to be∣queath any thing, by their Last Will and Testament, for the saying of Masses, and that no Contract should be made, nor any thing requir'd for Saying them, under what pretence soever. He forbids the great number of Yearly Masses, which were too great a burden to the Priests, and condemns those frivolous Masses, which some Said only for Form's sake.

12. He prohibits those who have Churches by way of Property, from Farming them out for the injuring of others. He orders that the Priests shall not hear Confessions in a Church, without the leave of the Superior, or of him who has the Cure of the Parish, unless in case of Necessity.

13. He forbids the dividing of Benefices.

14. He forbids the bestowing of Rural Deanries for a set time, or for ever, for a certain summ of Money.

15. He forbids Arch-Deacons to exact the Duty of Procuration, from the Churches which they do not visit Personally.

16. He declares, That they shou'd not suffer in the Cloysters Assemblies for Play or Debauchery, no not so much as in the Places where they were forc'd to sell Wine.

17. He admonishes the Canons of the Conventual Chapters, to choose a stranger for their Superior, if they have not one capable of that Office, among themselves.

18. He orders, That when there is an Election to be made in a Chapter, the Day of Election shall be publish'd, that so those who are absent may be there.

19. He prohibits the Plurality of those Benefices that have the Cure of Souls.

20. He orders, That no Person shall pretend that a Benefice belongs to him, by right of Succession, and prohibits the exacting any thing for the granting a Licence to Teach School.

The Second part of those Constitutions, relate to the Regular Canons and Monks.

He begins with forbidding to exact any thing for Admittance into the Order, and that the Monks ought not to hold any thing, by way of Property; excepting Priors and those who are in some Em∣ployment, who may by the permission of the Superiors, retain what shall be necessary for the discharge of their Office.

2. He fixes the Age wherein any one shall be Admitted into any Order, viz. Eighteen Years Old.

3. He orders, That the Bishops shall cause the little Wickets, which are in the Abbeys and Priories, to be shut.

4. He recommends to the Monks the Distributing to the Poor, Infirm and Sick, the Revenues which are allotted for their Refreshment, and to be Hospitable.

5. To give to the Poor their accustom'd Alms.

6. He prohibits the refusing to Admit any Person into a Religious Order, under pretence of his be∣ing of another Country.

7. He Interdicts the Usuerers and Excommunicated Persons, from Entrance into a Religious Order, and from Ecclesiastical Burial.

8. He prohibits the Admitting a Monk of another Monastery, if there be not a very strong Pre∣sumption, that he has a mind to change upon a Motive of sincere Devotion, and that he does it with the consent of his Abbot.

9. He prohibits the Monks from wearing White Gloves, gawdy Shoes, and any thing like those of the Laity, and from making use of any other colour'd Cloth, than White or Black.

10. He forbids them to have any Chambers out of their Dormitory (unless they be Officers of the House to whom it is allow'd) to quarrel in the Chapter, to make any noise in the Cloyster, to en∣tertain Women, to play at unlawful Games, to go a Hunting, and enjoins them to be silent in the Refectory.

11. He orders, That they should give to a Monk who is oblig'd to go a Journey, a Horse and necessaries for his Journey, so that he may not be forc'd to beg upon the Road.

12. He admonishes the Inferiors to obey with Humility, and the Superiors to command with Di∣scretion and Prudence.

13. He forbids Abbots to let out Provostships or Priories, to Farm.

14. He enjoins the Ordinaries of the Place, to Excommnicate those who have quitted their Religi∣ous Habit.

15. He orders, That if Excommunicated, Interdicted, or Irregular Persons present themselves to be Admitted into a Religious Order, they shall declare their Irregularity; that if the Abbot can Absolve them, he shall do it, if not, he shall refer them to the Major Superior, who has the power of doing it: That if it happen any such be Admitted by surprise, or otherwise, and afterwards it be discover'd, he shall receive Absolution from his Abbot, or the Major Superior.

16. He renews the 10th. Canon of the Third Lateron-Council, which forbids the permitting Monks alone in Towns, or Villages, or so much as in Cures.

17. He renews the Prohibition made in the same Council, That no Monk should have two Prio∣ries, or two Offices.

18. He relates a Decree of the Council of Chalcedon, which forbids the Monks making any Cabals.

19. He forbids them to be Advocates for the Causes which concern'd their Monastery, or any other Religious House, especially if they did it without the permission of their Abbot.

20. He Excommunicated the Monks who left their Monastery, to Study Physick, or Law, in pursuance of the Lateran Council.

21. He forbids the Monks to lie two in a Bed.

22. He prohibits the diminishing the numbers of the Monks of Priories.

23. He forbids the Custom of some Monks, who swore that they would Lend out no Books.

24. He orders, That those who cause any discord in Monasteries to have a Cell apart for them∣selves, shall be shut up in the Cloyster.

25. He declares, That 'tis Usury to sell Commodities dearer because of a longer Term allow'd for Payment.

26. He prohibits the Clergy and Bishops from buying of Priories.

27. He forbids the demanding a Treat, or Habits, from those who would enter into a Reli∣gious Order.

The Third Part contains the Constitutions relating to Nuns, and some about Abbesses and Abbots.

1. He orders, That they should not suffer the Clergy, or suspicious Servants to come nigh them.

2. That they lie single.

3. That they shall not go out to visit their Relations, unless with Persons of approv'd Integrity, and for a short time.

4. That they have no Dancing in their Cloysters.

5. That they shall live and be attir'd meanly and decently,

6. That they shall live in Common of the Goods of the Monastery.

7. That they shall have sage and discreet Confessors, of the Bishop's Appointment.

8. That the Abbesses who will not do their Duty, shall be Suspended, and if upon Admonition, they do not mend, they shall be Depos'd.

9. He orders what is to be observ'd, by those who are appointed to serve in the Infirmaries, or Hospitals.

10. He orders, That the Abbots who neglect their Duty, shall be punish'd, and prohibits them from performing the Functions of an Advocate, or a Judge, upon pain of being Depos'd.

11. He inflicts the same Punishment upon those who live disorderly.

12. He forbids their having a great Retinue, or Young Lackeys.

13. He orders, That that they should not bestow the Goods of the Monastery on their Relations, unless they be Poor, or so accounted.

14. He prohibites them from suffering Young Women to enter their Monasteries, and from be∣stowing Priories on their Relations: And orders them twice a Year to receive the Accounts of the Priors or Officers.

15. He forbids them to regulate any Affair of Consequence, or to raise a considerable Summ of Money, without the advice of their Elders, at least of Seven chosen for that purpose, by the Chapter.

16. He enjoins them to be tender towards their Repenting Brethren, and not to sell Offices.

17. He forbids them to menace or abuse those who make any Proposition to the Chapter about the Reformation of the House.

18. He enjoins them not to suffer the Priors, or Officers to live Irregularly.

19. He forbids them to Eat in their Chambers, unless in case of necessity.

20. He prohibits those who are Admitted into a Monastery, from going out to Study; and orders those who are gone out, to return within two Months.

21. He admonishes the Abbots, to keep Chaplains of a mature Age and good Morals.

The Last Part, contains the Constitutions relating to Arch-Bishops and Bishops.

1. He orders them to have their Coronets large enough, and wear their Hair cut round, that so it

may not be seen below their Miter; to be prudent and modest in their Conversation and Conduct.

2. Not to hear Marins a-bed, and not to concern themselves with Secular Affairs, during the time of Divine-Service.

3. To Celebrate the Office themselves upon High Festivals, and to Preach the Word of God, or cause it to be Preach'd.

4. Not to go a Hunting, nor wear fine Furs, nor Play at Dice or Cards.

5. To have Reading at their Tables the beginning and end of their Meals.

6. To have Prudent Almoners, to exercise Hospitality, to give their Audiences for the Administra∣tion of Justice, and to hear the Poor at stated Hours, to receive often the Confessions of others, and as often to Confess themselves.

7. To reside in their Cathedral Churches, especially on the High Festivals, and in the time of Lent.

8. To cause the Profession they made when Consecrated, to be Read over to them at least twice a Year.

9. Not to carry along with them in their Visits a great Train and needless Equipages.

10. To make choice of prudent Friends, Men of good Morals, and to keep their Families in due Order.

11. To have such Officers as have all the Qualifications necessary for the well discharging of their Trust, and especially, such as are Grave and Prudent, who will do Justice Gratis.

12. To tolerate nothing that shall border upon Simony in the Collation of Holy Orders or Bene∣fices, in the Dedication of Churches, in the Benediction of Virgins, &c. provided none of the ho∣nest and allow'd Customs be prejudic'd hereby.

13. Not to give Benefices with the Cure of Souls, to young or unworthy Persons; not to Excom∣municate, or pass Censures with precipitation, not to exchange the Punishment of the Excommunica∣ted for pecuniary Mulcts; not to give a Dispensation for the three Forms of Marriage for Money; not to Collate Benefices which are not vacant; and not to promote to Holy Orders such Clerks whose Ability and Vertue are not known.

14. To take nothing for the Seal, for doing Justice, for redeeming the right of Procuration, for the Burial of Excommunicated Persons, or for tolerating Clerks to converse with Women.

15. Not to suffer Justice to be done in Church-yards, or Consecrated Places.

16. Not to be at the Feasts of Fools.

17. To hold a Synod every Year, to confer the Sacrament of Confirmation, to correct the Disorders of their Diocess.

18. Not to suffer the Women to Dance in the Church-yards, or any Consecrated Places, nor to Work on Sundays.

19. To prevent the Cancelling of Last Wills and Testaments.

20. To Extirpate that Crime which is Odious to name.

21. Lastly, to Punish that Disorder with severity, according to the Rule made in the Lateran Coun∣cil on that Subject.

The Council of Montpellier in the Year 1215.

IN the Council held at Montpellier, in the Year 1215, by Peter of Benevento Cardinal, upon the Af∣fair * 1.9 of the Earl of Montfort, they Publish'd Forty six Decrees.

The Four first relate to the manner how the Bishops and the other Clergy ought to be Habited. It is therein order'd, That the Bishops shall wear a Linnen-Vest, and a long Habit sew'd on their Shoul∣ders, and ty'd with Ribbans on their Breast. That the Canons and other Benefic'd Persons, shall not make use of any guilded Loops or Shoes, and that they shall not frequent the Court, or Taverns, nor have any familiar Converse with Women; that they wear no colour'd, or close-body'd Coats. That the Arch-Deacons and others promoted to any Dignity in Cathedral, or Collegiate Churches, shall wear a long Habit closed from the Top, whether it be of Woollen or Linnen: That the Curates shall observe the same thing: That the Benefic'd Clerks shall wear a round Coronet about their Heads, that so the Hair above and below may be parted by an equal Circle.

The Three next relate to the Manners of the Clergy. He forbids them to Lend upon Usury, or to keep Hawks.

The Eighth, prohibits the giving Prebends to Laicks.

The Two next, provide for the Execution of the former.

In the Eleventh and Twelfth, the Bishops are enjoin'd to bestow Benefices Gratis on Persons capable of Holding them, and are Prohibited from granting them to Young Persons, who are as yet in the lesser Orders.

The Two next, relate to the Abbots and Monks, and contain the Ordinances so often repeated at that time, about the Modesty which they ought to have in their Habits, their Renouncing of all Proper∣ty, the forbidding the Exacting of any thing for Admittance into a Monastery, the prohibition of being Advocates, the Alms which they ought to give to the Poor of what is remaining at their Tables.

The Five next, concern the Regular Canons. They are enjoin'd to wear great Coronets, and the Monks to wear larger; to be meanly shod, not to go out of the Monastery wherein they are to en∣ter into another; to have Surplices over their Habits, and when they Travel a close black Cassock; and to give nothing for a Prebend.

By the Twenty nineth, the Priests and Monks are Prohibited to admit of Usurers, Excommu∣nicated, and Interdicted Persons to the Communion, or to give them Burial.

In the Thirtieth and Thirty first, it is enjoined, That three Monks at least, should be put into the Priories, and if the Revenues be not sufficient to maintain them, more should be united to them, that so there might be in each a Prior and two Monks.

The next, are Laws for the Observation and Preservation of Peace.

In the Last, the Arch-Bishops and Bishops are ordered to have a Priest, and two or three Laicks in each Parish, who are oblig'd by Oath, if need be, to declare to the Bishop, the Lords and Judges of the Place, the Hereticks which they have discover'd in their Quarter.

The Fourth General Lateran Council, Held under Pope Innocent III. in the Year 1215.

THis Council was Appointed by Inoncent III. the 20th. of April 1213. to be Held two Years and an half after; that is, just the beginning of November, in the Year 1215. The Pope in his Letters * 1.10 of Indiction, gives his Reasons, why he thought that Council necessary, viz. The recovering of the Holy-Land, and the Reformation of the Catholick Church. He saies, That whereas those two Things affect the General State of the Church, he had resolv'd according to the Advice of his Bre∣thren, and other judicious Persons, to call a General Council for the Salvation of Souls, for the era∣dicating of Vice, and planting of Virtue, to correct Irregularities, reform the Manners, condemn Heresies, put a stop to Divisions, establish Peace, prevent Outrages, re-establish Liberty, and to en∣gage the Princes and People to Retrieve the Holy Land: That in the Interim, till the Council should meet, he had taken care to inform himself of the Abuses which needed Reformation, and to send Per∣sons into the several Provinces, to dispose them for the Expedition to the Holy-Land. He enjoins the Arch-Bishops and Bishops to come to the Conncil (excepting one or two Bishops who should remain in each Province) and those who could not come in Person, to send Deputies, and admonishes them, to order all the Chapters to send likewise their Deputies thither. In the mean time he recommended to them, the diligent Enquiring into whatever was necessary to be Reformed or Amended, in their Pro∣vinces, that so they might speak of it in the Council, and to Contribute all they could towards the pro∣moting the Expedition to the Holy Land. This Circular Letter was directed to the Patriarchs, Arch-Bishops, Bishops, and Soveraign Princes of all Christendom.

The Council met at Rome in the Church of St. Saviour, on the time prefix'd (in November 1215.) and consisted of Four hundred and twelve Bishops in Person, near Eight hundred Abbots and Priors, and a great many Deputies of the absent Prelates, or of the Chapters. The Latin Patriarchs of Con∣stantinople and Jerusalem were there in Person: The Patriarch of Antioch who was sick, sent a Bishop thither; and there came a Deacon the Deputy of the Patriarch of Alexandria, which was then under the power of the Sarazens. The Ambassadors of the Emperor of Constantinople, of the King of Sicily the Emperor Elect, of the Kings of France, England, Hungary, Jerusalem, Cyprus, Arragon, and of the other Princes, were there.

The Pope open'd the Session by Preaching on those Words of our Saviour, With desire have I desired to eat the Passeover with you. He therein took notice of three sorts of Passeovers which he desir'd to Celebrate with the Fathers of the Council, the Corporeal, the Spiritual, and the Eternal: The Cor∣poreal, which was the passing from one Place to another, for the Deliverance of Jerusalem; the Spiri∣tual, which was the passing from one State to another, by the Reformation of the Church; and the Eternal, which is the passing from the Temporal State to the Glory of Heaven. Upon the first Head, he exhorts the Ecclesiastscks to do all they could for the succouring of the Holy Land. Upon the Se∣cond, he exhorts them to make use of Spirstual Punishments on the Delinquents, that so they might reduce them from their Error. He exhorts them in particular, to Correct the Ecclesiasticks; because the Disorder proceeded chiefly from the Clergy, whose evil Example the People follow'd. He ob∣serves, That from hence chiefly proceed the Evils which infest the Church of God.

'Tis this (saies he) that overthrows the Faith, disfigures Religion, destroys Liberty, treads Justice under Foot, increases the number of Hereticks, makes the Schismaticks Insolent, the Infidels Proud and the Saracens Powerful.

He concludes all with the third Passeover, which is the passing to Glory, where he Prays he may one Day meet with them. He Preach'd likewise another Sermon to the Fathers of the Council, which is only a Moral Exhortation.

Afterwards he Orders the Reading in a full Council the Chapters or Canons upon the Discipline of the Church, which were already drawn up. Matthew Paris saies, That those Canons seem'd tolera∣ble to some of the Prelates, but grievous to others. His Words are these, Facto prius ab ipso Papa ex∣hortationis Sermone, recitata sunt in pleno Concilio Capitula Septuaginta quae aliis placabilia, aliis videban∣tur onerosa. Let the Case be how it will, 'tis certain, That these Canons were not made by the Coun∣cil, but by Innocent III. who presented them to the Council ready drawn up, and order'd them to be Read, and that the Prelates did not enter into any Debate upon them, but that their Silence was taken for an Approbation.

These Seventy Chapters or Canons, begin with a Form of Faith, drawn up in these Terms.

We do firmly Believe, and sincerely Confess, That there is but One True, Eternal, Immense, Omni∣potent, Immutable, Incomprehensible, Ineffable God, the Father, Son, and Holy Ghost, who are Three Persons, but only One Essence, One Substance, and One Simple Nature. The Father de∣rives his Substance from none, the Son has it from the Father, and the Holy Ghost proceeds from Both, without Beginning and without End. The Father begets, the Son is begotten, and the Holy Ghost proceeds. They are Consubstantial and Co-equal in all things, equally Powerful, equally

Eternal, One Individual Principle of all things, the Creator of things Visible and Invisible, Spiritual and Corporeal, who by His Omnipotent Power, Created out of Nothing at the Beginning of Time, and all together, two sorts of Creatures, Spiritual and Corporeal; and afterwards the Humane Nature, which is a Compound of Soul and Body. For the Devil and the other Daemons were Good when God Created them, and became by their own fault Wicked, and Man Sinned and Fell by the suggestion of the Devil. This Holy Trinity, which is Indivisible with respect to its Essence, and distinguish'd according to its Personal Properties, has given to Mankind a Salutary Doctrine by the Ministery of Moses, the Prophets, and the other Servants of God, according to the Order and Dispo∣sition of Times. And at last Jesus Christ the onely Son of God, who was Incarnate by the Power of the whole Trinity, and Conceived of the Virgin Mary (always a Virgin) by the Power of the Holy Ghost, who was true Man, made up of a reasonable Soul and humane Body, one single Person compounded of two Natures, has more clearly shown us the Way of Life, who being Immortal and Impassible as to his Divinity, as to his Humanity became Passible and Mortal: And he suffer'd for the Salvation of Mankind on the Cross; he Dy'd and Descended into Hell; is Risen from the Dead, and Ascended up into Heaven; but he Descended in his Soul, and Rose again with his Body, and is Ascended into Heaven with his Body and Soul, and shall come again at the End of the World, to Judge both the Living and the Dead, and to give to all Men according to their Works, as well the Reprobates as the Elect, who shall all rise again with their own Bodies which they at present bear about them, that so they may receive according to their Deserts, whether they be Good or Bad; the latter Eternal Glory with Jesus Christ, and the former Eternal Damnation with the Devil. There is but one Catholick Church of the Faithful, out of which none is Saved; wherein Jesus Christ is both Priest and Sacrifice, whose Body and Blood are contain'd really in the Sacrament of the Altar un∣der the Species of Bread and Wine; the Bread being Transubstantiated into the Body of Jesus Christ, and the Wine into his Blood by the Power of God, that so to render the Mystery of the Unity perfect, we might receive of His Nature what he receiv'd of Ours. No Person may Consecrate the Sacrament, but the Priest who has receiv'd Lawful Ordination, by the power of the Keys of the Church, which Jesus Christ has given to his Apostles and their Successors. The Sacrament of Ba∣ptism, which is Consecrated by Invocation of the Trinity, Father, Son and Holy Ghost, on the Water, is the Cause of Salvation as well of Infants as of Adult Persons, when 'tis Conferr'd accord∣ing to the Form of the Church, whoever it be that Administers it. If any one falls into Sin after Baptism, he may be always restor'd to Grace by a true Repentance: Not only Virgins and those who live Continently; but also Marry'd Persons, who please God by their Faith and Good Life, merit Eternal Life.

This is the Abstract of the Doctrine of the Church contain'd in the Profession of Faith of this Council. Which is the first Chapter or Canon of it.

In consequence to this, the Council condemns in the Second Chapter, the Treatise Compos'd by the Abbot Joachim against Peter Lombard, about the Unity of the Essence of the Trinity; because that Abbot had treated him as a Fool and an Heretick, for having said in his Book of Sentences, That the Father, Son and Holy Ghost, are one Supreme or Soveraign Being, which is neither begetting, begotten nor proceeding: A Proposition from whence he pretends it follows, That there is a Quaterni∣ty in the Godhead, namely Three Persons of the Trinity, and one common Essence. The Council explains and confirms the Doctrine of the Master of the Sentences, and rejects that of Joachim; who pretended, That the Father, Son and Holy Ghost, where not the same thing, tho' they be one Sub∣stance and one Nature; which yet he explain'd in such a manner, that he seem'd to admit of only a Specifick Unity, or resemblance between those Three Persons. The Council declar'd those to be He∣reticks, who would maintain the Opinion of the Abbot Joachim. However, they order'd, That the Condemnation should be no prejudice to the Monastery of Flora, of which Abbot Joachim was the Founder, because there they liv'd Regularly, and put in practice a very good Discipline; but espe∣cilly because that Abbot had submitted his Books to the judgment of the Holy See, and had protested in Writing, That his Belief was the same with that of the Church of Rome, which is the Mother and Mistress of all the Faithful. The Council likewise, condemn'd in the same Chapter, the Errors of Amaury, of whom 'tis said, That the Father of Lies, had so obscur'd his Understanding, that his Doctrine may rather pass for Nonsense than Heresie.

In the Third Canon, they Excommunicated and Anathematiz'd all the Hereticks, who oppose the Catholick and Orthodox Faith, as before Explain'd: And 'tis therein Order'd, That the Hereticks shall be deliver'd up after their Condemnation to the Secular Powers, or to their Officers, to be Pu∣nish'd according to their Demerits, the Clerks being first Degraded: That their Goods shall be Con∣fiscated, if they be Laicks: And if Clerks, then they shall be apply'd to the use of the Church: That those who lye under violent suspicions of Heresie shall be likewise Anathematiz'd, if they do not give proofs of their Innocence, and they shall be avoided, till they have given satisfaction, and if they be in a State of Excommunication during a Year, they shall be condemn'd as Hereticks: That the Lords shall be admonish'd and oblig'd by Ecclesiastical Censures, to take an Oath, that they will Extirpate Hereticks and Excommunicate Persons, who shall be within their Territories: That if they neglect to do it after Admonition, they shall be Excommunicated by the Metropolitan and Bishops of the Province, and that in case they persist a Year without making satisfaction, the Soveraign Pon∣tiff shall be advertis'd thereof, that so he may declare their Vassals absolv'd from their Oath of Fealty, and bestow their Lands upon such Catholicks as will Seize upon them, who shall be the Lawful Pos∣sessors of them, by Extirpating Hereticks, and preserving the purity of the Faith in them; but with∣out prejudice to the Right of the Superiour Lord, provided he offer no obstruction or hinderance to the putting this Ordinance in Execution. The same Indulgences are granted to those Catholicks, as

shall undertake to Extirpate Hereticks by force of Arms, as are granted to those who go to the Holy Land. They Excommunicated those who entertain'd, protected, or supported Hereticks, and declare, That those who shall be Excommunicated upon that account, if they do not make satisfaction within a Year, shall be declar'd Infamous, and divested of all Offices, as well as of Votes in the Elections; that they shall not be admitted as Evidences; that they shall be depriv'd of the Faculty of making a Will, or succeeding to an Estate; and Lastly, That they may not perform the Functions of any Of∣fice. 'Tis likewise farther order'd, That those who will not avoid the Company of such Persons as are by the Church denounc'd Excommunicate, shall be Excommunicated themselves, till they have given satisfaction. But above all, Ecclesiasticks are forbidden to Administer the Sacraments to them, to give them Christian Burial, to receive their Alms or Oblations, upon pain of being Suspended from the Functions of their Orders, wherein they may not be re-establish'd without a special Indulto from the Pope. The same Punishment is likewise inflicted on the Regulars, and besides this, that they be not any longer tolerated in the Diocess, wherein they shall have committed such a Fact. All those are Ex∣communicated who shall dare to Preach without having receiv'd a Licence from the Holy See, or a Catholick Bishop. Lastly, The Arch-Bishops and Bishops, are oblig'd to visit in Person, or by their Arch-Deacons or by other Persons, once or twice a Year, the Diocesses where it is reported that there are any Hereticks, and to put a certain number of Inhabitants upon their Oath, to discover to the Bishop such Hereticks as may be detected. They are likwise enjoin'd to cause the Aecused to appear, and to punish them if they do not clear themselves, or if they relapse after they have been clear'd. Lastly, The Bishops are threatned to be Depos'd if they neglect to Purge their Diocess from Hereticks.

The Fourth Canon relates to the Greeks. It imports, That tho' the Council would honour and fa∣vour the Greeks, who threw themselves under the Obedience of the Holy See, by maintaining as far as possible their Customs and Ceremonies, yet it could not tolerate, what might be prejudicial to the Salvation of Souls and to the Ecclesiastical Dignity: That the Greeks, after they had shaken off their Obedience to the Holy See, have had so great an abhorrence to the Latins, that they would not Cele∣brate on the Altars whereon the Latins had Celebrated, till they had wash'd them; that they had Re-baptiz'd those who had been Baptiz'd by the Latins. They are here forbidden to do any such thing for the future, and are exhorted to conform themselves to the Church of Rome, that there may be one Flock under one Shepherd. They who shall for the future undertake the like, are menac'd with Ex∣communication and Deposition.

The Fifth regulates the Order of Patriarchs, and orders, That next to the Church of Rome, which has the Primacy over all other Churches according to the Appointment of our Saviour, the Church of Constantinople shall have the First Place, that of Alexandria the Second, the Church of Antioch the Third, and that of Jerusalem the Fourth: And the Patriarchs of those Churches are Impower'd to grant the Pall to the Arch-Bishops who depend on them, and to demand of them a Profession of Faith and of Obedience to the Holy See, after they themselves have receiv'd the Pall from the Holy See (which is here styl'd the Ensign of the Plenitude, of the Pastoral Power) and have taken an Oath of Fealty and Obedience to it. They are likewise allow'd to have the Cross carry'd every where before them, except in the City of Rome, and other Places where the Pope shall be in Person, or his Legate, having the Marks of the Apostolick Dignity. They are also allow'd the Privilege of Trying the Ap∣peals of all the Provinces within their Jurisdiction, except Appeals to the Holy See, to which all the World ought to pay a Deference.

In the Sixth it is order'd, That according to ancient Custom, the Metropolitans shall every Year call Provincial Councils, wherein they shall Treat of the Reformation of Manners, especially of those of the Clergy, and cause the Canons to be Read over, especially those that are made in this Coun∣cil, and that the Bishops shall take care to have in their Diocesses several prudent and grave Persons, who without exercisingany Jurisdiction, shall inform themselves of such things as are necessary to be Reform'd or Corrected, and shall make their Report to the Metropolitan and his Suffragans in the next Council, that so a Remedy may be apply'd.

