The Catholic World, Vol. 17, April, 1873 to September, 1873: A Monthly Magazine of General Literature and ScienceVarious
Religion
The Catholic World, Vol. 17, April, 1873 to September, 1873: A Monthly Magazine of General Literature and Science
Various
Catholic Church -- Periodicals
Adulterers, if any; Alms Houses, if abused; Ale Houses, and in Divine
Service; Answering, according to Rubrick; Baptism, neglected by
Parents; Blasphemers; Church, resorting to it; Dead, if brought to be
buried; Drunkards, if any; Fornicators, if any; Legacies, if any given
to pious Uses; Marrying within prohibited Degrees; Marrying without
Banns, Licence, or at unlawful hours; Sacraments received 3 times in a
year of all above 16, whereof Easter to be one time; School, if abused;
Seats, if Parishioners are placed in them without contention; Standing
up; _Sundays_, working therein; Swearers, if any; Women, if come to be
Churched.”
“A Warrant against one for not coming to Church.
“To the Constable, etc.: “Sussex, ss. Whereas Oath hath been made
before me That J. O. of, etc., did not upon the Lord’s Day last past
resort to any Church, Chapel, or other usual Place appointed by Common
Prayers, and there hear Divine Service according to the Form of the
Statute in that case made and provided.
“These are therefore to require you, etc., to bring the said J. O.
before me to answer the Premises. Given, etc.”
“Any Man may build a Church or Chappel, but the Law takes no Notice of
it as such till it is consecrated, and therefore, whether Church or
Chappel, it must be tried by the Certificate of the Bishop.”
CLERGY AND BENEFIT OF CLERGY.—“Before the 20 _Ed. I._, the
Clergy paid no Tenths to the King for their Ecclesiastical Livings, but
to the Pope; but in that King’s reign, their Livings were valued all
over England, and the Tenths paid to the King; and by the Statute 26
_Hen. VIII. cap._ 3, they were annexed to the Crown forever.”
Many of their privileges were “confirmed by _Magna Carta_, viz., _Quod
Ecclesia sit libera_.”
“As to the Benefit of Clergy, it was introduced by the Canon Law,
Exempting their persons from any Temporal Jurisdiction. ‘Tis a
Privilege on purpose to save the Life of a Criminal in certain cases,
if he was a man of learning, as accounted in those Days, for as such he
might be useful to the Publick.—At first it was extended to any person
who could read, he declaring that he had vowed or was resolved to
enter into Orders, and the Reading was to show he was qualified.—But
afterwards the reading without a Vow to enter into Orders was held
good, and now ‘tis become a legal conveyance of Mercy to both Clergy
and Laity.”
“But tho’ the Ordinary usually tenders the Book, the Court are the
proper Judges of the Criminal’s Reading: Therefore, where the Ordinary
answer _Quod legit_, the Court judged otherwise, fined the Ordinary,
and hanged the Person.”
“Now, if a Man cannot read where Clergy is allowable, and ‘tis recorded
by the Court _Quod non legit_: if the Offender be reprieved, the Book
may be tendered to him again because ‘tis _in favorem vitæ_, for which
Reason he may have it under the Gallows.” _Dyer_, 205 _b_.
Public-domain text, read in full here on John Shaqi.
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