ing of feveral Dioceses; and by Grants of feveral Kings, they have each certain Priviledges, Liberties, and Immunities, in their own States.

Under thefe 2 Arch-Bishops are 24 Bishopricks, whereof 21 are reckon'd in the Province of Canterbury, and 3 in the Province of York, (befides the Bishop of Sodor and Man,) all which have the Title of Lords, by reafon of their Baronies annexed to the Bishopricks, and have Precedence immediately after Viscounts, both in Parliament, and in other Affemblies:

The Function of an English Bishop confifts in what he may act, either by his Epifcopal Order, or by his Epifcopal Jurisdiction.

By his Epifcopal Order he may Ordain Deacons and Priests; he may Dedicate Churches and Burying-Places; may adminifter the Rites and Ceremonies of Confirmation: and without a Bishop none of these may be done. Of which Offices the Power of Or dination has been ever fince the Apostles Times understood to be infeparable from the Office of a Bishop.

The Jurifdiction of a Bishop is either Ordinary or Delegated; his Ordinary Jurifdiction is what by the Law of the Land belongs to each Bishop in his own Diocefe; the Delegated is what the King is pleased to confer upon him, not as a Bifhop, but as he is a Subject, and a confiderable Member of the Kingdom.

In the Ordinary Jurifdiction of a Bifhop, as a Bishop, may be confider'd either the Jurifdiction it self, or what is inftated in him by the Law of the Land, for the better Execution of that Jurifdiction.

The Jurifdiction it self is established partly by Statute-Law, as to Licenfe Phyficians, Surgeons, and School-Mafters; to unite and confolidate fmall Parishes: (N. B. That no Bishop in England has this laft Power now but the Bishop of Norwich, and that only within a certain Distance; and he alone has fuch a Power by virtue of which an Incumbent can take a third Living, by an Archiepifcopal, or Royal Difpenfation: otherwife in any other Diocefe, he that has In Livings, cum curâ Animarum, is a Pluralift, by the Statute of 21 Hen. VII.) to affift the Civil Magiftrates in Execution of Tome Statutes concerning Ecclefiaftical Affairs; to compel the Payment of Tenths and Subfidies due from the Clergy formerly to the Crown, now given for the Augmentation of smaller Benefices :

Partly by Common Law, as upon the King's Writ, to certifie the Judges, touching Legitimate and Illegitimate Births and Marriages:

And partly by Common and Ecclefiaftical Law together; as, to caufe Will, of the Deceas'd to be prov'd, to grant Adminiftration of Goods of fuch as die inteftate, to give Order for the gathering and preferving of perishable Goods, where none is willing to Adminifter, to caufe Account to be given of Administrations, Sollate to Benefices, to grant Inftitutions to Benefices upon

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Prefer

Part I. Prefentations of other Patrons, to command Induction to be given, to order the collecting and preferving of the Profits of vacant Benefices for the Ufe of the Succeffors, to defend the Franchises and Liberties of the Church, to vifit their particular Diocefes once in three Years, and therein to enquire of the Manners, Carriage, Delinquencies of Minifters, of Church-wardens, of the rest of the Parishioners, and amongst them efpecially of thofe that profefs themselves Phyficians, Surgeons, School-Mafters, Midwives; of Wardens of Hofpitals, how they performed their feveral Duties and Trufts; alfo of all others profeffing Chriftianity, and offending either against Piety, as by Blafphemy, Idolatry, Superftition, Perjury, Herefy, Errors against the Thirty-nine Articles, Schifm, Conventicles, Abfence from Divine Service, unlawful Abfence from the Sacrament, Dilapidations of Buildings, or Goods belonging to the Church, Simony, &c. or by offending against Sobriety, as by Drunkennels, Inceft, Adultery, Fornication, filthy Speech, tempting of any one's Chastity, Clandeftine Marriages, as for want of thrice publishing the Banns, the want of Parents Confent, the want of Witneffes, which must be above Two, or marrying in a private Place, in an undue Time, before Eight in the Morning, and after Twelve of the Clock in the Day.

Arch-Bithops.] There are two Archiepifcopal Sees in England, Canterbury and York, to which all the Bishopricks in England and Wales are fubject. Both were founded in the Saxon Times, in the Metropolis of the feveral Kingdoms; Canterbury in the Head City of Kent, and York in the Capital of the Kingdom of the Northumbrians. Their Rights, Powers and Priviledges, are now diftinctly known, and the See of Canterbury has the undifputed Preeminence, which was long difputed by the Arch-Bishops of York.