The Seventh, Enjoins the Ordinaries to be careful in Reforming the Manners of the Clergy within their Diocesses, and to correct the Abuses and Disorders; and that they might with the greater freedom, it declares, That they may not be hinder'd in doing it, under the pretence of any contrary Custom, or by any Appeal. With respect to the disorders of the Canons of Cathedral Churches, which the Chapters were us'd to Correct; 'tis here order'd, That they shall be Corrected at the time prefix'd by the Bishop, if not, that then he shall make use of Ecclesiastical Censures to correct them: That he shall likewise take care to Reform the other Irregularities of his Clergy, by ob∣serving in all things the Rule and Order prescrib'd him: That moreover, if the Canons forbear to Say the Office in their Church, without any evident Reason, the Bishop shall not forbear to Cele∣brate, and upon his Complaint the Metropolitan shall make use of Ecclesiastical Censures against them. Lastly, The Ordinaries are admonish'd in this Canon, not to abuse this Ordinance, to get any profit to themselves by it, or to oppress those of their Diocess.

The Eighth Canon, Regulates the Process which ought to be minded in the Accusations of Eccle∣siasticks. 'Tis therein declar'd, That 'tis not to be tolerated to Accuse them lightly: That they ought to be present when they are inform'd against, unless they absent themselves out of Contumacy: That they ought to be told the Heads of the Information against them, and to know their Accusers, and to be admitted to put in their Replications and Lawful Exceptions: That there are three ways of proceeding against a Criminal, by way of Accusation, by Denunciation and by Inquisition. That the Accusation, ought to be usher'd in by the complaint of the Accuser, the Denunciation, by a Cha∣ritable

Admonition, and the Inquisition, by common Report: That yet it was not requisite to ob∣serve this Method precisely, with respect to Regulars, and that one might Divest them of their Offices when it was expedient, without observing all these Formalities.

The Ninth orders, That the Bishops of Diocesses, wehrein there are People of different Nations, and who have different Customs, shall take care to provide Persons who may Celebrate Divine Ser∣vice according to those different Rites, without putting themselves to the trouble of having two Bishops in one and the same Diocess.

The Tenth imports, That the Bishops shall take care to have in the Churches of their Diocesses Eminent Persons to Preach the Word of God, and Administer the Sacrament of Pennance.

The Eleventh Confirms the Decree of the Council of the Lateran, Held under Alexander III. im∣porting, That there shall be in all Cathedral Churches a Master to Teach Gratis the Clergy of those Churches, and theothe•• Poor Schollars, on whom they shall bestow the Revenue of a Benefice; and ex∣tends this Rule to other Churches, that so the same might be observ'd for the Master of a Grammar-School: And that in the Metropolitan Church, besides the Grammar-Master, there shall be a Divine to Teach the Priests and other Ecclesiasticks the Holy Scripture, and what relates to the Cure of Souls; that they shall bestow on him the Revenue of a Benefice, tho' he might be a Canon at the same time, and that he shall hold it so long as he shall be a Teacher: That if the Metropolitan Church have not wherewithal conveniently to keep a Theologician, and a Grammar-Master, the Theolo∣gician shall be kept there, and the Grammar-Master provided for in another Church.

The Twelfth imports, That every three Years there shall be Held in all Kingdoms or Provin∣ces, without prejudice to the Rights of the Diocesan Bishops, Chapters of Abbots, and Priors of Mo∣nasteries, who never were used to hold any such before: That they shall invite to them two Abbots of the Order of Cisteaux, who were accustom'd to hold such: That Four of them shall Preside over the Chapter, which shall be Held several Days: That there they shall lay out themselves upon Reforming the Order, and making the Regular Discipline to Flourish: That whatever shall be Order'd with the Approbation of the Four Presidents, shall be Inviolably Observ'd notwithstanding any Opposition, or Appeal whatever: That all those who come to the Chapter shall live in Common whilst it is Held: That there they shall Nominate Visiters to Visit the Monasteries of Men and Women, and to Cor∣rect and Reform whatever shall want it in them; so that if they find themselves oblig'd to Depose any Superior, they shall acquaint the Bishop of him, who shall not fail to Depose him; and in case he does not do it, that then they should acquaint the Holy See with it. It orders the same thing with respect to Regular Canons. However it does not discharge the Bishops from taking care of the Mona∣steries; on the contrary, it enjoins them with the utmost Diligence to keep up the Discipline, that so the Visiters may find nothing to Reform. Lastly, it orders the Bishops and Presidents of Chapters to make use of Ecclesiastical Censures against the Seculars who shall do any wrong to the Mona∣steries.

The Thirteenth prohibits all manner of Persons from Erecting a New Order, and imports, That those who would embrace the Monastick Life shall enter into an Order already approv'd; and that those who are willing to Found a New Monastery shall follow one of the Rules, and be one of the Orders already approv'd. It likewise forbids one and the same Person to be a Monk, or Abbot of two Monasteries.

The Fourteenth enjoins, That the Incontinent Clerks shall be punish'd: That if any one being ta∣ken up for that Crime, shall dare to Celebrate, he shall be divested of his Benefices and Depos'd: That the same Severity shall be used to Bishops, who shall countenance those Irregular Persons for any In∣terest: And that the Ecclesiasticks who are in Countries where they have Liberty to Marry, shall be more severely punish'd, if they fall into the Sin of Incontinence.

The Fifteenth, Is against the Drunkenness of Ecclesiasticks, and forbids them to go a Hunting, and to keep Hounds or Hawks.

The Sixteenth forbids them to concern themselves in Secular Trades, especially in such are disho∣nest: To go to Comedies or Farces; to frequent Publick Houses, unless in a Journey, or in case of Ne∣cessity; and to play at any Games of Dice: And it enjoyns them to wear a Coronet and Tonsure suita∣ble to their Quality; to have Habits clos'd before, which should be neither too long nor too short; not to wear colour'd Cloths, or such as are set off with Trimming; not to wear at Church Copes with Sleeves, not to wear Clasps or Ribbans of Gold and Silver, nor Rings, unless by their Digni∣ty they have a Right to wear them. It is likewise order'd, That Bishops shall wear in Church and out of Church Surplices of Linnen, except those who ought to wear the Monachal Habit; and that the Mantles which they make use of, shall be fastned before or behind with Clasps.

The Seventeenth is against the Effeminacy of some Clerks who spent part of the Night in Feasting, or in Prophane Company, slept till Daylight, and in Saying their Matins left out one half of the Of∣fice: And against those who Celebrate Mass but four times a Year, and who were present at it but very seldom, and without any manner of Devotion. Those Irregularities were forbidden under pain of Suspension, and the Clerks are exhorted to Celebrate the Morning and Evening-Service con∣stantly and Devoutly.

The Eighteenth prohibits them from pronouncing the Sentence of Death, from assisting at Exe∣cutions, from writing or dictating Letters to demand the Death of any Person, from being Inquisi∣tors, from exercising any part of Chirurgery, wherein it was necessary to apply Iron or Fire; from giving Benediction for the making of a Tryal by hot or cold Water, or by hot Iron.

The Nineteenth forbids the putting any Houshold-Goods into Churches, unless in cases of necessity; and orders, That they shall keep the Utensils and Ornaments of the Church of their own.

The Twentieth orders, That the Holy Chrism and the Eucharist shall be kept under Lock and Key; and that if the Person to whose Care they are entrusted, leaves the Place where they are, open, he shall be Suspended ab Officio for three Months, and if any Accident happen to them through his fault, he shall be Punish'd for it very severely.

The Twenty first is the Famous Canon which enjoins, That all the Faithful of both Sexes who are arriv'd to Years of Discretion, shall Confess all their Sins at least once a Year to their own pro∣per Priest (that is, the Curate, as appears by the Thirty second Canon, where this Title is given to Curates:) That they shall compleat the Pennance impos'd on them, and receive the Sacrament of the Eucharist devoutly at least every Easter, unless they believe that they ought to abstain from it for some time, upon some reasonable Account, and with the Advice of their own proper Priest. Those who shall not discharge this Duty, shall be Condemn'd to the being depriv'd of entring into the Church whilst they Live, and of Eccesiastical Burial when they Die. And it is order'd, That this Canon shall be often Read publickly in the Church, that so none may plead Ignorance in the Case. 'Tis here added, That if any one would confess his Sins to a Priest that is a Stranger, he ought to ask and get leave for it of his own proper Priest, because otherwise he can neither bind nor unbind. The Priests are likewise admonish'd to be Discreet and Prudent, to handle like good Physicians the Wounds of their Patient; to pour into them Oyl and Vinegar by informing themselves exactly of the State of the Sinner, and of the Circumstances of his Sins; and to know what Counsel he ought to give him, and what Remedies he ought to make use of to Cure him, to take care never to discover by Word or Sign the Sins of those who are Confess'd; and if he wants Advice in the case, to ask it without discovering the Person. Lastly, That those who shall disclose any Sin that has been reveal'd to them in Confession, shall be condemn'd not only to be Depos'd, but also to be Confin'd during Life in a Monastery, there to do Pennance for it.

The Twenty second imports, That the Physicians of the Body shall Advise their Patients to send for the Physicians of the Soul before they Prescribe any thing to them, that so they may provide for the Salvation of their Souls, before they lay out any care for the Health of their Body. It like∣wise forbids Physicians under pain of Excommunication to prescribe any thing to their Patient for the Health of his Body, which may put his Soul in any danger.

The Twenty third imports, That a Cathedral or Regular Church shall not be vacant above three Months; and if those whose Right it is to Elect, do not proceed to an Election within that time, they shall forfeit the Right of Electing Pro hac vice, which shall lapse to their immediate Superior, who shall be oblig'd to do it within three Months.

The Twenty fourth prescribes the Forms of Elections: Namely, That in the Presence of all those who ought to be there, three creditable Persons be chosen out of their Body, who shall Collect and exactly count the Voices of all who shall give their Suffrages; and who having put them in Writing, shall immediately publish them, without being liable to any Appeal, that so he may be Elected, who has all the Votes, or the Votes of the Major and Sounder Part of the Chapter: Or that they may commit the Power of Electing to a certain Number of capable Persons, who shall provide for the Vacant Church in the Name of All. The Elections made otherwise are declar'd Null; if they are not made by the Unanimous Vote of all the Electors as it were by Inspiration. These then are the three ways of Election, by Scrutiny, by Compromizing, and by Inspiration. They who observe not this Form shall forfeit their Right of Election pro hac Vice. It prohibits the Consti∣tuting a Procurator in the Business of Election, if he who Constitutes be not absent, and in a Place from whence he ought to be Summon'd, where he is detain'd by a Lawful Obstruction, of which Oath shall be made; and in this Case 'tis allow'd to Commissionate one of the Body in his Place. Lastly, It rejects clandestine and secret Elections, and enjoins, That the Election shall be solemnly publish'd immediately after it be made.

The Twenty fifth deprives him, who consents to an Election made by the Authority of Secular Powers, of the Benefice to which he has been Elected, and renders him uncapable of being Elected to another: And with respect to those who proceeded to the Election, it Suspends them for three Years ab Officio & Beneficio, and deprives them of the Right of Electing.

The Twenty sixth imports, That he whose Right it is to Confirm the Person Elected ought care∣fully to enquire into the Form of the Election, and the Person Elected, that in case the Election be according to Form, and the Person Elected have the Qualifications requisite, he shall Confirm it. Those who Confirm an unworthy Person, shall forfeit their Right of Confirming, and be Suspended from their Benefices. The Bishops are admonish'd to promote only such to Holy Orders, who can acquit themselves of their Duties worthily. As for those who are under immediate Subjection to the Holy See, 'tis order'd, That if they can conveniently, they shall Personnally appear before the Pope to ob∣tain the Confirmation of their Election, or shall send able Persons by whom one may be inform'd of the Qualifications of the Person elected, and of the Form of the Election; provided notwithstanding that those who are out of Italy, if their Election be not Disputed, shall have the Administration both of Spirituals and Temporals. As to the Consecration or Benediction, 'tis declar'd, That it shall be given according to Custom.

The Twenty seventh enjoins the Bishops to Instruct, or cause those to be Instructed on whom they Confer Priests-Orders, of the manner of Celebrating Divine Service, and of Administring the Sacra∣ments. They are threatned to be Punish'd who shall for the future Ordain Ignorant Priests; because 'tis more Eligible to have a few good, than a great many bad Ministers.

The Twenty eight orders, That those who shall have ask'd and obtain'd leave to quit their Bene∣fices, shall be bound to do so; if not, that then they shall be forc'd to it.

The Twenty ninth renews the Canon of the Lateran Council Held under Alexander III. which prohibits one and the same Person from holding several Benefices, that have the Cure of Souls; and that this may be put in Execution, it orders, That any Ecclesiastick who shall accept of a Benefice having the Cure of Souls, when he has another of the same Nature, shall forfeit his Right to the first, and if he will hold it, he shall likewise be turn'd out of the latter: That the Patron of the first Benefice shall forthwith bestow it on whom he pleases, and if he delays Presenting the space of three Months, not only the Right of Presenting shall lapse to another, as is order'd in the former Lateran Council, but also that he shall bestow so much of his Revenues on the Church, as he has gain'd by the Vacant Benefice. The same thing is order'd with respect to Personats, and therein 'tis prohibited the having two Personats in one and the same Church, tho' they have not the Cure of Souls. However 'tis de∣clar'd, That the Holy See may dispense with this Law with respect to Persons of Merit and Learn∣ing, who ought to be Dignify'd with Considerable Benefices, when there shall be sufficient Reason for it.

The Thirtieth orders, That those who shall Collate Benefices on in-sufficient Persons, shall be Sus∣pended from their Right of Collating, and that this Suspension shall not be taken off, but by the Au∣thority of the Pope, or Patriarch.

The Thirty first imports, That the Children of Canons, and especially Bastards, may not have Prebends in the Churches where their Fathers are Canons.

The Thirty second orders the Patrons of Parochial Churches to allow the Curates a sufficient Part of the Revenues for their Maintenance, and enjoins the Curate to serve their Cures themselves and not by Vicars, at least, that a Parish-Church shall not be annex'd to a Prebend or a Dignity in which Case he who is the Incumbent being oblig'd to do Duty in the Great Church, shall substitute in his Place for the Cure a constant Vicar, to whom he shall allow a Competency. It prohibits the laying a Pension on the Revenues of Curates.

The Thirty third orders, That the Bishops, or their Arch-Deacons shall not exact the Right of Pro∣curation, but when they shall Visit in their own Persons; that they shall observe the Regulation made in the Lateran Council. This Law likewise extended to the Legates and Nuncio's of the Holy See; and they who Visit are recommended not to seek their own Profit, but the Glory of Jesus Christ, and to apply themselves to the Reformation of Manners and to Preaching.

The Thirty fourth prohibits the Exactions made under a pretence of paying the Duty of Procu∣ration to Legates or any others.

The Thirty fifth prohibits the Appealing from a Judge to a Superior before he has pass'd Sen∣tence, unless there be a lawful Cause for such an Appeal, which shall be represented to the Judge be∣fore it can be brought before the Superior; which is enjoin'd without prejudice to those Constituti∣ons, which order, That the greater Causes shall be referr'd to the Holy See.

The Thirty sixth imports, That if the Judge revoke a Comminatory or Interlocutory Sentence which he has pass'd, he may continue the drawing up of the Process, when an Appeal has been made from this Sentence.

The Thirty seventh prohibits the granting of Commissions for the allowing Persons to appeal be∣fore Judges above two days Journey distant from the Place where the Person assign'd is; and the ob∣taining such Commissions without special Orders from the Lord of the Place.

The Thirty eighth enjoyns the Judges to have a Publick Officer, or two sufficient Persons, who shall write down all the Form of the Processes, which shall be communicated to the Parties concern'd keeping the Minutes by them.

The Thirty ninth orders, That the Person who has been turn'd out of any Place, shall be first put in it again, before his Right to it be try'd.

The Fortieth imports, That the Possession of a Year shall be computed from the Day of its being settled by a Decree; tho' the Person in whose favour Sentence is pass'd, cannot by reason of the ma∣lice of his Adversary, be put into possession of the thing which is adjudg'd to him, or may have been turn'd out of it. It prohibits Ecclesiasticks from committing the Trya•• of Ecclesiastical Causes to Laicks.

The Forty first imports, That the Prescription which is not Bona fide made shall be of no force, and that 'tis necessary that he who makes use of Prescription, shall not remember any time when what he holds did not belong to him.

The Forty second prohibits Ecclesiasticks from enlarging their Jurisdiction to the prejudice of Se∣cular Justice.

The Forty third prohibits Laicks from exacting Oaths of Fidelity from Ecclesiasticks, who hold no Temporality of them to oblige them to it.

The Forty fourth declares, That the Constitutions of Princes which are prejudicial to the Rights of the Church shall not be observ'd, whether they be for the Alienation of Fiefs, or for the Incroaching on the Ecclesiastical Jurisdiction, or for any other Goods.

The Forty fifth prohibits Patrons and Vouchers of Churches from undertaking more than is al∣low'd them, and deprives them of the Right of Patronage, who shall wound or kill the Clerks of the Churches under their Patronage.

The Forty sixth revives the Excommunication issu'd out by the Lateran Council against those who exact Tallies and other Taxes from Ecclesiasticks. Notwithstanding it allows Bishops in cases of Necessity to engage Ecclesiasticks to give something, provided they have advis'd with the Pope a∣bout it first. It declares those Sentences Null that are made by Excommunicated Persons, and it observes, that those who have been Excommunicated whilst they were in an Office, are not dis∣charg'd from their Excommunication for their having quitted that Office.

The Forty seventh regulates the Form of Excommunication as follows. The Excommunication ought to be preceded by Admonition made in the Presence of several Witnesses: It ought to be founded on a publick and reasonable Cause. If the Excommunicated Person finds himself aggriev'd, he may complain of it to the Superior Judge, who shall send him back to be absolv'd by the Judge who Ex∣communicated him, if there be no danger in such a delay; but if it is to be fear'd, that this Delay may have dangerous Consequences, he may himself give him Absolution. When the Injustice of the Excommunication shall be prov'd, he who has Excommunicated shall be condemn'd to repair the Damages of him who has been Excommunicated, and be punished according as his Superior judges requisite. But if he who complains of the Excommunication does not bring any sufficient reason, he shall be condemn'd to Damages and punish'd as the Superior pleases, if he be not ex∣cusable by some probable Error, and he shall remain Excommunicated till he has made Satisfaction, or given Security for doing it. If a Judge finding himself in a mistake revoke his Sentence, and he in whose favour it was made will appeal, no notice shall be taken of such Appeal, unless the Error be such as admits of no Question: in which Case he shall absolve the Excommunicated Person, upon Condition that he will submit to the Judgment of him to whom the Appeal has been made.

The Forty eighth imports, That when any Person has a Judge whom he suspects, and will refuse to be Try'd by him, he shall allege the Reasons of his Suspicion before Umpires who shall be pitch'd upon, and if they think them Just, the refus'd Judge shall refer the Process to an∣other Judge or the Superior. That if it happens that he who has received Admonition, does Appeal, and yet his Disorder be certain either by the Evidence of the Fact, or by his own Confes∣sion, or by any other way, that then no notice shall be taken of that Appeal; and in case the Crime be dubious, the accus'd shall be oblig'd in appealing to notifie before the Judge the reason of his Appeal, which ought to be such, that if it be prov'd, it shall be allow'd Lawful: That he shall be likewise oblig'd to prosecute his Appeal before the Judge in a competent time, if not, then the First Judge shall proceed against him notwithstanding his Appeal, and if he has made a wrong Appeal, he shall be sent back to the first Judge. However these Orders are not to be understood to touch the Regulars.

The Forty ninth prohibits the Excommunicating or Absolving any Person for Interest, and orders that in the Places where they impose a pecuniary Mulct in giving Absolution, they shall be oblig'd to make Restitution in case the Excommunication was unjust.

The Fiftieth repeals the Prohibition of contracting Marriage in the second and third Degree of Af∣finity, and between Children issuing from a second Marriage, and the Relations of the former Hus∣band, and restrains the Degrees wherein Marriages were unlawful to the fourth Degree of Consan∣guinity and Affinity.

The Fifty first prohibits Clandestine Marriages, and orders, That the Priests shall publish the Banns in Churches, that so such Impediments as are lawful may be objected against them. Penalties are likewise inflicted on those who Countenance or Authorize Incestuous or Clandestine Marriages.

The Fifty second imports, That they shall admit of no Evidences with respect to Marriage-Impe∣diments, who only give in their Evidences by Hear-say, unless they be very creditable Persons, and who depose, that they have heard it said by several Persons before the Process was drawn up: That those Witnesses shall swear that they are not induc'd thereto by any Motive of Hatred, of Fear, of Friendship, or of Interest: That they shall mention the Degrees of Kindred: And Lastly, That they shall not be credited, unless they depose, that they have seen several of those Persons treat one another as Relations.

The Fifty third prohibits the giving of Lands to such Persons as have not us'd to pay Tithes to Churches.

The Fifty fourth imports, That the Tenth ought to be taken of all sorts of Revenues before a∣ny thing is rais'd upon it for the payment of the Tax or Tribute.

The Fifty fifth orders, That the Demeans which for the future shall be purchas'd by the Monks of Cisteaux, or by any others shall pay Tithes.

The Fifty sixth prohibits the Secular or Regular Clergy, when they let out Inheritances, or be∣stow them in Fief, from stipulating, that they shall pay them the Tenths thereof, and that those to whom they give them shall be interr'd among them.

The Fifty seventh to redress the Abuses of several Privileges granted to Regulars, ordains, That the Privilege granted to the Friars of several Orders of being always interr'd in Holy Ground, at least if they were not formally Excommunicated or Interdicted, ought not to be understood but only of such who are consecrated and have chang'd their Habit, or of those who have bestow'd their Estate upon them, of which they have only retain'd to themselves the Usufructus of it. The Privi∣lege likewise is restrain'd which they had of opening the Churches of an interdicted Place upon their Arrival there, to only one single Church.

The Fifty eighth grants to the Episcopal Churches during an Interdiction, the favour granted to several Monks of Celebrating Divine Service in their Churches with a low Voice without ringing the Bells, at least when this was not expressly prohibited by the Interdiction, or when those of that Church had not been the occasion of the Interdiction; and upon condition that the Excommunica∣ted and Interdicted Persons shall not be present.

The Fifty ninth extends to all the Monks the Prohibition that was made to particular Persons of being Surety for any one, or raising any Summ without the Abbot's and the major Part of the Chapter's Leave.

The Sixtieth prohibirs the Abbots from incroaching on the Rights of Bishops, by trying the

Causes of Matrimony, by imposing publick Pennances, by granting of Indulgences, and by per∣forming any other Functions peculiar to the Bishops, unless they have leave, or a lawful reason for so doing.

The Sixty first revives the Canon of the Lateran Council, which prohibits the Monks from re∣ceiving Tithes from the Hands of Laicks, and enjoyns them to present to the Bishops such Priests to serve in the Churches which do not depend on them Pleno Jure, who shall be responsible to the Bi∣shops for the Spiritualities, and may not be turned out without their permission.

The Sixty second imports, That having understood that Religion was often dishonour'd by expo∣sing of Relicks to Sale, to put a stop to this Scandal for the future, it prohibits the shewing of Re∣liks out of their Cases, the exposing them to Sale, and the honoring any new ones, unless approv'd by the Pope's Authority. It admonishes the Prelates not to suffer, that those who come out of De∣votion to their Churches, be impos'd upon by Falsities and Shams, as it happen'd in most Places where this Practice prevail'd for Interest. And they are prohibited from admitting of any Questors, who have not the Pope's permission, of which the Form is here given. Lastly, The Abuse of indis∣creet Indulgences is regulated, and 'tis order'd, That the Indulgences for the Dedication of a Church, shall last no longer than a Year, and that on the Anniversary of that Feast, they shall grant remis∣sion of Pennance enjoyn'd for Forty Days only. It likewise requires, That the number of Indul∣gence-days be likewise limited in all other Acts by which they are granted.

The Sixty third abolishes the Use, or rather Abuse, which was crept into some Churches of ex∣acting a certain Summ for the Benediction of Abbots, and for the Conferring of Holy Orders, and declares those who exact or receive any thing upon that account to be guilty of Simony.

The Sixty fourth prohibits likewise the exacting of any thing for being admitted into any Religi∣ous Order, and enjoyns, That the Nuns who shall give or exact any thing under any Pretence whatsoever shall be turn'd out of the Monastery, and enjoyn'd Pennance in a more Austere Mo∣nastery. And as to those who have been admitted for Money before this Decree, 'tis order'd that they shall retire into another Convent of the same Order, or shall be admitted afresh into the Mo∣nastery wherein they are, and shall take their Places only from the Day of this latter Admission. The same thing is order'd with respect to Monks and the other Regulars, and the Bishops are en∣joyn'd to publish this Decree every Year in their Diocesses, that it might be observ'd.

The Sixty fifth prohibits the Bishops from interdicting a Church after the death of the Curate, in order to exact a Summ of Money of his Successor, or from demanding any thing to permit a Secular to be admitted into any Religious Order or to be interr'd there.

The Sixty sixth prohibits the demanding any thing for the Burial of the Dead, for the Benedicti∣on of Marriage, or for any such like things. However 'tis not pretended by this Decree to put a stop to the pious Customs which some out of an Heretical Spirit would abolish.

The Sixty seventh is against the exorbitant Usury of the Jews. It orders, That those among them who exact any from the Christians, shall be debarr'd from having any Commerce with Christians; as well as those who will not give the Church satisfaction for the Tithes and the other Oblations due upon the account of the Houses or Inheritances which they Possess.

In the Sixty eighth 'tis order'd, That the Saracens and Jews shall wear particular Habits to distin∣guish them from others, and they are prohibited to go abroad on Good Friday, because at that time they were us'd to express their joy in insulting over the Christians. Princes are enjoin'd to prevent them from uttering Blasphemies against Jesus Christ.

The Sixty ninth revives the Canon of the Council of Toledo, which forbids the bestowing any Publick Charges or Offices upon them.

The Seventieth imports, That the Jews who are Converted and have been Baptiz'd, shall be hin∣dred from observing their Ceremonies, and from mixing Judaism with Christianity.

Those Chapters, or at least part of them, being Read in the Council, the Pope caus'd the Decree for the Croisade to be Publish'd, being drawn up in these Terms.

