Morice v. Bishop of Durham, 9 Vesey, 399. Morris v. Glyn, 27 Beavan, 218. Myers v. Perigal, 2 De Gex, Macn. & Gordon, 599. NORTON v. Powell, 4 Man. & G. 42. O'BRIEN v. Tyssen, L. T. Reports, vol. li., N. S., 815. PAICE v. Archbishop of Canterbury, 14 Vesey, 368. Peake v. Harvey, 12 L. R. Equity, 54. Peate v. Dicken, 1 C. M. & R. 422; 5 Tyrw. 116. Pelham v. Anderson, 2 Eden, 296. Percival v. Stamp, 23 L. J. Ex. 25, 91 Ex. 167. Pickering v. Lord Stamford, 2 Vesey (Jr.), 272. Pitt, In re, Chancery Division, March 12, 1885. Poor v. Mial, Maddock & Geldart, 32. Powell v. Attorney-General, 3 Merivale, 48. Pratt v. Harvey, 12 L. R. Equity, 544. Pritchard v. Arbouin, 3 Russell, Chancery Cases, 456. RAMSDEN, In re, 15 L. J. M. C. 113. Rawlins v. Ellis, 16 M. & W. 172. Rawlins v. Overseers of West Derby, 2 C. B. 72. Reg. Judic. 16. Reg. v. Leominster, 2 B. & S. 391, 31 L. J. M. C. 95. Revett v. Brown, 5 Bingham, 7. Rex v. Cheere, 4 B. & C. 902. Rex v. Cox, 2 Bur. 787. Rex. v. Dagger Lane Chapel, 2 Smith, 20. Rex. v. Hube, 5 T. R. 542. Rex. v. Middlesex, 17 L. J. 111. Rex. v. Myers, 1 T. R. 265. Rex. v. Whitmarsh, 7 B. & C. 596; Man. & Ry. 452. Rex. v. Wroughton, 5 Burrows, 1,683. Rex. v. Younger, 5 T. R. 449. Roberts v. Monkhouse, 8 East, 547. Roll, Abridgment, 556. Royal Society, The, v. Thompson, 17 Chancery Division, 407. SALISBURY, Marquis of, & The Ecclesiastical Commissioners, 34 L. T. R., N. S., Ch. D. 29. Sandiman v. Breach, 7 B. & C. 96. d Sca.fe v. Morgan, 4 M. & W. 270. Shadbolt v. Thornton, 17 Simons, 49. Shanley v. Baker, 4 Vesey, 732. Shepherd v. Beetham, 6 Chancery Division, 597. Sheraton, In re, Chancery Division, July 19, 1884, V.-C. Bacon. Smith v. Sparrow, 4 Bing. 84; 2 Car. & P. 544. Sparling v. Baker, 9 Beavan, 450. Springett v. Jennings, 10 L. R., Equity, 488. Strickland v. Aldridge, 9 Vesey, 519. Symons v. Marine Society, 2 Giffard, 325. TATHAM v. Drummond, 4 De Gex, Jones & Smith, 484. Taylor v. Lindley, 2 De Gex, Fisher & Jones, 599. Taylor v. Phillips, 5 East 155. Terry v. Brighton Aquarium Co., L. R. 10 Q. B. 306. Thomas v. Howell, 18 L. R. Equity, 198. Thompson v. Thompson, 1 Collier, 381. Thornby v. Wilson, 3 Drewry, 245. Thornton v. Kempson, 1 Kay, 592. Toresby v. Hollins, 9 Maddox, 221. Townley v. Bedwell, 6 Vesey, 194. Trye v. The Corporation of Gloucester, 14 Beavan, 181. UNIVERSITY Life Assurance, January 6, 1834. VINER'S Abridgment, Probate Court 5, 19, 21. WALKER v. Richardson, 2 Meeson & Welsby, 882. Waller v. Childs, Ambler, 524. Wallgrave v. Tebbs, 2 Kay & Johnson, 313. Warren v. Newton, Chancery, March, 1835. Waterhouse v. Holmes, 2 Simons, 162. Watts, In re, 27 Chancery Division, 318; 51 L. T. 85 Webley v. Dobson, 4 Russell, 342. Webster, ex parte, 6 Vesey, 609. Whitchurch, ex parte, 1 Atk. 55. White, In re, 51 L. J., Chancery, 830. White v. Evans, 4 Vesey, 21. Wickham v. Marquis of Bath, 11 Jurist. N. S. 988. Wight v. Wight, Chancery Division, Mr. Justice Chitty. Williams v. Paul, 6 Bing. 653; 4 Moo. & P. 532. Wilson v. Guttery, 5 Mod. 95 S. C. Wilson v. Tucker, 1 Salk. 78. Wolton v. Gavin, 16 Q. B. 48. Wrexham, Mayor of, v. Tamplin, 28 L. T. 761. Wright v. Smithies, 10 East, 409. THE LAWS CONCERNING RELIGIOUS WORSHIP. CHAPTER I. THE LAWS CONCERNING RELIGIOUS WORSHIP. DURING the Middle Ages, i.e., from the fifth to the fifteenth century, the Church of Rome (which had absorbed the previous paganism of the Roman Empire) was nearly omnipotent in the central and southern nations of Europe. The successive Pontiffs, taking advantage of the overwhelming influence of the Papacy over the then mind of Europe, gradually, but steadily, and at last rapidly, extended their pretensions and power, not only in the domain of religion and ecclesiastical polity, but far into the secular affairs and lay government of kingdoms. Not only did they exercise the exclusive appointment of Bishops and other ecclesiastical dignitaries throughout Christendom, and compel their munificent and stately support by onerous and oppressive requisitions and services, but they at last arrogated the right of sanctioning, confirming, and vetoing the succession, choice, and coronation