Selected quad for the lemma: act_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
act_n	law_n	parliament_n	void_a	3,330	5	9.0049	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20574	A compleat parson: or, A description of advovvsons, or church-liuing Wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. With many other things concerning the same matter, as they were deliuered at severall readings at New-Inne, / by I. Doderidge, anno, 1602, 1603. And now published for a common good, by W.I.	Doddridge, John, Sir, 1555-1628.; W. I., 17th cent.	1630 (1630)	STC 6980; ESTC S109763	45,102	102

before he sue for the temporalties out of the hands of the King the free-hold bee in him or not is diue●sly taken in the 38. E. 3. ●0 ● 5. Notwithstanding the Metropolitan ought to certifie the day and time of the consecration of euery Bishop within his Diocesse for according therevnto he shall be restored to his Temporalties and this I thinke to be reason Thus you see that in some respect the Election of a Bishop resembleth the Presentation of a parson the Confirmation resembleth the Admission of a parson the Creation resembleth the Institution of a parson and the Installation or the inthronation the Induction of a parson yet in many other respects they differ And although after the abrograting of the Popes authoritie out of this Realme it be ordained by the 25. H. 8. cap. 20. that the election of Bishops and Archbishops should be altered and the King restored to his ancient prerogatiue therein which prerogatiue King Iohn and his ancient progenitors long since enioyed and although likewise the Ceremonies forme and manner of consecration of Bishops by the Authority of parliaments in the time of King Ed. the sixt were now appointed and published all acts of parliament being repealed by the first and second of Philip and Mary are now reviued and in force by Eliz. yet our former position holds now firme Law that no Church nor Spirituall Dignitie at this day becommeth voyde by king the Incumbent thereof Byshop vntill his Consecration as well by rigour of ancient time as by Statute And therefore at the Common Law if the King vpon defect or otherwise giue by vertue of the 25. H. 8. 20 by his Letters pattents to any fit parson any Byshopricke or Archbyshopricke within this Realme without Election and therevpon before Consecration restore to him his Temporalties or if the Pope had giuen a Byshopricke to any fit person by reseruation which amounteth in Law to an Election and Confirmation if the King had restored to him his Temporalties yet in both cases vntill Consecration he is no perfect Byshop nor his former Dignities by such Grant and restitution of Temporalties become voyde vntill Consecration as aforesaid If before the 25. of H. 8. 10. the Incumbent of a Benefice had beene Elected Byshop and confirmed and before consecration had obtained of the Byshop of Rome a dispensation still to enioy his former benefice notwithstanding his Creation or Consecration had ensued accordingly yet by such Creation the Church should not haue beene voyde but the partie still enabled to retaine the same Benefice against the patron by vertue of such Dispensation So at this day if an Incumbent of a Spirituall Benefice be elected and confirmed and before hee bee consecrated obtaine licence or dispensation of the Archbyshop of Canterbury to detaine the Benefice incommendam yet hee shall be promoted to the same Byshopricke although his licence neuer bee enrolled in the Chancerie according to the 25. H. 8. but onely enrolled by the Register of the Archbyshop although the Consecration be before this licence or dispensation appointed to take effect yet by vertue of such Dispensation the former Dignitie or Benefice becommeth not voyd by the same Consecration Yet if the I●eumbent of any Spirituall benefice be elected consecrated and