Being earnestly desirous to reco∣ver the Holy Land from the Hands of the Prophane, We Order by the Advice of Prudent Persons, who are acquainted with the favourable Circumstances of Times and Places, and by the Approbation of the Sacred Council, that the Croisado-Men shall be ready by the first of June in the Year ensuing; and that all those who are resolv'd to go by Sea shall Rendevouz in the Kingdom of Sicily, some at Brinda and others at Messina, and the adjacent Places, where we are resolv'd to be in Person, that so that Army may be Regulated by our Councils, Aided by our Succours, and depart with the Divine and Apostolick Benediction. Those who will go by Land, shall be likewise ready by the same time, and shall give us notice thereof, that so we may send them a Legate to Conduct and Succour them. That the Priests and other Ecclesiasticks from the Highest to the Lowest, who shall be in the Christian Army, take care to apply themselves to Prayer and Preaching, and to In∣struct others by their Doctrine and Examples, that so they might have the Fear of God always be∣fore their Eyes, and that they neither say nor do any thing which may offend the Divine Majesty: And if they should fall into any Sin, they rise again by Repentance.

He grants to the Ecclesiasticks who shall be in that Army, the Right of receiving the Revenues of their Benefices for three Years, as if they were Resident. He orders all the Prelates to admonish all those who are Engag'd in the Croisade, That they are oblig'd to perform their Vow, and to constrain those who will not do it by Excommunicating their Persons and Interdicting their Demeans, if they have no lawful Hindrance, which the Holy See judges sufficient to dispense them from their Vow. He recommends to them like∣wise the Exhorting and Inviting all the Princes and all their Subjects to provide Soldiers, Arms, Provisions and Ships for the Expedition, in order to obtain the Remission of their Sins: And to set

an Example himself, He declares, That he will furnish them with Thirty thousand Pounds of his E∣state, besides the Charges of the Journey of those Croisado-Men in and about Rome, upon which Three thousand Marks of Charity-Money, lying in his Hands, shall be expended. He enjoins all Bene∣ficed Men to give the Twentieth Penny of their Ecclesiastical Incomes during three Years for the Re∣lief of the Holy Land, and to deposite those Summs into the Hands of those who shall be Commis∣sion'd by the Holy See to be Collectors of it: He excepts out of this several Monks, and those who shall go in Person to this Expedition: He engages himself and the Cardinals to pay the Tenth of their Revenues. He puts the Estates of those who are engag'd in the Crosaide, under the Protection of the Holy See, that so no Tax might be laid upon them. He would have the Interests of the Money which they ow'd during this Expedition to be remitted, and that the Jews be oblig'd to remit it to them. He Excommunicates those who shall assist or succour the Corsairs and Pirates, that take and Rob those who go to the Holy Land; those who shall supply the Saracens with Arms, or other War∣like Ammunitions, to be made use of against the Christians; all those who shall aid or give them a∣ny Assistance; those who shall carry any Ships into the East, during the four ensuing Years; and those who shall hold any Turnaments. He enjoins, That all the Christian Princes who are at War shall make Peace, or at least a Truce for four Years, and that they shall be constrain'd thereto by Excommunicating their Persons and Interdicting their States. Lastly, he grants to all who shall go to the Holy Land in their own Persons, and at their own Charges, a plenary Indulgence of all their Sins for which they shall have Contrition, and which they shall have Confess'd: And he promises them a more perfect Degree of Eternal Happiness than to others. He grants likewise a plenary Indul∣gence to all those that shall send Persons to it at their own Charges, or to those who shall go at the Charges of others, and grants a proportionable Part of this Indulgence to those that shall Contribute to the Relief of the Holy Land either by their Goods or their Advice. And Lastly, He declares, That the Universal Synod joins with him in his good Wishes, to all those who shall Contribute towards so Good a Work.

Historians tell us of several other Matters which were Regulated by this Council, or rather by the Pope. The Cause of the Empire was there Agitated between the Deputies of Otho and Frederick, and Adjudg'd in favour of the latter. Therein they likewise Treated of the Affair of the Counts of Toulouse and Foix, who requested to be re-settel'd in their Estates. The Brother of the Count of Montfort maintain'd that they ought not to be restor'd to them, and upon their Contest, it was Or∣der'd, That the City of Toulouse, and the other Countries which the Croisado Men had Conquer'd, should be given to the Count of Montfort. And with respect to the Demeans which the Count of Toulouse had in Provence, that they should be Sequestred to be Surrendred either in whole or in part to the Son of the Count of Toulouse, if he gave any signs of the sincerity of his Faith and of his good Life. This Decree is related by Father Luke Dachery in the Seventh Tome of his Spicilegium, by which it appears, that there was likewise reserv'd to Raimond Count of Toulouse a certain Annual Summ upon his Revenues, and his Wife the Sister of the King of Arragon had reserv'd to her the Lands which belong'd to her as her Dowry. The Pope Confirm'd the Sentence of Suspension pass'd by his Legates against Stephen Arch-Bishop of Canterbury, Charg'd with having held Intelligence with the Barons of England who would have Depos'd the King. Those Lords were Excommunicated. 'Tis said likewise said, that the Patriarch of the Maronitae, Re-united those of his Nation to the Church of Rome in this Council; that there they Debated the Question about the Primacy of Toledo: That the Pope did then Institute the Order of the Cross, and Approv'd of the Dominican and Franciscan Orders.

This Council which was so Numerous at first, broke up in less than a Month. The Prelates wea∣ry with staying at Rome, beg'd leave one after another to depart; and the Pope (if Matthew Paris may be believ'd) granted them leave, by obliging them before their Departure to take up great Summs from the Merchants of Rome to give him. The War between those of Pisa and the Genoese, and the Troubles of Italy, immediately oblig'd the Pope to put an end to the Council, and to quit his Care for the Affairs of the Church, to put in order those of Italy. Being set out from Rome on that Design he Dy'd at Perusa the 16th. of July 1216.

The Council of Melun in the Year 1216.

POpe Innocent III. having Wrote to Peter of Corbeil Arch-Bishop of Sens and his Suffragans, against King Philip Augustus, whom he suspected of supporting his Son Lewis, whom he had Excommu∣nicated, * 1.11 because he carry'd on a War against John King of England, tho' he was Cross'd for the Holy Land; they met at Melun, in the Year 1216. to return an Answer to the Pope, and at the same time made several Orders relating to Church-Discipline. They order, That those who shall continue in a State of Excommunication above a Year and a Day without being Absolv'd, shall be constrain'd thereto by the Secular Power, which shall Seize upon their Persons and Effects. They prohibit a Prior, if he be not a Coventual, from Borrowing more then Forty Sols without the leave of his Abbot. They enjoin the Abbots and Priors to give an Account every Year in the Chapter, of the Income and the Expences of the Monastery. They prohibit them from Borrowing any Summ without the Consent of the Chapter and the Advice of the Bishop, in case the Abbot be absent. And Lastly, they order, the Abbots and Monks to be Habited according to their Quality.

The Council of Oxford, in the Year 1222.

STephen Langton Arch-Bishop of Canterbury, of whom we have already made mention; held a Council * 1.12 at Oxford in the Year 1222. wherein he made a great many Orders for Reforming the Church of England, and especially the Monastical Discipline. He therein Condemn'd an Impostor who call'd himself The Christ, and shew'd marks in his Hands, in his Feet, and in his Side, as the Scars of those Wounds made in his Suffering upon the Cross. We have the Canons of this Council, divided into Forty nine Chapters.

The first declares all those Excommunicated who wrong the Church; those that disturb the quiet of the State; false Witnesses, especially in the Case of Marriage, and Dis-inheriting; false Accu∣sers; those who unjustly or maliciously oppose the Patronage, or the taking Possession of Benefices: and those that obstruct the Execution of the Orders of the Prince against Excommunicated Persons.

The Second concerns the Duties of Bishops who are recommended to have honest and grave Al∣moners, to be Charitable, to give Audience to the Poor, and to do them Justice, to hear Confessions- to see that their Diocesses be Visited, to be resident at their Cathedrals on the Great Festivals and during Lent, and tosee that the Profession of Faith which they made at their Consecration be read.

By the Third, they are prohibited from exacting any thing for the Collation of Benefices; and by the Fourth, from delaying to give Institution and Induction to such as are presented to them for to supply the Benefices. However in case there be two Persons presented by two Patrons, it is order'd by the Fifth, That neither of them shall be promoted by the Bishop till the Cause be determin'd.

The Sixth imports, That the Priests shall celebrate Mass and administer the Sacraments with De∣votion; that they shall repeat the Words of the Canon entirely; that they shall not take the Ablution, if they are to celebrate again the same day. They are likewise prohibited from celebrating the Mass often on one and the same day, except on Christmas and Easter-day: or when a Corps is to be interr'd, in which case they shall say the First Mass of the Day, and the Second for the Deceas'd.

The Seventh prohibits the Ecclesiasticks who are Benefic'd or in Orders, from being Farmers, Judges, Bayliffs, or Officers, and from giving or passing Sentences of Death. Prohibitions are there∣in likewise made from holding a Session to try a Criminal in Consecrated Places, such as the Church and Church-yard.

The Eighth contains the Catalogue of Feasts that ought to be Solemniz'd, which are all Sundays, the Five Days of Christmas, the Circumcision, the Epiphany, all the Festivals of the Blessed Virgin, ex∣cept that of the Conception, to celebrate which no Man is oblig'd (these are the very Words of the Council) the Conversion of St. Paul, the Chair of St. Peter, all the Festivals of the Apostles, the Feast of St. Gregory, Holy Thursday, the Second, Third and Fourth Holydays in Easter-Week, As∣cension-day, the Second, Third and Fourth Holy-days in Whitson-Week, the Feast of St. Augustin in May, the Two Feasts of the Holy Cross, the Translation of St. Thomas the Martyr, the Two Feasts of St. John, the Feast of St. Margaret; that of St. Mary Magdalene, the Feast of St. Peter in bonds the Feasts of St. Lawrence, St. Michael, St. Edmund the Confessor, St. Edmund the King and Mar∣tyr, Sr. Catharine, St. Clement, and St. Nicholas, the Feast of the Dedication of each Church, and the Feast of the Holy Patron. There are likewise reckon'd several other Feasts of a Second Rank which are to be celebrated with less Solemnity, and several of a Third Rank, on which they might go to work after Mass, with a List of the Vigils and Fasts of the Year.

The Ninth enjoyns the Curates to Preach often, and to take care to visit the Sick.

The Tenth imports, That every Church shall have a Silver-Chalice, with other necessary Utensils, a White Surplice, Altar-cloths, Books and Ornaments proper and suitable, and that the Arch-Deacons shall take care of it.

The Eleventh prohibits a Man who resigns a Benefice, from retaining the Vicaridge thereof.

The Twelfth forbids the dividing a Benefice into several, and the giving it to divers Persons.

The Thirteenth prohibits the giving the Vicaridge of a Church to a Man who will not serve that Church in Person.

The Fourteenth orders the Residence of the Benefic'd Clergy.

The Fifteenth adjusts what Allowance is compleat for a Vicar.

The Sixteenth declares, That there ought to be two or three Priests in the great Parishes.

The Seventeenth imports, That the Bishop shall cause him who is presented to a Benefice to take an Oath, that he has given nothing to him who Presented him.

The Eighteenth, That there shall be settled in every Arch-Deaconry Confessors for the Rural Deans, end the other Ecclesiasticks, who will not Confess themselves to their Bishop.

The Nineteenth prohibits Rural Deans from taking Cognizance of Matrimonial Causes.

The Twentieth forbids all manner of Persons to keep Robbers in their Service..

The Twenty first forbids the Arch-Deacons to be any Charge to the Churches in their Visits.

The Twenty second prohibits the Leasing out of Benefices.

The Twenty third and the four next order the Arch-Deacons to inform themselves whether the Canon be as it ought to be, and whether the Priests know how to recite it and to pronouoce the Words of Baptism; to inform themselves whether the Eucharist and the Holy Chrism be under Lock and Key, and to take an Account of the Ornaments and Goods of the Churches.

The Twenty eighth prohibits the Ordinaries, or their Officers from Issuing out any Sentences which are not preceeded by a Cononical Admonition.

The Twenty ninth imports, That nothing shall be demanded for Burial, nor for Administring the Sacraments.

The Thirtieth and Thirty first prohibit the Ecclesiastical Judges from hindring the Agreement of the Parties, and from obliging any Person to clear himself, unless he has been Accus'd by Men of Probity.

The following Chapters regard the Manners of the Ecclesiasticks. They are order'd to wear the Clerical Habit, to have close Sleeves, and a Cronet and short Hair, to avoid Drunkenness, and to keep no Concubines.

The Thirty sixth and seventh prohibit the Alienation of the Church-Goods, and the giving them in Fief to Laicks.

The Thirty eighth and ninth have relation to the Nuns. They are prohibited to wear Silk-Vails, or such as are Embroider'd with Silver, to have Habits with Trains, and to demand any Money for be∣ing Admitted into the Nunnery.

The Fortieth prohibits the Farming out of Churches, unless for some Reason to be Allow'd by the Bishop, and to a Person who, one may be assur'd, will make a good use of it.

The Forty first prohibits the granting to any Person the enjoying a Benefice with the Charge of Souls, any Revenue in another Church, tho' it be sub Titulo Gratiae.

The Forty second imports, That the Advocates, who shall Dispute the Validity of a Marriage, which shall be declar'd Good by the Sentence of the Judge, shall be Suspended from their Function for a Year, if the Judge do not Discharge them by the Sentence it self.

The following Chapters relate to the Monks. 'Tis therein order'd, That they shall live in Common, that they shall Lie in the same Dormitory, and Eat in the same Refectory: That no Monk shall be Admitted before the Age of Eighteen: That the Nuns shall not go out of their Nunnery; That silence shall be kept in the Monasteries; That the Monks shall not go out of their Monastery without the leave of their Superiors: That the Superiors may send a Monk into another Monastery, if they think fit: That the Nuns shall have only such Confessors as are Appointed by the Bishop, &c. Last∣ly, The Council Confirm'd whatever had been Order'd in the Lateran Council under Innocent III.

The Council of Mentz in the Year 1225.

IN the Year 1224. Honorius III. sent as his Legate into Germany Cardinal Conrade Bishop of O-Porto, * 1.13 who had formerly been Monk and Abbot of Cisteaux, to endeavour to Reform the Manners of that Kingdom. This Legate Held a Council at Mentz the Ninth of December in the Year 1225. where he made several General Constitutions for all Germany.

The Three first are against the Clerks who keep Concubines.

The Fourth prohibits the Issuing out any Excommunication, without a precedent Admonition.

The Fifth declares the Legacies of Church-Goods made by Clerks to their Natural Children, or their Concubines Null.

The Sixth enjoins, That the Clerks who being Excommunicated or Suspended by their Bishops, continue to perform their Functions, shall be Depos'd from their Offices and Benefices, without hopes of being Restor'd.

The Seventh declares those Persons Excommunicated, who Celebrate the Holy Mysteries before Persons declar'd Excommunicated.

The Eighth imports, That the Bishops shall Certifie to the Neighbouring Bishops the Persons whom they shall have Excommunicated, that so they may shun them and cause them to shun'd by others, and declares, That if any of them shall wittingly Communicate with those whom his Brethren have Excommunicated, the Canons of his Cathedral Church shall separate themselves from his Communion so long as he persists in defiance of this Rule.

The Ninth Anathematizes the Patrons, who in bestowing of Benefices that are in their Gift, shall keep back part of the Tithes, or of the Ecclesiastical Revenues. In the next 'tis order'd, That those who shall be Advanc'd on that Condition, shall be Depriv'd of their Office, or their Benefice.

In the Eleventh the Bishops and Arch-Deacons are forbidden to receive any of those who are Presented to them by Patrons, till he has taken an Oath, that he has not committed Simony.

By the Twelfth it is prohibited to put any Hireling-Priests into Churches: And in those where there ought to be Vicars, 'tis order'd, That they shall be perpetual, and shall be allow'd an honourable Subsistence.

The Thirteenth inflicts the Penalty of Suspension on those who shall Tempt any Virgins Consecrated to God, and the Penalty of Excommunication ipso facto, on those who shall Debauch them. Lastly, it is order'd, That those Constitutions shall be Publish'd throughout all Germany.

The Council of Narbonne in the Year 1227.

LEwis VIII. King of France being at Pamiez in the Year 1226. made a Law against those who de∣spis'd * 1.14 the Keys of the Church, by which he Condemns to a Mulct, those who shall permit them∣selves to be Excommunicated, and orders, That all the Goods of those who shall remain under Ex∣communication above a Year shall be Sequestred. This Law was Confirm'd the next Year in a Pro∣vincial Council Held in Lent at Narbonne. This is the first Article of that Council.

The Second, Third and Fourth are against the Jews, by the last, they are adjudg'd to pay Yearly Six Pence each to the Parish wherein they live.

The Fifth Regulates the Forms of the Last Wills and Testaments, and imports, That they shall be * 1.15 made in the Presence of the Curate and some Catholick Persons.

The Sixth is against perjur'd Persons and false Witnesses.

The Seventh orders, That the Names of those who Confess themselves, shall be Registred, and that those who will not come at least once a Year to Confession, shall be depriv'd during their Lives from entring into the Church, and after their Death of Ecclesiastical Burial. It is likewise enjoin'd, That the Confessions ought to be made Publickly, and not Privately.

The Eighth imports, That every Lord's Day they shall Excommunicate publick Usurers, Incestu∣ous Persons, such who keep Concubines, Adulterers, Ravishers, and those who obstruct the Execu∣ting of Last Wills and Testaments.

The Ninth imports, That there shall be given to Priests who serve the Churches a competent and suitable Allowance.

The Tenth, That there shall not be less than three Monks, or three Canons in Religious Houses.

The Eleventh, That the Monks, or Regular Canons shall not perform the Office of Advocates.

The Twelfth, That the Clergy shall not be Tax'd.

The Thirteenth, That they shall not impose any new Customs.

The Fourteenth, That there shall be in every Parish Inquisitors after Hereticks.

The Fifteenth, That the Lords, Governors, Judges, &c. shall be oblig'd to drive out Hereticks.

The Sixteenth, That Hereticks shall be turn'd out of all Offices of Trust.

The Seventeenth, That they shall be declar'd Excommunicated who give any Countenance to Raimond the Son of the Count of Toulouse, to the Count of Foix, and to the Viscount of Beziers.

The Eighteenth, That those who have Benefices with the Cure of Souls, shall be Advanc'd to Priesthood.

The Nineteenth, That those who beg Alms shall not Preach in Churches but shall only Read their Letters.

The Twentieth, That the Feast of St. Matthias shall always be Celebrated in Leap-Year the second of the two Bissextile Days: That the Ember-Week in September shall always be observ'd the first Wednesday of that Month; and that every Year a Provincial Council shall be Celebrated on the Sun∣day call'd Laetare.

The Council of Toulouse in the Year 1229.

RAimond Junior Count of Toulouse having made his Peace with King Saint Lewis, and being return'd * 1.16 to his Estates, Romanus Cardinal of St. Angelo, Legate of the Holy See, follow'd him in order com∣pleatly to destroy Heresie in that Country, and Held there a Council in the Year 1229, which begun in July and ended in November, at which were present Peter Amelli Arch-Bishop of Narbonne, Gerard of Malemort Arch-Bishop of Bourdeaux, and Amaneus Arch-Bishop of Ausche, and several Bishops of those Provinces: The Counts of Toulouse and the other Barons and Lords of the Country, except the Count of Foix, were likewise there, with the Seneshall of Carcassonne and the two Consuls of Toulouse, who were to Swear to and Approve of the Peace. The Legate proceeded therein against several Hereticks, Reconcil'd several of them who Recanted, and made Forty five Orders for the Rooting out of Heresy.

In the First, He enjoins the Arch-Bishops and Bishops to settle in each Parish a Priest and two or three approv'd Laicks, to make Inquisition after Hereticks, and to engage them upon Oath to use their utmost Endeavours to find them out, to Present them forthwith to the Bishop, and to the Lords or their Bayliffs.

In the Second, the same thing is enjoin'd to Abbots exempted with respect to the Places where they have Jurisdiction.

In the Third, the Lords of the respective Places are recommended to search after Hereticks, and to ruin the Places whither they resort.

In the Fourth, there is added the Penalty of Losing their Estates, against those who know that a He∣retick lives in their Territories, and will suffer it. And with respect to those who shall neglect to make Inquisition after them, 'tis order'd in the next Canon, That they shall likewise be punish'd for their neglect. The Houses where Hereticks shall be found are not so much as spar'd; and in the Sixth Canon, 'tis declar'd, That they shall be destroy'd, and that the Ground shall be Confiscated. The Bayliffs are Condemn'd to the loss of their Offices and Estates, who shall be careless and negligent in searching after Hereticks.

But to prevent the Abuse that might be made of these Constitutions, in making those pass for Here∣ticks who were not so; 'tis order'd in the Eighth, That no Person shall be Condemn'd as an Heretick, who has not been judg'd to be one by the Bishop of the Place.

The Ninth gives leave to the Lords and their Officers to Apprehend Hereticks upon the Territories of other Lords.

The Tenth imports, That the Hereticks who voluntarily Recant, shall not remain in the Villages where they were, if they are suspected of Heresy, but shall be Transported into other Catholick Vil∣lages, which are free from suspicion; that they shall wear two Crosses on their Cloths, and have Cer∣tificates from their Bishops of their being Reconcil'd: That they shall not be admitted any more into Publick Offices, nor do any Publick Acts till they shall have been qualify'd for it again by the Pope, or his Legate.

In the Eleventh, 'Tis order'd with respect to those who are Converted by the fear of Death, or for some other such Account, that they shall be shut up in a Wall'd Place, that so they may not corrupt others.

The Twelfth imports, That all Men above Fourteen Years Old, and all Women above Twelve, shall make an Abjuration of all sorts of Heresy, and a Profession of the Faith of the Roman Church, and that they shall be engag'd to persecute Hereticks.

In the Thirteenth 'tis order'd, That all Persons who have the use of their Reason, shall Confess themselves twice a Year to their own proper Priest, and Receive the Sacrament of the Eucharist at Christ-mass, Easter and Whitsontide, so that Confession shall go before the Communion, unless the Priest think fit for some just Cause, that they should abstain one time from receiving the Eucharist, and that those who shall abstain from it upon other Accounts, shall be suspected of Heresy.

The Fourteenth prohibts Laicks from having the Books of the Old or New-Testament, unless it be a Psalter or a Breviary, and the Rosary, and does not permit them so much as to Translate them into the Vulgar Tongue. This Restraint was doubtless founded on that frequent Abuse which was made of them in that Country.

In the Fifteenth, They who are suspected of Heresy are prohibited the Practice of Physick, and He∣reticks are forbidden to come near the Sick, after they have receiv'd the Viaticum.

The Sixteenth orders, That the Last Wills and Testaments shall be receiv'd by the Curates.

The Seventeenth prohibits the Prelates and Barons from bestowing Offices which depended on them on Hereticks, and from having for their Domesticks suspected Persons, or of an ill Re∣putation.

The Eighteenth declares those to be of a bad Repute, who are notoriously Infamous, or against whom Persons of Worth give in Evidence.

The Nineteenth maintains the Churches and Religious Houses in their Privileges, and orders the entire Payment of Tithes.

The Twentieth prohibits the laying any Tax on the Clergy.

The Twenty first discharges them from all manner of Tributes and new Duties, and extends this Favour to the Monks and Pilgrims, provided they do not concern themselves in Merchandise.

The Twenty second obliges those who receive Taxes, to take care of the High-ways, and makes them Responsible for the Robberies committed between Sun and Sun.

The Twenty third forbids Laicks from laying any Tax on the Servants of Churches or of Church-Men, if they do not hold any Estate of them.

The Twenty fourth orders, That if any Person shall throw a Clergy-Man into Prison, even tho' he has not the Tonsure, the Bishop shall be acquainted of it: That the Lay-Judge shall be oblig'd to remit him into the Hands of the Ecclesiastical Judges, and that if he refuse to do it, he shall be declar'd Excommunicated and forc'd to deliver him up by his Lord.

The Twenty fifth orders all the Masters and Mistresses of every House, every Sunday and Holy-Day to be at Church, to hear the Preaching and Divine Service, and not to go out till Mass be quite over: That if they both cannot be there, one of them shall, and that if both miss without being Sick, or having any Lawful Excuse, they shall be oblig'd to pay Twelve French Deniers; one Moiety whereof shall go to the Lord, and the other to the Priest and the Church. They are likewise re∣commended to go to Church on Saturday-Nights in Honour of the Virgin Mary.

The Twenty sixth contains the Catalogue of the Festivals, which are as follow: Christ-mass-Day, the Feasts of St. Stephen, of St. John the Evangelist, of the Holy Innocents, of St. Sylvester, of the Cir∣cumcision, of the Epiphany, of the Purification, of the Annunciation, of the Assumption, of the Nati∣vity of the Virgin Mary, Easter-Day, and the two next Days, the three Rogation-Days, Whitsunday and the two following Days, the Nativity of St. John Baptist, the Invention and Exaltation of the Holy Cross, the Feasts of the Twelve Disciples, of St. Mary Magdalen, of St. Lawrence, of St. Martin, of St. Nicholas, of the Dedication of St. Michael, the Dedication of each Church, the Feast of the Holy Patron and every Sunday.

In the Twenty seventh 'tis order'd, That during all those Festivals, they shall abstain from all man∣ner of Work according to Custom, and according to the Order which shall be prescrib'd by the Bi∣shop, and that the Curates shall give notice of them every Sunday at Mass.

The other Canons relate to the observing of Peace, and contain Orders for Civil Affairs.

The Council of Chateau Gonthier in the Year 1231.

IN the Year 1231. Francis Cassardi Arch-Bishop of Tours and the Prelates of the Province, being met * 1.17 in a Council at Chateau-Gonthier, being desirous to Redress several Abuses which were in that Pro∣vince, made Thirty seven Canons.

The First enjoins, That Prelates ought not to tolerate Clandestine Marriages, and to proceed with∣out delay and without excuse, to the Divorcing of those who had Contracted them.

The Second prohibits the Arch-Priests and Rural Deans from taking Cognizance of Matrimonial Causes.

The Third orders the Institution of a Curate into a Church, to be after this manner: The Pa∣tron whether an Ecclesiastick, or a Laick shall Present to the Arch-Deacon, or the Rural Dean, and afterwards to the Bishop, or to him who has the Episcopal Power, the Person whom he has Chosen within the time prescrib'd by Law: He shall be oblig'd to Swear, that he has neither given nor pro∣mis'd any thing for that Benefice, and that he does not know, that any one has given, or promis'd any

thing for him: Lastly, The Bishop, or he who has the Episcopal Power, shall give him the Cure of Souls, and he shall be oblig'd to Swear, That he will obey his Bishop, maintain the Rights of his Church, and recover the Estates which are Alienated.

The Fourth orders the Bishops to oblige all the Clergy who have Benefices with Cure of Souls, to serve them in Person, unless they judge that they ought to be dispens'd from it upon a just cause.