of monarchs and princes. They also claimed jurisdiction of civil as well as B religious complaints and causes which they tried and punished in the Ecclesiastical Courts. In short, the Pontiffs of the twelfth and thirteenth centuries claimed the exclusive religious dominion of Europe, and a considerable share in its secular government. Gregory VII., Innocent III., and Boniface VIII. pushed these pretensions so far as to draw the opposition and rebellion of Kings Henry II. and Edward I. of England, and Philip the Fair of France. William the Conqueror first divided and separated the ecclesiastical from the civil tribunals, and prohibited the Bishops adjudicating on spiritual causes in the Court of the Hundred. In the reign of Stephen the Ecclesiastical Courts alone entertained religious offences. But Henry II., in the celebrated Constitutions of Clarendon-so called because passed in a General Council of the Barons and Prelates of the Realm held in that town in A.D. 1164 was the first European monarch who distinctly and firmly assigned the respective limits of the powers and privileges of the lay and ecclesiastical tribunals. These prescribed the following sixteen articles, vide Fitz-Stephen, p. 33; Hume, vol. i., pp. 279, 280:— 1. That all suits concerning the advowson and presentation of churches should be determined in the Civil Courts. 2. That the churches belonging to the King's see should not be granted in perpetuity without His Majesty's consent. 3. That clerks accused of crime should be tried in the Civil Courts. 4. That no person, especially no clergyman of rank, should depart the kingdom without the King's licence. 5. That excommunicated persons should not be bound to give security to continue in their places of abode. 6. That lay persons should not be accused in the Spiritual Courts, except by legal and reputable prosecutors and witnesses. 7. That no chief tenant of the Crown should be excommunicated, nor his lands be placed under interdict, except with the King's consent. 8. That all appeals in spiritual causes should be carried from the Archdeacon to the Bishop, from the latter to the Archbishop, and from him to the King, and should be carried no further except with the King's consent. 9. That if any lawsuit arose between a layman and clergyman concerning a tenant, and it was disputed whether the land was a lay or ecclesiastical fee, it should first be determined by the verdict of twelve lawful men to which tenure it belonged, and if found to be a lay fee, the cause should be determined in the Civil Courts. 10. That no inhabitant in demesne should be excommunicated for non-appearance in a Spiritual Court till the chief officer of the place where he resided should be consulted, in order to compel him by civil authority to give satisfaction to the Church. 11. That the Archbishops, Bishops, and other spiritual dignitaries should be considered as Barons of the Realm, should possess the privileges and be subject to the burthens of that rank, and should be bound to attend the King in his great councils, and assist at all trials till the sentence either of death or loss of members be given against the criminal. 12. That the revenue of vacant sees should belong to the King; the chapter, or such of them as he pleases to summon, should sit in the King's chapel till they should make the new election with his consent, and that the Bishop-elect should do homage to the Crown. 13. That if any baron or tenant in capite should refuse to submit to the Spiritual Court, the King should employ his authority in compelling him to make such submission; if any of them should throw off his allegiance to the King, the prelates should assist His Majesty with their censures in reducing them to obedience. 14. That goods forfeited to the King should not be protected in churches or churchyards. 15. That the clergy should no longer pretend to the right of enforcing payment of debts contracted by oath or promise, but should leave those suits, as well as others, to the determination of the Civil Courts. 16. That the sons of villeins should not be ordained clerks without the assent of their lords. |