confirmed Byshop and after his Consecration procureth a Dispensation of the Pope in papacie or of the Metropolitan since the Stat. of the 25. H. 8. c. 20. such Dispensation shall not be available because by the Consecration the former Dignity or Benefice was actually and in Deed voyd and then neyther the Dispensation of the Pope could at any time nor of the Metropolitā at this time take from the Patron the right of his presentation of such avoyded Dignitie by the Consecration acrewed to him because after the first Dignitie is once voyde by the Consecration the Dispensation commeth too late Yet the King Ex summa authoritate sua Regia Ecclesiastica qua fungitur may grant to the Byshop that is consecrated power to take and receiue by presentation Institution and Induction any Spirituall Benefice and to hold the same in Commendam notwithstanding his estate of being Byshop for so the Pope vsed to doe and the same Authority is recognised by the Statute of the 25. H. 8. to be in the King or Queene of this Land which was within this Realme by the Pope Finally this is to be noted that whereas before it hath bin said that Deprivation is the act of the Law yet grounded vpon the act of the partie So is Creation of the Byshop the act of the Law wherefore if a man bring an action and pendant his writ bee created Byshop the writ shall not abate because it is onely the act of the Law but yet Resignation is meerely the act of the party thus much for Creation FINIS Tull Offi● lib. 1. Quid. Fitzh N. Br. 30. Ibid. 33. a. 31. E. Ib. 34. 9. E. 14. H. 3. Fetzh quare Imp. 183. Summa ho●stènsis d● jure patrono Sūma Anglse eod tit Sūma Siluestrinae tit Patronatus 34. H. 6. 40 v. Asliton Iohan. Bellonius de et imologijs 34. E. 3. Fitzh Qu. Imp. 187. ●●●ma hostieus ti● ius Patronas I. Honos Onus Vtilitas Breuia 33. H. 6. 34 b. 35 a. act 13. E. 3. 15. b. 33. H. 6. 33. a. 5. H. 7. 36. b. 37. a. Fitz● 1● br 217. b. 12. H. 8. 7. b. per Pollyard Com. 284. a Com. 487. b Bracton Jus. 2. H. 7. 36. Ratio 1. 12. H. 8. 7. b 21. H. 7. 4. ae Ratio 2. 31 ● 3. Graunt 90 Anuitie 53. Ratio 3. Fitzh Release 57. ●ur ven 6. 33. aide ●● Roie 103. 7. H. 6. 38. b 8. H. 6. 24. 21. H. 7. 44 7. H. 4. 16. ● 11. H. 5. ● 8 b. 14. H. 8. 31. ● Fitzh 30. b 38 ● 6 20 a. Per Por●escue Com. 157. ● 45. E. 3. 19. b 32. H. 6. 3● a. 7. H. ● 13 b. Fitzh fol. 34. f. 9. E. 3 43. E. 3. 16. 20. E. 4. 15. b 5. H. 7. 17. b 6. H. 7. 3. a. 12. H. 7. 16. a 26. H. 8. 2. a 33. H. 6. 34. b. Com. 176. v 21. E. 3. 5. a 40. E. 3. 44. b. 42. E. 3. 7. b. 1. H. 4. 16. a. 33. H. 6. 34. b. 5. H. 7. 37. 14. H. 7. 26. a. 15. H. 7. 8. 43. E. 3 15. b 33. H. 6. 35. 5. H. 7. 33. b. 33 H 6. 35 b. 5. H. 7. 37 b. 15. H 8. a. 5. H. 7 37. On. 38 b. 20. E. 4. 15 b 5. H. 7 38. 15. H. 7. 8 a. 7 E 4 6. Fitzh 29 3 1 49. d 3. H 7. 5 a. 19. E. 2. Fitzh Qu. Imp. 177. Fitzh 3. b. 32. H. 6. 11 b. 14 H 6. 15 b. Fitzh 30. v. 7 E. 3. 30 b Fitzh 31. b. 14 H. 6 15 b. 33 H 6 11 b. 5 H 7 7 b. 14 H. 6 15 b Fitzh 11 br 39. 29 E 3 5. b. 9 H 6. 57 a 32 H 6 22 a. 5 H 7 36. a 37 b 12. H 8 a. 8 E 3. Fitzh recouery in value 11 9. 33 H 6. 4. Lit. 20 E. 4. 15 a. 8 H. 7 4 b. Com. 161 ● 5. H. 7. 6. 5. ● 7 37. a. 13. a 11 E. 4. 11. v. 2● E. 4. 15 b. Fitzh 33. k ● 10. H. 7. 19 33. H. 6 4. b. lib. vlt. 34. ● 3. Quare ●●p Fitzh 10. 9. E. 6. 5. 9. b. 20. Dyer 14 H. 6. 25 b. Fitzh 39 ●2 H. 6. 64. b. 33. H. 6. 11 12. a. 6 ● 6. 74. b 44. Dyer 18 E. 3 ●5 41 H. 4. Fitzh 88. 33. H. 6. 5. a. fine 5. H. 7. 10. a Fitzh feofments and feof 115. 17. E. 3. 45 18 19 21 22. E. 3. 6. b 7. a. Thorpe Fitzh 32 ● 43 E. 3. 26. b or v. Thorp 17. E. 5. a. Mombray Com. 170. b. 16 H. 7 13 b 9 b. 17 E 3 51 ● 20. E. 4. 6. b. 11 H 6. 32. b 5. E. ● Qu. Imp. 165. 178. 7. E. 3 12 a. 51. a. 16. E. 3. w d● faits 11 6 5. E. 3. 26 b. 11 H. 6. 18 b. 31. H. 6 14. a. Fitzh 33. v. t. 34 35. f. 2. E. 3. Grants 89. 56 Dyer 35 7 E. 4. 61. a 75 a 11. H 6 18 a. 32. b. 17. E. 3. 