|
Conduct this which might expect the warmest Returns both of
public and private Gratitude. But his Lordship not having
made a Practice of sending in Immediate Commissions from
Himself for offices of Trust, and his not having dispensed with
Pluralities, is so far from being a good Reason why he never
should, that it is the best Reason in the world why it should
sometimes be done, lest Disuse should invalidate Privilege,
and popular Power annihilate Prerogative.
Pluralities are admissible in Maryland two Ways: by Dis-
pensation According to the Statute and Canon Law of the
Kingdom of England, And by Consent of Vestries according
to the Act of Assembly of Maryland.
Tho the antient Canons and Constitutions of the Church
were very strict Against Pluralities yet the Power of granting
Dispensations lodg'd in the Hands of the Popes heretofore &
exercis'd by them in the fullest Manner, in all Countries where
the Christian Religion has received a regular and temporal
Establishment, and which constituted, one great Branch of the
Revenue of the Apostolic See, gave great Latitude to the
Clergy in this Respect. To prevent This, as well as the many
other Papal Incroachments within the Realm of England, It
was Enacted 25 H. 8. C. 21. "That no person shall sue
to the
" See or Bishop of Rome or to any person having or pre-
tending any Authority by the same, for Licences Dis-
pensations Compositions Faculties &c for any Cause
or Matter for which the Same us'd to be granted, or
that in Causes of Necessity may Lawfully be granted
without offending the Laws of God, But the same shall
be granted in Manner following & none otherwise ;
That is the Archbishop of Canterbury shall have Power
by his Discretion to grant the Same which in things of
Greater moment shall not be put in Execution 'till
Confirm'd by the King under his great Seal, in Man-
ner following & none otherwise."
The Kings of England before the Time of H. 8. have us'd
to grant dispensations in Causes Ecclesiastical, and notwith-
standing this negative Clause it has been held in a Variety of
Cases at different Periods of time, that this Statute does not
Intend to take away from the King (who is not nam'd in the
Statute) the Prerogative of the Crown, to which Likewise the
Papal Authority was now Transferred, and in a Late Case it
was delivered, that the Statute gives The Archbishop a Power
Concurrent with that the King had and still hath at Common
Law and that Dispensation granted by the King or Archbishop
is good. Burns Note God. 108. Gibs 88. If the negative
Words no otherwise in the Statute are so construed & explain'd
|