The Fifth imports, That when a Church shall be farm'd out, a sufficient part of the Revenue shall be reserv'd for the Maintenance of the Caplain.

The Sixth, That the Number of the Canonships of each Chapter shall be fix'd, that so the Pre∣bends may not be divided but given whole to one and the same Person.

The Seventh, That they shall no more give the Presentation of the Prebend which shall be first va∣cant in Cathedral Churches.

The Eighth, That the Customs of Cathedral Churches shall be set down in Writing.

The Ninth, That those who communicate with Excommunicated Persons, if they do not abstain from so doing after notice given them, shall be debar'd entring the Church.

The Tenth, That the Ordinaries and Delegates shall be very sparing in Issuing out General Ex∣communications.

The Eleventh, That the Priests and other Ecclesiasticks shall not be Tributary to Laicks, and those who shall become such, shall be Suspended ab Officio & Beneficio.

The Twelfth prohibits Arch-Priests, Arch-Deacons and others who are invested with Ecclesiasti∣cal Jurisdiction from having their Offices out of Town, and enjoyns them to discharge their Functi∣ons themselves in Person.

The Thirteenth forbids the Prelates and others who have Jurisdiction, from receiving the Right of Procuration in Money.

The Fourteenth prohibits the Prelates from demanding Money in Farming out of Churches.

The Fifteenth imports, That the Patrons who give Presentations to uncapable Persons, shall for∣feit their Right of Presenting pro hâc vice.

The Sixteenth, That those on whom Benefices are bestow'd with Cure of Souls, shall understand the Vulgar Language of the Country.

The Seventeenth prohibits the selling of the Election of Guardianships.

The Eighteenth orders, That no Priest shall be admitted to perform his Functions unless Licens'd by his Bishop, or unless his Ordination be evident.

The Nineteenth forbids the Laicks to Vend their Actions to Ecclesiasticks, in order to trick the Tri∣bunal of the Secular Judge.

The Twentieth imports, That Ecclesiasticks taken in any enormous Crime, shall be put into the Bishop's Hands, who shall degrade them if convicted of any Crime which deserves that Punishment, and that afterwards if they do not amend, the Church shall no longer protect them.

The Twenty first orders, That Debauch'd Clerks shall be shaven, that so their Clerical Tonsure may not be seen.

The Twenty second, That such of the Croisade who are guilty of Enormous Crimes, shall be de∣clar'd to have forfeited their Privileges by the Ecclesiastical Judge, and if they continue to commit such Crimes, they shall be Punish'd by the Secular Judge.

The Twenty Third is against Tyrants or great Lords, who caus'd the Estates of Ecclesiasticks to be riffled by Persons of ill fame.

The Twenty fourth orders the Monks to keep Silence, and to see, That those of the same Order be habited in the same manner agreeable to their Rule.

The Twenty fifth prohibits the putting young Monks who are not quite Fifteen years Old into any other Priories besides Conventuals.

The Twenty sixth prohibits all Monks from having any thing de Proprio.

The Twenty seventh orders them to observe the Rule about abstaining from Meat.

The Twenty eighth imports, that an Abbot shall not go in the Country without a Monk attending him, nor a Monk without a Foot-boy.

The Twenty ninth, That a single Monk shall not be put into Priories, but that there shall be two who shall say the Office which is done at twice, for the Patrons.

The Thirtieth is against Usurers; 'tis therein Ordered, That they shall be Excommunicated every Sunday, and that such as are suspected of that Crime shall be oblig'd to justifie themselves and to re∣nounce it publickly.

The Three next are against the Jews, to hinder them from insulting over the Christians; and to deprive them of the Right of being Witnesses.

The Thirty fourth prohibits under pain of Excommunication the Contracting of Marriage, till af∣ter the Banns have been publish'd after the usual manner; that so an Engagement to Marry may be granted and given in the Face of the Congregation.

The Two next prescribe what Oaths the Judges and Lawyers ought to take.

The Last confirms the Canons made in the Council held at Laval.

The Council of Beziers in the Year 1233.

GAuthier de Marvis Bishop of Tournay and Legate of the Holy See, held a Council at Beziers in the * 1.18 year 1233, wherein he Publish'd the Twenty six following Orders.

The First is, That they shall every Sunday Excommunicate the Hereticks and their Favourers.

The Second, That any Person whatever may apprehend an Heretick and carry him before the Bishop.

The Third, That the Favourers of Hereticks may not buy Bayliwicks.

The Fourth, That Converted Hereticks who will not wear a Cross shall be treated as Hereticks and their Good confiscated.

The Fifth, That the Priests shall carefully observe the Decrees of the Council of Toulouse against the Hereticks, and against those who are not present at Divine Service.

The Sixth, That Examination shall be made into the Capacity and Morals of those who are pro∣moted to Holy Orders, and that none shall be admitted, who has not a Patrimonial Title to the va∣lue of a Hundred French Sols.

The Seventh, That the Tonsure shall be only given to those who can Read and Sing, who are the Children of Freemen, and born in lawful Wedlock, unless the Bishop of the Place grant a Dispen∣sation.

The Eighth prohibits Bishops from exacting Oaths for their Interest of those upon whom they shall confer Orders.

The Ninth imports, That the Bishops shall supply the Archdeaconeries with Persons zealous for the Salvation of Souls, and capable of instructing both Clergy and Laity.

The Tenth, That the Constitutions of the Fourth General Lateran Council against those who Ex∣communicate unjustly shall be read.

The Eleventh, That the Patrons, as well Ecclesiasticks as Laicks shall present to the Bishops, Curates, or perpetual Vicars of the vacant Churches before the Feast of All-Saints.

The Twelfth, That those who have Benefices with Cure of Souls, shall be constrain'd to take Orders forthwith, or else lose their Revenues: That if a Cure be united to a Prebend or Dignity, he who enjoys them, shall put a perpetual Vicar in his stead into the Cure, to whom he shall give a competent Maintenance: And that every Parish-Church shall have a perpetual Priest who shall serve the Cure in Person.

The Thirteenth, That the Constitutions made in the Fourth General Lateran Council about the Life and Morals of the Clergy shall be observ'd.

The following Canons relate to the Monks.

The Fourteenth prohibits their having any thing de Proprio, and declares, That this is so annex'd to the Monachal Order, that not only the Abbots may not exempt a Monk from this Law, but al∣so that the Pope cannot dispence with it, any more than he can with the Observance of Celibacy.

The Fifteenth and Sixteenth prescribe to the Abbots, Monks, and Regular Canons how they ought to be cloathed.

The Seventeenth enjoyns the Monks to shut up their Cloysters, and not to suffer any Seculars to enter without necessity.

The Eighteenth orders the Reading in the Refectory, and that a Chapter be held every Day.

The Nineteenth enjoyns them to stay in the Cloyster from the Chapter-Hour till Tierce, and for∣bids them to go out without leave of their Superior.

The Twentieth imports, That every Week Distribution shall be made to the Poor.

The Twenty first, That there shall be in the Monasteries a Monk, or a Secular to teach Grammar.

The Twenty second prohibits the giving of Estates to Monasteries in prospect of having Benefices bestow'd upon them, divests those of them who came to them by such methods, and deprives those likewise who gave them, of their Privilege. A Prior or an Abbot is likewise forbidden to possess the Priory of another Monastery, unless he be call'd by a Canonical Election to some Conventual Priory.

The Twenty third imports, That they shall not sell Wine in a Monastery, nor suffer Persons of Scandalous Profession to enter therein.

The Twenty fourth, That they shall not admit Laicks to posses Prebends, or the Revenues of those Benefices, as given by way of Oblation.

The Twenty fifth, That they shall not suffer one Monk to be in a Priory alone, that there shall be three or four, but no Irregular Monks shall be sent thither.

The Twenty sixth, That they shall oblige all those who are arriv'd to the Age of Fourteen to swear that they will keep the Peace.

The Council of Arles, in the Year 1234.

John Baussanus Arch-Bishop of Arles held a Provincial Council in the Year 1234, wherein he * 1.19 made Twenty four Constitutions.

In the First, He orders that the Canons of the Fourth General Lateran Council shall be put in Execution.

By the Second, He obliges the Bishops to Preach the Faith themselves, and to cause it to be Preach'd by Persons of Merit.

In the Third, He admonishes the Bishops to make use of Exhortations and even Censures to oblige the Officers of Justice and the Lords to root out Hereticks out of their Jurisdiction.

In the Fourth it is order'd, That every Sunday an Excommunication shall be Publish'd against He∣reticks and their Favourers.

The Fifth imports, That in each Parish a Priest, and two other Persons shall be settled as Inquisitors.

The Sixth, That the Hereticks Convict shall be condemn'd to perpetual Imprisonment, and that those who will not recant shall be deliver'd up to the Secular Power.

The Two next are for the Observation of Peace.

In the Ninth, He Prohibits the Confraternities and Societies which are not allow'd by the Bishop.

The Tenth imports, That they shall not give Absolution to those who are Excommunicated for having done any Injury till such time as they have made Satisfaction.

In the Eleventh, He orders, That the Bodies and Bones of those who after their death shall be disco∣ver'd to have been Hereticks, shall be dug up again.

In the Twelfth, 'Tis prohibited to bestow Benefices on Laicks.

In the Thirteenth, He declares, That the Excommunication ought to be usher'd in by an Admoni∣tion, and if the Excommunicated do not get themselves absolv'd within a Month, they shall not re∣ceive Absolution till they have paid 50 Sols a Month from the time of their Excommunication.

In the Fourteenth, He exhorts the Bishops to be vigilant in reforming the Manners of their Clergy.

In the Fifteenth, He orders, That they should Excommunicate every Sunday the Usurers, Publick Adulterers, Diviners and Sorcerers.

In the Sixteenth, That the Jews and Jewesses shall be distinguish'd from Christians by a Badge which they shall wear on their Habits.

In the Seventeenth, He declares, That if the Privileg'd Persons will not submit to the Sentences of Prelates and to their Censures, one may refuse to do them Justice.

In the Eighteenth, That all the Bishops of the Province ought stiffly to maintain the Rights of the Regale of the Church of Arles.

In the Nineteenth, That each Church of the Country ought to have a Curate, or at least to be supply'd by the Bishop's Order.

In the Twentieth, That Bishops and other Prelates having the Cure of Souls, shall proceed accord∣ing to the Forms of the Canons in the Affairs relating to Tithes, Legacies, Chapels and other Ecclesi∣astical Rights.

In the Twenty first, He prohibits the making any Last Will and Testament but in the Presence of the Curate.

In the Twenty second, He prohibits the raising any new Taxes.

In the Twenty third, He pronounces an Anathema against those who treat for the Tithes or other Rights of the Church with the Monks without the Consent of the Bishop.

In the Twenty fourth, He orders, That no Bishop may turn an Ecclesiastick out of his Benefice without taking cognizance of the Cause.

This same Arch-Bishop held a Second Council at L'isle in Provence, in the year 1251; wherein he has renew'd these Constitutions and Explain'd them, and Couch'd them in Thirteen Chapters, the last of which is against Clandestine Marriages.

The Council of Narbonne, held about the Year 1235.

PEter Amelli Arch-Bishop of Narbonne, John Baussanus Arch-Bishop of Arles, and Raymond Arch-Bishop * 1.20 of Aix, being met, as 'tis believ'd, at Narbonne about the Year 1235, made Decrees about the Punishment of Hereticks, directed to the Brethren Inquisitors of theirs and the Neighbouring Pro∣vinces, who had propos'd to them several Doubts on that Subject, wherein they return them this Answer; That they ought to impose for Pennance on the Hereticks and their Favourers (who voluntarily recant, and to whom they have promis'd that they shall not be cast into Prison) the wearing of Crosses, the present∣ing themselves every Sunday in the Churches with part of their Body naked, and with Wands in their Hands between the Epistle and Gospel in order to receive the Discipline; To do the same thing at the solemn Processions, to be present every Sunday at Mass, at the Vespers and at Sermon, to Fast, to visit the Holy Places, to defend in Person or by others maintain'd at their Charge the Faith of the Church against the Saracens and Hereticks (but not to order them to go beyond Sea) to make them shift their Country, and build Places to shut up the Poor Converts. Moreover, They leave it to the Discretion of the Inqui∣sitors to impose such Pennances as they shall think Convenient, to increase or moderate them. They would have them to oblige the Converts to make a publick Confession of their Faults. They commit to the Curates the taking care to see that the Converts observe the Pennances which the Inquisitors shall have impos'd on them. With respect to other Hereticks, who ought to be confin'd according to the Law of the Council of Toulouse; they say, That there being so great a Number of them, that this cannot easily be done, the Pope shall be acquainted with it, and only such shall be confin'd who are most Capable of Corrupting others. As for the Rebels, Apostates, Favourers of Hereticks and those who conceal or neglect to punish them, they would have them be treated variously according to the Variety of their Faults. They Admonish the Jacobine Friars, not to impose any pecuniary Mulcts, nor to demand any. They would not have Persons suspected of Heresie, or New Converts to be ad∣mitted into a Religious House. They prescribe several Laws about the Proceedings of the Inquisition, such as keeping the Names of the Private Witnesses, the receiving all sorts of Witnesses, not to hear them above once, not to credit the Confessors, about the Points on which Hereticks ought to be in∣terrogated; about the Errors of the Vaudois, and the signs whereby to discover them.

The Council of Tours in the Year 1236.

JEwellus de Mayenne Arch-Bishop of Tours, on the Tuesday before St. Barnabas's day, in the Year * 1.21 1236, held an Ecclesiastical Assembly in that City, wherein he Publish'd Fourteen Decrees for the Ecclesiastical and Civil Polity.

By the First, The Croisado-Men are depriv'd of their Privileges, when they Commit such Crimes as deserve Punishment, and they and the other Christians are prohibited from killing or abusing the Jews.

In the Three next 'tis order'd, That none shall be admitted Lawyers, who have not studied the Law for Three Years, nor Officials, who have not studied it Five Years, nor Notaries who are not acquainted with the Style and Constitutions of the Palace.

In the Fifth, To Obviate the Frauds of those who made an ill use of the Letters of the Holy See, the Commissaries delegated in the Province of Tours, are prohibited from Executing their Commission till they have shew'd the Original Copy of it, and unless He that has it, swear that he has procur'd those Letters, that they are true, and that he will not carry him with whom he has to do before o∣ther Judges.

By the Sixth, The Judges are order'd to have regard to Appeals.

In the Seventh, The Bishops are recommended to take care, that the Last Wills and Testaments be duly Executed.

The Eighth declares, Those who contract two Marriages at a time to be Infamous, and condemns them to be whip'd.

The Ninth orders, That every Sunday the Sorcerers shall be Excommunicated, and condemns them to severe Correction.

The Tenth, Renews the Prohibitions of Communicating with Excommunicated Persons, made in the Council held at Chateau-Gonthier, under Penalty of a Pecuniary Mulct.

The Eleventh imports, That those who pretend to be exempt from the Jurisdiction of the Ordina∣ry, shall be oblig'd to Exhibit their Letters of Exemption.

In the Twelfth, False Witnesses are Condemn'd to severe Punishments.

In the Thirteenth, The Bishops are enjoyn'd to take care that the New Converts of their Diocesses be instructed, and to provide a Subsistence for them, least they return to their Errors under the pre∣tence of Poverty.

In the Fourteenth, The Abbots and Priors are order'd to use Hospitality.

The Council of London in the Year 1237.

HEnry III. King of England in the Year 1237, sent for Cardinal Otho Legate of the Holy See. At first the Clergy and Laity were alarm'd at his Coming, but that Cardinal behav'd himself with * 1.22 a great deal of Moderation and Prudence. He reconcil'd the Lords, refus'd part of the Presents which they offer'd him, and appointed a Synod to be held at London for the reforming the Discipline. The King of England shew'd him a great deal of Respect, which made the Grandees of the King∣dom to murmur. The King of Scotland was more reserv'd, and would not permit the Legate to en∣ter his Dominions, telling him that he had no occasion for a Legate in his Kingdom; that all was well enough there; that they had never seen any Legate there; that he would never suffer any; that be∣sides he would not do well to expose his Person by coming thither, because the People of his Coun∣try were Savage and Cruel, and might perhaps abuse him.

The Council Appointed to be Held at London by the Legate, was Held there on the next Day af∣ter the Octave of St. Martin, The Legate appear'd there seated on a Magnificent Throne, the Arch-Bishop of Canterbury on his Right-Hand, and the Arch-Bishop of York on his Left, who both of them made Protestations for the preservation of their Privileges. Afterwards the Legate made a Speech to the Prelates of the Council on the Prudence and Wisdom of Ecclesiasticks. On the Morrow the King sent Commissioners to the Council, who should warn the Legate, That he did nothing which might infringe the King's Prerogative; and one of them stay'd in the Council to take care of it. The Legate order'd the Letters of his Legation to be Read. On the third Day they made an end of Reading the Decrees, which the Legate propos'd in the Council, which began to be Read the first Day. They are Thirty one.

The First concerns the Dedication of Churches, and implies, That it deriv'd its Original from the Old and New Testament, and has been observ'd by the Holy Fathers under the New. That it ought to be Solemniz'd with greater Dignity and Care, since then they only Offer'd Sacrifices of Dead Beasts, whereas now they Offer on the Altar, by the Hands of the Priest, a Living and True Sacrifice, namely the Only Son of God: Therefore the Fathers have with Reason order'd, That so Sublime an Office, should be Celebrated only in Consecrated Places, at least, when no necessity requires its being done elsewhere, Having therefore seen and understood that a great many despise or neglect this Sacred Ministry, and having met with a great many Churches, even Cathedrals, which tho' An∣cient, have not as yet been Consecrated with the Holy Oyl; to remedy this Neglect, they order, That all Cathedral, Conventual and Parochial Churches which are compleatly Built, shall be Consecrated within two Years by the Diocesan Bishops, or by their Authority; and the same time is prescrib'd for those which shall be Built hereafter. And that this Stature may be observ'd, they prohibit the Celebra∣tion of Mass in those Churches which shall not have been Consecrated within two Years after they shall be Built. They forbid the Abbots and Curates to pull down old Consecrated Churches, under a pretence of making them finer, without the consent of the Bishop of the Diocess, who shall take care to see whether it be fit to be granted, or no; and if he grants it, he shall see that the new One be finish'd forthwith. As to Chappels, they order nothing in particular with respect to them.

The next Canons contain the Doctrine of the Sacraments: In the Second the number of them is determin'd, and 'tis declar'd. That they ought to be Celebrated with Purity and Gra•…•…tously.

The Third is upon Baptism, 'tis therein determin'd, That the time of Administring it Solemnly is Holy Saturday, and the Saturday in Whitsun-Week, that Infants ought to be Baptiz'd on those Days, and it enjoins Curates to Teach their Parishioners the Form of Baptism, that so they may Administer it in Case of necessity.

The Fourth is against those who require Money for, giving Absolution and the other Sacraments.

The Fifth imports, That the Bishops shall take care to Nominate in each Deanery Prudent and Wise Confessors, to Confess the Clerks who are asham'd to Confess themselves to the Deans, and that there shall be in Cathedrals a General Penitentiary.

The Sixth, That those who are to be Ordain'd shall be Examined, and that a Register shall be kept of those who shall be Approv'd, that so others might not mix themselves with them.

The Seventh prohibits the Farming out of Benefices, and especially Dignities.

The Eighth imports, That if any Churches be Leas'd out, it shall be only for five Years.

The Ninth, That they shall not Let out Leases for ever.

The Tenth, That the Vicars shall be Priests, and oblig'd to Personal Residence in the Churches which they are to Serve.

The Eleventh, That they shall not give away the Benefices of the Absent upon the Report of their being Dead, unless they are assur'd of it.

The Twelfth prohibits the dividing of Benefices.

The Thirteenth renews the Decrees concerning Residence, and against those who have Pluralities,

The Fourteenth regulates the manner of the Habits of the Clergy, and recommends to the Bishops to be the first in giving an Example to others.

The Fifteenth to prevent the Marriages which some Clerks contracted Clandestinely to save their Benefices, declares the Children born of such Marriages uncapable of holding Benefices.

The Sixteenth renews the Ecclesiastical Statutes against Clerks who kept Concubines.

The Seventeenth prohibits the Children of Clerks from Possessing the Benefices of their Fathers.

The Eighteenth is against those who Protect, and give Shelter to Highway-Men.

The Nineteenth prohibits, all the Monks from Eating Flesh, and orders, That their Novices shall be oblig'd to Profess at the end of their Year: Which is likewise extended to Regular Canons.

The Twentieth enjoins the Arch-Deacons to do their Duty with Diligence, and not to burden the Churches by excessive Duties of Procuration.

The Twenty first forbids the Ecclesiastical Judges to hinder the Parties from Agreeing.

The Twenty second exhorts the Bishops to Reside in their Churches; there to Celebrate Di∣vine Service on the chief Festivals of the Year, on the Sundays of Advent and Lent, and to see that their Diocesses be Visited.

The Twenty third imports, That Care shall be taken to Place able Judges, especially in Matrimoni∣al Causes; and that the Judges of Abbots who are in Possession, shall not pass a definitive Sentence, till after they have Consulted the Bishop of the Diocess.

The Eight other Constitutions relate to the various Forms of Justice, and the Conditions which make these Acts Authentick. These Decrees were Read in the Council, and the Prelates of Eng∣land hearkened to them very quietly. There was only the Bishop of Worcester who Remonstrated touching the Prohibition of having Pluralities, That this Law could not be observ'd in England, be∣cause there were a great many Persons of Quality that enjoy'd several Benefices, who liv'd honoura∣bly upon them, and bestow'd large Alms. He said likewise, That it would be very difficult to ob∣serve the Abstinence from Meat, according to the Rule of St. Benedict, in all Monasteries, and he de∣sir'd the Legate to send the Pope Word of these things. The Legate consented thereto, provided the other Prelates of the Council would join with him. Lastly, Because several gave out, That the Or∣ders which should be made by the Legate, should only be of Force during his Legation, he caus'd: Decretal to be Read which Authoriz'd them for ever.

The Council of Cognac in the Year 1238.

IN the Year 1238. Gerard Arch-Bishop of Bourdeaux call'd a Council at Cognac the Munday after * 1.23 the Octave of Easter, wherein he Publish'd Thirty nine Decrees.

The First Excommunicates those what made use of several sorts of Tricks, which are express'd in particular.

The Second likewise declares those Men Excommunicated, who Conspire against Ecclesiasticks; the Persons who Cite any one before them without having seen the Authentick Letters of their Com∣mission; and those who inlarge them, and those who detain the Goods or the Persons of Ecclesiasticks.

The Third Excommunicates the Laicks who detain Churches, Hospitals, or Religious Houses.

The Fourth forbids the Arch-Deacons, Arch-Priests, and Deans to have Vicars: And the Fifth forbids Curates to be Vicars in other Churches.

The Sixth orders, That every Parish shall have a particular Seal.

The Seventh, That no Person shall be Cited before the Commissaries of the Holy See, till the Original of the Letters of the Commission be Exhibited, and a Copy be given thereof.

The Eighth prohibits the Bishops and other Ecclesiastical Judges from taking off Excommunica∣tions made for Offences committed, till such time as they have oblig'd the Party Offending to make Satisfaction.

The Ninth enjoins the Bishops to see that the Sentences of Excommunication Issued out by their Colleagues be duly Executed in their Diocesses.

The Tenth orders, That none shall be Commission'd to Try Causes of Matrimony, but able And Discreet Persons.

The Eleventh, lays the Penalty of Excommunication on such Lay-Judges as oblige the Eccle∣siasticks to Plead before them.

The Twelfth and Thirteenth prohibit the Monks and Priests from being Advocates and Proctors.

The Fourteenth orders, That Advocates shall be appointed for Pauper's.

The Fifteenth, That if two Lords have Vassals who are subject to them promiscuously, they shall be Interdicted for the Faults of either of them.

The Sixteenth, That the Lords shall restore to the Churches, what they have taken away from them upon the account of the Interdiction Issued out against them.

The Seventeenth prescribes the Formalities which ought to be observ'd in the Excommunication of Barons.

The Eighteenth condemns them to a Fine of Ten Livres, who remain in a State of Excommunicati∣on for 40 Days.

The Nineteenth, deprives those who Apprehend or Abuse the Clergy, of the Right of being admitted in∣to Holy Orders, and of Possessing Benefices themselves, or by their Descendants to the Third Generation.

The Twentieth prohibits the Abbots from giving Money to the Monks or Regular Canons for their Subsistence, and from receiving any thing for Admission into their Monasteries.

The Twenty first orders, That the Stewards shall give an Account of their Management every Month, and the Abbot, every Year, and that the Cloysters shall be shut up at seasonable Hours.

The Twenty second prohibits the Monks from going out of their Monastery without leave of their Abbots, and from staying, or Eating abroad.

The Twenty third prohibits them likewise from preferring any Petition in a Court of Judicature, without the Order of their Abbot.

The Twenty fourth prohibits the Monks and Regular Canons from wearing Cloaks in their Mo∣nastery, or in the Places of their Abode.

The Twenty fifth forbids them to have any thing de Proprio, under the Penalty of being depriv'd of Ecclesiastical Burial.

The Twenty sixth prohibits them likewise from having certain kinds of Habits, and from wearing a Gown which is not close, and which has not Sleeves.

The Twenty seventh enjoins the Abbots twice every Year to publish an Excommunication against the Monks who shall have any thing by way of Property, or who shall not be Habited conformably to their Quality.

The Twenty eighth prohibits Monks from being Bail for any, and from borrowing more than Twenty Sols.

The Twenty ninth, enjoins them to observe the Rule of Saint Benedict about abstaining from Meats.

The Thirtieth prohibits them from holding Curacies, unless in case of necessity, and with the leave of the Bishop their Diocesan.

The Thirty first prohibits the Monks and Regular Canons from being alone in Priories, or in Barns.

The Thirty second orders, That no Co-Friaries shall be establish'd without the leave of the Dioce∣san Bishop.

The Thirty third imports, That a Competent Allowance shall be given to those that Serve the Cures, enough to maintain them.

The Thirty fourth prohibits the Building of New Monasteries, or Hospitals, without the leave of the Bishop.

The Thirty fifth, renews the Prohibitions against Alienating the Goods of the Church, without special Licence from the Bishop.

The Thirty sixth orders, That the Curates who have Parishioners in Common shall be oblig'd to divide them between them.

The Thirty seventh prohibits the allowing Ecclesiasticks of another Diocess to Celebrate Divine Service, unless they have Testimonials from their Bishop of their Orders, of their Morals, and of the occasion of their Journey.

The Thirty eighth prohibits him who Presents to a Benefice, the demanding of him whom he Pre∣sents an Oath, whereby he engages himself to take nothing of any Person, because this looks like Simony.

The Thirty ninth imports, That no Person shall provide for the Vacant Churches, the Presentati∣on of which is laps'd to the Ordinary.