51. ● 11. H 6. 18 32. b. ● 11 H. 6. 18 22. 8 H. 7 16. Com. 169 b 43 E 3. 30 a. Fitzh Qu. I 〈…〉 p. 13 33. E. 3. Fitzh aid le Roy 103. Ibid. Fitzh 103. Ratio 1. 22. H 6 33 lib. fund leg 70. 2. Ratio 2. 9. H 6. ●8 or 8. b. 38. H. 6 33 a 39. b. 10. H. 7. 19 a Keeble Ratio 3. 5 H. 7. 36 a 38 a 4. E 4 36. b ●it 184. 9. E. 4 39. b 5 H. 7. 5. H 7. 4. b 21 E. 4. 32. b 19. Ass 10 8. H. 7. 6. 1. E. 4 10. a. 18 H. 7 12 b 11 H. 6. 81 21. Ass 53. Br. incid 34 12. E. 288. 1. Reason Answered Fitzh 181. 44 E 3 bre 581 5. H 7 37 b. 9 H 6 28 b ●3 H. 6. 39. 38. H. 6. 38. a. 3. Reason Answered 19. E. 3. Fitzh br 884. Regist 228. br incid 38. P. 39. 39. Eliz. Rot. 2024. Longs case in Com. bank 5. E. 6. 70. Pl. 41. Dyer Iudgement Bracton lib. ● ●● 55. C. 23. 38. H 6. 38 b. 38. a. ●4 E. 3. 69 a. b. 14. H. 4 11. a. 1. H. 5 16. ● 4. 123. a. 21. H. 6. 17. Fit●b 33. b 14. H. 4. 11. a. 21. H. 6. ●7 a. 24. E. 3. 69 b. Com. 526. ●1 E. 3. ● ● 1. 2. 14. H. 8. 8. a 38. ● 3. 30 b. 5. ● 2. Fitzh 800 2 E 3 Fitzh bre 250 21 ● ● 5. 6. 41 E 3 56 46 ● 3. 32 ●

whom Resignation must be made Distinguendum est for if he be onely purposed to auoyd the Church and to cause the Patron to present againe then it ought to bee done to the Ordinarie to whom of right the Admission and Institution belongeth and to whom the Patron is bound to present for it is a Rule amongst the Canonists Apud enim debet fieri renuntiatio apud quem pertinere dignoscitur confirmatio and Reason will it shall be so because the King as supreame Ordinarie if such Resignation should be made to him hee is not compelable to giue notice to the Patron of such Resignation nor can hee or any other Ordinarie collate vpon the patron such notice Notwithstanding if the purpose be vtterly to extinguish such Dignitie spirituall the same Resignation may be made to the King as to the supreame head of the Church as in ancient time it might haue beene made to the Pope For such Authoritie and Iurisdiction as the Pope vsed in this Realme was contradicted by an Act of Parliament made in the 25 H. 8. and other Statutes to be in H. 8. and his Successors which Iudgement and opinion I hold to bee firme Law especially where the King himselfe is Patron or where the Patronage is to some Spirituall man for euer vpon Spirituall parsons the Pope before the Statute of the 25. E. 3. by his prouisions and other meanes vsed more Iurisdictions then at any time Lay persons could be permitted to doe The finall effect which consisteth in the end wherefore Resignation was ordained wee haue heard to be two fold the one to adnihilate the Spirituall promotion the other to make it voyde and fit for no Incumbent of the first we haue sufficiently spoken before and the vse of the other is manifest by those authorities subsequent A Prebend maketh a Lease for yeares rendering rent and after resigneth it it is holden cleerely that by this his Resignation this Prebend is discharged of the rent and therefore such charge shall not be any burthen to his successour likewise if a parson resigne after hee hath made a Lease for yeares the Lease is avoyded Likewise if a Parson permute or Change his Benefice which indeed cannot bee accomplished without Resignation the Charge or Graunt made by such Incumbent for yeares is vtterly voyde If a Parson grant an Anuitie out of the parsonage and after resigne if after all this the Patron and Ordinarie will confirme such Graunt the Confirmation and the Graunt which was voyd before Confirmation cannot be availeable With which agreeth Pollyard who saith that if a parson charge a Gleebe and after resigneth or dyeth the charge is avoyded A Recoverie was had against a Parson in an action of Debt and in a fierifac therevpon the Sheriffe returned that the defendant was Clericus Beneficiatus non c. in this case if the Defendant resigne the plaintiffe is destitute of his recovery for by