if the Patient remove by advice of his Physitian bona fide for better Air and for the recovery of his health Co. Rep. 6 Lib. f. 21. b. Martin's Case M. 10 Jac. B. R. Boulstr Rep. 2 part f. 18. Who excusable for non residence by the Canon I shall now set down what is required by the Canons in force concerning Dispensations and non residence and first it is said no Licence or Dispensation for the keeping of more Benefices with cure than one shall be granted to any but such only as shall be thought very well worthy for his learning and very well able and sufficient to discharge his duty that is who shall have taken the degree of Master of Arts at the least in one of the Universities of this Realm and be publick and sufficent Preacher Licensed provided alwaies that he be by a good and sufficient caution bound to make his personal residence in each of his said Benefices for some reasonable time in every Year and that the said Benefices be not more than thirty miles distance asunder and lastly that he have under him in the Benefice where he doth not reside a preacher Lawfully allowed that is able sufficiently to teach and instruct the People Can. 41. Every Dean Master or Warden or Chief Governour of any Cathedral or Deans c. to keep residence Collegiate Church shall be resident in his said Cathedral or Collegiate Church fourscore an ten days conjunctim or divisim in every Year at the least and then shall continue there in Preaching the Word of God and keeping good Hospitality except he shall be otherwise let with weighty and urgent causes to be approved by the Bishop of the Diocess or in any other Lawfull sort dispensed with and when he is present he with the rest of the Canons or Prebendaries resident shall take special care that the Statutes and laudable customs of their Church not being contrary to the Word of God or Prerogative Royal the Statutes of this Realm being in force concerning Ecclesiastical Order and all other Constitutions now set forth and confirmed by his Majestie 's Authority and such as shall be enjoyned by the Bishop of the Diocess in his visitation according to the Statutes and customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed and that the petty Canons Vicars Coral and other Ministers of their Church be urged to study the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin Can. 42. No Prebendaries nor Canons in Cathedral or Collegiate Churches having Residence required in Prebendaries c. one or more Benefices with cure and not being residentiary in the same Cathedral or Collegiate Churches shall under colour of their said Prebends absent themselves from their Benefices with cure above the space of one Month in the Year unless it be for some urgent cause and certain time to be allowed by the Bishop of the Diocess And such of the said Canons and Prebendaries as by the Ordinances of the said Cathedral and Collegiate Churches doe stand bound to be resident in the same shall so among themselves sort and proportion the times of the Year concerning residence to be kept in the said Churches as that some of them alwaies shall be personally resident there And that all those who be or shall be residentiaries in any Cathedral or Collegiate Church shall after the dayes of their Residence appointed by their Local Statutes or Customs expired presently repair to their Benefices or some one of them or to some other Charge where the Law requireth their presence there to discharge their duties according to the Law in that Case provided And the Bishop of the Diocess shall see the same be duly performed and put in Execution Can. 44. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same Symony INtending in this Chapter to Treat of the detestable sin of Simony as the Canon calls it I shall first give you the derivation of the word as the Lord Cook defines it then shew you what the Canon saith concerning it and how the Parliament of England in the 31 of Queen Elizabeth hath taken care to prevent it and lastly the Book Cases upon it The Derivation of the word Simonia est vox Ecclesiastica à Simone illo Mago deducta qui donum Spiritus Sancti pecuniis emi putavit but this derivation of the word is thought by some to be most properly applicable to such as corruptly give Monies to get into Orders and not to such as give Monies to be Presented to a Living vide C. Inst 3. part f. 153. The Oath against it To avoid the detestable sin of Simony because buying and selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Livings is execrable before God therefore the Archbishop and all and every Bishop or Bishops or any other Person or Persons having Authority to Admit Institute Collate Install or to Confirm the Election of any Arch-bishop Bishop or other Person or Persons to any Spiritual or Ecclesiastical Function Dignity Promotion Title Office Jurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical Living whatsoever shall before every such Admission Institution Collation Installation or Confirmation of Election Respectively Minister to every Person hereafter to be Admitted c. the Oath in manner and form following the same to be taken by every one whom it concerneth in his own Person and not by Procter I N. N. do Swear that I have made no Simoniacal Payment Contract or Promise directly or indirectly by my self or by any other to my knowledge or with my Consent to any Person or Persons whatsoever for or concerning the procuring and obtaining of this Ecclesiastical Dignity Place Preferment Office or Living respectively and particularly naming the same whereunto he is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perform or satisfie any such kind of Payment Contract or Promise made by any other without my knowledge or consent so help me God through Jesus Christ Can. 40. The Penalty of Symoniacal Contraâ—is By the 31. Eliz. it is Enacted That if any Person or Persons Bodies Politick and Corporate shall or do for any Sum of Money Reward Gift Profit or Benefit directly or indirectly or for or by reason of any Promise Agreement Grant Bond Covenant or other Assurance of or for any Sum of Money Reward Gift Profit or Benefit whatsoever directly or indirectly Present or Collate any Person to any Benefice with Cure of Souls Dignity Prebend or Living Ecclesiastical or give or bestow the same for or in respect of any such corrupt cause or consideration That then every such Presentation Collation Gift and Bestowing and every Admission Institution