The Council of Tours in the Year 1239.

JEwellus de Mayenne Arch-Bishop of Tours Held another Council in that City in the Year 1239, in * 1.24 which he made the following Decrees.

The First is, That the Bishop shall Nominate in each Parish three Clergy-Men, or at least three Creditable Laicks, of whom he shall take an Oath to speak the Truth about the Scandals which shall happen in that, or the Neighbouring Parishes in matters of Faith, or other Ecclesiastical Crimes.

The Second imports, That the Clerks Convicted of Crimes, shall at first be punished according as the Bishop pleases, and for the second Offence by the forfeiture of their Benefices.

The Third orders, The Priests to wear close Habits, under the Penalty of five Sols Fine.

The Fourth imports, That nothing shall be demanded, or exacted before the Administration of the Sacraments, but that they might demand the usual Dues after they have been Administred.

The Fifth and Sixth prohibit the Priests and Curates from Excommunicating their Parishoners by their own Authority.

The Seventh, declares those legacies Null, which are made by a Beneficed Clergy-Man, or one in Orders to his Natural Son.

The Eighth, renews the Prohibition made in the Council of Chateau-Gonthier, against Arch-Dea∣cons and other inferior Prelates having of Officials.

The Ninth forbids the Prelates to Issue out Sentences of Excommunication hastily, and enjoins them to do it maturely, and after the Admonitions prescrib'd by the Laws, and made in a competent distance of time, at least if the Affair does not require speed. The same Canon does afterwards prescribe the order that is to be observ'd in the pronouncing of Excommunication.

In the Tenth, 'tis prohibited to Excommunicate in general Terms all those who Communicate with Excommunicated Persons.

The Eleventh prohibits the giving of Money to the Regulars for their Maintenance.

The Twelfth prohibits the Clergy and Monks from having Servant-Maids in their Houses, or in their Priories.

The Thirteenth, interdicts the Monks from the Right of serving Curacies, if the Bishop has not intrusted them with the Cure of Souls,

The Council of Laval in the Year 1242.

THE same Arch-Bishop of Tours Held a Third Council at Laval in the Diocess of Mans in the Year * 1.25 1242, wherein in the first place he renew'd the Statutes about the Monastical Habits and Discipline.

2. He order'd that the Abbots should take care to keep the Priories in good Condition.

3. He prohibited them from changing the Priors.

4. He prohibited the Arch-Deacons from taking Cognizance of Matrimonial or Simoniacal Causes without a special Power from the Bishop, and from having Officials out of the City.

5. He renew'd the Penalties inflicted by the Canons on Clergy-Men, who Plead in Secular Courts of judicature.

6. He regulated the manner of Celebrating Divine Service during the Interdiction.

7. He likewise renew'd the Prohibition made against Monks having Money of their own to buy themselves Cloaths.

8. He declar'd, That he who remain'd a whole Year Excommunicated oughtto be banish'd from the Place where he dwelt.

9. He order'd, That those who were accus'd of having injur'd the Churches, and against whom there were strong Suspicions, ought to clear themselves Canonically, and that if they cannot come off with this Purgation, they ought to be Punish'd.

The first General Council of Lions in the Year 1245.

WE will not here repeat what we have already said concerning the History of this Council, and * 1.26 of the Sentence which the Pope herein pass'd against the Emperor Frederick; but since we have not spoken of the other Affairs which were Transacted, nor of the Decrees which were made in it, we are oblig'd to say something of them in this Place.

There were three principal Affairs besides that of Frederick: The Relieving of the Empire of Con∣stantinople against the Greeks; that of the Empire of Germany against the Tartars; and that of the Holy Land against the Saracens. The Pope willing to provide for those three urgent Necessities or∣ders for the Relief of Constantinople, That a Moyety of the Revenues of all Benefices, on which the Incumbents did not actually Reside, should be given. However excepts out of this Act the Clergy of the Church of Rome, the Crosaido-Men, and those who have Lawful Excuses for their Non-Residence. He likewise join'd to this Supply the Third Part of what any Benefices might be worth above an Hun∣dred Marks. He promis'd likewise that the Church of Rome should give a Third Part of its Revenues towards the Relief of the Empire of Constantinople. He Excommunicates the Beneficed Clergy who should use any Fraud, and grants Indulgences to all those that shall go to the Succour of that Empire, equal to those which they had who go to the Holy Land.

To put a stop to the Incursions of the Tartars into Poland, Russia and Hungary, he could find no bet∣ter way than to make Trenches and Forts, in order to prevent their Inroads till such time as the Ho∣ly See consider of it, and be able to provide for their Relief.

Lastly, As to what concerns the Relief of the Holy Land, where the Affairs of the Christians were in a very bad Posture, he admonishes the Priests and other Ecclesiasticks in the Army of the Christians, to Pray continually, and to exhort the Croisado-Men to Repentance, and the Practice of Vertue; and grants to those Clergy-Men the Privilege of enjoying their Benefices. In the second place, he appoints for the Relief of the Holy Land the Twentieth Part of all the Revenues of Benefices for the space of three Years, and the Tenth of the Revenues of the Pope and Cardinals. He exempts the Croisado-Men from Taxes and all manner of Contributions. He discharges them from the Interest of those Summs which they had Borrow'd. He pronounces an Anathema against the Pirates and against all

those who supply'd the Saracens with Ships, Arms, or other Ammunitions. He orders a Peace to be made between the Christian Princes for four Years, under the Penalty of Excommunicating and In∣terdicting those who oppos'd it. He prohibited Turnaments, and Lastly heap'd very large Indul∣gencies on the Croisado-Men.

He made use likewise of another method of Raising Funds for the Relief of the Holy Land and the Empire, which was to admonish those who had the Cure of Souls, to incline the Faithful to give something by their Last Wills and Testaments, or otherwise, to be employ'd in this Good Work, and to take care to keep it.

The Pope likewise in this Council made several Decrees relating to the Canon-Law, such as about Commissions, Elections, the providing of a Delegate-Judge; about Processes, Appeals and Accusa∣tions; about Excommunication, and Debts Contracted by Churches, and other Points of Law which are to be met with in the Decreetals, and which are related by Matthew Paris in his History.

Some of these Decrees were made in the Council, and others before or after the Council: But the Decree about Raising the Pence, displeas'd several Prelates, who openly oppos'd it; and the more, be∣cause it was said, That it was to be done by the Pope's Commissaries, and they complain'd that the Court of Rome had often Rob'd them of their Revenues under this Pretence.

The Council of Beziers in the Year 1246.

IN the Year 1246. William de Broa Arch-Bishop of Narbonne Held a Council of the Bishops of his * 1.27 Province in the Town of Beziers, wherein he made a Collection of Forty six Canons Extracted out of the preceeding Councils: Namely, the Fourth General Lateran Council, the Council of Narbonne, in the Year 1228, and the Council of Avignon. He likewise drew up Thirty seven Decrees for the Inquisitors of that Country, containing several Rules of the things which they ought to observe.

The Council of Valenza in the Year 1248.

PEter Cardinal Bishop of Albany and Hugh Cardinal Priest of Saint Sabina, in the Month of De∣cember * 1.28 1248. Held at Valenza a Council of the Bishops of the Provinces of Narbonne, Vienna, Arles, and Aix, in which they Publish'd Statutes against the Emperor Frederick and his Adherents, about the Inquisition and Excommunication; against Perjur'd and Sacrilegious Persons, Sorcerers, Re∣lapsers and other Criminals,

The Council of Saumur in the Year 1253.

PEter de Lambale Arch-Bishop of Tours, after he had Visited his Province, call'd a Council at Sau∣mur * 1.29 in December 1253, to Reform the Disorders and Abuses which he had taken notice of in his Visitation. He thereupon made Thirty two very useful Decrees.

By the First it is order'd, That they shall recite the Offices for the Canonical Hours in all Cathe∣dral and Collegiate Churches at the times appointed, and with requisite Devotion; and that one side of the Quire shall not begin a Verse, till the other side has ended the foregoing Verse.

By the Second, The Arch-Deacons, Arch-Priests, Rural Deans and others are enjoyn'd to take Care, that the Sacristy, the Fonts, the holy Oyls, the holy Chrism be kept under Lock and Key, and that the Sacraments in populous Places and especially in Cities be carry'd with Veneration.

The Third imports, That the Corporals shall be wash'd by the Priests habited with Surplices in a very clean Vessel, and set apart for that use, and that the first Water shall be cast into the Pond; that the Linnen of the Altar and of the Priests shall be washed by a Woman or by a Girl separately from others, and that they shall take care to keep them well.

The Fourth renews the Statute made in the Council of Laval about the Inventory of the Orna∣ments and Goods of churches, which ought to be kept by the Arch-Deacon.

The Fifth enjoyns, That the Arch-Deacons, Priests and Rural Deans shall be oblig'd to take Ho∣ly Orders within a Year.

The Sixth prohibits the holding of Pleadings in Churches and in their Portico's.

The Seventh prohibits the Arch-Deacons and other Inferior Prelates from holding their Pleadings in the presence of their Bishops.

The Eighth prohibits them from having Officials out of Town.

The Ninth prohibits the Exacting the Duty of Procuration unless they actually Visit.

The Tenth revives the Statute made in the Council of Chateau-Gonthier to prevent the dividing of Prebends.

The Eleventh prohibits the Admitting any Canon who is not born in lawful Wedlock.

The Twelfth prohibits the Prelates from exacting any Subsidy from their Inferiors, unless they have occasion for it, and then to receive a Moderate one with Charity.

The Thirteenth revokes the Pensions laid on Curates.

The Fourteenth and Fifteenth enjoyn the Regulars to observe the Rules prescrib'd in the Letters of the Pope which relate to them, and to keep Copies of 'em by them.

The Sixteenth revives the Statute of the Council of Chateau-Gonthier, which prohibits the Monks from having any thing de Proprio.

The Seventeenth prohibits the Monks from concerning themselves with Secular Pleadings.

The Eighteenth prohibits the Abbots from bestowing Regular Places on Seculars.

The Nineteenth orders, That the Ancient Number of Monks shall be restablish'd in each Monastery.

The Twentieth and Twenty first prohibit the Abbots from exacting New Pensions of Priories, and from retrenching their Revenues.

The Twenty second imports, That the Abbots or Priors shall not keep their Registers out of the Monastery.

The Twenty third prohibits the Clergy from concerning themselves with Merchandise, and from making any Contracts of Society with Merchants.

The Twenty fourth prohibits the Ecclesiastical Judges from commissioning several Persons to cite without distinction such as they please before them.

The Twenty fifth and sixth are against those who hinder the Exercise of the Ecclesiastical Juris∣diction, or the Execution of the Sentences.

The Twenty seventh prohibits Clandestine Marriages.

The Twenty eighth is against an Abuse which was practis'd at that time of granting several Cu∣racies in Commendam to one and the same Person, who has already one in Title. They who receive those Benefices are depriv'd of them, and those who Collate them, of the Power of Presenting.

The Twenty ninth prohibits Bishops from applying to their Profit a part of the Revenues of Pa∣rochial Churches, and from charging them with New Pensions.

The Thir••ieth prohibits the Clergy from bequeathing any thing to their Natural Children or their Concubines.

The Thirty first orders, That those who have Sacerdotal Prebends in Chapters, shall take upon them Priests Orders, and serve them in that Quality.

The Thirty second orders, That all the Canons made by the Arch-Bishops of Tours, Predecessors to Peter, shall be inviolably observ'd under Pain of Excommunication.

The Council of Alby in the Year 1254.

THis Council was held by Zoan Bishop of Avignon and Legate of the Holy See, and consisted of * 1.30 several Bishops of the Provinces of Narbonne, Bourges, and Bourdeaux. Therein they reviv'd a great many Decrees made in the Preceeding Councils.

The Twenty eight First, relate to the Inquisition and the Punishment of Hereticks.

The Twenty ninth orders the Execution of the Canon styl'd Omnis utriusque sexus concerning the Easter-Confession; and obliges all the Faithful to Receive the Communion at Christ-mass, Easter and Whitsontide.

The next to the Fortieth revive the Decrees of the Councils of Narbonne, Valenza, and Toulouse, about being present at the Divine Service of the Parish, about Ecommunications, Persons Excom∣municated, and Last Wills and Testaments.

The Forty first prohibits the Priests from keeping Women within the Inclosures of the Church.

The Forty second orders, That there shall be Silver-Chalices in all Churches which have Fifteen Pounds a Year Revenue.

The Forty third enjoyns the Bishops to make use of Ecclesiastical Censures to oblige those who hold Churches to repair and maintain them.

The Forty fourth and fifth revive the Laws which prohibit Ecclesiasticks from having any secu∣lar Employments or Offices.

The Eight next prescribe the Modesty which Ecclesiasticks and Regulars ought to observe in their Habits and in their way of Living.

The Fifty fourth and fifth import, That there shall be at least Three Monks or Two Regular Canons in each Priory.

The Fifty sixth orders the Patrons to present the Benefices in their Gifts to able Persons within the time perfix'd, without any Compact and without diminishing the Revenues: And prohibits the Applying the Revenues of a Vacant Church to any other Uses than to the Interest of that Church.

The Four next fix the Duties of Visitations.

The Sixty first and Second revive the Decrees of the Council of Avignon against Perjur'd Persons and Usurers.

The Eight next are against the Jews.

The Seventy first prohibits any new Imposts under pain of Excommunication.

The Council of Bourdeaux in the Year 1255.

THis Council properly speaking is only a Synod of the Clergy of Bourdeaux held the 13th of April * 1.31 in the Year 1255, wherein Gerard de Malemort Arch-Bishop of that Church publish'd the follow∣ing Constitutions.

1. He order'd the Clergy-men who have Churches to be resident, and to present themselves in time to receive Orders under the Penalty of losing their Benefices.

2. He prohibits the Priests and Curates from tolerating Questors in Churches without his or the Holy See's Order.

3. From admitting of strange Clergymen without his Leave.

4. From Executing the Letters of Commission issu'd out of the Holy See, when a great part of the time perfix'd is elapsed

5. From giving Consecrated Hosts to Children on Easter-day; instead of which he permits the giving them Consecrated Bread.

6. He orders the Curates to write in the Missals the Inventory of the Goods of their Church, and forbids them to alienate them without the Consent of the Bishop.

7. He forbids the presenting of Relicks to Lay-men to swear by them in the seasons wherein 'tis un∣lawful to swear upon the Evangelists, upon any other account than that of Peace, which Seasons are from Septuagessima Sunday to Easter; from the beginning of Advent to the Octave of Epiphany, during the Rogation-days, and every Sunday in the Year.

8. He forbids the Priests to carry any Process before a Secular Judge, unless it be with the Con∣sent of the Bishop.

9. He orders, That they shall not any more bring any Relicks out of their Cases to expose them to the Weather, and that no new ones shall be honor'd till they have been approv'd of by the Pope.

10. He prohibits the Clerks from taking any Cognizance or passing any Sentence in Criminal Matters.

11. He prohibits the giving of Absolution to Excommunicated Persons at the point of Death, till they have satisfied all Parties, and given security for so doing, and makes them Responsible for it who absolve them otherwise.

12. He orders, That no Pleadings shall be in the Cloysters of the Monks under pain of Interdiction.

15. He made several Decrees relating to Tithes. He Excommunicates and deprives of Ecclesi∣astical Burial the Laicks who possess or detain them: Declares that the Tithes belong to the Curates: Prohibits the Engaging or Alienating of Tithes, and beside the Tithes would have the Laicks pay the first fruits, which is the Thirtieth, Fortieth or Fiftieth Part, and the other Dues which they ow to their Curates. This is the Subject Matter of Ten of these Constitutions.

In the Twenty sixth, He forbids the exacting any thing for the Administration of Sacraments, or for the Collating to Benefices.

In the Twenty seventh and eighth, He revives the Temporal Punishments against those who in∣fringe the Excommunication, or who despise and neglect to take it off

In the Two Last, He reforms the Abuses which were crept into the Societies, and prohibits them from making Constitutions or Choosing an Head without the consent of the Curate, and for the good of the Church.

The Council of Beziers in the Year 1255.

PEter d'Antevil Chief Justice of Carcassonne and Beziers, laying Seige to Querbus in behalf of King * 1.32 Saint Lewis in the Year 1255, gave orders to William de Broa Arch-Bishop of Narbonne, and the Bishops his Suffragans to give him Supplies. They met upon that account the 8th of May the same Year at Beziers, where they concluded on what they should do, and in the Council they Pu∣blish'd the Laws made in the foregoing Year by Saint Lewis, which have been publish'd by Baluzeius, and are to be met with in the last Editions of the Councils.

The Council of Ruffec in the Year 1258.

GErard de Malemort Arch-Bishop of Bourdeaux Held a Synod in August 1258, at Ruffec for Main∣taining * 1.33 the Rights of the Church. He therein order'd, That for three Sundays successively They should be Excommunicated, who hindred the Jurisdiction of Churches, or Violated the Rights and Liberties and Seiz'd upon the Revenues of them. He condemn'd severely the Monks who despis'd the Censures of their Bishops. He prohibits Ecclesiasticks from making their Answers before Secular-Judges, and from having any Secular Employments. He regulates the Forms of Last Wills and Te∣staments, according to the preceding Councils, as well as the Absolution of Excommunicated Persons at the Hour of Death. He admonishes the Commissaries of the Holy See of what they ought to ob∣serve in the Executing of their Commission, and prohibits the Trying of Causes in Monasteries. This is the Subject Matter of Ten Chapters of this Council.

The Council of Montpellier in the Year 1258.

JAmes Arch-Bishop of Narbonne Reviv'd in a Synod Held at Montpellier the Sixth of September 1258. * 1.34 the following Decrees.

The First is against those who Violate the Rights and Liberties of Churches and Church-Men.

The Second prohibits the Bishops from Granting the Tonsure, or Holy Orders to those who are not of their Diocess, and enjoins them not to Confer it on Persons under Twenty Years of Age, who re∣quire it out of a sense of Devotion, and to Serve the Church, and who have some Tincture of the Clerical Learning.

The Third, declares the Clerks who do not live Clerically, and who are concern'd in any Secu∣lar Business, to be depriv'd of their Immunities and Privileges.

The Fourth imports, That those who shall Interdict or Excommunicate any Person as Delegates or Sub-Delegates of the Holy See, shall shew their Commission.

The Fifth, That the Jews may not exact Usury.

The Sixth, renews the Second Canon of the Council of Bourdeaux in the Year 1255, against Questors.

The Seventh, orders the Execution and Publication of these Orders.

The Eighth imports, That the Decree against those who Seise on the Goods of the Church, shall be Publish'd every Sunday at the Homily.

The Council of Cologne in the Year 1260.

Conrad Arch-Bishop of Cologne Publish'd in the Year 1260, several Constitutions for the Reforming * 1.35 of Church-Men and Monks. He therein revives the Canons against Clerks who keep Concu∣bines, against the Simoniacal and Merchandizing Clergy: He orders, That they shall be able at least to Read and Sing the Praises of God. He recommends to them the being Habited Clerically. He makes several Orders about the Life and Offices of Canons. Lastly, He makes several particular Orders in the second Part about the Monastical Life. There are Fourteen of those Rules for the Clerks and Twenty eight for the Monks.

The Council of Arles in the Year 1260.

THis Council was Held by Florence Arch-Bishop of Arles, and consisted of the Bishops of his Pro∣vince. * 1.36 In the Preface there is an Account of the Errors of those who are styl'd Joachites, who defended the Doctrine of a Book call'd, The Eternal Gospel, and they are Condemn'd in the First Canon.

In the Second 'tis order'd, That the Curates shall Teach their Parishoners the Form of Baptizing In∣fants in Case of Necessity.

In the Third 'tis order'd, That they who Administer and those who Receive the Sacrament of Con∣firmation ought to be at the Fast.

In the Fourth 'tis forbidden to Contract Marriage without the Authority of the Church.

In the Fifth 'tis order'd, That there shall be at least, perpetual Vicars in all Parish-Churches.

In the Sixth, That the Office of the Trinity shall be Celebrated the Sunday after Whitsuntide.

By the Seventh 'tis prohibited to make use of Torches of Wood in Churches; and 'tis order'd, That they shall make use of Wax-Tapers.

In the Eighth 'tis order'd, That the Jews shall be distinguish'd from the Christians by some Mark.

In the Ninth, The Clerks who have Benefices are prohibited from Exercising the Functions of Ad∣vocates in a Lay-Court.

In the Tenth, The Monks and Regular Canons are prohibited from receiving any Salary for their Preaching.

In the Eleventh, The Regular Canons are order'd to live according to the Rule of St. Augustine, to Eat in Common in one and the same Refectory, and to Wear a Habit agreeable to their Condition.

The Twelfth is against an Abuse which was then Practised by the Knights-Templars, who being themselves and their Servants exempted from the Jurisdiction of Ordinaries, bestow'd that Quality on several Clerks who still retain'd their Habit, that so they likewise might be exempted from the Jurisdiction of their Bishop. This Council orders, That the Exemption shall only extend to those who are really of that Order, and that the others shall be subject to the Correction and Jurisdiction of the Ordinaries.

In the Thirteenth 'tis order'd, That Religious Persons shall be settled in the Hospitals to take care of them.

The Fourteenth imports, That no Credit shall be given to the Deeds by which the Bishops raises Money, unless seal'd with his own Seal.

In the Fifteenth, The Monks are prohibited from admitting Laicks into their Churches on Sundays or Holy-Days, and from Preaching in the time of the Parochial Divine Service.

In the Sixteenth, The Penitentiaries who are sent into Parishes to Absolve Men in such Cases as are reserv'd to the Bishop, are enjoin'd not to hear any Confessions, but in such Cases; and to re∣fer them in other Cases to the Curate.

The Seventeenth, is against those who use any force to keep their Relations or Friends in Benefices, or to cause them to be Elected into them.

The other Canons of this Council are lost.

The Council of Cognac in the Year 1260.

PEter de Roscidavella who in the Year 1259, succeeded Gerard de Malemort in the Arch-Bishoprick * 1.37 of Bourdeaux, Held a Provincial Council in the Year 1260, at Cognac, wherein the following Decrees were Publish'd.

The First prohibits the Holding of Nocturnal Assemblies, call'd Vigils, in the Churches and Church-Yards, because several Lewd things were committed in them, and sometimes Murder; which oblig'd them to send for the Bishops to Reconcile those Churches. However it permits Luminaries and other Acts of Devotion which were us'd to be observ'd.

The Second Abolishes the Balls which were us'd to be kept in Churches on Innocents-Day, and the Custom of chusing on that Day one of the Company, on whom they Conferr'd the Title of Bishop.

The Third orders, That the Revenues of Vacant Churches shall be reserv'd for the Successors.

The Fourth, That the Commendams and Collations of Vacant Benefices shall belong to the Bishop, or Arch-Bishop.

The Fifth prohibits the Curates from Marrying of Women of another Parish without the consent of their Curate.

The Sixth prohibits the admitting of Priests of another Diocess to the Celebration of the Holy Mysteries.

The Seventh prohibits Cock-fighting, which was a kind of Sport practis'd in Schools.

The Eighth is a Revival of the Orders about the Habits of Ecclesiasticks.

The Ninth prohibits the giving the Holy Chrism to Exempt Persons who will not Pay to the Bi∣shop of their Diocess what they owe him; and from Administring the Sacraments to those who are under their Jurisdiction.

The Tenth orders the Benefic'd Clergy who are absent for their Studies or for some other lawful Cause with the Leave of their Bishop, to put Vicars into their Benefices, to whom they shall allow a sufficient Pension for their Maintenance.

The Eleventh enjoyns the Patrons to allow convenient Salaries to the Curates who depend on them.

The next Canon orders, That those who have Priories shall maintain two Monks in each.

The Thirteenth prohibits the Priests from holding Cures by Lease.

The Fourteenth revives the Prohibitions against laying New Pensions on Churches.

The Fifteenth and Sixteenth prohibit the Interring any Corps out of the Parish.

The Seventeenth orders, That the Curates shall have a particular House of their own.

The Eighteenth and Nineteenth renew the Constitutions of the former Councils concerning Tithes, and enjoyn the Curates to take Possession of the Tithes, under pain of Excommunication and For∣feiture of their Benefices.

The Council of Lambeth in the Year 1261.

BOniface Arch-Bishop of Canterbury Held a Council the beginning of May 1261, at Lambeth, where∣in * 1.38 he made several Constitutions for the maintenance of the Immunities, Privileges and Liberties of the Church of England. There are likewise several about the Ecclesiastical Judgments and Officers, about Confession and Pennance, and about the Clerical Tonsure and Crown.

The Council of Cognac in the Year 1262.

PEter de Roscidavella Arch-Bishop of Bourdeaux in the Year 1262, Held a Council at Cognac, where∣in * 1.39 he order'd:

1. That the Places where any Clerks are detain'd by force, shall be Interdicted.

2. That those who molest the Ecclesiastical Jurisdiction shall be Excommunicated.

3. That the Lords shall be engag'd by Ecclesiastical Censures to force those who slight Excommu∣nications to re-enter into the Communion of the Church.

4. That they shall not Absolve the Excommunicated, till they have made Satisfaction and Resti∣tution.

5. That during the Interdiction the Parishioners shall be prohibited going to Divine Service in any Interdicted Church.

6. That the Arch-Deacons, Arch-Priests and Curates shall not cause their Benefices to be Serv'd by Vicars.

7. That these Constitutions shall be Publish'd every Year in the Synods.

The Council of Bourdeaux in the Year 1262.

THE same Arch-Bishop made several other Constitutions of the like Nature, in a Synod Held the * 1.40 same Year at Bourdeaux.

The First imports, That the Excommunicated shall be esteem'd such, till they have receiv'd Let∣ters of Absolution from their Bishop.

The Second, That those who shall continue in a State of Excommunication during a Year, shall be deem'd Heretical.

The Third, That a Curate shall not Bury one of another Parish.

The Fourth, That the Curates shall Exhort those who are of Age, to present themselves to receive Confirmation, at the time of the Bishop's Visitation.

The Fifth, That those who shall Contract Clandestine Marriages, both the Ministers and Wit∣nesses shall be Excommunicated and Suspended ab Officio & Beneficio, and that those Marriages shall be reckoned Clandestine, which are not Contracted by the proper Curate or Pastor of the Husband or the Wife, with the consent of the other Curate.

The Sixth, That each Curate shall have in his Parish a List of the Excommunicated.

The Seventh, That Absolution from Excommunication cannot be granted, but by the Judge who Issu'd out the Excommunication, and that in Case the Excommunicated Person happen to Die, after his Death Absolution shall be requir'd of that Judge.

The Council of Nants in the Year 1264.

VIncent de Pilenes Arch-Bishop of Tours Held a Council at Nants the Tuesday after the Feast of * 1.41 St. Peter and St. Paul, and therein made the following Constitutions.