Canterbury.] Giraldus Cambrenfis writes, that the Archbishop of Canterbury anciently had Primacy as well over all Ireland as England, and the Irish Bishops received their Confecrations from him; for Ireland had no other Arch-bishop until the Year 1152. He was therefore fometimes call'd Alterius orbis Papa, orbis Britannici Pontifex: He was fo highly refpected abroad, that in General Councils he was placed before all other Archbishops, at the Pope's right Foot. He was at home fo highly honoured by the King of England, that he was accounted the fecond Perfon in the Kingdom, and named and ranked even before the Princes of the Blood.

He is Primus Par Regni, the firft Peer of England, and next to the Royal Family, to precede not only all Dukes, but all the great Officers of the Crown.

He is ftiled Primate of all England, and Metropolitan.

Ac

At the folemn Coronation of King Charles the Second, it was exprefly order'd in doing Homage to the King, that according to ancient Custom, the Archbishops and Bifhops fhould precede even the Duke of York, and all the Lay-Lords.

He is ftiled by the King, in his Writs directed to him, Dei gratia Archiepifcopus Cantuarienfis, and writes himself Divina Providentia, whereas other Bishops write Divina Permiffione;

To Crown the King belongs to him; and it hath been refolved, that wherefoever the Court fhall happen to be, the King and Queen are Speciales, domeftici Parochiani Domini Arch. Cant.

The Bishop of London is his Provincial Dean, the Bishop of Winchefter his Sub-Dean, the Bishop of Lincoln his Chancellor, and the Bishop of Rochefter his Chaplain.

In writing and fpeaking to him is given the Title of Grace (as is to all Dukes) and Moft Reverend Father in God.

He hath by Common Law, within his own Province, the Power of Probate of all Teftaments, and granting Letters of Administration, where the Party dying had Bona Notabilia, that is, five Pounds worth, or above, out of the Diocese wherein he died; or ten Pounds worth within the Diocese of London, or if the Party dying be a Bishop, though he have no Goods out of the Diocese where he died. Alfo to grant Adminiftration of the Goods and Chattels of all fuch as die inteftate within his Province.

By Stat. 25. Hen. VIII. he hath the Honour and Power to grant Licenfes and Difpenfations in all Cafes heretofore fued for in the Court of Rome, not repugnant to the Law of God or the King's Prerogative; as to allow a Clerk to hold a Benefice in Commendam or Truft; to allow a Son (contrary to the Canons) to fucceed his Father immediately in a Benefice; to allow a Clerk rightly qualified to hold two Benefices with Cure of Souls; to difpenfe with Irregularity contracted without a Man's own Default, as by Defect of Body or Birth, or by accidental killing of a Man, &c. to take off the Guilt of Simony; to allow a benefic'd Clerk, for certain Caufes, to be Non-resident for fome time; to conftitute Publick Notaries, whofe fingle Teftimony is as good as the Teftimonies of any two other Perfons. All which aforementioned Licenfes, Difpenfations, &c. the faid Archbishop grants by himself, or by his Deputy, called the Mafter of Faculties, in all his Majefty's Dominions, except Scor land and Ireland. He hath alfo the Power to grant Literas tuitorias, whereby any one that brings his Appeal, may profecute the fame without any Moleftation; to beftow one Dignity, Prebend, or Living, in any Diocefe within his Province, otherwife in the Gift of the Bishop thereof, which foever he fhall chufe, which is therefore called the Archbishop's Option, upon every Creation there, of a new Bishop.

He hath the Prerogative to confecrate a Bishop (though it must be done in the Prefence and with the Assistance of two other Bishops, to call Provincial Synods according to the King's Writ always directed to him; to be Prefident of those Synods or Convocations, to vifit the whole Province, to appoint a Guardian of the Spiritualities, during the Vacancy of any Bifhoprick within his Province, whereby all the Epifcopal Rights of that Diocese belong to him, and all Ecclefiaftical jurisdictions, as Vifitations, Institutions, &c.

The Archbishop may retain and qualifie Eight Chaplains, which is two more than any Duke by Statute is allowed to do.

