or mayor fhall commit the offender to the house of correction, there to remain and be kept to hard labour for the fpace of ten days. f. 4.

Provided, that if any common foldier belonging to any regiment in his majesty's fervice, or any common failor or common feaman belonging to any ship or veffel, shall be convicted of profane curfing or fwearing as aforesaid, and fhall not immediately pay down the penalty or give fecurity for the fame as aforefaid, and alfo the cofts of the information, fummons, and conviction, as by this act is directed; he fhall, instead of being committed to the houfe of correction, be ordered by fuch juftice or mayor to be publickly fet in the ftocks for the space of one hour for every fingle offence, and for any number of offences whereof he fhall be convicted at one and the same time two hours. f. 5.

And if fuch juftice or mayor fhall wilfully and wittingly omit the performance of his duty, in the execution of this act; he shall forfeit 5 1. half to the informer, and half to the poor of the parish where he fhall refide; to be recovered in any of his majesty's courts of record at Westminfter. f. 6.

And if any constable or other peace officer fhall wilfully and wittingly omit the performance of his duty, in the execution of this act; and be thereof convicted by the oath of one witnefs, before one juftice or mayor as aforefaid; he shall forfeit 40 s. to be levied and recovered by diftrefs and fale, and to be difpofed of half to the informer and half to the poor; and if he have not fufficient goods whereon to levy the fame, fucn juftice or mayor fhall commit him to the houfe of correction, to be kept to hard labour for one month. f. 7.

And the conviction fhall be drawn up in the words and form following:

Middlesex

Be it remembred, that on the day of to wit in the year of his majesty's reign, A. B. was convicted before me one of his majesty's justices of the peace for the county, riding, divifion, or liberty aforesaid; [or before me mayor, justice, bailiff, or other chief magistrate of the city, or town of within the county of - as the cafe fhall be] of fwearing one or more profane oath or oaths; or, of curfing one or more profane curfe or curfes; as the cafe fhall be. Given under my hand and feal, the day and year aforefaid. f. 8.

Which faid form and conviction fhall not be liable to be removed by certiorari, but shall be final to all intents.

And

And the faid juftice or mayor, before whom the conviction fhall be, fhall caufe the fame to be fairly wrote upon parchment, and returned to the next general or quarter feffions of the peace for the county, to be filed by the clerk of the peace, and kept amongst the records. f. 8.

The penalties to be difpofed of for the benefit of the poor; and all charges of the information and conviction hall be paid by the offender if able, over and above the penalties; which charges fhall be fettled and afcertained by fuch justice or mayor (fo as that the clerk of fuch juftice or mayor fhall have for the information, fummons, and conviction of every offender, the fum of 1 s. and no more. f. 14.). And if fuch party fhall not be able, or fhall not immediately pay the faid charges and expences, or give fecurity for the fame to the fatisfaction of fuch juftice or mayor; he fhall commit him to the house of correction, there to remain and be kept to hard labour for the space of fix days, over and above fuch time for which he may be committed in default of payment of the penalties; and in fuch cafe, no charges of information and conviction fhall be paid by any perfon whatsoever. f. 10.

And if any action fhall be brought against any juftice of the peace, conftable, or any other perfon whatsoever, for any thing done in execution of this act; he may plead the general iffue, and give the special matter in evidence: and if a verdict fhall be given for him, or the plaintiff be nonfuit, or difcontinue, he fhall have treble cofts. f. 11.

Provided, that no perfon fhall be profecuted or troubled for any offence against the ftatute, unless the fame be proved or profecuted within eight days next after the offence committed. f. 12.

And this act shall be publicly read four times a year, in all parish churches and publick chapels, by the parfon vicar or curate, immediately after morning or evening prayer, on four feveral fundays, to wit, the funday next after Mar. 25. Jun. 24. Sep. 29. and Dec. 25. or in cafe divine fervice fhall not be performed in any fuch church or chapel on fuch funday, then upon the first funday after on pain of forfeiting 51. for every omif. fion or neglect, to be levied by diftrefs and fale of the offender's goods, by warrant from fuch justice or mayor, f. 13.

And by the 22 G. 2. c. 33, Art. 2. All flag officers, and all perfons in or belonging to his majefty's fhips or veffels of war, being guilty of profane oaths, curfings, execrations, or other scandalous actions, in derogation of

God's

God's honour, and corruption of good manners; fhall incur fuch punishment, as a court martial fhall think fit to impose, and as the nature and degree of their offence fhall deserve.

1.

GE

Synod.

ENERAL or œcumenical councils or fynods are General counaffemblies of bishops from all parts of the church, cil. to determine some weighty controverfies of faith or difcipline. These were firft called by the emperors, afterwards by chriftian princes; till in the latter ages the pope ufurped to himself the greatest fhare in the calling of them, and by his legates prefided in them when called. Johnf. 139.