By the First, The Patrons of Livings are prohibited from engaging themselves to give any Benefice which is not yet Vacant.

By the Second, He forbids the diminishing the Number of Monks.

By the Third, He prohibits the Clergy from Hunting.

By the Fourth, He forbids the establishing of Vicaridges.

By the Fifth, He regulates the Treats which ought to be given to Bishops during their Visitation.

The Sixth is against the Clergy who are not resident, or hold Pluralities.

The Seventh exempts the Clergy from paying Taxes.

The Eighth prohibits the Ecclesiastical Judges from citing by Virtue of an Extraordinary Power, any Persons to Places of no Note, and from citing before them any more than four Persons by Vir∣tue of the Clause: Et quidam alii.

The Ninth imports, That Provision shall be made for Ecclesiasticks against Laicks.

The Decrees of Engelbert Arch-Bishop of Cologne in the Year 1266.

ENgelbert Arch-Bishop of Cologne, publish'd on the 10th of May 1266, Forty five Canons about * 1.42 the Ecclesiastical Jurisdiction; against those who assaulted the Persons of Clergy-men, who drew them before Secular Judges, who hinder'd them in the Exercise of their Jurisdiction, who violated the Rights and Immunities of the Churches, seiz'd upon their Goods, or kept back the Tithes; against Excommunicated Persons who slighted the Excommunication or Interdiction, &c. These Decrees were ratified by Henry Arch-Bishop of Cologne in the Council which he held in the Year 1322.

The Council of Vienna in Austria in the Year 1267.

Guy Cardinal Legate in Germany held a Council at Vienna in Austria, consisting of Six Bishops, * 1.43 on the 10th of May 1267, wherein he publish'd Twenty one Heads for the Reforming the Dis∣cipline of the Churches of Prague and Saltzburg.

In the First, He orders the Clerks to live and be choath'd Clerically.

In the Second, He enjoyns the Bishops not to be any Charge to their Inferior Clergy in their Visitations.

By the Third, He recommends Continency to the Clergy, and orders the Punishing of those who kept Concubines.

The Fourth and Fifth are against those who offer any Violence to the Persons or Estates of Church-men.

The Sixth is against those who hold Pluralities without a Dispensation.

The Seventh is against Laicks who are in Possession of Tithes.

The Eighth is against Usurers.

The Ninth is against the Clerks who oppose by force the Correction of their Superiors, and against Patrons who bestow Benefices on Persons under the Age of Eighteen.

The Tenth is against those who Seize on the Goods of the Church during the Vacancy.

The Eleventh imports, That the Lay-Patrons shall not institute into Benefices, but only the Or∣dinaries.

The Twelfth, That the Curates are oblig'd to Actual and Personal Residence on their Benefices.

The Thirteenth orders the Bishop of Prague and the Bishops of the Province of Saltzburg, to Visit the Monasteries of the Black-Friars, being attended with the Monks of the Order of Cisteaux.

The Fourteenth prohibits the Abbots from Consecrating Chalices, Patins, and from Blessing the Holy Vestments, and from performing any of the Episcopal Functions.

The Five last are about the Jews.

The Council of London in the Year 1268.

OTtobon Cardinal Legate of the Holy See in England, Held a Council at London in the Year 1268, * 1.44 wherein he Publish'd Fifty four Decrees upon several Points of Church-Discipline.

The First contains an Instruction about the Sacrament of Baptism.

The Second forbids the demanding any thing for the Administration of the Sacraments, and pre∣scribes the Form of Absolution.

The Third orders, That the Churches shall be Consecrated.

The Fourth prohibits the Clergy from bearing Arms.

The Fifth is about the manner how Clerks are to be Habited.

The Sixth and Seventh prohibit them from being Advocates, or Judges in Secular Causes.

The Eighth renews the Laws against the Clerks who keep Concubines.

The Ninth orders those that are Advanc'd to Benefices with the Cure of Souls, to take Priests Or∣ders forthwith, and to be Resident.

The Tenth and Eleventh relate to the Collation of Benefices, to the Qualifications requisite in Per∣sons who are to be Presented to them, and fix Penalties on Intruders, who get themselves to be Pre∣sented to a Benefice before 'tis Vacant.

The Twelfth prohibits the dividing a Benefice into several, and the Imposition of new Pensions.

The Thirteenth denounces Excommunication against the Clergy, who shall Violate the Sanctuary of Churches.

The Fourteenth is against those who obstruct the Celebration of Matrimony.

The Fifteenth relates to Last Wills and Testaments, and obliges the Executor to renounce the Right which he has to Plead in his Jurisdiction.

The Sixteenth prohibits Patrons from retaining the Fruits of Vacant Benefices, if they have not a Right to it by some acquir'd Title, or by Ancient Custom.

The Seventeenth imports, That the Chaplains of Chappels granted without prejudicing the Rights of Parish-Churches, shall be bound to give to the Curates the Offerings which are made in those Chappels.

The Eighteenth enjoins the Benefic'd Clergy, to keep the Buildings of their Benefices in Repair; and if they do it not, it allows the Bishops to see that it be done at their Cost and Charges.

The Nineteenth prohibits the demanding the Duty of Procuration, unless they actually Visit, and renews the Canon of the Fourth General Lateran Council upon that subject.

The Twentieth prohibits the Arch-Deacons from taking Money for a scandalous and Notorious Offence, and from exchanging a Canonical Penalty, for a Pecuniary Mulct.

The Twenty first prohibits the Leasing out of Ecclesiastical Dignities, Benefices, or Offices.

The Twenty second declares, The Bishops oblig'd to Residence, both by Divine and Ecclesiastical Laws.

The Twenty third prohibits the Bishops from granting a Church of their Diocess to another Bishop, or to a Monastery, if it be not out of Charity, and to relieve a very poor Church.

The Twenty fourth imports, That the Goods of those who die Intestate, shall be converted to Pi∣ous Uses.

The Four next Canons concern the Judiciary Forms.

The Twenty ninth orders, That when Absolution shall be given from Censures, it shall be Pu∣blish'd.

The Thirtieth relates to the Collating of Benefices, and prohibits Pluralities.

The Thirty first prohibits Commendams.

The Thirty second declares the Presentations of Benefic•••• made to Persons who already have Bene∣fices which oblige them to Residence, to be Null and Void.

The Thirty third, To hinder Collusion in Resignations of Benefices, prohibits the restoring a Be∣nefice to him who has Resign'd it.

The Thirty fourth declares, All the Compacts made for the Presentations of Benefices, and the Pensions newly impos'd, to be Null.

The Thirty fifth prohibits the holding of Markets, or exercising any other Trade in Churches.

The Thirty sixth orders Processions and Solemn Prayers for the Peace of the Kingdom, and of the Holy Land.

The Thirty seventh, That these Statutes shall be Read every Year in the Provincial Councils.

The following Articles relate to the Regular Canons and Monks, about the Profession, and the time of the Noviceship; the Observation of the Decretals of the Popes about the Monks, the Prohi∣bitions against the Monks having any thing de Proprio, the Vestments, Churches, Urensils, the man∣ner of the Monks Living, their Number and Employments, the Cloystering and the Affairs of Nuns. The Monks are desir'd to Confess themselves and to Celebrate Mass often.

The Ordinance of St. Lewis in the Year 1268.

THE substance of this Ordinance is as follows, Lewis King of France, ad perpetuam rei memoriam, * 1.45 for the Safety and Tranquillity of the Church within our Dominions, for the increase of Divine Worship, for the Salvation of the Faithful Christians, and for obtaining the Succour of Almighty God, to whose Power alone our Kingdom always has been subiect, and to whom alone we would that it should be always subject: We have Decreed and Order'd by this most Wise Decree, which shall be Perpetual:

That the Prelates of the Churches within our Kingdom, and the Patrons and usual Collaters of Be∣nefices shall fully enjoy their Privilege, and that each of them shall preserve his Jurisdiction.

Item, That the Cathedral and other Churches of our Kingdom shall have free Elections, and that they shall be duly Executed.

Item, We Will and Command, That the Sin of Simony, the Pest of the Church, be entirely ba∣nish'd our Kingdom.

Item, We Will and Command, That the Promotions, Collations, Provisions and Disposals of Pre∣lacies, Dignities, and of other Ecclesiastical Benefices and Offices of the Kingdom, be made accord∣ing to the Orders and Determination of the Common Law, of the Holy Councils, and of the Anci∣ent Decrees of the Holy Fathers.

Item, We prohibit the Levying or Raising the too burdensome Taxes and Exactions, Impos'd, or to be Impos'd by the Court of Rome on our Kingdom, which have miserably impoverish'd it; unless it be for a very urgent Cause of Religion, an indispensible Necessity, and by our Voluntary and Ex∣press Consent, and by the Consent of the National Church.

Item, We Renew and Confirm the Liberties, Franchises, Prerogatives, Rights and Privileges Granted by the Kings of France our Predecessors, of Blessed Memory, or by Us to the Churches, Monasteries, Places of Piety, Monks, or Ecclesiastical Persons.

Afterwards he orders all his Officers to take care to Execute this Ordinance, which bears Date May in the Year 1268.

Some question the Truth of this Constitution, but without Reason: And we find it quoted in the Articles presented by the Parliament to Lewis XI. at the Convention of the States at Tours in the Year 1483. and in the Act of Appeal made by the University of Paris in the Year 1491.

The Council of Chateau-Gonthier in the Year 1268.

VIncent de Pilenes Arch-Bishop of Tours Held a Council in August 1268. at Chateau-Gonthier, where∣in * 1.46 he reviv'd the Decrees of the former Councils against those who Seis'd on Church-Lands, who obstructed the Exercise of Ecclesiastical Jurisdiction, and who continu'd Excommunicated during a Year; to prevent the rifling of Vacant Priories: That the Monks shall not keep their Registry out of the Monastery; about the Habits which Arch-Deacons and Deacons ought to wear, and about the Power of the Bishop to Absolve Men from Excommunications. They are Eight Articles in all.

The Council of Angers in the Year 1269.

THere are Two Canons of the Council Held at Angers in June 1269. The one against those who hin∣der * 1.47 any from making Legacies to Churches: And the other to prevent the Clergy from being Advocates in Secular Courts.

The Council of Sens in the Year 1269.

IN the same Year a Council was Held at Sens the Saturday before the Festival of Simon and Jude, in * 1.48 which they reviv'd the Ecclesiastical Decrees against the Clergy who kept Women in their Houses, against Usurers, the Canon call'd Omnis Utrius{que} Sexus, the Prohibitions against Citing the Cler∣gy before Secular-Judges, and against the Abuses of Privileges.

The Council of Compeign in the Year 1270.

JOhn of Courtnay Arch-Bishop of Rheims on the Monday before Ascension-Day 1270, Held a Coun∣cil * 1.49 at Compeign, consisting of Seven Bishops of his Province, wherein he Publish'd a very severe De∣cree against those who Seised on the Goods of Churches, against their Abetters, and those that har∣bour'd them, or receiv'd the Goods which they had taken.

The Council of Avignon in the Year 1270.

THE same Year Bertrand of Malferrat Arch-Bishop of Arles, Held a Council at Avignon the 15th, * 1.50 of July, in which he order'd:

1. That those who Alienate the Goods of Churches without the consent of the Diocesan Bishop, shall be forc'd by Censures to Cancel such Contracts.

2. That the Money Bequeath'd to be made use of according to the Will of the Executors, be Em∣ploy'd in Pious Works, and according to the Advice of the Bishop.

3. That the Arch-Bishops and Bishops shall assist each other in Publishing and Executing their Sen∣tences.

4. That those who have Benefices with the Cure of Souls, shall take Priests Orders within a Year, except Arch-Deacons, for whom 'tis enough to be only in Deacon's Orders.

5. That the Expences in Receiving the Legates and Nuntio's of the Pope, shall be defray'd by the whole Diocess.

6. That the Bishops and Chapters shall give Competent Revenues to Church-Men settled in Per∣sonates, or Dignities.

7. That the Clergy who have recourse to the Secular Power against their Bishop, shall be Excom∣municated, and if they slight the Excommunication, they shall lose their Benefices.

8. That the Clergy who have by Words or Actions injur'd a Bishop, a Provost, or any other Per∣son plac'd in Authority, shall be incapable to hold any Benefice in their Church, till after they have made them satisfaction.

The Council of St. Quentin in the Year 1271.

IN the Year 1271. The See of the Church of Rheims being Vacant, Milo Bishop of Soissons * 1.51 Appointed a Provincial Council according to Custom to be Held at St. Quentin. The Canons of Rheims oppos'd it, pretending it was their Right to appoint it: The Difference being adjusted, the Council met, in which they made several Orders about the Privileges of Churches and Church-Men.

The Council of Rennes in the Year 1273.

JOhn de Montfereau Arch-Bishop of Tours the Munday after Ascension-Day 1273, Held a Council at * 1.52 Rennes, wherein he renew'd the Orders against those who abus'd Ecclesiasticks, and Monks, who Rob them of their Goods, or Seise upon the Goods of the Churches; and the Decree of the Council of Chateau-Gonthier against those who rifled Priories. This is contain'd in Seven Articles.

The Second General Council of Lions in the Year 1274.

GRegory X. Appointed this Council two Years before it was Held, for three Reasons which are ta∣ken * 1.53 notice of in his Bull of Indiction. 1. For the Re-union of the Greek Church, with whom they were in a fair way of Agreement. 2. For the Relief of the Holy Land. 3. And for the Reforming the Church-Discipline and the Lives of the Clergy. The Pope himself presided there in Person. The Latin Patriarchs of Constantinople and Antioch were likewise there, with about Five hundred Bi∣shops, Seventy Abbots, and a Thousand other inferiour Prelates: The Ambassadors of the Kings of France, Germany and Sicily, and those of Michael Palaeologus Emperor of the East were sent thither by their Masters. James King of Arragon was present at the First Session; but because the Pope would not Crown him, till he had paid the Tribute which his Father had engag'd to give every Year to the Holy See, he retir'd in a great Passion with the Pope.

The First Session of the Council was Held in the Great Church of Lions the Seventh of May 1274. After the usual Prayers the Pope made a Speech, and propos'd to the Assembly, The three Reasons for which he had Appointed that Council, and Adjourn'd the Second Session to Munday the Eigh∣teenth of the same Month. He made another Harangue in the Second Session, and Adjourn'd the Council to the Eight and twentieth of the same Month, after he had dismiss'd several of the inferior Prelates. Between these Two Sessions the Pope prevail'd upon the Bishops and Abbots to give the Tenth of their Revenues for Six Years, for the Relief of the Holy Land.

The Third Session was not Held till the Seventh of June, and then the Cardinal of Ostia made a Speech to the Council: They therein Read Part of the Constitutions of this Council about Discipline, and afterwards the Pope having made a Speech, permitted the Prelates to retire and go Abroad, but not above six Leagues from thence. He did not appoint a Day for the next Session, because it was uncertain when the Ambassadors of the Greeks would arrive. They came the Twenty fourth of that Month, presented their Letters to the Pope, and were very well receiv'd by him: They were present at High-Mass the 28th. of the same Month, in which they Sung the Gospel and the Creed in Latin and Greek, and the Greeks repeated thrice the Article of the Procession of the Holy Ghost from the Father and the Son. Between this and the next Session the Pope oblig'd the Bishop of Liege, and the Abbot of St. Paul at Rome, Accus'd of Irregularities, to lay down their Dignities. He likewise gave Audience to the Envoys of the Tartars.

The Fourth Session was Held the sixth of July: Therein the Letters of the Greecian Emperor were Read, and one of the Ambassadors swore to the Re-union, and Obedience to the Church of Rome. Afterwards they Sung Te Deum, the Creed with the Article of the Procession of the Holy Ghost from the Father and the Son, and with the other Prayers. The Pope Communicated the Letters of the King of Tartars to the Council, and concluded this Session with a Speech; appointing the Fifth Session for the Tuesday following. It was put off to the sixteenth Day of the Month, be∣cause the Pope Negotiated in particular with the Prelates and Cardinals, to get them to pass a Con∣stitution which he had drawn up about the Election of a Pope.

The Fifth Session was usher'd in with the solemn Baptizing of one of the Tartar-Ambassadors. They therein Read several other Constitutions, and put off the rest till the Morrow, on which was Held the Sixth and last Session. They therein made an end of Reading the two Canons which re∣main'd; after which the Pope made a Speech, wherein he declaim'd against disorderly Church-Men, and threatned if they did not Reform to proceed against them. He promis'd to apply likewise Re∣medies, whereby to oblige the Curates to Residence in their Parish-Churches, and to supply them on∣ly with able Persons. The Council afterwards was Concluded with the usual Prayers.

The Constitutions Read and Publish'd in this Council by Pope Gregory, which he order'd, and which should be observ'd and inserted in the Decretals under Heads, are One and thirty in all.

The First has for its Title De Trinitate & fide Catholicâ; concerning the Trinity and the Catholick Faith, It is therein declar'd, That the Holy Ghost proceeds from the Father and the Son, as from one single Principle and by one single Spiration: And they are Condemn'd who deny that the Holy Ghost proceeds from the Father and the Son, and those who dare averr, That he proceeds from the Father and the Son, as from two Principles.

The following Articles to the Fifteenth are under the Title, Of the Election and Promotion of the Elected.

The Second contains several Rules about the Conclave and the Election of a Pope.

The Third obliges those who oppose the Elections and Postulations, to declare in their Letters of Appeal the Causes and Reasons of the Nullity, which they think fit to make use of, and prohibits them from alledging any others afterwards.

In the Fourth, A Person Elected to a Benefice, is prohibited from taking Possession thereof till his Election be Confirm'd.

The Fifth declares, That he who is Elected, shall be bound to give his Consent to the Election within a Month, reckoning from the Day on which the Election shall be Notify'd to him, and to get it Confirm'd within three Months.

The Sixth imports, That those who give their Vote for an unworthy Person, ought not to forfeit the Power of Electing, unless the Person they Vote for be Elected; tho' their Action be very Criminal.

The Seventh, That he who has given his Vote for a Person, or consented to his Election, is not to be admitted to oppose it afterwards; unless he discovers in that Person some Vice or Defect which lay conceal'd before.

The Eighth, That when there are two Thirds of Votes for one Person, the other Third is not to be allow'd to object any thing against the Electors, or the Elected.

In the Ninth 'tis declar'd, That tho' Pope Alexander III. has with Reason plac'd the Causes of the Elections of Bishops in the number of Greater Causes, yet if it happens that an Appeal be injudici∣ously made for an apparently frivolous Cause; those kinds of Appeals shall not be brought before the Holy See. But that 'tis requisite in order to have any Cause brought immediately before it, that the Appeal be grounded upon a probable Reason, and which would upon Proof appear to be Lawful: That the Parties are allow'd to de••••••t from the Appeal, provided there be no Trick in such a desist∣ing; for if the Judges to whom it belong'd to take Cognizance thereof, do find that there is any, they ought to enjoin the Parties to appear before the Holy See within a convenient Time.

The Tenth imports, That if it be objected against a Person, That he is incapable because of his Ignorance; it shall be referr'd to a Tryal, and if in the Issue he be found Capable, no regard shall be had to any of the Reasons of his Adversary.

The Eleventh Issues out Excommunication against those who do any wrong to the Electors; be∣cause they would not give their Votes for those whom they recommended to them.

The Twelfth likewise Issues out Excommunication against those who would de Novo take up the Regalia, the Care and the Title of the Defender of Churches and Monasteries, or who favour those who do so: And for those who enjoy those Privileges, either by Virtue of the Foundation or by a∣ny ancient Custom, they are prohibited from abusing their Power, and from Seising during the Va∣cancy, the Goods of the Church which are not Part of the Incomes or Revenues thereof, and from suffering the Goods of the Church to be rifled.

The Thirteenth declares, The Presentations of Cures made by Persons under Five and twenty Years of Age, to be Null and Void, and obliges the Curates to Residence, and to take Priest's Or∣ders in the Year of their Promotion.

The Fourteenth prohibits the giving a Curacy in Commendam to a Person under Age, or for a∣bove six Months.

The Fifteenth has for its Title, Of the Seasons of Ordinations, and of the Qualification of those who are to be Ordain'd. They are therein Suspended from the Power of Ordaining for a whole Year, who shall Ordain the Clerks of another Diocess.

The Sixteenth has for its Title, Of Bigamy. The Pope therein Determines, That those who have been Marry'd twice, have forfeited all the Privileges of the Clergy, and that they are prohibited from having so much as the Clerical Habit and Tonsure.

The Two next are under the Title, Of the Office of Ordinary Judges.

The Seventeenth imports, That the Chapters who would be discharg'd from several Offices, ought before they Cause it to cease, to exhibit a Declaration in Writing of the Reasons why they are willing to have that Office cease: And that 'tis not Lawful to throw down the Images or Statnes of the Virgin Mary, and of the other Saints.

The Eighteenth imports, That all those who have Pluralities of Dignities, or Benefices with the Cure of Souls, shall bring their Dispensations to the Ordinaries, and if they shall not be found to be Canonical; then they shall appear before the Holy See. It likewise prohibits the Ordinaries from be∣stowing such sort of Bene••••ces on those who have the like already.

The Nineteenth has for its Title, de Postulatione: It relates to the Oath which Advocates and Proctors are bound to take.

The Twentieth, under the Title, Of what is done through force or fear; declares the Absolutions of Excommunication extorted by Force or by Fear, to be Null and Void.

The Twenty first moderates the Canon of Clement V. of Benefices Vacant in Curiâ, the Presen∣tation of which belongs to the Pope, by granting the Ordinaries leave to Collate them within a Month.

The Twenty second prohibits the Bishops from Alienating the Goods of Churches in any manner whatever, without the Consent of the Chapter, and Declares the Alienations otherwise made to be Null and Void.

The Twenty third cancels and puts down all the Orders of Mendicant Friars establish'd since the Lateran Council under Innocent III. which have not been approv'd by the Holy See; and with respect to those which have been approv'd of by the Holy See, he allows those who are admitted Monks to live in their Houses; but forbids them to admit Novices, and to make any new Acquisi∣tions: And as to those Houses and Estates which they have acquir'd, he would have them be re∣serv'd for the use of the Holy Land. He declares, That this Constitution does not extend to the Or∣ders of Minor and Jacobine Friars, and allows the Orders of the Augustine Carmelites and Hermits establish'd before this Council to remain in their present State and Condition, till there shall be some new Order made upon their account. Lastly, He permits those of the Orders which are not ap∣prov'd of to go into another Order, provided notwithstanding that no entire Order, nor Monastery shall enter into another without special Leave from the Holy See.

The Twenty fourth Renews the Prohibitions of Exacting or even receiving any thing for the Right of Procuration, without Personal Visitation.

The Twenty fifth is about the Sanctity of Churches: 'Tis therein forbidden to hold Assemblies, Pleadings, Markets, &c. in Consecrated Places.

The Twenty sixth and seventh are against Usurers, who are Condemn'd to very severe Penalties.

The Twenty eight abolishes the Use of Reprisals.

The Three last Canons are about Excommunication. The First imports, That the Canonical

Admonition ought to express by Name those who are to be Excommunicated, and that it ought to be done three times one after another within the space of some Days. The Second, That the Abso∣lutions ad Cautelam cannot be of force in the Sentences of General Interdictions of Towns or other Places. The Third which is the Thirty first and Last Canon of this Council declares those Men Ex∣communicated who would force the Ecclesiastical Judges by the seisure of their Temporalities to re∣voke the Sentences of Interdiction or Excommunication which they have pass'd.

These Constitutions bear date November the First, in the third Year of the Pontificate of Gregory X.

The Council of Saltzburg in the Years 1274 and 1281.

FRederick Arch-Bishop of Saltzburg and Legate of the Holy▪ See, in the Year 1274, held a Provin∣cial * 1.54 Council in his Metropolis, wherein he Publish'd the Canons of the Second General Council of Lions, and order'd the Reading the Constitutions publish'd by Guy Cardinal and Legate of the Ho∣ly See, in the Council held at Vienna in Austria in the Year 1267, to which he added Twenty Four Articles.

By the First, He Orders the Abbots of the Order of Saint Benedict to hold Provincial Chapters▪ every Year for the Reforming the Monastical Discipline.

By the Second, He orders, That the Run-away Monks shall be fetch'd back again, That those who Commit Enormous Crimes shall be put into Prison. He prohibits Abbots from dispensing from their Obedience the Monks who pass into a more Austere Order.

In the Third, He reproves the Abuse of several Abbots who sent Monks into other Monasteries for slight Faults: He orders, That they shall punish them for their Faults in the Monasteries where they have Committed them, and that they shall not make the Monks change their Monastery unless the Bi∣shop consents to it.

In the Fourth, He prohibits the Abbots the Use of Pontifical Habits, the Blessing of Holy Vest∣ments and Vessels, the Power of granting Indulgences and the other Sacerdotal Functions, if they do not justifie their Privileges in the first Provincial Council.

In the Fifth, He prohibits the Regular Canons the same thing, and leaves the other Abuses to be reform'd at a Provincial Chapter.

In the Sixth, He repeals the Powers given to Monks of Confessing, of granting Indulgences, or of doing any other Sacerdotal Functions.

The Seventh imports, That those who have Pluralities of Benefices, shall be contented with the Last that has been given them, and shall be turn'd out of the rest, unless before the holding of the first Provincial Council, they make it appear, that they have obtain'd a Dispensation to hold them from the Superior who has the Right to grant it.

The Eighth obliges all the Clergy who have Benefices with the Cure of Souls to Residence, on pain of forfeiting the Incomes and the Benefit of the Temporalities of their Benefices.

The Ninth subjects to the same Penalty those who take not Orders within the time prescrib'd by the Canons.

The Tenth orders, That in Benefices where there ought to be Vicars, a competent Stipend shall be allow'd them for their Maintenance.

The Eleventh revives the Laws about the Clerical Tonsure and Habit.

The Twelfth and Thirteenth Suspend the Clerks who frequent Taverns or play at Dice.

The Fourteenth Excommunicates those who shall break a Prison, in favour of a Clerk Imprison'd by the Order of his Bishop.

The Fifteenth prohibits Men and Women from taking upon them the Religious Habit, if they do not make Profession of a Rule in an Order already approv'd, and design to enter a Monastery.

The Sixteenth prohibits the giving any thing to Vagrant Scholars.

The Seventeenth prohibits certain Sports which were kept in Churches.

The Eighteenth orders the Bishops to see that the Censures pass'd by other Bishops be observ'd.

The Nineteenth imports, That they shall cut their Stubble in all the Province on the Festivals of St. Rupert, St. Vigilius, and St. Augustine Patrons of Saltzburg.

The Twentieth prohibits the Monks from choosing Confessors out of their Order, unless it be by the Bishop's Leave.

The Twenty first orders, That the Clerks or Monks shall be cast into Prison, who make use of the Secular Powers to exempt themselves from the Correction of their Bishop, and declares them unwor∣thy to Possess Benesices or Ecclesiastical Offices.