if a Spiritual Person without Fraud or Covin do buy any Horses Mares or Mules for himself or Servants to ride about their necessary business or any other Cattel or Goods to be imployed and put in and about his necessary apparel of his own House or of his Person or Servants or in for or about the occupying manuring or tillage of his Glebe or Demesn Lands annexed to his Church or for the expenses of his Household keeping and after such buying they prove not for the purposes they were bought for then such Spiritual Person may Lawfully bargain and put away the same And it is further provided that every Spiritual Person not having sufficient Glebe or Demesn Lands in their own Hands in right of their Churches for Pasturage of Cattel or for increase of Corn for expences of their Households or for their Carriages or Journies may Farm other Lands and buy and sell Corn and Cattel for the only manuring tillage and pasturage of such Farms so that the increase thereof be alway imployed and put to and for the only expences in their Households and Hospitalities and not in any wise to buy and sell again for any other Commodity Lucre or Advantage any Corn or Cattel renewing coming or growing in and upon any such Farm or otherwise but only the Remainer and Overplus above their expences of their Household if any such shall happen to be bread and increase thereof without Fraud and Covin 21 H. 8. cap. 13. And it is further enacted that no The Penalty for kâ—â—â—iâ—g Tâ—â—â—â—â—use or Brew-house Spiritual Person Beneficed with cure of Souls shall occupy by himself or any to his use any Parsonage or Vicarage in Farm of the Lease or Grant of any Person or Persons nor take any Profit or Rent out of any such Farm upon pein to forfeit forty shillings a Week and ten times the value of the Rent or Profit he shall take out of such Farm And it is further enacted that no Spiritual Person of what degree or condition soever he be shall have use or keep by himself or any to his use any manner of Tan-house or Tanhouses Brew-house or Brew-houses to any other use intent or purpose then only to be spent and occupied in his or their own Houses upon pein to forfeit ten pounds a Month one Moiety to the King and the other to the Informer to be sued for as aforesaid 21 H. 8. cap. 13. They may Farm Houses c. But note it is provided by the said Statute that it may be Lawfull to every Spiritual Person or Persons to take in Farm any Messes Mansions or dwelling Houses having but only Orchards or Gardens in any City Borough and Town for their own habitation and dwelling so that no Person Spiritual other then such as are Licenced and allowed by Law have any Liberty of non residence by colour of the said Proviso 21 H. 8. cap. 13. An Information was exhibited against two Parsons upon the Statute 21 H. 8. against one of them for non residence and against the other for taking of a Farm and one of them pleaded sickness and that by advice of his Physicians he removed into better Air for recovery of his health and the other pleaded that he took the Farm only for the maintenance of his House and Family and these Pleas were held justifiable by the whole Court M. 10 Jac. I. S. Plaintiff against Martin and Gunnistone Boulstr Rep. 2 part f. 18. Priests c. punishable for incontinence In the 1 H. 7. I find a Statute in the Printed Books of Statutes put forth by Rastal Poulton and Keeble and not any where repealed that I can find so I suppose it is still in force and power by which Statute it is enacted that it shall be Lawfull to all Archbishops and Bishops and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious Men being within the bounds of their Jurisdiction as shall be convicted afore them by Examination and other Lawfull proof requisite by the Law of the Church of Advowtry Fornication Incest or any other fleshly incontinence by committing them to Ward and Prison there to abide for such time as shall be thought by their discretions convenient for the quality and quantity of their Trespass and none of the said Archbishops Bishops or other Ordinaries aforesaid shall be thereof chargeable to or upon any Action of false or wrongfull Imprisonment but that they be utterly thereof discharged in any of the Cases aforesaid by virtâ—â— of the said Act 1 H. 7. cap. 4. All Citations c. to be in the King 's Namâ— In the 1 E. 6. cap. 2. it is said that whereas the Archbishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Process in their own Names and in such Form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms that all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either forreign or within the Realm but by the Authority of his most excellent Majesty it is therefore enacted that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of Instance betwixt party and party and all Causes of Correction and all Causes of Bastardy oâ— Bigamy or Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all acquittances of and upon accounts made by the Executors Administrators or Collectors of Goods of any Dead Person be from the first Day of July then next following made in the Name and with the Stile of the King as it is in Writs Original or Judicial at the Common Law and that the Test thereof be in the Name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and Grant of the Authority Ecclesiastical immediately from the King's Highness and his Commissary Official or Substitute exerciseing Jurisdiction under him shall put his Name in the Citation or Process after the Test â—1 E. 6. câ—p 2. The King'â— Arms c. to be put in the Seals of Office c. And it is further enacted that all manner of Person or Persons who have the Exercise of Ecclesiastical Jurisdiction shall have expressed in their Seals of Office the King's Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocese and shall use no other Seal of Jurisdiction but wherein his Majestie 's Arms be Ingraven upon pein that if any Person shall use Ecclesiastical