such Resignation the Church is discharged because the Ordinary cannot sequester the Spirituall Benefice vpon any processe awarded to him But if the Incumbent that so chargeth bee such as hath by the law absolute power to deale with the lands of his Spirituall Dignitie without the Confirmation of any other and may by the Law discontinue as Abbot or pryor or such like then such charge by him shall not be voyd by such Resignation but shall continue against his successors vntill it bee avoyded by some other meanes Thus much concerning the finall cause of Resignation to which suffer vs to annexe the causes allowed by the Common Law to mooue a Byshop or any other bene●iced parson to relinquish and surrender their function Conscientia criminis debilitas corporis defectus scientia malitiae plebis graue scandolum irregularitas persona Lastly let vs consider that Resignation is deemed in the Law totally to be the act of the partie and therefore if any Incument being plaintiffe in any action resigne his Dignity or promotion his writ brought by him as Incumbent shall abate But if such Incumbent take out a writ concerning his R●ctory and afterward resigne and againe be promoted to the same Dignity before the returne of the Writ aforesaid it is good and auaileable Vpon the part of the De●endant vpon the same reason is the Law that if any action bee brought against any Incumbent that may charge him in respect of his seuerall promotions his resignation hauing the same suite for that that it is his act shall not abate such writ or action It is to be noted that there are two sorts of Resignations the one is absolute when the Incumbent intendeth so to make voyde the Church and to surrender his right therein to the Ordinary wherevpon the Patron may present whosoever it shall please him to the Church as if the said had beene voyded by Death or other meanes of Avoydance as by precedent authorities hath appeared The other cause of Resignation is causa permutationis of which in the Register fol. 306. b. appeareth a precedent Whereupon also ensueth the forme of Presentation in this manner In Dei nomine Ego H. W. nunc Rector Ecclesiae de P. London Diocefies prius Rector Ecclesiae de L. ● Dictae P. Diocesies protestor dico allego in hijs scriptis quod si contingit quod huiusmodi Ecclesia me● de P. absque dolo culpa meis in hac parte à me aliqualiter evincatur volo intendo ad Dictam Ecclesiam de N. absque aliqua difficultat libere licite redire eam rehabere iuxta Canonicas sanctiones protestor insuper quod non intendo nec volo ab huiusmodi protestatione seu affectu eiusdem recedere aliqualiter in futurum sed eidem protestitationi contentis in eadem volo intendo in futuris temporibus sirmiter adhaerere iuris benesicio in omnibus semper soluo c. But to what purpose Protestation should seem in our Law I cannot perceiue for that that it appeareth by the Booke in the 45 H. 3. Fitzh exchange it LECT 16. The next speciall meanes in Avoydance of Spirituall promotions Presentatiue is Creation NOw Creation is where the Incumbent is not onely Elected but consecrated Byshop or Atchbishop By the former Dignities of such Consecrated the Benefices becomes voyd and the Churches or places seuerall where their former Sanctuarie was to be executed and vtterly discharged of their Incumbent and this immediatly vpon Consecration without solemne sentence Declaratorie in the Spirituall Court The reason whereof is not onely for Inconuenience of Pluralities but also because it should be likewise inconuenient for one and the same parson to be a Subiect and a Soueraigne which in the course of our manner of Iurisdiction cannot be but is reserued in the Superiour Neuerthelesse such auoyuance is not before Consecration or Creation nor before Consecration is he that is promoted deemed or called Bishop or Archbishop as appeareth by those authorities of 5.