The Twenty second imports, That they ought to make use of a general Interdiction to punish the Imprisonment or Persecution of a Bishop.

The Twenty third prohibits the Receiving of Curacies from the Hands of Laicks, and from entring into Possession of them before they are Instituted and Inducted by the Bishop.

The Twenty fourth prohibits the Advocates of Churches from Molesting them, and exacting more than their Dues of them.

The same Arch-Bishop held another Provincial Council at Saltzburg in the Year 1281, consisting of Fourteen Bishops, in which he Publish'd the following Canons.

The First, Which prohibits the Alienation of Abbey-Lands unless it be with the Consent of the Bishop and the Monks.

The Second, which Orders, That the Superiors shall every Year give an Account to the Bishop of the Use that has been made of the Revenue of the Monasteries.

The Third, Which prescribes to the Monks the Fasting from the Festival of St. Martin to Christ-mass, and the beginning Lent at Quinquagesima Sunday.

The Fourth is against the Monks who have any thing de Proprio.

The Fifth and Sixth relate to the Habits and Behaviour of the Monks.

The Seventh Revives the Canons for holding general Chapters for the Order of St. Benedict.

The Eighth Moderates the Charges of the Visitors.

The Ninth is against the Nuns who do not live in Common, though shut up in one and the same Monastery.

The Tenth prohibits the Plurality of Benefices with the Cure of Souls.

The Eleventh obliges the Titulars of Benefices to reside, and puts down the Vicars.

The Twelfth is about the Rights pretended to by the Patrons of Churches.

The Thirteenth is against those who offer any Violence to the Clerks.

The Fourteenth Condemns those who are the Cause of a Church's or Church-yard's Pollution by shedding of Blood, to pay the Charges of its being reconcil'd.

The Fifteenth is against the Patrons or Judges, who seize on the Demeans of the Benefices of deceas'd Clerks.

The Sixteenth orders the Prayers for Peace, namely the Psalm, call'd Domine quid Multiplicâsti, the Lord's Prayer, the Versicle, call'd Fiat pax in Virtute tuâ, the Collect call'd Deus a quo Sancta Desideria, which shall be said every Day at Mass after the Agnus Dei.

The Seventeenth is against the Clerks who forge Writings.

The Eighteenth prohibits the Clerks from receiving Churches at the Hands of Laicks.

The Council of Arles in the Year 1275.

THis Council was held by Bertrand of St. Martin Arch-Bishop of Arles. * 1.55

The Four first Canons are lost.

In the Fifth 'tis order'd, That the Bishop shall cause the Sentences of Excommunication and Inter∣diction pass'd by their Brethren to be publish'd and observed.

The Sixth imports, That an Inventory shall be made of the Goods of Churches and of Hospitals.

The Seventh prohibits the Selling or Mortgaging the Chalices, or other Ornaments of the Church, without the Bishop's leave.

The Eighth imports, That the Last Wills and Testaments shall be made in the Presence of the Curate.

The Ninth, That the Curates shall take care that the Legacies bequeath'd to Pious Uses, be du∣ly Discharg'd.

The Tenth, That no Persons shall be sollicited to be Interr'd out of their own Parish.

The Eleventh, That the Rules of the Law in Ecclesiastical Affairs shall be observ'd.

The Twelfth contains the Cases which are to be reserv'd to the Pope, which are Heresy, Simony, the Non-observation of Eccommunication or Interdiction, the Ordination per Saltum, or without the Bishop's leave, Fires, the touching the Eucharist or the Holy Chrisme in order to put it to an ill use; Homicide, Sacrilege, Incests with one's Aunt, Sister, Kinswoman or a Nun, the Debauching of a Maiden, the Sin against Nature, the Exposing of a Child, and Abortion.

The Thirteenth contains the Cases reserv'd to the Bishops, or their Penitentiaries; which are false Witnesses, a Marriage Contracted by a Person who is engag'd on Oath to Marry another, the being present at the Office of an Excommunicated or Interdicted Person, the Celebration of Divine Ser∣vice in an Interdicted Place, the Burying in an Interdicted Church-Yard, the Seising and retaining of Tithes, or of things bequeath'd to the Church by Last Wills and Testaments: The Priests are prohibited from granting Absolution in such Cases, unless those whom they Confess are at the Point of Death, or uncapable of waiting on the Bishop or his Penitentiary.

In the Fourteenth and Fifteenth, the Clergy are prohibited from Buying up Corn to Sell it again for profit.

In the Sixteenth 'tis order'd, That they shall have Silver-Chalices in all Churches.

In the Seventeenth 'tis order'd, That they shall Re-build the Country-Churches and the Houses belonging to them.

In the Eighteenth, That the Usurers and Adulterers shall be Excommunicated every Sunday.

In the Nineteenth, That the Curates shall keep a Register of the Names of those who present them∣selves at the Sacrament of Pennance during Lent, and that after Easter they shall give the Bishop an ac∣count of those who are not Confess'd, and if there be any Monks who take Confessions in the Parish, they shall give in the Names of those whom they have Confess'd to the Curate.

In the Twentieth, That if one of those who are not Confess'd to the Curate Die within the Year, he shall not be Interr'd in Holy Ground.

In the Twenty first, That the Curates shall hear the Confessions of the Sick, or give leave to the Secular Priests or Monks to hear them.

In the Twenty second the Curates are prohibited from leaving their Churches to go into others, before they have given their Bishop an Account of their Conduct.

The Synodal Statutes of Robert de L'Isle Bishop of Durham in the Year 1276.

THese Statutes contain Six Articles for the Rights of Tithes, and a Sentence of Excommunication * 1.56 against all Persons whatever, who shall either directly or indirectly molest the Ecclesiastical Jurisdiction, or who obstruct the Execution of its Sentences, or the Execution of the Last Wills and Testaments.

The Council of Saumur in the Year 1276.

JOhn de Montsoreau Arch-Bishop of Tours, Held a Provincial Council at Saumur the Munday after * 1.57 the Festival of St. John Baptist, wherein he Publish'd Fourteen Decrees about the Ecclesiastical and Monastical Discipline.

In the First 'tis order'd, That there shall be always kept a lighted Taper in the Churches.

In the Second 'tis prohibited to put any Chests, or prophane things in Churches.

The Third is against Plurality of Benefices with the Cure of Souls.

The Fourth and Fifth concern the Habits of Clerks and Monks.

The Sixth prohibits the Abbesses from retaining the Goods of Benefic'd Men.

In the Seventh the Monks are prohibited from having several Places in distinct Monasteries.

The Eighth prohibits the sending Young Monks into any Priories but what are Conventual.

The Ninth renews the Laws against those who take away the Revenues of Priories.

The Tenth prohibits the giving of Priories to Secular Clerks.

The Eleventh enjoins the Secular-Judges to see that Justice be done to Ecclesiasticks.

The Twelfth deprives Excommunicated Persons of the Right of bringing any Action in Law, of Pleading, or of giving any Evidence.

The Thirteenth permits the Bishop to Absolve in such Cases wherein the Council inflicts the Pe∣nalty of Suspension or Excommunication.

The Fourteenth orders the Observation of the Decrees of the former Councils.

The Council of Bourges in the Year 1276.

SImon Cardinal of St. Cecilia Legate of the Holy See, Held a Council at Bourges in the Year 1276. * 1.58 and having therein Debated on several Points of Discipline, drew up Sixteen Articles of the things Determin'd therein; about the freedom of Elections, the Power of Delegate-Judges and Ordinaries, Tithes, Last Wills and Testaments, the Immunities of Churches and other Matters concerning the Ecclesiastical Court.

The Council of Langeis in the Year 1276.

JOhn de Montsoreau Arch-Bishop of Tours Held a Council at Langeis, wherein he Publish'd Sixteen Canons. * 1.59

The First regulates the Dues of Visitation.

The Second prohibits the Arch-Priests and Arch-Deacons from having Officials out of Towns.

The Third is against Clandestine Marriages.

The Fourth prohibits the Priests from keeping in their Houses their Children Born of their Concu∣bines, and from bequeathing any thing to them.

The Fifth is about Last Wills and their Executors, who are prohibited from Buying the Goods con∣tain'd in the Last Will.

The Sixth declares those who despise the Keys of the Church unworthy of Legacies.

The Seventh is against those who abuse the Pope's Letters.

The Eighth prohibits the Leasing out of Curacies.

The Ninth orders, That a General Excommunication shall not be pass'd on all who Cemmunicate with Excommunicated Persons.

The Tenth obliges those who have Rights granted by another, to affirm before the Action be brought, That there is no Fraud in that Grant.

The Eleventh prohibits the sending of Young Monks into Priories.

That Twelfth prohibits the Admitting of any more Monks, or Nuns than the Monasteries can maintain.

The Thirteenth obliges them to put more than one Monk into each Priory.

The Fourteenth prohibits the Rifling of Priories.

The Fifteenth turns the Secular Advocates out of Spiritual Courts.

The Last obliges the Officials to Swear that they will take no Bails; and that they will Administer Justice Faithfully.

The Council of Ponteaudemer in the Year 1279.

William de Filla-Cour Arch-Bishop of Roan, Held a Provincial Council at Ponteaudemer the Thurs∣day * 1.60 before Ascension-Day in the Year 1279, wherein he made the following Canons about Church-Discipline.

The First imports, That the Excommunicated Clergy shall lose the Revenues of their Benefices, and that if they continue Excommunicated during a Year, they shall be turn'd out of the Benefices themselves.

The Second, That the Chaplains or Curates who do not Celebrate Mass, if they do not amend after they have been Admonish'd, shall be turn'd out of their Benefices.

The Third, That the Canons of the Councils of Bourges and Lions against the Disturbers of the Ecclesiastical Jurisdiction, shall be observ'd.

The Fourth, That those who are Excommunicated by the Canon, for having abus'd the Clergy, shall be Denounc'd such and Punish'd, if they do not get themselves Absolv'd.

The Fifth, That the Canon of the Lateran Council about Confession and the Communion, shall be observ'd.

The Sixth, That the Lords or Judges who detain the Clerks to the prejudice of the Demands of the Ecclesiastical Judges, shall be Excommunicated.

The Seventh, That the Personal Causes of Ecclesiasticks shall not be brought before Secular Judges.

The Eighth, That the Grand Decimators are bound to Repair the Churches.

The Ninth, That no Christians shall be Slaves to Jews.

The Tenth, That no Vigils nor Dancings shall be kept in Churches or Church-yards.

The Eleventh, That the Clergy shall not go a Hunting.

The Twelfth, That there shall be the old Number of Monks in Abbeys and Priories.

The Thirteenth, That the Monks who are in Priories, shall observe the Constitutions of Pope Gregory about abstaining from Meats, Confessions, Fasts, &c. and that they shall be forc'd thereto by Censures.

The Fourteenth, That the Regulars shall not dwell with Seculars, unless by the Abbot's leave.

The Fifteenth, That they shall Borrow nothing without the Abbot's consent.

The Sixteenh, That the Rural Deans shall not Issue out any Excommunication or Suspension, but by Writing.

The Seventeenth, That the Excommunicate Persons shall be Denounc'd such, till they shall get themselves Absolv'd.

The Eighteenth, That no General Excommunication shall be Issu'd out, unless for Robberies and Dammages done, and after Admonition.

The Nineteenth, That the Chaplains on whom Churches are bestow'd for a certain Time, shall be examin'd about their Abilities and Ordination.

The Twentieth, That the Clergy shall forbear Secular Employments, shall wear the Tonsure, and live Clerically.

The Twenty first, That those who will not wear the Clerical Habit and Tonsure after being Admonish'd of it, shall be no longer Defended or Vindicated by Ecclesiastical-Judges.

The Twenty second, That the Benefic'd Clergy who are Excommunicated for not having paid the Tithes, shall get themselves Absolv'd before Christ-Mass.

The Twenty third, That the Clergy who are of the Croisade, shall not abuse the Privileges Granted to them by the Bulls of the Popes, or by their Legates.

The Twenty Fourth, That the Regular Canons shall not be admitted to be Curates till after they have been Examin'd by the Bishop, and that they shall not be remov'd by their Superiors, but by the consent of the Bishop.

The Councils of Avignon in the Years 1279 and 1282.

Bertrand of St. Martin Arch-Bishop of Arles, who was afterwards Cardinal Bishop of St. Sabina, * 1.61 Held a Council at Avignon the Seventeenth of May 1279. wherein he made Constitutions for the maintaining the Immunities and Privileges of Church-Goods and Church-Men; the Liberty of the Ecclesiastical Jurisdiction for the putting in Execution the Excommunication against the Clergy who concern'd themselves with Merchandise and Secular Affairs, and about Last Wills and Testaments. These Canons are Compris'd under Fifteen Heads.

The same Arch-Bishop Held another Council in the same City in the Year 1282, wherein he made Eleven more Decrees.

The First is against Usurers.

The Second orders Prayers to be made for the Church.

The Third prohibits the Alienation of Church-Goods, without the consent of the Bishop.

The Fourth orders the appointing of Proctors to maintain the Causes of Ecclesiasticks, which are perplex'd before Secular-Judges.

The Fifth obliges all the Parishoners to be present at the Parish-Mass on Sundays and Holy-Days, and to Receive the Eucharist on Easter-Day and Whitsunday from their own Curates.

The Sixth prohibits the Priviledg'd and Exempt Persons from infringing the Censures of the Or∣dinaries.

The Seventh Excommunicates those who carry Ecclesiastical Affairs before Secular Courts.

The Eighth declares the Leagues, Associations, and Confraternities made contrary to the Eccle∣siastical Laws, to be Null and Void.

The Ninth imports, That Priviledg'd Persons may be Excommunicated out of the Place of their Exemption, if their Privileges do not expresly exempt them from that Excommunication.

The Tenth relates to the Forms of Last Wills and Testaments.

The Eleventh is imperfect.

The Council of Redding in England in the Year 1279.

John Peckam Arch-Bishop of Canterbury having Conven'd the Bishops his Suffragans at Redding in * 1.62 the Year 1279, did there renew the Constitutions of Ottobon, and made several others about the Collations of Benefices, the Sentences of Excommunication and the Clergy who kept Concubines. There was also one about Infant-Baptism, wherein 'tis order'd, That all those who should be Born Eight Days before Easter and Whitsontide, shall be kept to be Baptiz'd Solemnly on those two Festivals.

Besides these Canons for the Clergy, which were Publish'd the Thirtieth of July, John Peckam the same Year and probably in the same Council, made other Constitutions relating to the Monks and Nuns, wherein he is very particular in what relates to the Order and Discipline which ought to be observ'd in Monasteries.

The Council of Buda in the Year 1279.

PHilip Bishop of Fermo Legate of the Holy See in Hungary, Poland, Croatia, Servia, &c. Held a * 1.63 Grand Council of the Prelates of those Countries at Buda, which broke up the Fourteenth of Sep∣tember 1279. In which he made Sixty nine Canons about Church-Discipline, which are as it were an Abstract thereof.

The Twelve first are about the Habits and Conduct of the Clergy.

The First orders the Prelates to wear a large Crown.

The Second and Third regulate the Form of their Habits.

The Fourth prohibits the Clerks who have no Prelacy from wearing Rings.

The Fifth prohibits them from frequenting Taverns.

The Sixth enjoins the Monks who are made Bishops to wear their Religious Habit.

The Seventh orders the Clerks to refrain from all Military and Violent Actions.

The Eighth forbids them dishonourable Exercises, Playing at Dice and frequenting of Shows.

The Ninth prohibits them from passing Sentences of a pungent Pain.

The Tenth prohibits the Arch-Deacons from bestowing Vicaridges on Laicks, or Marry'd Clerks.

The Eleventh prohibits the Clergy from bearing Arms.

The Twelfth renews the Prohibition against having Women in their Houses.

The Thirteenth recommends to the Clergy the Celebrating the Holy Mysteries with due Reve∣rence, and in a decent Habit.

The Fourteenth prohibits the Bishops who Visit Churches or Parishes from being burdensome to them, by excessive Duties.

The Fifteenth prohibits the receiving of a Benefice from a Lay-Patron.

The Sixteenth enjoins Curates and other Benefic'd Persons having a Cure of Souls, to Reside and Serve their Churches in Person, and not by Vicars.

The Seventeenth prohibits the Conspiracies, or Combinations of the Clergy.

The Eighteenth recommends to the Curates the Visiting the Sick, before going to the Synod.

The Nineteenth prescribes the Manner how they ought to appear there.

The Twentieth imports, That all those who have Benefices with the Cure of Souls, shall be Or∣dain'd Priests.

The Twenty first, That the Eucharist and the Holy Oyls shall be kept under Lock and Key.

The Twenty second, That no Person shall be suffer'd to serve at the Altar or Read the Epistle with∣out a Surplice and a Cassock; and that the Priests shall recite Divine Service Distinctly and Devoutly.

The Twenty third Excommunicates the Intruders, and obliges them to make Restitution of their Income.

The Twenty fourth and fifth prohibit the Clerks from Answering or Appearing before Secular Judges, unless for Secular Affairs.

The Twenty sixth prohibits them from keeping in their Houses the Children which they have had whilst in Holy Orders, and declares those Children to be the Vassals of the Church. It likewise pro∣hibits the Clergy from keeping Dice and other Instruments for to Play at Hazards.

The Twenty seventh prohibits the shewing of Relicks out of their Cases, unless on great Festivals, and when there are a great many Pilgrims; from exposing them to Sale, and from Honouring new Ones, without the Pope's Approbation.

The Twenty eighth imports, That no Persons shall be suffer'd to Preach but such as are Approv'd of by the Bishop, or by the Holy See; and that no other Questors shall be Tolerated but such as have Commissions from the Pope or the Bishop.

The Twenty ninth, That the Goods of Churches shall not be Mortgag'd.

The Thirtieth, That the Curates shall not give away the Goods of Churches.

The Thirty first, That no Clerk shall go in Pilgrimage without his Bishop's leave.

The Thirty second, That unknown Persons shall not be Admitted to the Celebration of the Mass.

The Thirty third obliges the Faithful to be present at the Parochial Divine Service, and especially at the Parochial Mass of Sundays. It prohibits the Curates from Administring the Sacraments to any others but to their own Parishoners, except to Travelling Clerks, or Pilgrims, or to those that go to a certain Church out of Devotion, and with the Pope's leave.

The Thirty fourth obliges all those who have the management of Ecclesiastical Goods, to give an Account of their Administration.

The Thirty fifth ascertains the Summs which the Abbots and Superiors may Borrow.

The Thirty sixth is against the Alienations of the Church.

The Thirty seventh prohibits unreasonable Exactions.

The Thirty eighth obliges the Arch-Deacons to Study the Canon-Law Three Years.

The Thirty ninth reserves the Cognizance of Matrimonial Causes to Prudent and Discreet Persons.

The Fortieth declares all the means us'd to hinder the Visitation of Ordinaries, to be Null and Void.

The Forty first prohibits the Locking up of Prophane Utensils in the Church.

The Forty second orders the Curates to have Church-Books.

The Forty third, That no Prophane Actions shall be done in the Church.

The Forty fourth prohibits the Vigils which the Laicks kept in Churches.

The Forty fifth, That those who shall not assist at the Canonical Hours shall lose their share in the Distributions.

The Forty sixth prohibits a Custom of that Country, by which they demanded a Summ for Inter∣ring those who came to an Accidental Death.

The Forty seventh prohibits the Ecclesiasticks from keeping Concubines.

The Forty eighth prohibits all manner of Persons from tolerating Debauch'd Women in their Houses or Estates.

The Forty ninth prohibits the Seising upon the Goods of Deceas'd Ecclesiasticks.

The Fiftieth prohibits the Alienation of the Goods or Rights of Churches, under very severe Pe∣nalties.

The Fifty first imports, That those who have the Rights of Patronage cannot give nor transfer them to others, without the Bishop's Consent.

The Fifty second and third are against those who usurp the Revenue of Churches, or Monasteries.

The Fifty fourth recommends to the Ecclesiastical Judges the doing Justice, and not to suffer themselves to be Corrupted by Interest or Favour.

The Fifty fifth deprives the Excommunicated Persons of the Right of Acting in Courts of Justice, of Pleading, of giving Evidence, &c.

The Fifty sixth enjoins the Ecclesiastical and Civil Judges to admit of the Exceptions which the Parties allege for not Answering in their Courts.

The Fifty seventh, That the Secular Judges shall Punish those who are Refractory to the Judg∣ments of Ecclesiasticks, and shall see that their Senteuces be Executed; and that the Ecclesiastical Judges shall likewise make use of Censures, that the Lay-Judges may be obey'd.

The Fifty eighth Excommunicates the Lords and others, who obstructed those who Appealed to the Holy See.

The Fifty ninth and Sixtieth are concerning the Immunity of Ecclesiasticks.

The Four next Canons relate to the manner how the Monks and Regular Canons are to be Ha∣bited, to the Abstinence and Confinement they ought to observe.

The Sixty fifth and sixth prohibits them from taking up Churches by Lease, from Serving them above Eight Days, and from going to Secular Schools, without the leave of their Superior.

The Sixty seventh renews the Prohibitions against Communicating with Excommunicated Persons, and recommends the Observation of the Interdictions.

The Sixty eighth Excommunicates those who Ravage the Fields and Meadows.

The Sixty ninth is against those who Seise on the Revenues of the Churches.

The Council of Angers in the Year 1279.

IN the Year 1279, John de Montsoreau Arch-Bishop of Tours Held a Provincial Council at Angers the * 1.64 Sunday after the Festival of St. Luke, wherein he Publish'd Five Canons.

The First Excommunicates those who Cite Ecclesiasticks before Secular Judges for Personal Affairs.

The Second prohibits the Officers of Bishops from exacting any thing for Sealing the Instruments of Ordination.

The Third is against those who Interr in Holy Ground the Corpes of those to whom such Inter∣ment is forbidden.

The Fourth deprives the Benefic'd Clergy who are Excommunicated of the Revenue of their Bene∣fices during the time they are Excommunicated, and orders, That they shall be turn'd out of the Be∣nefices themselves, if they continue in a State of Excommunication above a Year.

The Fifth declares, That the Bishops have Power to take off the Censures pass'd in this Council.

The Synodal Statutes of Sifroy Arch-Bishop of Cologne in the Year 1280.

SIfroy Arch-Bishop of Cologne Publish'd in the Year 1280, several Synodal Statutes for the Instruction * 1.65 of Ecclesiasticks. He therein at first Treats of the Conduct, the way of Living, the Habits and the Duties of Ecclesiasticks, the Rules which the Monks ought to observe, and how the Cu∣rates ought to behave themselves in the Administration of the Sacraments. He afterwards Treats of what relates to the Administration and Ceremonies of each Sacrament in particular; of Burials, and Church-yards, of the Alienation of Church-Goods, of the Privilege of Sanctuaries. He there∣in renews the Laws against Usurers, and the Prohibitions of holding Benefices of Laicks. He there∣in confirms the Decrees of the Council of Cologne and what relates to Last Wills and Testaments, and the observance of the Ecclesiastical Interdiction.

The Synodal Constitutions of Geofrey of Saint Brice Bishop of Saintes in the Years 1280, and 1282,

THis Bishop Publish'd in the Year 1280, several Synodal Decrees about the Church-Discipline. It is therein Order'd, That all his Curates shall appear at the Synod: That the Fonts shall be * 1.66 shut up: That the Holy Chrism shall be kept in proper Vessels: That there shall be Three Spon∣sors at Baptism: That the Body of Jesus Christ shall be attended when carry'd out to the Sick: That no Corn nor Measures shall be put in Churches: That the Commissions shall be Directed to the Curates and Executed by them. He reserves a great many Cases to the Bishop, and Lastly, He there∣in forbids the Vilifying the Jacobine or Minor Friars who take Confessions, by accusing them of dis∣covering the Confessions of their Penitents.

The same Bishop Publish'd other Constitutions in the Year 1282, about Excommunicated Persons about the Right of Visitation, and about Last Wills and Testaments.

The Constitutions of Gautier Bishop of Poitiers in the Years 1280, and 1284.

IN the Year 1280. Gautier of Bruges Bishop of Poitiers made likewise several Synodal Decrees, * 1.67 wherein he prohibited the Sealing of Blank-Letters. He therein prohibited the Arch-Priests from having Officials, and the Curates from serving their Benefices with Vicars. He therein prohibited the Ecclesiasticks from making use of any other Confessors than those who are Nominated by the Bishop to Administer to them the Sacrament of Pennance; the Confessors from granting Absolution in Cases reserv'd to the Bishop; and the Deacons from granting Absolution: He likewise made several Orders against the Greeks and Usurers; about Judgments; against those that detain the Letters of the Bi∣shops their Predecessors; against those who disturb the Synod; about the Right of Nominating Questors which he reserves to the Bishop, and about the Rights of Bishops, Arch-Deacons, and Vestry-Keepers.

In the Year 1284, the same Bishop made likewise other Synodal Canons, wherein he prohibits. (1.) The Celebrating of Divine Service in the Presence of Excommunicated Persons. (2.) The Granting a Benefice to a Man who already has a Curacy, (3.) The Receiving the Sacraments from a Priest who has not Power to Administer them. (4.) He orders the Payment of Tithes. (5.) He enjoins the Abbots and Superiors to leave in the Priories and Curacies which become Vacant, a suf∣ficient Provision for maintaining the Prior or Curate till the next Harvest.

The Council of Lambeth in the Year 1281.

JOhn Peckham Arch-Bishop of Canterbury, of whom we have already spoke, Held an Assembly of Bishops at Lambeth in the Year 1281, the Tenth of October, wherein after he had order'd the * 1.68 Executing of the Orders made in the last Council of Lions, and of the Constitutions of Ottobon, and the Canons of the Council of Lambeth under Boniface his Predecessor, he Publish'd Twenty seven Decrees.

The First is about the Reverence due to the Eucharist. It is therein order'd, That the Priests shall Confess themselves at least once a Week: That the Holy Sacrament shall he kept in a Pyx close Lock'd up in the Tabernacle: That every Sunday the Hosts shall be renew'd: That at the Elevation the Bells shall Ring, and all that hear them even out of Church, shall down on their Knees. The Priests likewise are admonish'd of the Instructions which they ought to give the People about this Sacrament.

The Second is about the Annuities of Masses which are Said for the Dead. It is therein declar'd, That a Priest ought to acquit himself of all the Masses, with which he is Charg'd, and that it is not true, that he may satisfy by one Mass several, to whom he has promis'd to Say an entire Mass for them.

The Third is about Baptism. It is therein prohibited to Re-baptize those who are Baptiz'd with the

Form of Words, tho by Laicks: And order'd to Re-baptize them on Condition, That a Question be made whether the Baptism was Administred according to the Lawful Form.

The Fourth is about Confirmation: Therein they are blam'd who neglect the Receiving of this Sacrament.