Jurisdiction Powers Superiorities and Authorities And do Promise that from henceforth I shall bear Faith and true Allegiance to the King's Highness his Heirs and Lawfull Successors And to my Power shall Assist and Defend all Jurisdiction Privileges Preeminences and Authorities granted or belonging to the King's Highness his Heirs and Successors or United and Annexed to the Imperial Crown of this Realm So help me God and the Contents of this Book 1. Eliz. cap. 1. The Penalty for refusing the Oath If any Person or Persons who shall be Promoted Preferred or Collated to any Spiritual Promotion or Ecclesiastical Benefice do Peremtorily refuse to take this Oath upon tender thereof then he or they so refusing shall presently be adjudged disabled in the Law to receive take or have the same Promotion Spiritual or Ecclesiastical to all Intents Constructions and Purposes 1 Eliz. cap. 1. and by the 5 Eliz. cap. 1. Refusal of the Oath upon the first tender being Indicted or Presented according to the Laws of the Realm within one Year after such refusal incurs the danger of a Premunire and if after the space of three Months after the first tender it be refused a second time upon tender such second refusal is High Treason and this second tender Principally concerns Ecclesiastical Persons 5 Eliz. cap. 1. The Penalty for extolling any foreign Power If any Person or Persons dwelling within this Kingdom or any other the King's Dominions shall by Writing Printing Teaching Preaching express words deed or act advisedly maliciously and directly affirm hold stand with set forth maintain or defend the Authority or Spiritual or Ecclesiastical Jurisdiction of any foreign Prelate or Person c. heretofore claimed or usurped within this Realm or other the King's Dominions or shall advisedly put in Ure or Execute any thing for the extolling c. any such pretended Power or Authority And being thereof Lawfully Convicted and Attainted for the first Offence forfeits all his Goods and Chattels real and Personal and if he be not worth twenty Pounds then to suffer a Years Imprisonment without Bail besides the forfeiture of such Goods and Chattels and shall also loose all his Spiritual Promotions and Dignities whatsoever and that the same shall be utterly void as if the Incumbent were Dead and the Patron c. may present de novo The second Offence Incurs the danger of a Premunire and the third Offence is High-Treason the Offences for Preaching Teaching or Words to be Indicted within the space of a Year next after such Offence committed and if any be Imprisoned for any of the said Offences of Preaching Teaching or Words and be not Indicted within half a Year after such Offence committed then to be set at Liberty two Witnesses or more to prove such Indictment and to be brought Face to Face upon the parties arraignment to give Evidence 1 Eliz. cap. 1. And if any Person or Persons shall The Penalty for defending the Authority of the Bishop of Rome by Writing Cyphering Printing Preaching or Teaching Deed or Act advisedly and willingly set forth c. or defend the Authority of the Bishop of Rome or of his See or any Bishop thereof heretofore claimed within this Kingdom or any other of his Majestie 's Dominions such Person or Persons so offending and their Abetters being Lawfully Indicted and presented for the same within One Year after and attainted at any time after shall for such First Offence incur the danger of a Premunire and for the Second Offence suffer such like Pains Forfeitures Judgments and Executions as for High Treason Corruption of Blood and Forfeiture of Dower excepted 5 Eliz. cap. 1. Note That in Hillary Term the 11 What shall be said an Offence within the 5 Eliz. Eliz. it was Resolved by the Justices of both Benches at Serjeants Inn in Fleet-street the Chief Baron being also present That if a Man imports Books over Sea written against the Supreamacy knowing the effect of them and utters them to any Subjects here he is within the compass of the stat 5 Eliz. cap. 1. but the Receivers of such Books if they in Conference of them do not allow them they are not within the said Statute but if they in Conference they do allow them then they are also within the Statute and so are they who hear the Contents and affirm them to be good The like of him who conveys the Books secretly to his Friends and perswades them to be of the same Opinion And so of them who Print and utter such Books within this Realm Also if such Books written within the Realm are conveyed out and are there bought read and Conference had upon them such Persons sending them out are within the Compass of the Statute Dyer f. 281. b. and 282 a. Ecclesiatstical Persons to take the Oath of Allegiance By the stat 7 Jac. cap. 6. every Archbishop and Bishop are to take the Oath of Allegiance set down in the 3 Jac. cap. 4. before the Lord Chancellor or Lord Keeper of the Great Seal for the time being and all Parsons Vicars and Curats and all other Spiritual Persons whatsoever taking Orders are to take the same Oath before the Bishop of the Diocess or other Ordinary in the same sitting in open Court the Tenure of which Oath followeth in these words viz. I. A. B. ' do truly and sincerely Acknowledge Consess Testifie and Declare in my Conscience before God and the World That our Sovereign Lord King Charles the Second is Lawfull and Rightfull King of this Realm and of all other his Majestie 's Dominions and Countries And that the Pope neither of himself nor by any Authority of the Church or See of Rome or by any other means with any other hath any power or Authority to depose the King or to depose any of his Majestie 's Kingdoms or Dominions or to Authorise any Foreign Prince to invade or anoy him or his Countries or to discharge any of his Subjects of their Allegiance and Obedience to his Majesty or to give Licence or leave to any of them to bear Arms raise Tumult or to offer any violence or hurt to his Majestie 's Royal Person State or Government or to any of his Majestie 's Subjects within his Majestie 's Dominions Also I do swear from my Heart that notwithstanding any Declaration or Sentence of Excommunicationâ— or Deprivation made or granted or to be made or granted by the Pope or his Successors or by any Authority derived or pretended to be derived from him or his See against the said King his Heirs or Successors or any Absolution of the said Subjects from their Obedience I will bear Faith and true Allegiance to his Majesty his Heirs and Successors and him and them will defend to the uttermost of my power against all Conspiracies and Attempts whatsoever which shall be made against his or their Persons their Crown and Dignity by reason or colour of any such Sentence or Declaration or otherwise