principale But at this day the Law is contrary so that if a man be seisie of a Mannor and the entrie of the Diseissee being lawfull the Advowson becommeth voyde the Disseissee may present to the Church before his entry into his Mannor but if the Disseisor bee seisie of a Mannor by disseisin to which an Advowson is appendant and the Church becomes voyd so that the disseisor presenteth whereupon the Clarke is admitted Instituted and Inducted it seemeth that the disseisee in this case shall not haue his Quare Impedit to recouer his presentation vnlesse he first enter into the Mannor to which the Advowson was appendant and though hee enter yet he shall be driuen to his action Yet if a man be seisie of a Mannor to which an Advowson is appendant and bee disseisied of the same Mannor and the Church becomes void and the Disseisor presenteth one that is admitted Instituted and Inducted and so continueth parson sometime after if afterward the Advowson become voide now is not the Advowson so gained by such vsurpation but if that I that was deseisied enter into the Mannor I may againe present to the Advowson because the former vsurpation was a meane betweene the disseisin and the reentrie by which reentrie the Disseisors estate as well in the Advowson as in the Mannor is clearely defeated But it is otherwise of an Advowson in grosse in which case the Patron shall be driuen to his Writ of right so likewise if I be seisie of a Mannor to which an Advowson is appendant and afterward the Church becomes voyd and I present and be disturbed and after I be deseisied of the Mannor here I shall bring my Quare Impedit and recover my presentation before I enter into the same Mannor And so much is said where the entrie of him that hath right is lawfull in the principall but where the entrie is not lawfull there he shall not present to the Advowson vnlesse recontinuing the principall and therefore if a man bee seisied of a Mannor to which an Advowson is appendant and be disseisied if the Disseisor dye seisied and the Church become voyd the dissiessee shall not present to the Church vnlesse hee first recover the Mannor If Tenant in tayle bee seisied of a Mannor to which an Advowson is appendant and maketh discontinuance of the same Mannor and after dyeth if the Church become voyd the issue in taile shall not present therevnto vntill hee hath recovered the Mannor by Formedon to which the Advowson was appendant Likewise if a man bee seisied of a Mannor in right of his wife c. and both discontinueth the Mannor with the Advowson and the Husband dyeth if afterward the Church become voyde the wife shall not present vntill shee hath recontinued the Mannor by Cui in vita but forasmuch as the Statute of the 30. H. 8. 28. giueth in such case power to the wife or her heires to enter into the Land so aliened The Law at this present day must of necessity bee taken that the Wife or her heires in the former case may present without recontinuance of the Mannor for that that the same Statute ordained then that such alienation c. Feoffement act or acts made or done by the Husband shall not bee nor make in any manner any discontinuance thereof or be preiudiciall to her or her heires The former rule hath an exception in this manner yet notwithstanding the entrie being not lawfull in the principall yet if the Advowson be severed and in any manner cannot bee recovered then may the party wronged notwithstanding present without recontinuance of the principall As if a man before the Statute of the 32. H. 8. 28. be seisied of a Mannor in right of his Wife to which an Advowson is appendant and giueth to an Estranger the same Mannor or parcell thereof with the Advowson in ●e● and dyeth afterward the Church becommeth voyde and the Estranger presenteth and then Alleneth the Land to another in see sauing the Advowson and now the Church becomes voyde the wife in such case may present to the Church without any recontinuance of the Land discontinued to which the Advowson was appendant Quare therefore in the 5. H. 7. 