DIOCESE. (1) 1. DEFINED, p. 455. 2. BOUNDARIES OF DIOCESES, pp. 455, 456. 8. BISHOP IN THE DIOCESE OF ANOTHER BISHOP, p. 456. 4. CLERK IN TWO DIOCESES, p. 456. 1. DEFINED. Diocese, from dokew, seorsim habito, signifies the circuit of every bishop's jurisdiction: and as England is divided into shires or counties, in respect of its temporal state, so is it divided into dioceses, in regard to its ecclesiastical state. (2) The word "diocese" was borrowed from the Roman government, who had adopted it from the Greeks. "Si quid habebis cum aliquo Hellespontio controversiæ ut in illam dioikŋow rejicias." (3) For a province was parcelled out into dioceses; and Cicero here requests the proprætor that his friend's cause may be heard in the court of the diocese at the Hellespont, and not in the chief or metropolitan court of the province, i. e. Ephesus. (4) DEFINED. 2. BOUNDARIES OF DIOCES ES. BOUNDARIES OF canon law. According to the canon law, the bounds of dioceses are to be determined by witnesses and records, but more particularly by the administration of dioceses acdivine offices. On this subject, there are two rules in the canon law: in cording to the one case, upon a boundary dispute between two bishops, the order is, Mandamus, quatenùs secundùm divisiones, quæ per libros antiquos, vel alio modo meliùs probabuntur, necnon per testes, famam, et quæcunque alia adminicula, in negotio procedatis (5) : in the other case, where the question was, by whom a church built upon the confines of two dioceses should be consecrated, the direction was, that it should be conecrated by that bishop who, antequam fundaretur, baptizaverit incolas, et ad cujus consignationem sub annuâ devotione concurrerint. (6) The jurisdiction of the city is not included in the name of diocese, so says the canon law; and accordingly, in citations to general visitations, directed to the clergy, it is said, Clericos civitatis et dicecesis. (1) Vide tit. ARCHBISHOPS ARCHDEA. CONS BISHOPS - ECCLESIASTICAL COM MISSION. (2) 1 Inst. 94. (a). (3) Cic. Fam. Ep. 53. 1. 13. (4) 1 Burn's E. L. by Phillimore, 194. BOUNDARIES Boundaries of The boundaries of episcopal dioceses have been defined by stat. 6 & 7 Gul. 4. c. 77.(1) dioceses ac cording to stat. 6 & 7 Gul. 4. BISHOP IN THE ANOTHER 3. BISHOP IN THE DIOCESE OF ANOTHER BISHOP. A bishop may perform divine offices, and use his episcopal habit, in the diocese of another, without leave; but he cannot perform therein any act of jurisdiction without permission of the other bishop, unless it be, by act of parliament. (2) CLERK IN Two 4. CLERK IN TWO DIOCESEs. A clergyman dwelling in one diocese, and beneficed in another, and being guilty of a crime, may, in different respects, be punished in both; that is, the bishop in whose diocese he dwells may prosecute him; but the sentence, -so far as it affects his benefice, must be carried into execution by the other bishop. (3) Defined. 1. DEFINED, pp. 456, 457. DISPENSATION. (4) 2. AUTHORITY TO GRANT DISPENSATIONS, p. 457. Powers of the Pope- Stat. 25 Hen. 8. c.21.- Power of bishops to dispense— The crown unrestricted in the exercise of its ancient power. 1. DEFINED. A dispensation is a relaxation of the common law, made and granted by one that has the power of granting the same. A simple licence cannot be called a dispensation, since a simple licence is not contrary to law as a dispensation is; but it is a matter founded on, and agreeable to some law. A simple licence, or a faculty, as it is sometimes called, does not in reality suspend at all the obligation of a law, but gives an operation to it in order to render it effectual, according to a certain mode or method prescribed by law. There are several laws and statutes which do not simply forbid a thing's being done, but its being done without a faculty granted in a (1) Vide Stephens' Ecclesiastical Statutes, 1717.; et post, tit. ECCLESIASTICAL COMMIS SION. (2) Gibson's Codex, 133, 134. (4) Vide stat. 25 Hen. 8. c. 21.; stat. 28 Hen. 8. c. 16.; stat. 28 Hen. 8. c. 19. (Ir.); and the notes thereto in Stephens' Ecclesiastical Statutes, 160. 215. 