one be taken away by the Parson or any other the Heir or Executors of the party buried shall sue for them 9 E. 4. 14. a. Lady Wyche Case vide 10 H. 4. 9. 21 H. 7. 21. 11 H. 4. 12. 27 H. 3. Prohibition 26. 31 H. 4 12. F. N. B. 9 R. and see Co. Inst 3 part f. 202. M. 10 Jac. C. B. Corven and Pym's Case A Bell hung in the Steeple or Pew set in the Church cannot be removed by the party If a Man buy a Bell and hang it up in the Church Steeple or make a Pew and set it up in the Church though he makes neither words nor writing thereof yet by this the Bell and Pew are so dedicated to the Church that the party that did owe them can never have them again for if they should come to remove them the Church-Wardens might sue them for it 8 H. 7. 12. 10 H. 4. 9. vide Ritchin p. 277. a. Church-Wardens to sue for Organs taken away If the Organs be taken out of the Church the Church-Wardens may have an action of Trespass for the same for the Organs belong to the Parishioners and not to the Parson and therefore the Parson cannot sue such party in the Ecclesiastical Court that took them Tr. 21 Jac. B. R. per curiam Roll's Cases 1 part f. 393. Trees in the Church-Yard belong to the Parson All Trees growing in Church-yards belong to the Ministers but they are not to presume to cut them or fell them down unadvisedly but when the Chancell of the Church doth want necessary Reparations and they are not to be converted to any other use except the Body of the Church doth need like repair and my Lord Cook saith meliorem conditionem Ecclesiae facere potest praelatus deteriorem nequaquam vide stat ne rectores prosternant arbores in Coemiterio 35 E. 1. Co. Rep. 11. Lib. f. 49. b. vide M. 13 Jac. B. R. Bellamie's Case Roll's Rep. 1 part f. 255. pl. 23. No Fairs or Markets to be kept in Church-yards By the Statute of Winchester it is provided that neither Fairs nor Markets be kept in Church-yards for the Honour of the Church stat Winchester made at Westminster 13 E. 1. and he that doth keep any Fair or Market there may be fined for it Lamb. 419. By whom Churches are to be repaired And note that the Body of the Church is to be repaired at the charge of the owners of Houses and Lands in the Parish for that it is the place where Divine Service is Celebrated and the Bodies of the Parishioners of the best sort and quality are buried in respect whereof the Law doth allow the Ecclesiastical Court to have Conusance thereof and for the providing decent Ornaments for the Celebration of Divine Service they are also to repair such publick Chapels as are annexed to the Church but not the private Chapel of any though annexed to the Church for that must be repaired by him that hath the proper use of it for qui sentit commodum sentire debet onus circumspecte agatis 13 E. 1. Co. Inst 2 part f. 489. F. N. B. 50. N. Regist f. 44. b. Brit. f. 11. vide M. 31 32 Eliz. B. R. Jeffery and Rensly and Foster's Case Co. Rep. 5. Lib. f. 66. and P. 41 Eliz. B. R. Paget and Crumpton's Case Cro. Eliz. f. 659. pl. 5. By whom the Church-yard is to be inclâ—sed The Parishioners are also to repair the Inclosure of the Church-yard because the Bodies of the common sort are buried there and for the preservation of the Burials of those that were or should have been whilst they lived the Temples of the Holy Ghost and Coemeterium is derived of the Greek word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Dormio and therefore Coemeterium est quasi Dormitorium quia mortui Dormire dicuntur usque ad Resurrectionem And also if the Church-yard be not decently Inclosed the Church which is Domus Dei cannot decently be kept and therefore this the Parishioners ought to do per consuetudinem notoriam approbatam and the Conusance thereof is allowed by the 13 E. 1 stat circumspecte agatis Co. Inst 2 part f. 489. Regist 44. b. Brit. f. 11. vide Jeffery and Rensly and Foster's Case M. 31 32 Eliz. B. R. Co. Rep. 5 Lib. f. 66. and P. 41 Eliz. B. R. Paget's Case there cited f. 67. b. What things are to be provided by the Church-Wards The Church-Wardens or Questmen of every Parish are at the Parish charge to provide the great Bible for every Church and Chapel with the Book of Common-Prayer and Books of Homilies a Font of stone for publick Christning with a decent Communion Table which is to be covered in time of Divine Service with a Carpet of Silk or other decent stuff and with a fair Linnen Cloth at the time of the Communion and the ten Commandemens to be set upon the East end of the Church or Chapel where the People may best see and reade them and other chosen sentences to be written upon the Walls of the said Churches and Chapels and a decent Pulpit is also to be set in a convenient place therein with a Chest for Alms having a hole in the upper part thereof and three Kayes one to remain with the Parson Vicar or Curate and the other two with the Church-Wardens they are also to take care that the Church Windows from time to time be well Glased and that the Floors be kept paved plain and even without dust or any noysome or unseemly thing and to take care that the Church-yard be sufficiently repaired and fenced with Walls Rails or Pales according to the Custom at their charges who by Law ought to repair the same and they are also to see that the peace be well kept at every meeting of the Congregation and that Persons Excommunicated and so denounced be kept out of the Church and they are not to suffer any Plays Feasts Banquets Suppers Church-Ales Drinkings Temporal Courts or Leets Lay-Juries Musters or any other prophane usage to be kept in the Church Chapel or Church-yard nor the Bells to be rung superstitiously on Holy-days or Eves abrogated by the Book of Common-Prayer and all those who have Authority to hold Ecclesiastical Visitations shall either in Person or by Substitute survey the Churches of their Jurisdiction once every three Years to see if all things be in good repair Can. 80 81 82 83 84 85 86 88. If any Person whatsoever shall by words only Quarrel Chide or Brawl The punishment for quarrelling or fighting in Church or Church-yard in any Church or Church-yard the Ordinary upon Proof of two Lawfull Witnesses if he be a Lay-man may suspend him ab ingressu Ecclesiae and if a Clergy Man from the Ministration of his Office for so long time as the Ordinary thinks meet according to the fault And if any Person or Persons whatsoever shall