36 where it is holden that if there be tenant in tayle of a Mannor to which there is an Advowson appendant and he alieneth the Mannor with the Advowson in ●ee and the Discontinued granteth the Advowson to another in Fe● severing it from the Mannor the issue in tayle shall not present vntill such time as hee hath recontinued the Mannor neuerthelesse if a remitter bee of the principall hee that is so remitted may present to the Advowson the next time that it becommeth voyd notwithstanding any vsurpation thereof before had For if Tenant in tayle bee of a Mannor to which an Advowson is appendant and discontinueth the same and the Discontinuee granteth the Advowson to another in fee and afterward reenfeofeth the tenant in tayle of the Mannor who dyeth seysied of the Mannor now his heyre shall present to the Advowson when it becommeth voyde and if hee be disturbed hee shall haue a Quare Impedit because hee is remitted to the Mannor and hath not any remedie otherwise to come to the Advowson But vpon the other part if tenant in tayle bee seisie of a Mannor to which an Advowson is appendant and discontinueth the same and afterward the Church becomes voyde and the tenant in tayle presenteth to the Church by vsurpation it seemeth by the better opinion of the 5. H. 7. 36. 38. that hee is not remitted to the Advowson for that that his ancient right therevnto was as to an Advowson appendant but now it is in grosse But if the tenant in tayle had aliened the same to an Estranger in fee and after dyeth notwithstanding that hee take the rents and services that afterward discendeth to the Issue yet is the issue therevnto remitted because such rents and services are parcell of the Mannor and not appendant And so it was likewise before the said Statute of 3a H. 8. if a man bee seisie of a Mannor which is an Advowson appendant in right of his wife and discontinueth the same Mannor and after the Church becomes void and he presenteth to the Church by vsurpation and dyeth hauing issue by the wife and the wife also dyeth the issue in this case is not remitted to the Advowson for the reasons before shewed hereof it en●ueth likewise as before partly hath appeared that in all cases where there is a Mannor to which an Advowson is appendant and the Mannor with the Advowson is aliened with wrongfull conueyance and the entrye of him that hath right is not taken away there may hee present to the Church without recontinuance of the Mannor to which the Advowson is appendant and therefore if a man make a lease for life of a Mannor to which an Advowson is appendant if the lessee for life make a Feofment in fee of the

preiudice the inheritance of him that hath the nomination but he shall nominate to the Chancellor still who in the name of the King shall present to the Ordinarie And if the King present without any such nomination the nominator shall bring his Quare Impedit against the Incumbent onely because the King cannot be tearmed as a Vsurper LECT 13. The things incident to Presentation prosecuted who may present what Parsons may bee presented to whom the Presentation must be made and the manner thereof BEfore hath beene shewed what a Presentation is and what is the effect and fruit of the Patronage and finally in what case the Presentation and Nomination differeth At this time it resteth how to prosecute the things incident to Presentation and to make show who may present what parsons may bee presented to whom the Presentation must bee made and in what manner But because no presentation can bee made vnlesse to a Church or Dignity something shall bee showed when they shall bee voyde and vpon what occasion An avoydance is in two sorts actuall in Deed destitute in Law which is an avoydance de Facto and auoydance de Iure Actuall is when the Church is actuall in deed destitute of his Incumbent in Law when the Church being full of an Incumbent is notwithstanding frustrate of his right and lawfull Incumbent by reason of incapacitie or crime in the parson of him that occupieth in steed of the rightfull and lawfull Incumbent and therefore amongst the Canonists Ecclesia Dr. viduam tuam sponsumque habet invtilem there is therefore a great difference betweene voydance in Law and voydance in deed the first of which two the Espirituall Court hath to determine and therefore the supreame head may so dispense there that such anoydance in Law shall neuer come to be auoydance in deed and of auoydance in Law no title acreweth to the Patron vnlesse something bee therevpon accomplished by the Espirituall Court as a declaratorie sentence or such like but vpon avoydance in deed presentment acreweth to the Patron yet in such and the like cases Distinguendum est for if the dignitie bee temporall as a Master of an Hospitall or such like and that there be found defect in him by visitors it is an actuall avoydance and the Patron may vpon this make a new collation without solemne sentence of depriuation but if the dignity bee Espirituall