The healing attempt being a representation of the government of the Church of England, according to the judgment of her bishops unto the end of Q. Elizabeths reign, humbly tendred to the consideration of the thirty commissionated for a consult about ecclesiastical affairs in order to a comprehension, and published in hopes of such a moderation of episcopacy, that the power be kept within the line of our first reformers, and the exercise of it reduced to the model of Arch-Bishop Usher.

I.

In every Parish the Rector, or incumbent Pastor, together with the Church-Wardens and Sides-men, may every Week take notice of such as live scandalously in that Congrega∣tion, who are to receive such several Admonitions and Re∣proofs as the Quality of their Offence shall deserve: And if by this means they cannot be reclaimed, they may be pre∣sented to the next monthly Synod, and in the mean time de∣barr'd by the Pastor from Access unto the Lord's Ta∣ble.

Notes.

The Name Rector, which signifieth a Governour or Ruler, was anciently given in common to Prelates, Bishops, Abbots, and Parish-Presbyters, but chiefly to the Parish-Priest or Par∣son that had Cure of Souls, as DƲ FRESENE observes out of the Lombardian Laws, and Charles Great's Capitulars, and the Almaine Charter.

Lindwood also in his Provincial Con∣stitution, declares the same; and Cow∣ell affirms, That in our Common Law, Rector Ecclesioe Parochialis, is he that hath the Charge or Cure of a Parish-Church; qui tantum Jus in Ecclesia Pa∣rochiali habet, quantum Proelatus in Eccle∣siâ Collegiatâ, That a Parson and Rector were anciently the same: So† Bracton, Sciendum quod Rectoribus Ecclesiarum Parochialium competit Assisa, qui institui sunt per Episcopos & Ordinarios, ut Perso∣nae. Lindwood holds the same: For, as he avers, That in aliquibus locis

Rectores Ecclesiarum vocantur Personae, so he is as express, that haec dictio Personae, est vulgare Anglicorum, & ponitur pro Rectore. Wats in his Glossary, observing the Word Personatus in Otho's Constitutions, delivered by Matthew Pa∣ris in Henry the Third's days, and in Pope Innocent's Letter to the Abbot of St. Albans, assures us, that it signifies a Rectory, and the Persona, or Parson, is the Rector. John de Athon in his Com∣mentary on Otho's Constitutions on the Word Personae, saith, (i.e.) Rectores; loqui∣tur enim secundum vulgare Anglicorum. Lindwood, that Vicars Perpetual were to be Rectors or Governours of the Pa∣on the Constitution of Simon Lang∣ham, where it's Ordain'd, That Nullus Rector presume to sell those Tithes of his Church not yet received, before the Annunciation of the Blessed Mary, it must be understood also of Vicars Perpetual: And John de Athon is very large in discussing, and positive in de∣termining it: For, saith he, out of In∣nocent's Extrav. though if you consider a Vicar Perpetual, with respect to his Rector, whose Vicar he is, he is not called a Rector; yet if compared with others, he is a Rector.

It's then very plain, That anciently every Parson and Vi∣car Perpetual, were called Rectors or Governours; and why? but because they were vested with a Right to Govern their Churches, notwithstanding which, it cannot now be inferr'd, that those who still bear the Name of Rector, are Governours of the Church; For the ancient Constitution of the Church is not only altered, whereby Parish Presbytens, Parsons, Re∣ctors and Vicars Perpetual, have lost all their ancient Power of Ruling; but by reason of Impropriations, mere Laicks, ever since the Statute of Dissolution, that took away Appropriations

from the Church, have been Parsons and Rectors, but not Rulers of the Church.

Sir Henry Spelman very Learnedly doth prove, That after the Appropriations, the Parsonage still continues Spiritual, as well in the Eye of the Common Law, as of the Canon Law: for if it became Temporal by Appro∣priation, then were it within the Statute of Mortmaine, and for∣feited by that Act; and as it continues Spiritual, it must be made to a Spiritual Person, and not Temporal, Spiritual Things and Spiritual Men being Co-Relatives, that cannot in Reason be divorced. However, we see that, de facto, Lay-men are possess'd of these Spiritual Impropriations, and thereby are be∣come the Parsons and Rectors; and the Ecclesiastical Incumbent, who hath the Cure of Souls, is his Vicar, who, although ac∣cording to the Ancient Dialect, might be called Rector, when compared with others, yet not with respect to the Lay-man, the Parson or Rector of the Parish: He that hath the Parsonage or Rectory, is the Parson or Rector; and that is the Lay-Im∣propriator.

Besides, according to what hath been offer'd in the first Note, it's plain, that now no Governing Power is left with the Parish-Presbyter; He is not only denied the Exercise of such a Power, but diversted of the Power it self; and if any of 'em have the Name of Rector left'em, it's vox & praeterea nihil.

If in this I am mistaken, the Fathers of the Church are humbly desired to tell the World so; but whether I am mista∣ken or no, the restoring the Parish-Presbyters to the ancient Power of Rectors, and the Exercise of it, will be a great step towards the healing our Breaches, especially if what the ancient Chorepiscopi, whom I must again mention, who were but Pres∣byters, enjoyed, may be allowed them: Of whom, more in my Notes under the next Proposition.

Notes

• Rectores Ecclesiarum Praelati, Episcopi, Abba∣tes Parochiarum Presbyte∣ri in lege Longob. l. 3. tit. 1. Sect. 42. tit. 10. Sect. 4. In Capitularibus Carol. M. lib. 3. tit. 75. &c. Maxime Rector Ecclesiae qui vulgo Curio, seu Curitus, ut in Charta Alaman. 43. apud Goldastum. DƲ FRESNE Glos. in verb. Rector.
• Communiter loquendo [per ipsorum Rectorum] intelligas de Rectoribus Ecclesiarum Parochialium. Potest etiam intelligi de omni Praelato Ecclesiae. Lindw. de Consu. c. nullus ver. nullus Rector, & ver. Ipsorum Rectorum.
• Vid. Cowel's Interpre∣ter, in Verb. Rector.
• †

  Lib. 4. Tract. 5. ca. pri.
• De Praesump. c. ne Le∣pra, Sect. quod si. ver. Per∣sonatus.
• In quibus locis omni∣bus accipitur pro Recto∣ria, quam a Parsonage vo∣camus.
• De Confes Personar. & Cleric. Quod in quodan. ver. Persona.
• It is also clear from anciently acknowledged rish-Church; and therefore
• Nullus Rector, supple vel Vicarius, ubi est Per∣petuus De Consuet. c. Nul∣lus Rector, ver. Nullus Rector.
• Credo respectu Recto∣rum Vicarium dici Inti∣tulatum, respectu vero a∣liorum nominare debet Rectorem. Constit. Otho. de Instit. Vicarior. verb. ad. Vi∣car.
• Of Tithes, c. 29.