Rule they go by in the First Fruits Office was made after the Popes Authority was denyed here in England vide Co. Inst 3. part f. 154. CHAP. VIII Of the First Fruits Tenths Dilapidations and Mortuaries Court of the First Fruits dissolved OBserve that in the time of H. 8. when the First Fruits were annexed to the Crown there was a Court of First Fruits and Tenths instituted and appointed by the 32 H. 8. cap. 45. consisting of a Chancellor Treasurer King's Attorney two Auditors and two Clerks a Messinger and an Usher with Authority given to Compound for First Fruits and that Bonds taken therefore should be of the force of a Statute Staple but this Court was Dissolved by Queen Mary 1. Mar. 2. Sess cap. 10. and all the Clergy Exonerated and Discharged from the payment of First Fruits and Tenths given to the Crown by the 26 H. 8. cap. 3. and this was Enacted by 2. 3. p. M. cap. 4. First Fruits Restâ—â—ed to the Crown But afterwards the Stat. 26 H. 8. cap. 3. was revived and First Fruits and Tenths of the Clergy Reunited to the Crown by 1 Eliz. cap. 4. but no Court is revived but First Fruits and Tenths to be within the Rule Survey and Government of the Exchequer and a new Office and Officer was Created viz. a Remembrancer of the First Fruits and Tenths of the Clergy who taketh all Compositions for the First Fruits and Tenths and makes process against such as pay not the same and note that the First Fruits are the profits for one whole year of every Spiritual Living after Avoidance except Vicarages not exceeding Ten pounds and Parsonages not exceeding Ten Marks in the King's Books according to the Taxation made in the 26 H. 8. and now remaining in the Exchequer but all are to pay Tenths 1 Eliz. cap. 4. Co. Inst 4. part f. 120. First Fâ—â—iâ—s given to â—â—e King By the Stat. 26 H. 8. it is Enacted that the King's Highness His Heirs â—nd Successors Kings of England shall have and enjoy from time to time to endure for ever of every such Person and Persons as shall be Nominated Elected Preferred Presented Collated or by any other means appointed to have any Arch-bishoprick Bishoprick College Hospital Arch deaconry Deanry Provost-ship Prebend Parsonage Vicarage or other Dignity Benefice Office or Promotion Spiritual within this Realm or elsewhere within any of the King's Dominions of what Name Nature or Quality soever they be or to whose Foundation Patronage or Gift soever they belong the First Fruits Revenues and Profits for one year of every such Arch-bishoprick Bishoprick c. And that every such Person and Persons before any Actual or Real possession or medling with the Profits thereof shall satisfie content and pay or compound or agree to pay to the King's use at reasonable dayes upon good Suerties the said First Fruits and Profits for one year and all Writings Obligatory taken or the payment of the same by any Person deputed to Compound for the First Fruits shall be of the same strength quality and force to all Iâ—â—â—nts as Writings Obligatory made by any Lay Person by Authority of the Sâ—atute Staple And if any Person or Persons 〈…〉 said do enter into the â—eaâ— and 〈…〉 of any of the 〈…〉 aforesaid 〈…〉 thereof 〈…〉 he First Fruits or compounded and given Suerties as aforesaid to pay the same Then every such Person so offending and being Convicted by Presentment Verdict Confession or Witnesses before such as have Authority to Compound the same shall be taken as an Intruder upon the King's Possession and they their Heirs Executors or Administrators shall pay double the value of the said First Fruits and Profits of such Dignity c. wherein they shall so enter before Payment or Agreement for the same but Arch-bishops and Bishops and all other having Ordinary Jurisdiction may give and deliver Letters of Institution and Induction as they might do before the making of the said Act notwithstanding the same 26 H. 8. cap. 3. Tenths given to the King And it is also further Enacted by the said Statute that there shall be paid yearly for ever to the King His Heirs and Successors one yearly Rent or Pension amounting to the value of the Tenth part of the Profits of all and every Benefice or Promotion Spiritual c. as abovesaid according to the Taxation in the King's Exchequer aforesaid to be paid yearly befoâ—◠〈◊〉 first day of April and every Arch-bishop and Bishop within their proper Diocess as well within places exempt as not exempt and in time of Vacation the Dean and Chapter of the Cathedral Church shall Collect and Receive the same and pay in the said Sums yearly before the last day of May 7 E. 6. cap. 4. to such Persons as have Authority to receive the same And every of the said Arch-bishops and Bishops their Executors and Administrators and Possessions of their Dignities and Churches shall stand Charged and Chargable for the same Sums of Money which they shall Collect and Receive of the said yearly Rent or Pension and the Bishop of Norwich and his Successors and in the time of Vacation the Dean and Chapter of the Cathedral Church of Norwich are to gather the same within that Diocess by the Statute 32 H. 8. cap. 47. and the Rents and Pensions reserved by H. 8. out of the Five new Bishopricks Established by him to wit Chester Glocester Peterborough Bristol and Oxford which by the 34 and 35 H. 8. c. 17. were to be paid into the Court of First Fruits and Tenths are made payable by the 1 Eliz. to the same Persons who receive the First Fruits and Tenths of the other Clergy 1 Eliz. c. 4. Process to be made out for non-payment of Tenths And by the 26 H. 8. cap. 3. It is further Enacted That the Treasurer Chancellor and Barons of the King's Exchequer shall yearly cause Process to be made by their Discretions for Non payment of the Tenths or any part thereof against every Arch-bishop and Bishop of this Realm for so much as the Dignities Benefices c. within their several Diocesses are Taxed and Charged at every of the said Arch-bishops and Bishops to be Charged only for so much as is within his own Diocess And the Arch-bishops and Bishops have Power and Authority by the said Act to levy take and perceive by Authority of Censures of the Church or by Distress or otherwise by their Discretion all such Sums of Money as are Rated for the said Tenths upon the Lands Tenements Profits c. of all such Spiritual Promotions as aforesaid within their Diocess And no Replevin Prohibition nor Supersedeas upon any Excommunication nor any other Writ or Impediment shall be Sued Allowed or Obeyed for any Person or Persons making default of payment of such part and portion as they shall be Rated at till such time as they have truly satisfied their said Part and Portion And in Case where