it is requisite vpon such defect that sentence of Depriuation bee giuen before auoydance can bee and that such sentence be notified to the Patron otherwise Laps shall not incurre against him Auoidance and Plenartie are primati●a contraria which if they come to bee tryable by issue betweene the parties they are tryed by two distinct Lawes Plenartie which is if the Church be full of an Incumbent or not shall bee tryed by the Common Law which is by the certificate of the Ordinarie but Avoydance which is if the Church bee voyde or not shall bee tryed by the Country impanuelled in a Iury notwithstanding if the issue bee vpon any speciall sort or manner of avoydance the same shall be taxed by the certificate of the Byshop so that such speciall cause shall be Spirituall The efficient causes of avoydance are eyther temporall as Death or spirituall as Deptiuation resignation creation session and entrie into Religion whereof more shall bee said afterward LECT 14. The two first particuler causes of Avoydance of Churches viz. Is eyther Temporall as Death or Spirituall as Depriuation the one of it selfe being manifest and the other a discharge of the Dignitie or Ministerie IN the last Lecture or reading before was shewed something of auoydances of Churches in generall now it remaines to pursue the perticular meanes that is to say Death Deprination Resignation Creation or Cession and entrie into Religion of euery of which we will speake something as the cause requireth 1 And first of all concerning Death Quae omnia solui● the matter of it selfe is manifest and needeth no further declaration 2 As concerning Depriuation it is a discharge of the Incumbent of his Dignitie or Ministerie vpon sufficient cause against him conceived and prooved for by this hee looseth the name of his first dignitie and herein two manner of wayes eyther by a particuler sentence in the Spirituall Court or by a generall sentence by some positiue or Statute Law of this Realme 1 Deprivation is in the Spirituall Court for that that it is grounded vpon some defect in the partie deprived although it bee by act of Law yet it is deemed as the act of the partie himselfe The causes of Depriuation by Censure in the Spirituall Court are to be referred to the Common Law therefore let vs remember such of them vpon which questions haue beene mooved in the Bookes of our Law all which causes mentioned seuerally may bee reduced to three principle points first want of Capacity secondly Contempt thirdly Crime As concerning the first although by the Common Law a Lay person bee presented and Instituted and Inducted to an especiall Benefice which Curate is altogether vncapable of the same yet the Church is not therefore to bee said voyde as if no presentation had beene but it is still full of an Incumbent de Facto licet non de Iure vntill by sentence Declaratorie for his want of Capacity the Church be adiudged voyde and vpon this no Laps shall incurre against the Lay Patron without notice of such incapacity sentence of deprivation therevpon to him giuen King H. 4. presented one that was incapable of his presentation and the Presentee was thereby admitted instituted inducted and afterward the Pope enabled the presentee by his Bill yet the King had a scire fac and thereby recovered his presentation againe because the Incumbent was not capable whē he was presented If the Patron present one that is meerely a Lay man within the age of 25. he vpon this be Admitted Instituted and Inducted and afterward a Qua. Imp. be brought against the Patron and the same Incumbent whereof Iudgment is given by the default of the Incumbent where indeed the Incumbent was neuer at any time duely sommoned according to the Law by reason of which Iudgment the same Incumbent is removed if vpon this afterward the said Incumbent by sentence declaratory be deprived in the Spirituall Court for want of Capacity in suite there for the cause of his incapacity exhibited against him such sentence is good availeable in the Common Law although the said Incumbent were before removed from his Beneside by the Iudgement giuen against him in the Qu. Imp. for though such declaratory sentence giuen against him by the Spirituall Law cannot remoue him that is removed already yet it shall make this Incumbent answerable to the next Incumbent for all the meane profits received by him that was the first Incumbent from the time of his Induction Yet if the first Incumbent so depriued will afterward bring a writ of deceipt vpon the