The Archbishop of Canterbury hath moreover the Power to hold divers Courts of Judicature, for deciding of Differences in Ecclefiaftical Affairs, as his Court of Arches, his Court of Audience, his Prerogative Court, and his Court of Peculiars; all which fhall be handled particularly.

Thefe and other Prerogatives and Priviledges, the Wisdom of our first Reformers thought fit to be retained, and added to the chief Perfon (under the King) of the Church of England.

Bozk.] The next Perfon in the Church of England, is the Archbishop of York, who was anciently alfo of very high Repute in this Nation, and has under his Province feveral Bifhopricks in the North of England, and the Bishoprick of Sodor and

Man.

He hath ftill the Place and Precedence of all Dukes, not of the Royal Blood, and of all great Officers of State, except only the Lord Chancellor; hath the Title of Grace, and Moft Reve rend Father in God; hath the Honour to crown the Queen Confort, and to be her perpetual Chaplain.

He is alfo ftiled Primate of England, and Metropolitan, and hath under him the Bishopricks of York, Durham, Carlisle, Chefter, and that of Sodor and Man; only Durham hath a peculiar Jurifdiction, and in many things is wholly exempt from the Jurifdiction of the Archbishop.

He had the Rights of a Count Palatine over Hexamfhire in Nor thumberland; may qualifie alfo Eight Chaplains, and hath with in his Province divers others of the fore-mentioned Prerogatives and Priviledges, which the Archbishop of Canterbury hath within his own Province..

Bishops The, next in Place among the Clergy of England, are the Bishops, fo call'd from the Saxon Word Bifcop, and that from the Greek, Exoxo,which properly fignifies an Overfeer.

All the Bishops of England are Barons and Peers of the Realm they are Barons by a threefold Manner, (which cannot be faid of the Lay-Lords) they are Feudal, in regard of Lands and Baronies annexed to their Bishopricks; they are Barons by Writ, be

ing fummoned by the King's Writ to Parliament; and they are created Barons by Patent, which by their Confecration is always exhibited to the Archbishop. They have the Prece dence of all Temporal Barons under Viscounts: In Parliament have Place in the Upper-Houfe, in a double Capacity, not only as Barons, but as Bishops; they have the Title of Lords, and Right Reverend Fathers in God.

All Bishops in England have one or two tranfcendent Privileges, which feem almost Regal, as in their own Court to judge and pafs Sentence alone by themselves, without any Collegue or Affeffor; which is not done in other of the King's Courts; for the Bishop's Courts (tho' held by the King's Authority, Virtute Magiftratus fui, and tho' all Jurifdiction in England is infeparably annexed to the Crown, yet) are not accounted to be properly the King's Courts, and therefore the Bishops fend out Writs in their own Names; Tefte the Bishop, and not in the King's Name: As all the King's Courts, properly fo called, do.

Moreover, Bishops have this other tranfcendent Priviledge, to depute their Authority to another (as the King doth) either to their Bifhops Suffragans, to their Chancellors, to their Commiffaries, or other Officers, which none of the King's Judges may do.

All Bishops have one Priviledge above and beyond all LayLords, viz. That in whatsoever Christian Prince's Dominions they come, their Epifcopal Dignity and Degree is acknowledged; and they may quatenus Bishops, confer Orders, &c. Whereas no Lay-Baron, Viscount, Marquis, nor Duke, is in Law acknowledged fuch, out of the Dominions of the Prince who conferred those Honours.

Upon severe Penalty by our Laws, no Man may raise Reports, whereby Scandal may arise to the Person of any Bishop, or Debate and Difcord between them and the Commons of England.

In Givil Trials where any Bishop is Plaintiff or Defendant, the Bishop may, as well as any Lay-Lord, challenge the Array, if one Knight at least be not return'd of the Jury, and it fhall be allowed unto him as a Priviledge due to his Peerage:

Since the Reformation, the English Proteftant Bishops have been fo conftantly Loyal and True to the Crown, and fo free from all Capital Crimes, that there is yet no Precedent in England, unless we reckon Archbishop Laud's Cafe to be so, for their manner of Tryal for Life.

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Primo Eliz. Cap. 2. It is exprefly declared, that all Lords of Parliament (without any Exception of Lords Spiritual) fhould be tried in that particular by their Peers.

The