given and granted and doth by these presents give and grant unto the said C. D., his executors, administrators and assigns, the first and next donation, nomination, presentation, and free disposition of the rectory or parsonage of the church of E. in the county of F. And that it shall and may be lawful to and for the said C. D., his executors, administrators and assigns, whensoever, howsoever, and by whatsoever means, by death, resignation, privation, cession, permutation, or by any other ways or means whatsoever the aforesaid church of E. shall first or next happen to be void, to present any one fitting, honest, and learned man thereunto; and to do all other things which belong to the office and duty of a patron; and to do, for the fulfilling of such first and next vacation or avoidance only, as fully and amply as he the said A. B. in that behalf might do if these presents had not been made. And the said A. B., doth hereby for himself, his heirs, executors, administrators and assigns, covenant, promise and grant to and with the said C. D., his executors, administrators and assigns, that he the said A. B. hath full power and lawful authority to give, grant, and dispose of the next presentation of and in the aforesaid rectory and church of E. to the said C. D., his executors, administrators and assigns as aforesaid. And further that he the said A. B., his heirs or assigns, shall and will from time to time and at all times hereafter, at the reasonable request and costs and charges of him the said C. D., his executors, administrators and assigns, make, do and execute, or cause [ 51 ] to be made, done and executed, such further and other reasonable act and acts, thing and things, conveyance and assurance in the law whatsoever, for the further, better and more absolute giving and granting of the said next presentation of, in, and to the aforesaid rectory and church of E. unto him the said C. D., his executors, administrators and assigns, as by him the said C. D., his executors, administrators and assigns, or his or their counsel learned in the law, shall be reasonably devised, or advised and required. In witness whereof the parties to these presents have hereunto interchangeably set their hands and seals the day and year first abovewritten. Agnus Dei-see Popery. Alienation of Glebe Lands-see Glebe Lands. Alimony-see Marriage. Allegation-see Practice. Alms Chest-see Church. Altar-see Church (Chancel). Altarage. ALTARAGE comprehends not only the offerings made upon the altar; but also all the profit which accrues to the priest by reason of the altar, obventio altaris (ƒ). Out of these, the religious assigned a portion to the vicar; and sometimes the whole altarage was allotted to him by the endowment. (g) Since the Reformation, divers disputes have arisen, what dues were comprehended under the title of altaragium; which were thus determined in a trial in the Exchequer, M. 21 Eliz. viz. Upon hearing of the matter, between Ralph Turner, Vicar of West Haddon, and Edward Andrews; it is ordered, that the said vicar shall have by reason of the words altaragium cum manso competenti contained in the composition of the profits assigned for the vicar's maintenance, all such things as he ought to have by these words according to the definition thereof made by the Reverend Father in God John Bishop of London, upon conference with the civilians David Hewes, Judge of the Admiralty, Bartholomew Clerk, Dean of the Arches, John [ 52 ] Gibson, Henry Joanse, Lawrence Hewes, and Edward Stanhope, all Doctors of the Civil Law; that is to say, by altaragium, tithes of wool, lambs, colts, calves, pigs, goslings, chickens, butter, cheese, hemp, flax, honey, fruits, herbs, and such other small tithes, with offerings that shall be due within the parish of West Haddon. And the like was for Norton in Northamptonshire, in the same court, within two or three years before, upon hearing, ordered in like manner (h). Yet it seems to be certain, that the religious when they allotted the altarage in part or in whole to the vicar or capellane, did mean only the customary and voluntary offerings at the altar, for some divine office or service of the priest, and not any share of the standing tithes, whether prædial or mixed(i). And in the case of Franklyn and the Master and Brethren of St. Cross, T. 1721; it was decreed, that where altaragium is mentioned in old endowments, and supported by usage, it will extend to small tithes, but not otherwise (k). It is most probable, that the greatest annual revenue by altars, if not by altarages, in any one church within this realm, was in that of St. Paul, London. For when the chantries were granted to King Henry 8, whereof there were forty-seven belonging to St. Paul's, there were in the same church at that time no less than fourteen several altars. And although they were but chantry priests that officiated at them, and had their annual (f) God. Repertor. Canon. 339. (h) Ken. Par. Ant. Gloss. God. 339. (k) Bunb. 79. That this word is to be explained by usage, see also 2 Buls. 27, and Het. 137; to which add Ath. 12 and 18. salaries on that account, distinct from altarages in the proper sense of oblations; yet in regard these annual profits accrued by their service at the altar, they may not improperly be termed pension altarages, though not oblation altarages (l). Anabaptist-see Dissenters. Anabata. ANABATA, is a cope, or sacerdotal vestment, to cover the back and shoulders of the priest (m). Annals. ANNALS, were masses said in the Romish Church, for the space of a year, or for any other time, either for the soul of a person deceased, or for the benefit of a person living, or for both (n). Anniversaries. ANNIVERSARIES, were offices celebrated, not only once at the end of the year, as obits were; but were to be performed every day throughout the year, for the soul of the deceased (o). Answer-see Practice. Antiphonar. THE antiphonar, antiphonarium, from avr contra, and w sonus, is that book which containeth the invitatories, responsories, verses, collects, and whatever is said or sung in the quire, called the seven hours, or breviary (p). (1) God. Introd. 