26. Vide tit. MARRIAGE PLURALITIES. particular manner; wherefore the granting of a faculty, or a licence, is not DEFINED. a dispensing with the law, but an execution and observance of it. (1) 2. AUTHORITY TO GRANT DISPENSATIONS. AUTHORITY TO Power of the Pope. Notwithstanding the statute of provisors, and divers other statutes against PENSATIONS. the papal encroachments upon the ecclesiastical jurisdiction of this realm, the papal power still prevailed against all those statutes, and particularly in dispensations, which afforded a large revenue to the apostolic see. Stat. 25 Hen. 8. By stat. 25 Hen. 8. c. 21. any person suing to the see of Rome for any licence, dispensation, composition, faculty, grant, rescript, delegacy, instru- c. 21. ment or other writing, will incur the pains of præmunire. (2) But if a dispensation be required from the Archbishop of Canterbury in extraordinary matters, or in any case that is new, it is not to be granted except by the consent of the king and his council. By section 15. such statute is not to be prejudicial to the Archbishop of York, or to any bishop or prelate of the realm, and they can, notwithstanding such statute, dispense in all cases in which they were wont to dispense by the common law and custom of the realm, before its enactment. (3) The canonists are much divided about the powers of bishops in the point of Power of dispensing, but says the Gloss. (4):-" Alia est magis communis opinio, quod bishops to dispense. episcopus ubicunque potest dispensare, ubi non invenitur prohibitum." And, "Generaliter, ubicunque non prohibetur dispensatio, intelligitur esse permissa." Which dispensations seem to refer chiefly to canonical defects and irregularities of that kind. (5) The king, not having been restricted by stat. 25 Hen. 8. c. 21., his power to grant dispensations in causes ecclesiastical has not been in the slightest degree affected by such statute. (6) By stat. 55 Geo. 3. c. 184. (7) every dispensation or faculty from the Archbishop of Canterbury, or Master of the Faculties, or from the Guardian of the Spiritualities, during the vacancy of the archbishop's see, is to be charged with a stamp duty of 407. 1) Ayliffe's Parergon Juris, 221. (2) By stat. 13 Eliz. c. 2. s. 3. this penalty was repealed, and high treason substituted. (3) Extra. 1. 2. t. 1. c. 4. (4) V. Minora. (5) Gibson's Codex, 92. (6) Ibid. 88. Evans v. Ascuithe, Palm Armiger (7) Stephens' Ecclesiastical Statutes, 1089. The Crown unrestricted in the exercise of power. c. 184. DISSENTERS. (1) 1. CANONS AGAINST DISSENTERS, pp. 459, 460. 2. GENERAL STATUTABLE ENACTMENTS, pp. 460–468. General principles of the Act of Toleration—Dissenters not exempt from payment of tithes, or any parochial duties - Act of Toleration does not extend to clergymen of the Church of England, who act contrary to the rules and discipline of the church- ROMAN CATHOLICS can hold military and civil offices —Members of lay corporations not to vote in ecclesiastical appointments - Incapacitated from holding ecclesiastical offices, or to make presentations—JESUITS coming into the realm to be banished — Female societies excepted-QUAKERS AND MORAVIANS can affirm in all cases instead of an oath—Equal privileges given to Separatists - Non-payment of tithes · Refusing to find a substitute for the militia- Quakers exempt from the marriage acts —— Local exemptions of Quakers from offices and from registration under stat. 52 Geo. 3. c. 102.-JEWS-Stat. 9 & 10 Vict. c. 59. gives to Jews equal privileges with protestant_subjects dissenting from the Church of England, in respect of religious worship, &c. — PROVISIONS OF STAT. 9 & 10 VICT. c. 59. - 3. DISSENTING HOUSES OF WORSHIP, pp. 468, 469. All places of religious worship to be certified and registered — Jewish synagogue not an illegal establishment—Exemption from tolls in going to a place of worship-Penalty for disturbing certain religious assemblies, under stat. 52 Geo. 3. c. 155, and 1 Gul. & M. c. 18. Lutheran and other protestant congregations protected-Provisions of stat. 9 & 10 Vict. c. 59. s. 4. against disturbing any religious assemblies. 4. PREACHING BY DISSENTING MINISTERS, pp. 469, 470. Preaching in certified places · Preaching in uncertified places. 5. DISSENTING MINISTERS NOT IN TRADE, AND IN TRADE, pp. 470 -472. Teachers or preachers having taken the oaths, &c. exempt from offices and from the militia -Dissenting ministers in trade-Mandamus lies to administer the oaths to a teacher of protestant dissenters - Exemption from the militia. 