The Fifth is about Holy Orders: It is therein prohibited to Grant Holy Orders with the Four Mi∣nor Orders, and therein is commended the Practice of Conferring the Four Minor Orders separately.

The Sixth prohibits the Priests from Granting Absolution to those who are obstinate in their Sins, and to those who have Pluralities of Benefices, and will not quit them.

The Seventh prohibits Priviledg'd Persons from Confessing and granting Absolution, if they be not Approv'd by the Ordinary.

In the Eighth 'tis order'd, That a Publick and Solemn Pennance shall be impos'd for Great, Pu∣blick, and Scandalous Sins: And the Absolution of Homicide is reserv'd to the Bishop.

The Ninth renews the Order importing, That there shall be in each Deanry a General Con∣fessor for all the Clergy.

The Tenth contains an Abridgment of the Instructions which the Pastors ought to give to their Parishoners.

The Three next concern Processes, as well as the Twenty fourth.

The Fifteenth prohibits the Leasing out of Churches to Laicks.

The Sixteenth imports, That all the Houses of Regular Canons shall come to the General Chapter.

The Four next are against the Corrupters of Nuns, and against the Apostate Monks.

The Twenty first prohibits the Nominating of Monks for Executors of Last Wills and Testa∣ments.

The Twenty second is about the Clerical Habit.

The Twenty Third prohibits the Granting of Benefices to Clergy-Men's Sons.

The Twenty fifth is against the Clerks who have Pluralities.

The Twenty sixth prohibits the Admitting any one for an Advocate who has not Study'd the Canon and Civil Law for Three Years.

The Last orders all the Priests of a Diocess to Say a Mass for their Bishop after his Decease.

The same Arch-Bishop Wrote a Letter to King Edward in favour of the Liberties of the Churches and Ecclesiasticks of England, wherein he relates the Examples of his Predecessors, to incline him to be favourable to them.

The Council of Tours in the Year 1282

John de Montsoreau Arch-Bishop of Tours the Wednesday after the Festival of St. Peter in Vinculis in the * 1.69 Year 1282, Held a Provincial Council in his Metropolitan City, wherein he made Thirteen Canons.

The First is against those who bring Processes against Persons merely to get something of them, to free them of trouble.

The Second, against those who excite and foment Processes.

The Third prohibits the Clergy and Monks from frequenting Taverns.

The Fourth is against those who tear the Books or abuse the Ornaments of the Church.

The Fifth orders the Observation of Processions.

The Sixth is against Usurers.

The Five next relate to the Freedom and Jurisdiction of Church-Men.

The Twelfth is against those who hinder the Receiving of Tithes.

The Thirteenth orders the Execution of the Decrees made in the former Provincial Councils.

The Synodal Statutes of the Diocess of Nismes, Publish'd about the Year 1284.

THese Statutes were made under the Episcopacy of Bertrand de Languisel who was Bishop of Nismes, * 1.70 from the Year 1280, to the Year 1323. These are properly the Instructions of a Ritual about the Sacraments, the Ceremonies, and Church-Discipline.

The Council of Ravenna in the Year 1286.

BOniface Arch-Bishop of Ravenna on the Eighth of July 1286, Held a Provincial Council in his Me∣tropolis, * 1.71 wherein he made Nine Canons.

By the First he prohibits the Clerks from entertaining or nourishing the Players or Dancers, which are sent to them when their Relations are Advanc'd to Offices, or are Marry'd.

By the Second he exhorts the Ecclesiasticks to give Alms to the Poor, and grants Indulgencies to those who maintain them.

The Third condemns to a Pecuniary Mulct the Clergy who bear Arms without the leave of their Bishop, and without a just and necessary Cause; and those who do not wear a Clerical Habit, Ton∣sure and Crown.

The Fourth orders the Execution of the Thirteenth Canon of the Second General Council of Lions, which obliges those who are Advanc'd to Benefices with the Cure of Souls to take Priests Orders.

The Fifth obliges the Canons to be more constant at Divine Service; orders that there shall be Distributions made, which shall be given only to those who are there present.

The Sixth forbids the Notaries from receiving the Last Wills and Testaments of Usurers, unless in the Presence of a Priest.

The Seventh orders the Prelates to Excommunicate those who refuse to pay Tithes, and that in case the Persons Excommunicated neglect to take off the Excommunication, recourse shall be had to the Secular Power.

The Eighth declares what Cases are reserv'd to Bishops, which are the Absolution of a Major Excommunication, the Absolution of Incendiries, Blasphemers, Murderers of their Children; the Dispensing of Vows; the Absolution of Homicides, Forgers of Deeds, of those who make any At∣tempt on the Immunities and Ecclesiastical Liberties; of Sorcerers; of those who are guilty of Beastiality; of the Incestuous, and those who Debauch'd Nuns; the Cases of Larceny, when one cannot tell to whom Restitution ought be made; Perjurers, and Clandestine Marriages.

The Ninth declares those Persons to be Excommunicated with the Major Excommunication, who under the Pretence of Custom and Privilege, offer any Violence to the Immunities and Liberties of Churches.

The Council of Bourges in the Year 1286.

SImon de Beaulieu Arch-Bishop of Bourges, on the Seventeenth of September in the same Year held a * 1.72 Provincial Council at Bourges, wherein he renew'd the Constitutions of his Predecessors by Thirty five Decrees.

The First orders the Ecclesiastical Judges to proceed with all manner of Precaution and Prudence in the Tryals of Matrimonial Causes, and enjoyns the Curates to inform the Bishops or their Officers of the unlawful Marriages contracted in their Parishes.

The Second prohibits the Contracting Marriage before the Lawful Age, and condemns Clandestine Marriages.

The Third prohibits the Ecclesiastical Judges from taking Cognizance of Matrimonial Causes out of the Limits of their Jurisdiction.

The Fourth renews the Prohibitions made to Arch-Deacons of having Officials out of Towns.

The Fifth deprives the Curates of the Revenues of their Curacies till they be otdain'd Priests.

The Sixth prohibits the Admitting of Priests or Clerks to Confess, Preach or Administer the Sa∣craments, if they be not approv'd by the Ordinary.

The Seventh revives the Prohibition made to Ecclesiasticks of having Suspicious Women in their Houses.

The Eighth Prohibits them from keeping and maintaining their Bastards in their Houses.

The Ninth declares, That those who continue above a Year in the State of Excommunication shall lose their Benefices.

The Tenth enjoyns the Curates to keep the Names of the Excommunicate by them, and to de∣nounce them every Festival.

The Eleventh orders them to read the Constitution of Gregory X. in the Council of Lions, and that of Simon Legate of the Holy See, made at the Council of Bourges about the Ecclesiastical Juris∣diction.

The Twelfth contains and orders the Executing of the Decretal of Gregory X. call'd, Quia nonnulli de Rescriptis.

The Thirteenth orders all the Faithful to confess themselves every Year, and to receive the Eu∣charist at Easter; enjoyns the Curates to keep a List of their Communicants; and declares, That those who shall die without having discharg'd this Duty, shall be depriv'd of Ecclesiastical Burial.

The Fourteenth orders the Reading and Executing of the Canon, call'd Omnis utriusque Sexus of the Lateran Council under Innocent IV. and the Constitutions of Clement IV. and Martin. IV. which grant to the Minor Friars the Power of Preaching and Hearing Confessions.

The Fifteenth orders the Curates to take notice of those who communicate with the Excommuni∣cated, and to send in their Names to the Bishop, or his Official.

The Sixteenth prohibits the Absolution of an Excommunicated Man by his Bishop, unless it be at the Point of Death, or to be Interr'd in Holy Ground.

The Seventeenth is against the Usurers, and revives the Constitution made against them in the Council of Bourges under Simon.

The Eighteenth enjoyns the Regulars to observe their Rule strictly.

The Nineteenth prohibits the Monks from having any thing de Proprio.

The Twentieth does not allow the Prior to borrow above 60 Sols without the Consent of his Abbot.

The Twenty first orders the removing of Coffers and other profane things out of Churches.

The Twenty second prohibits the Dancing there.

The Twenty third orders, That no Monks shall be sent into Priories under Twenty Years of Age.

The Twenty fourth prohibits Women from inhabiting in the Houses of Monks.

The Twenty Fifth Excommunicates the Monks who receive Tithes from the Hands of Laicks.

The Twenty sixth prohibits the rifling or diminishing the Priories during the Vacancy.

The Twenty seventh renews the Eighth Canon of the Council of Tours in the Year 1133, about Last Wills and Testaments against those who conceal'd them.

The Twenty eighth is against the Executors of Wills who buy or detain the Goods of the Testator.

The Twenty ninth enjoyns the Bishops to take care of the Execution of Wills, if the Executors be remiss.

The Thirtieth orders, That the Last Wills and Testaments shall be receiv'd by the Bishop.

The Thirty first imports, That they shall proceed against those who neglect to get themselves ab∣solv'd from the Excommunication, and that recourse shall be had to the Secular Power to oblige them to it.

The Thirty second orders, That they shall be Punish'd who do not keep the Festivals.

The Thirty third enjoyns the Suffragans and their Judges to pay a deference to Appeals.

The Thirty fourth prohibits the Official of Bourges and the other Judges of that Arch-Bishoprick, from obstructing the Execution of the Jurisdiction of the Suffragan Bishops.

The Thirty fifth enjoyns all the Ecclesiastical Judges to order the Execution of the Sentences pass'd against those who offer any Violence to the Ecclesiastical Jurisdiction.

The Synodal Canons of Peter Bishop of Exeter in the Year 1287.

PEter Bishop of Exeter held a Synod of his Clergy at Exeter in the Year 1287, wherein he drew up * 1.73 an Instruction for his Clergy about the Seven Sacraments; the Building of Churches and their Ornaments; the Church-yards; the Immunity of Churches; the Life, Conduct, and Residence of Clergy-men; the Divine Service; the Assisting at the Parochial Mass on Sundays and Holy Days; the Festivals which ought to be Celebrated; the Trades, Trafficks and Employments Prohibited to the Clergy; the Chapters; the Rural Deans; the Provisions of Benefices; the Visitations of Arch-dea∣cons and their Dues; the Immunities of Clerks; the Celebration of Marriage; Appeals; Questors; the Relicks of the Saints; Last Wills and Testaments; Mortuaries; Tithes; Offerings; Excom∣munications; and several other Points of Discipline compriz'd in fifty five very large Articles, and which contain several remarkable things.

There is at the end of this Synod an Instruction about the manner of Confessing and imposing Pennances, which is suppos'd to have been made by the same Bishop. Therein are explain'd the Points upon which the Penitent ought to be examin'd; the Cases reserv'd to the Pope and the Bishop; the Temper in which the Penitent ought to be; the Pennances which the Confessor ought to inflict; and the things he ought to instruct his Penitent in.

The Council of Wirtzburgh in the Year 1287.

JOhn Bishop of Frescati Legate of the Holy See in Germany, held in the Year 1287, an Ecclesiasti∣cal * 1.74 Assembly at Wirtzburgh, wherein he would have exacted a Contribution of the Tenth Pen∣ny of the Revenues of the Clergy; but he could not gain his End, and only publish'd Forty two De∣crees about the Church-Discipline.

The Five first concern the Morals and the Conduct of the Clergy; order them to be habited in a manner agreeable to their Quality, and prohibit them from going to Taverns, from Gaming, from being familiar with Nuns; from bearing Arms, and from having Women lodged in their Houses.

The Sixth issues out the Penalty of Excommunication against those who seise on Benefices to which they have no Right.

The Seventh prohibits the Priests from celebrating above one Mass per Diem, to put a stop to the Abuse which was introduc'd by several Priests of celebrating twice without necessity only to get double Contributions.

The Eighth orders, That the Most Holy Body of Jesus Christ shall be carry'd to the Sick, and to Women near their Travel with due Veneration by a Priest in a Surplice with a Hood, a Clerk going before with a lighted Taper and a Bell: That those who go by shall down on their Knees, and repeat three Pater-Nosters and as many Ave-Maries; which shall exempt them from ten Days of the Pennances enjoyn'd them.

The Ninth prohibits the Alienation of Church-Goods.

The Tenth is against those who have two Curacies.

The Eleventh prohibits the giving of Curacies to Persons under Five and twenty Years of Age.

The Twelfth orders the Patrons to Present the Benefices in their Gift, to Persons of requisite Qua∣lification.

The Thirteenth prohibits the Secular and Regular Clerks from Publickly Singing or Celebrating Divine Service in Interdicted Places, as well as from Ringing of Bells.

The Fourteenth prohibits the receiving of Benefices from Laicks.

The Fifteenth prohibits the making of Contracts for Burials or Benedictions.

The Sixteenth and Seventeenth order those who have Chappels or Curacies in their Gift, to put Vicars into them, whom they shall allow a competent Maintenance.

The Eighteenth and Nineteenth concern the Regularity which ought to be observ'd by the Monks and Nuns.

The Twentieth and Twenty first are against the Laicks, who Seise upon Church-Goods or Bene∣fices.

T••e Twenty second, adjusts the Rights and Duties of Church-Advocates.

The Twenty third renews the Ecclesiastical Laws against Usurers.

The Twenty fourth declares them Excommunicated who offer any Violence to Ecclesiasticks.

The Twenty fifth inflicts the same on those who offer any injury to the Nuncio's of the Pope.

The Twenty sixth Excommunicates likewise those who Seise on the Goods of Vacant Churches.

The Twenty seventh recommends to the Arch-Bishops and Bishops the Visitation of their Dio∣cesses..

The Twenty eighth prohibits the Fortifying of Churches, in order to make use of them as of Castles.

The Twenty ninth prohibits the Excommunicating of Children or Women for the Debts of their Dead Husbands or Fathers.

The Thirtieth declares Highway-Men and those who give them shelter, Excommunicated ipso facto.

The Three next are for the preservation of Church-Goods.

The Thirty fourth is against the false Apostles. The Clerks are forbidden to entertain or give them any Subsistence.

The Thirty fifth forbids the Laicks the Administring of Church-Goods, under pretence of Repair∣ing the Buildings of Churches.

The Thirty sixth Excommunicates those who hinder the bringing of Complaints before Ecclesiasti∣cal Judges.

The Thirty seventh Excommunicates the Forgers of Apostolical Letters.

The Thirty eighth orders, That the Interdiction Issu'd out by the Bishop, shall be observ'd.

The Thirty ninth prohibits the Conservators appointed by the Pope for Religious Houses and Mo∣nasteries, from meddling with those things which are not comprehended in their Commission.

The Fortieth is against those who Exact new Duties.

The Forty first orders the Execution of these Canons.

The Forty second revokes the Privileges Granted to particular Persons, which exempted them from Excommunications and Interdictions.

The Council of L'Isle in Provence in the Year 1288.

ROstaing Arch-Bishop of Arles and the Bishops of his Provence being met at L'Isle a little Town of * 1.75 the Diocess of Cavaillon in the Country of Venaissin in Provence, made a Collection of the Canons of the former Councils of their Province, and drew up Eighteen of them, of which the Thirteen first are taken out of the former Councils.

The Fourteenth is against those who give Poyson or Physick to cause Abortion.

The Fifteenth prohibits the carrying in of Corn, till the Tithe be taken of it.

The Sixteenth discharges the Churches and Church-Men from Paying of Taxes.

The Seventeenth, for the preventing the Charges at Christenings, which were the Cause that Chil∣dren Dy'd Un-baptiz'd, orders, That they shall not give any thing but a White Habit to the Baptiz'd.

The Eighteenth orders the Observation of the Canons of the former Councils.

The Synodal Statutes of Gilbert Bishop of Chichester, Publish'd in the Years 1289 and 1292.

THese Canons contain divers Regulations about the Life, Morals, Conduct and Duties of the * 1.76 Priests; about Marriages, Benefices, Excommunications, Processions, Church-Ornaments and Ceremonies.

This very Bishop in the Year 1292, added other Constitutions to the former, whereby he forbids the suffering of Beasts to graze in Church-yards, the restraining the Oblations to a Penny. He therein Excommunicates the Detainers of Tithes; orders the Parishioners to hear Mass with Silence; prohibits the Interring in Churches, and putting any Chests therein without the Bishop's Leave.

The Council of Nogarol in the Year 1290.

AMeneus of Armagnac Arch-Bishop of Ausche on the Saturday after the Assumption of the Virgin Mary 1290, held a Provincial Council at Nogarol in the Country of Armagnac, wherein they * 1.77 order'd Roger Bernard Count of Feix to restore to the Bishop of Lascar the City of Lascar, the Castles and Places belonging thereto under pain of Excommunication; and inserted this Sentence among the Provincial Decrees of this Council ad perpetuam rei memoriam. This is the First Head.

By the Second, They ratified the Sentence of Excommunication against those who retain the Church-Goods of that Province.

In the Third, They prohibit the stretching of the Powers granted in the Apostolical Letters beyond their Contents.

In the Fourth, They Excommunicate the Sorcerers.

By the Fifth, They pronounce the Sentence of Excommunication against those who cite Clerks be∣fore Secular Judges. They likewise exempt the Leprous from their Jurisdiction, and order them to wear a distinguishing Badge under forfeiture of Five Sols.

In the Sixth and Seventh, They revive and augment several Penalties inflicted on those who offer any Violence to the Persons or Estates of Ecclesiasticks.

The Council of Saltzburgh in the Year 1291.

THF City of Aera having been taken from the Christians by the Sultan of Babylon in the Year * 1.78 1291, Pope Nicholas X. Order'd Provincial Councils to be held for the finding out ways and means of re-entring into Possession of the Holy Land. The Knights Hospitalers, Templars and Teutonicks were accus'd of not having done their Duty. This gave occasion to the Council Held the same Year at Saltzburgh, of Proposing to the Pope the Uniting these Three Orders into One.

There are Three Decrees of a Council at Saltzburgh under Arch-Bishop Conrade without Date, which are commonly attributed to this Assembly.

By the First 'tis order'd, That to remedy the Abuse of Marriages clandestinely Contracted, there shall be Six Honest and Creditable Persons of the Neighbourhood, or Parish of the Contracters, who shall be Present and serve as Witnesses of the Marriage. The same Canon Issues forth the Penalty of Excommunication ipso facto against those who shall transgress this Order, or shall be present at Clan∣destine Marriages, or shall suffer them to be Contracted in their Houses.

In the Second the Secular and Regular Clergy are prohibited from Acquiring, Enjoying, or Re∣taining under any Title whatsoever, any Offices or Employments depending on Secular Princes, or Lords, under the Penalty of Forfeiting their Priveleges and Benefices.

The Third is against several Vagrant Scholars of a loose Life, who styl'd themselves Clerks, and ran about the Country.

The Council of London in the Year 1291.

THis Council was Held by Bernard Bishop of Grosseto Legate of the Holy See, who therein or∣der'd * 1.79 an Edict to be made whereby the Jews were entirely and perpetually Banish'd the King∣dom of England: King Edward demanded and obtain'd an Impost on the Clergy, under Pretence of going to the Relief of the Holy Land: And he therein would renew, in spight of the Legate's Op∣position, the Prohibition made against Ecclesiasticks and Monks Buying of Inheritances.

The Council of Saumur in the Year 1294.

REginald of Montbason Arch-Bishop of Tours, Held a Provincial Council at Saumur in October 1294, * 1.80 wherein the Publish'd Five Canons.

By the First, the Clerks and Monks are enjoin'd to be Habited agreeably to their State and Conditi∣on, and are prohibited from wearing colour'd Cloths.

The Second adjusts the Conditions under which Absolution ought to be given to the Excommuni∣cate at the Point of Death.

The Third prohibits the Ecclesiastical Judges the imposing of a Pecuniary Mulct for the Punish∣ment of Enormous Crimes.

The Fourth prohibits the Arch-Deacons, Arch-Priests, and others who have Authority, from send∣ing Clerks throughout the Diocess to hear Confessions.

The Fifth is against those who obstruct the Church-Men from Receiving the Tithes.

The Synodal Statutes of Robert of Winchelsea Arch-Bishop of Canterbury, Publish'd in the Years 1295, and 1300.

THese Constitutions which are Forty seven in all, contain several Rules about the Functions of * 1.81 Advocates and Ecclesiastical Judges, and about the Instructions, Proceedings and Forms which ought to be observ'd in the Trying of Processes.

There are likewise other Constitutions of the same Arch-Bishop in the Year 1300, which relate to the Payment of Tithes and to the Ornaments of Churches.

The Synodal Constitutions of Guy de Neuville Bishop of Saintes, Publish'd in the Year 1298.

THe Constitutions of this Bishop are upon the ordinary Matters contain'd in the Canons made in * 1.82 this Century, Namely about the Habits of Clerks and Monks; the Residence of Curates, the Tithes, Excommunications, and the Seisures of Church-Goods.

The Council of Roan in the Year 1299.

WAlliam de Flavacourt Arch-Bishop of Roan, and the Bishops of the Province of Normandy on the * 1.83 Thursday after the Octave of Whitsontide 1299, Held a Council in the Church of St. Mary d•…•… Prae, at present call'd the Church de bonne Nouvelle, wherein they made Seven Canons.

The First is against the Irregularities of the Clergy.

The Second prohibits the Holding of Courts of Judicature on Festivals.

By the Third, the Clerks are prohibited from submitting themselves in Personal Causes to Civil Justice.

The Fourth prohibits the Secular Judges from taking Cognizance of Matters of Fact which relate to Church-Men.

The Fifth is against those who offer any Violence to the Ecclesiastical Jurisdiction.

The Sixth prohibits the Bishops from Granting to the Regulars the Power of Absolving in Reserv'd Cases, unless it be only to some of whose Prudence and Ability they are very well satisfy'd, and like∣wise upon condition, that this Grant shall nor extend to the Confession which ought to be made to the proper Curate or Pastor, unless by his Consent.

The Last orders the Publishing and Executing of the fore-going Decrees.

Notes

• * 1.1

  The Councils held during the Thirteenth Century.
• * 1.2

  The Council of Sens in the Year 1198.
• * 1.3

  The Council of Dalmatia, 1199
• * 1.4

  The Council of London, 1200.
• * 1.5

  The Council of Lambeth, 1206
• * 1.6

  The Constituti∣ons of Cardinal Gallo, in the Year 1208.
• * 1.7

  The Council of Avignon, 1209
• * 1.8

  The Council of Paris 1212.
• * 1.9

  The Council of Montpellier 1215.
• * 1.10

  The IV. Gene∣neral Lateran Council held 1215.
• * 1.11

  The Council of Melun, 1216.
• * 1.12

  The Council of Oxford, 1222.
• * 1.13

  The Council of Mentz 1225.
• * 1.14

  The Council of Narbonne in 1227.
• * 1.15

  The Council of Narbonne in 1236.
• * 1.16

  The Council of Toulouse 1229.
• * 1.17

  The Council of Chateau-Gon∣thier in 1231.
• * 1.18

  The Council of Beziers in 1233.
• * 1.19

  The Council of Arles in 1234.
• * 1.20

  The Council of Narbonne held 1235.
• * 1.21

  The Council of Tours 1236.
• * 1.22

  The Council of London 1237.
• * 1.23

  The Council of Cognac, 1238.
• * 1.24

  The Council of Tours 1239.
• * 1.25

  The Council of Laval in 1242.
• * 1.26

  The first General Council of Lions 1245.
• * 1.27

  The Council of Beziers in 1246.
• * 1.28

  The Council of Valenza in 1248.
• * 1.29

  The Council of Saumur in 1253.
• * 1.30

  The Council of Alby in 1254.
• * 1.31

  The Council of Bourdeaux in 1255.
• * 1.32

  The Council of Beziers in 1255.
• * 1.33

  The Council of Ruffec in 1258.
• * 1.34

  The Council of Montpellier in 1228.
• * 1.35

  The Council of Cologne in 1260.
• * 1.36

  The Council of Arles in 1260.
• * 1.37

  The Council of Cognac in 1260.
• * 1.38

  The Council of Lambeth in 1261.
• * 1.39

  The Council of Cognac in 1262.
• * 1.40

  The Council of Bourdeaux in 1262.
• * 1.41

  The Council of Nants in 1264.
• * 1.42

  The Decrees of Engelbert in 1266.
• * 1.43

  The Council of Vienna in 1267.
• * 1.44

  The Council of London 1268.
• * 1.45

  The Ordinance of St. Lewis in 1268.
• * 1.46

  The Council of Chateau-Gon∣thier in 1268.
• * 1.47

  The Council of Angers in 1269.
• * 1.48

  The Council of Sens in 1269.
• * 1.49

  The Council of Compeign in 1270.
• * 1.50

  The Council of Avignon in 1270.
• * 1.51

  The Council of St. Quentin in 1271.
• * 1.52

  The Council of Rennes in 1273.
• * 1.53

  The second Ge∣neral Council of Lions in 1274
• * 1.54

  The Council of Saltzbourg in 1274 & 1281.
• * 1.55

  The Council of Arles in 1275.
• * 1.56

  The Synodal Statutes of Robert de L'Isle Bishop of Durham in 1276.
• * 1.57

  The Council of Saumur in 1276.
• * 1.58

  The Council of Bourges in 1276.
• * 1.59

  The Council of Langeis in 1276.
• * 1.60

  The Council of Ponteaudemer in 1279.
• * 1.61

  The Councils of Avignon in 1279 & 1282.
• * 1.62

  The Council of Redding in 1279.
• * 1.63

  The Council of Buda in 1279.
• * 1.64

  The Council of Angers in 1279.
• * 1.65

  The Synodal Statutes of Sifroy Arch-Bishop of Cologne in the Year 1280.
• * 1.66

  The Synodal Constitutions of Geofrey of Brice Bishop of Saintes in the Years 1280, and 1282.
• * 1.67

  The Constituti∣ons of Gantier Bp. of Poitiers in the Years 1280, and 1284
• * 1.68

  The Council of Lambeth in 1261.
• * 1.69

  The Council of Tours in 1282.
• * 1.70

  The Synodal Statutes of Nismes in the Year 1284.
• * 1.71

  The Council of Ravenna in 1286.
• * 1.72

  The Council of Bourges in 1286.
• * 1.73

  The Synodal Canons of Peter Bishop of Exe∣ter in 1287.
• * 1.74

  The Council of Wirtzburgh in 1287.
• * 1.75

  The Council of L'Isle in Pro∣vence in 1288.
• * 1.76

  The Synodal Statutes of Gilbert Bishop of Chichester Publish'd in the Years 1289 & 1292.
• * 1.77

  The Council of Nogarol in 1290.
• * 1.78

  The Council of Saltzburgh in 1291.
• * 1.79

  The Council of London in 1291.
• * 1.80

  The Council of Saumur in 1294.
• * 1.81

  The Constituti∣ons of Robert of Winchelsea in 1295 & 1300.
• * 1.82

  The Constituti∣ons of Guy de Neaville in 1298.
• * 1.83

  The Council of Roan in 1299.