few things relating to the Convocation and lastly the King's Majesties Letters and Directions in the fourteenth Year of his Reign to the Archbishop of Canterbury concerning the Clergy pa. 15. CHAP. III. The Articles of Religion which every Minister is to subscribe unto both at his Ordination and at his Admission and Institution to a Living agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562. put forth by Authority for avoiding Diversities of Opinions and for the establishing of consent touching true Religion pa. 111. CHAP. IV. Several Cases touching the Privileges of Ministers and Churches and Church-yards pa. 99. CHAP. V. Some things necessary for Clergy-men to know concerning Presentations Nomination Deprivation Resignation c. and of avoidance of Spiritual Livings by Death Creation Cession Lapses c. pa. 118. CHAP. VI. Of Pluralities Dispensations and non residence pa. 159. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same pa. 201. CHAP. VIII Of first Fruits Tenths Dilapidations and Mortuaries pa. 228. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons pa. 260. CHAP. X. How Clergy-Men are incapacitated to take Farms or follow Secular Affairs and how they are punishable for Incontinency by their Superiors and by whose power and Authority Courts Ecclesiastical are to be kept and in whose Name and Stile their Ecclesiastical Process are to be and with what Seal to be sealed pa. 301. ADVERTISEMENT CHoice Presidents upon all Acts of Parliament Relating to the Office and Duty of a Justice of Peace With necessary Notes and Instructions thereupon taken out of the said Acts of Parliament and other particular Cases in Law adjudg'd therein As also a more usefull Method of making up Court Rolls then hath been known or hitherto published in Print By Rich. Kilburne Esq late one of his Majestie 's Justices of the Peace for the County of Kent and Principal of Staple-Inn The Second Edition with many usefull Additions made publick by G. F. of Grayes-Inn Esq Newly Reprinted for R. Tonson 1681. THE PARSON'S MONITOR CHAP. I. What Qualifications are required by Scripture and Law in such Persons as intend to enter into the Ministery and also a word or two concerning Ordination and what the Canon requires as to the Apparel and behaviour of Clergy Men. What Qualifications are required in Ministers by Scrâ—pture SAINT Paul in his first Epistle to Tymothy saith That Deacons must be grave not double-tongued not given to much wine not greedy of filthy lucre holding the mysterie of the Faith in a pure Conscience and let these also saith the Apostle first be proved then let them use the Office of a Deacon being found blameless and he saith further they must be the Husbands of one Wife ruling their Children and own Houses well 1 Tim. Chap. 3. ver 8 9 10 and 12. What Qualifications the Law requires in them Thus far speaks S. Paul now observe that the Law requires that every one that intends to be a Parson must Regularly be of free Condition and not Criminous Out-law'd nor Excommunicate nor a Jew Miscâ—eant Infidel Schismatick or Heretick He must also be Conformable to the Government and Doctrine of the Church of England and by the Statute of the 13 Eliz. he must be 24 years of age 13 Eliz. cap. 12. vide 5 H. 7. 20. a. 14 H. 7. 28 b. Co. Rep. 5. lib. 58. a. Degs Parson's Counsellor cap. 1. The difference between Malum in se and Mala Neither is one capable of being a Parson Vicar c. If he be guilty of Murther Manslaughter Perjury Foriury or other foul crime That is Malum in se and in this case it matters not whether the party be Convict of this crime or no so that the Ordinary have certain knowledge thereof but for a Man to be guilty of haunting of Ale-houses or a player at unlawfull games which are only Mala Prohibita and not Mala in se it is no Impediment to his heiâ—â—â— Parson Vicar c. Co. Rep. 5. lib. f. 58. 〈◊〉 38. E. 3. f. 2. b. Dyeâ—s Rep. French f. 293. b. and 254. b. and vide Rolls Cases 2. parte fo 355. z. 1. 4. 5. 6. 8. Every Minister ought to be learned in the Language the People speak and understand Every Parson Vicar c. must also be competently well learned and skilled in the Language the People speak and understand where he is to be Parson Vicar c. otherwise the Bishop may refuse him as it was resolved in the Case of one Albany in a Quare Impedit against the Bishop of S. Asaph where the Bishop pleaded that the service of the Church to which the Presentee was presented was in the Welsh Tongue and that the Parishoners understood not the English and that the Presentee could not speak Welsh and therefore he refused him And all the Justices held this to be a good Cause of refusal for if he understand not them nor they him he cannot instruct his sâ—ock according to his duty and charge m. 30. and 31 Eliz. B. R. Albany and the Bishop of S. Asaph's Case Cro. Eliz f. 119. pl. 5. Deg. cap. 1. Ordination to be but four times in the Year Note that Ordination is to be but four times in the Year that is to sayâ— the Sunday immediately following the four Ember weeks and no Man is to be made Deacon and Minister together upon one Day Can. 31. and 32. The penalty of obtaining Orders corruptly And by the 13 of Eliz. it is enacted that if any Person or Persons whatsoever shall or do at any time receive or take any Money Fee Reward or any other profit directly or indirectly or shall take any Promise Agreement Covenant Bond or other assurance to receive any Money Fee Reward or any other profit directly or indirectly either to him or themselves or to any other of their or any of their Friends all Ordinary and Lawfull Fees only excepted for or to procure the Ordaining or making of any Minister or Ministers or giving of Orders or Licence or Licences to Preach that every Person and Persons so offending shall for every such offence forfeit forty Pounds and the party so corruptly Ordained or made Minister or taking Orders shall forfeit ten Pounds And if at any time within seven Years next after such corrupt entring into the Ministery or receiving Orders he shall accept or take any Benefice Living or Promotion Ecclesiastical that immediately from and after the Induction Investing or Installation thereof or thereunto had the same Benefice c. shall be meerly void And that the Patron or Person to whom the Advowson Gift Presentation or Collation shall by Law appertain may present or collate unto give or dispose of the same Benefice c. in such