By Art. 21. General councils may not be gathered together, without the commandment and will of princes; and when they be gathered together (forafmuch as they be an affembly of men, whereof all be not governed with the Spirit and word of God) they may err, and fometime have erred, even in things pertaining unto God. Wherefore things ordained by them as neceflary to falvation, have neither ftrength nor authority, unless it may be declared that they be taken out of holy fcripture.

But fince the great divifions of chriftendom, especially in the western church, a free univerfal fynod is fcarcely now to be hoped for. Johnf. 140.

2. A national fynod confifteth of all the archbishops National fynode. and bishops within one nation, affembled together to determine any point of doctrine or difcipline. The first of this fort which we read of here in England, was that of Herudford (now Hartford) in the year 673. The laft was that held by cardinal Pole, in the year 1555. Johnfi 139.

But altho' national fynods be now laid afide, yet upon any great emergency, the fynods of the two provinces of Canterbury and York do act by mutual correfpondence and joint confent, or by having commiffioners from the province of York prefent in that of Canterbury. Id. 140. ›

3. A provincial fynod confifteth of the metropolitan and Provincial fy the bishops fubject to him; being what is now called the nod, Convocation, and is treated of in this book under that title.

Diocefan fynod.

4. A diocefan fynod is the affembly of the bishop and his prefbyters, to inforce and put in execution canons made by general councils, or national and provincial fynods, and to confult and agree upon rules of difcipline for themselves. And these were frequently held, while the bishop and clergy lived together in a community; and were not wholly laid afide, till by the act of fubmiflion, 25 H. 8. c. 19. it was made unlawful for any fynod to meet, but by royal authority. Johns. 140.

Synodals.

SYNODALS and fynodaticum, by the name, have a

plain relation to the holding of fynods; but there being no reason why the clergy should pay for their attending the bishop in fynod, purfuant to his own citation, nor any footsteps to be found of fuch a payment by reason of the holding of fynods, the name is fuppofed to have grown from this duty being usually paid by the clergy when they came to the fynod. And this in all probability is the same which was anciently called cathedraticum, as paid by the parochial clergy, in honour to the epifcopal chair, and in token of fubjection and obedience thereto. So it stands in the body of the canon law, "No bishop shall demand

any thing of the churches but the honour of the cathedraticum, that is, two fhillings" (at the most, faith the glofs, for fometimes lefs is given). And the duty which we call fynodals, is generally fuch afmall payment: which payment was referved by the bishop, upon fettling the revenues of the respective churches on the incumbents: whereas before, those revenues were paid to the bishop, who had a right to part of them for his own ufe, and a right to apply and diftribute the reft, to fuch ufes, and in fuch proportions, as the laws of the church directed. Gibf. 976.

Synodals are due of common right to the bishop only: So that if they be claimed or demanded by the archdeacon, or dean and chapter, or any other perfon or perfons, it muft be upon the foot of compofition or prescription. Id.

And if they be denied where due, they are recoverable in the fpiritual court: And in the time of archbishop Whitgift, they were declared, upon a full hearing, to be

fpiritual

fpiritual profits; and, as fuch, to belong to the keeper of the fpiritualties fede vacante. Gibl. 977.

Alfo conftitutions made in the provincial or diocefan fynods, were fometimes called fynodals; and were in many cafes required to be published in the parish churches in which fenfe the word frequently occurreth in the ancient directories.

Templars. See Monafteries. Temporalties (of bishopricks). See Bithops. Tenths. See first fruits.

Terrier.

BY Can. 87. The archbishops and all bishops within their feveral diocefes, fhall procure (as much as in them lieth) that a true note and terrier of all the glebes, lands, meadows, gardens, orchards, houses, ftocks, implements, tenements, and portions of tithes lying out of their parishes, which belong to any parfonage, vicarage, or rural prebend, be taken by the view of honeft men in every parish, by the appointment of the bishop, whereof the minister to be one; and be laid up in the bishop's regiftry, there to be for a perpetual memory thereof.

It may be convenient also, to have a copy of the fame exemplified, to be kept in the church cheft. God. Append. 12.

Thefe terriers are of greater authority in the ecclefiaftical courts, than they are in the temporal; for the ecclefiaftical courts are not allowed to be courts of record: and yet even in the temporal courts these terriers are of fome weight, when duly attested by the regifter. Johnf. 242.

Efpecially if they be figned, not only by the parfon and churchwardens, but alfo by the fubftantial inhabitants; but if they be figned by the parfon only, they can be no evidence for him; fo neither (as it feemeth) if they be figned only by the parfon and churchwardens, if the

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church