51. (m) Kent. Par. Ant. Gloss. v. Ana (n) Aylif. Parerg. 190. bata. (p) Lind. 251. [53] [54] Who. How appointed. His Office and Duty. (54) Apparitor. 1. APPARITORS (so called from that principal branch in their office, which consisteth in summoning persons to appear) are officers appointed to execute the proper orders and decrees of the court (g)• 2. And these are chosen by the ecclesiastical judges respectively; who may suspend them for misbehaviour, but may not remove them at discretion, as they most of them hold their office by patent. 3. The proper business and employment of an apparitor is, to attend in court, to receive such commands as the judge shall please to issue forth; to convene and cite the defendants into court; to admonish or cite the parties in the production of [55] witnesses and the like; and to make due return of the process by him executed (r). More particularly, his conduct is regulated by the following canons and constitutions: (1.) "We do ordain that from henceforth letters citatory, in causes ecclesiastical, shall not be sent by those who obtain them, nor by their messengers; but the judge shall send them by his own faithful messenger, at the moderate expense of the person suing them out; or at least the citation shall be directed to the dean of the deanry where the party to be cited dwelleth, who at the judge's commandment shall faithfully execute the same by himself or his certain and trusty messenger (s)." To the Dean of the Deanry.] That is, the rural dean, who had then some office and jurisdiction. (2.) We being desirous to apply a remedy against those grievances and excesses, which the beadles or apparitors of archdeacons and deans occasion to our subjects, do ordain that when in order to execute their mandates or to do other things necessary, they come to the houses of rectors, vicars or curates, or of other priests, clerks or religious, they shall demand nothing of them by way of procuration or other duty, but accepting with thanks what shall be set before them, they shall be content therewith. And they shall not execute their precepts by messengers or sub-beadles, but in their own persons. And they shall not pass sentence of excommunication or interdict themselves, nor denounce such sentences passed by others, without special mandates from their principals; and if they shall presume to do otherwise, such sentences shall not bind. And the beadles or apparitors who shall act contrary to this constitution, and shall be found burdensome or injurious to (1) Ayl. Parerg. 67. (s) Otho. Athon. 63. the subjects of their masters, shall be severely punished, and be obliged to render double to those they have aggrieved (t)." Or of other Priests.] As chantry priests, or other who performed obits or anniversaries (u). (3.) We do ordain, that every one of our suffragans shall have one riding apparitor only for his diocese; and that the archdeacons of the several places within our province shall have one apparitor for every deanry, not riding but on foot: And they shall not stay with the rectors or vicars of churches [ 56 ] at their charge more than one night and day in every quarter of a year, unless they be specially invited by them: And they shall not make any collections of money at the general chapters; nor of wool, lambs, or other things at any other time; but they may accept with thanks what shall be freely given to them. And if any more shall be deputed than is above expressed, or any of them shall be found temerariously to act contrary to the premisses, they who deputed them shall be suspended from their office and benefice, until they shall remove such person so deputed, and they who shall be so deputed shall be for ever ipso facto suspended from the office of apparitors (x)." [By 21 Hen. 8, c. 5, as well as by 138th canon, apparitors are called summoners or sumners (y).-ED.] (4.) "Forasmuch as we are desirous to redress such abuses and aggrievances as are said to grow by sumners or apparitors; we think it meet that the multitude of apparitors be (as much as is possible) abridged or restrained: wherefore we decree and ordain that no bishop or archdeacon, or other their vicars or officials, or other inferior ordinaries, shall depute or have more apparitors to serve in their jurisdictions respectively, than either they or their predecessors were accustomed to have thirty years before the publishing these our present constitutions. All which apparitors shall by themselves faithfully execute their offices; neither shall they under any colour or pretence whatsoever cause or suffer their mandates to be executed by any messengers or substitutes, unless upon some good cause to be first known and approved by the ordinary of the place. Moreover, they shall not take upon them the office of promoters or informers for the court. Neither shall they exact more fees than are in these our constitutions formerly prescribed. And if either the number of the apparitors deputed shall exceed the assigned limitation, or any of the said apparitors shall offend in any of the premisses; the persons deputing them, if they be bishops, shall upon admonition of their superior discharge the persons exceeding the number so limited; if inferior ordinaries, they shall be suspended from (t) Boniface, Lind. 221. (u) Ibid. (r) Stratford, Lind. 225. |