6. MINISTER'S TITLE TO HIS OFFICE, pp. 472, 473. Court of Equity will sanction the appointment of a minister to a dissenting congregation Election and appointment of a minister may be tried by mandamus - The minister must have a prima facie title — When party will be left to try his right in an action · When an injunction to restrain a minister from preaching will be allowed When Court of Equity will not interfere to prevent the removal of a minister by the trustees Insufficient possession by minister to maintain trespass. 7. GRANTS, TRUSTS, DEVISES, AND BEQUESTS FOR DISSENTERS, PP. 473-475. Court of Equity bound to administer trusts— Trustees and congregations — Devise to dissenting ministers. 8. DISSENTING SCHOOL MASTERS, p. 475. 9. FOREIGN PROTESTANT MINISTERS, p. 475. 10. TESTS AND OATHS OF OFFICE, pp. 475-477. (1) Vide ante, tit. BAPTISM. 1. CANONS AGAINST DISSENTERS. Canon 9. "Whosoever shall hereafter separate themselves from the com. munion of saints, as it is approved by the apostles' rules, in the Church of England, and combine themselves together in a new brotherhood, accounting the Christians who are conformable to the doctrine, government, rites, and ceremonies of the Church of England to be profane and unmeet for them to join with in Christian profession, let them be excommunicated ipso facto, and not restored, but by the archbishop, after their repentance and public revocation of such their wicked errors." Canon 10. "Whosoever shall hereafter affirm, that such ministers as refuse to subscribe to the form and manner of God's worship in the Church of England prescribed in the communion book, and their adherents, may truly take unto them the name of another church not established by law, and dare presume to publish it, that this their pretended church hath of long time groaned under the burden of certain grievances imposed upon it, and upon the members thereof before mentioned, by the Church of England, and the orders and constitutions therein by law established, let them be excommunicated, and not restored until they repent, and publicly revoke such their wicked errors." Canon 11. "Whosoever shall hereafter affirm or maintain, that there are Canon 11. Maintainers of within this realm other meetings, assemblies, or congregations of the king's conventicles born subjects than such as by the laws of this land are held and allowed, censured. which may rightly challenge to themselves the names of true and lawful churches, let him be excommunicated, and not restored, but by the archbishop, after his repentance and public revocation of such his wicked errors." Canon 12. "Whosoever shall hereafter affirm, that it is lawful for any sort of ministers and lay persons, or of either of them, to join together and make rules, orders, or constitutions in causes ecclesiastical without the king's authority, and shall submit themselves to be ruled and governed by them: Let them be excommunicated ipso facto, and not to be restored until they repent, and publicly revoke those their wicked and anabaptistical errors." Canon 71. "No minister shall preach or administer the holy communion in any private house, except it be in times of necessity, when any being either so impotent as he cannot go to the church, or very dangerously sick, are desirous to be partakers of the holy sacrament, upon pain of suspension for the first offence, and excommunication for the second: provided, that houses are here reputed for private houses, wherein are no chapels dedicated and allowed by the ecclesiastical laws of this realm: and provided also, under the pains before expressed, that no chaplains do preach or administer the communion in any other place but in the chapels of the said houses; and that also they do the same very seldom upon Sundays and holydays, so that both the lords and masters of the said houses and their families shall at other times resort to their own parish churches, and there receive the holy communion at the least once every year.” Canon 72. "No minister or ministers shall, without the licence and direction of the bishop of the diocese first obtained and had under his Canon 12. Maintainers of made in conventicles cen constitutions sured. Canon 71. Ministers not to preach or administer the communion in private houses. Canon 72. Ministers not to appoint |