Masters or Mistresses neglecting to send their Children Servants or Apprentices to be Catechised or the Servants or Apprentices refusing to go to learn are to be suspended and if they persist so by the space of a Month then to be Excommunicated And every Minister that hath cure is to prepare make able and procure as many as he can to be brought and confirmed by the Bishop and every Bishop or his Suffragan in his accustomed Visitation is in his own Person to Confirm such and if in that Year by reason of some Infirmity he is not able Personally to Visit then he is not to omit it the next Year after And no Minister upon pein of Suspension ipso facto for three Years is to celebrate Matrimony between any Persons without a Faculty or Licence granted by such as have Episcopal Authority or the Commissary for Faculties Vicars General of the Archbishops and Bishops Sede plena or Sede vacante the Guardian of the Spiritualities or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively except the Banes of Matrimony have been published three several Sundays or Holydays in the time of Divine Service in the Parish Churches or Chapels where the said parties dwell neither shall any Minister under the like pein Marry any such Licensed Persons in any other place but in the Church or Chapel where one of them dwelleth and between the hours of eight and twelve in the Forenoon in time of Divine Service nor when Banes are thrice asked and no Licence necessary till the Parents or Governors of the parties to be Married being under the age of one and twenty Years shall either personally or by sufficient Testimony signify to him their consents to the said Marriage And if any Minister under colour of any peculiar Liberty or Privilege claimed to appertain to certain Churches shall offend herein he may be suspended for three Years by the Ordinary of the place where the offence was committed and if the Minister remove from such place before suspension then may the Ordinary of the place where he remaineth upon the other Ordinarie's Certificate under Hand and Seal execute that censure upon him Can. 59 60 61 62 63 101. Every Parson Vicar or Curate is Ministers to bid Holy-days conferr with Recusants c. solemnly to bid Holy-days or Fasting-days the Sunday before they fall as the Common-Prayer Book directs and all Ministers are solemnly in time of Divine Service in their Parish Churches upon some Sunday to denounce Recusants and Persons Excommunicate and every Preaching Minister having any Popish Recusant or Recusants in his Parish is to confer with them to see if he can reclaim them from their Errors The Minister also or Curate when any Person is sick in their Parish having knowledge thereof if the disease be not known or probably suspected to be Infectious are to repair to instruct and comfort them after the Order of the Communion Book if he be no Preacher and if he be a Preacher then as he shall think most convenient and when any is dying then a Bell shall be tolled and the Minister then is to perform his last duty and after the party's death if it so fall out there shall be rung no more but one short Peal and one other before the Burial and one other after the Burial And no Minister without the Bishop's Licence under Hand and Seal is to keep any solemn Feasts either in publick or in private Houses other than such as by Law are or shall be appointed nor shall be willingly present at any of them under pein of suspension the first fault Excommunication the second and deposition from the Ministery the third Nor shall any Minister without such Licence as aforesaid hold any meetings for Sermons termed Prophesies or Exercises in Market Towns or elsewhere under the same peins neither may any Minister upon any pretence whatsoever either of possession or obsession by Fasting and Prayer attempt to cast out any Divil or Divils under pein of being accounted an Impostor and to be deposed from the Ministery And no Priests or Ministers of the Word of God are to hold private Conventicles which may in any way tend to the impeaching or depraving of the Doctrine of the Church of England or Book of Common-Prayer or any part of the Discipline established in the Church of England upon pein of Excommunication ipso facto Can. 64 65 66 67. 72 73. The Penalty for Preaching or Teaching that eating Fish or forbearing Flesh is of necessity to Salvation If any Minister or other Person by Preaching Teaching Writing or open Speech maintain the eating of Fish or forbearing of Flesh to be of necessity to Salvation or the Service of God otherwise than other publick Laws are and be they may be punished as spreaders of false News by the stat 5 Eliz. and it is there also enacted that if any Parson Vicar or Curate do Licence any Person to eat Flesh on Fish days other than such who are sick and evidently appear to have need thereof by reason of their sickness the Licence shall be void and every such Parson Vicar or Curate shall forfeit for every such Licence otherwise granted five Marks the Offence to be prosecuted within half a Year after it is committed or else no loss or forfeiture to be answered 5 Eliz. cap. 5. If any Minister or other Person during The Penalty for declaring that the K. is an Heretick c. the King's life do maliciously and advisedly by Writing Printing Preaching or other Speaking publish or declare that the King is an Heretick or Papist or that he endeavours to introduce Popery or if they incite or stir up the people to the hatred or dislike of his Person or Government and being thereof Legally convicted such person so offending is made incapable of holding injoying or exercising any place office or promotion Ecclesiastical Civil or Military and if they preach or maintain c. that the Parliament begun the third of November 1640. is yet in being or that there is any Obligation on the King or any other person from any Oath Covenant or Ingagement whatsoever to change the Government in Church or State or that the two Houses of Parliament or either of them have a Legislative power without the King such person offending herein incurs the danger and penalty of a praemunire 13 Car. 2. Cap. 1. What Statutes Ministers are to reade in their Churches Every Minister is once every year in his Church upon some Sunday in the time of the greatest Assembly to reade the Statute of the 5 and 6 Eliz. 6. cap. 1. and shew the power and effect of the unanimous Prayers of God's people in their necessities and every Minister is also every year the Sunday before the fifth day of November publickly to reade to his Parishioners in his Church after Morning-Prayer or Preaching the Statute of the 3 Jac. cap. 1. And they are also twice every
