81
p. 376 of Oxford edition — ^in which it appears
that pecuniary fines were sometimes with great
cauUou allowed.* Bnt if the practice be sub-
- In order to give our opponents eveiy possible advantage,
or at least, light, on thh subject, I refer them to the documenta in the I Vth vol. of WUkins's Concilia, M. B. pp. 31^ 355, 362, 552, 638, 654, 5. And from tho last leference, where are found the " form for regulating proceedings,'** &c., by Convocation^ dated April 30, 1714, under Sect. iii. I extract as follows :— ^ That in all crimes of ecclesiastical cognizance, the ju4g0 and ngister shall send out their citations,^ &c. ^ And that no com- mutation of penance be hereafter accepted or allowed of by any ecclesiastical judge, without an oxpica consent given in writing by the bishop of the dioccceb or other ordinary baTing exempt jurisdiction, or by some perm or persons to be especially de- puted by them for that purpose ; and that all commutations, or pretended commutations, accepted or allowed otherwisey thaa is hereby directed, be ipio fscto nuU and void.
- That no ram of momy^ giyen or received for any commu-
tation of penance, or any part thereof, shall be disposed of to any use» without the consent and direction in writing of the bkhop, or other ordinary having exempt jurisdiction, if the came hath been prococuted in their courts, or of the archdeaeoo, if the cause hath been prosecuted in his court ; and all mon^ received fi>r commutation pursuant to the forsgoing directions, shall be disposed of to pious and charitable uses'^ ( not fees qf qjfiee ^ * by the respective ordinaries above-named, whereof at the least one-third part shall by them be disposed of in the pa- rish, where the offenders dwelL And that a register be kept in eveiy ecclesiastical court of such commutations, and of the par* ticular usss, to which such mon^ hath been applied ; and thai the account so rsgistered, be every year laid before the bishop, or other exempt ordinary having episcopal jurisdiction, in order to be andited by them ; and that any ecclesiastical judge or of-* 0cer offending in any of the premises, be suspended for three months for the said offence.^ Perfectly identical all this with what is exhibited in the present work 1