year upon some Sunday after Evening-Prayer to reade in their Parish Churches the Statute of the 20 Jac. cap. 20. against prophane cursing and swearing and once every year upon some Sunday or Holyday in the Afternoon before Divine Service they are to reade the Book of Canons agreed upon in the Synod begun at London Anno Dom. 1603. and every Minister every year in his Church the Sunday next before the 29 day of May at Morning-Prayer is to reade the Statute of the 12 Car. 2. cap. 14. Ministers before their Sermons Lectures What Order Ministers are to observe in their Prayer before their Sermons c. and Homilies are to Pray first for the Holy Catholick-Church of Christ through the whole World and especially for the Churches of England Scotland and Ireland then for the King Queen and Royal Family next for all Arch-Bishops Bishops and other Pastors and Curates of God's Holy Word and Sacraments then for the King's Privy-Council and all the Nobility and Magistrates of his Realm and for the Commons that they may live in true Faith and fear of God in humble Obedience to the King and Brotherly Charity one to another and lastly they must praise God for all those who have departed out of this Life in the Faith of Christ and must pray to God that we by Grace may learn to follow their Good Example that after this Life ended we may be partakers with them of the Glorious Resurrection of the Life Everlasting and must always conclude with the Lord's Prayer Can. 55. The Supream Ecclesiastical power in the King Note That the King hath the Supream Ecclesiastical Power in him as it hath been held and agreed and may without Parliament make Orders and Constitutions for the Government of the Clergy and may deprive them if they obey not and they can make no Canons or Constitutions without his Assent Cro. Jac. f. 37. Mo. Rep. f. 155. pl. 1043. and Vaugh. Rep. f. 329. The power of the Convecations But some Clergy-men seem to think and others do not stick to say that no Orders or Constitutions can be made to bind them but what are agreed upon in the Convocations of the Clergy therefore I think it will not be amiss to insert here the Authority of the Convocation as my Lord Coke sets it down in his fourth part of his Institutes which take as followeth he saith it is called Convocation a Convocando because they are called together by the King 's Writ and their Authority being never assembled together but by the King 's Writ was to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein they did proceed juxta Legem Divinam Canones Sanctae Ecclesiae and as they could never assemble but by the King 's Writ so they were oftentimes commanded by the King 's Writ to deal with nothing that concerned the King's Laws of the Land his Crown and Dignity his Person or his State or the State of his Council or Kingdom and so whatsoever Act is done in the Convocation is under the Power and Authority of the King but not è contra what he doth under them see the King's Letters in the conclusion of this Chapter vide Co. Inst 4 part f. 322. 26 H. 6. 13. and 21 Eliz. 4. f. 45. a. p. Vavasour and f. 45. 6 p. Starkey and Brown and Rolls Cases 1 p. f. No Canons to be made in the Convocation without the King's Licence And the Lord Coke saith further that the King did often appoint Commissioners by writ to sit with them at the Convocation and to have Conusance of such things as they meant to establish that nothing should be done in prejudice ut supra And therefore the Statute of 25 H. 8 cap. 19. whereby it is provided that no Canons Constitutions or Ordinance should be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which were contrariant or repugnant to the King's Prerogative Royal or the Customes Laws or Statutes of this Realm is but declaratory of the old Common-Law but by the said Act their Jurisdiction and Power is much lestned concerning making of new Canons for they must have both Licence to make them and after they be made they must have the King 's Royal Assent to the allowance thereof before they be put in Execution 25 H. 8. cap. 19. Co. Inst 4 part f. 323. The King's Letters of direction to the Archbishop of Canterbury concerning the Clergy The King's Majesty in his Letters and Directions to the Archbishop of Canterbury dated the fourteenth Year of his now Majestie 's Reign in the Month of October declares there to this effect First That no Preachers in their Sermons shall presume to meddle with matters of State to modell new Governments or take upon them to Declare Limit or bound out the Authority and Power of Sovereign Princes or to State and Determine the difference between Princes and People but that as they have occasion they Faithfully tell the People of their duty of Subjection and Obedience to their Governors Superior and Subordinate of all sorts and to the established Laws according to the Word of God and the Doctrine of the Church of England as it is contained in the Homilies of Obedience and Articles of Religion set forth by publick Authority Secondly That they spend not their time in the search of speculative and abstruse Notions especially in and about the deep points of Election and Reprobation the Incomprehensible manner of the Concurrence of God's free Grace and Man's free Will and such Controversies as depend thereon And that however they do not presume possitively and doctrinaly to determine any thing concerning the same Thirdly That they forbear in their Sermons ordinarily and causelesly to enter upon the handling of any other Controversies of less moment and difficulty And when occasionally they be invited by their Text or Auditory to fall into them that they doe it with all Modesty Gravity and Candor asserting the Doctrine and Discipline of the Church of England from the Cavils and Objections of such as are Adversaries to either without bitterness railing jeering or other unnecessary or unseemly Provocation Fourthly That they Catechise the Younger sort according to the Book of Common-Prayer and in their ordinary Sermons do chiefly insist upon Catechistical Doctrines containing the necessary Truths of Christian Religion and setting forth withall what Influence such Doctrine ought to have in their Lives and Conversations and stirring up the People by their Lives and Doctrine to the practice of such Religious and Moral duties as are the proper result of the said Doctrines as Self-denyal Contempt of the World Humility Patience Meekness Temperance Justice Mercy Obedience and the like and to hate and shun sin especially the sins so rife and common amongst us and more especially those usually called the seven deadly sins and all kind of Debauchery Sensuality Rebellion Prophaneness Atheisin
and the like And that where there is any Exercise in the Afternoon that there it be specially spent in explaining some part of the Church Catechisme or some Scripture that may lead to the handling and explaining of it or that may conduce to the Exposition of the Liturgy and Prayers of the Church And Lastly That they labour with their People to draw them from Idle Debauched Prophane Courses and perswade Men to frequent Divine Services Sabbath-days and other Festivals appointed to be kept solemn and prevent them from haunting Taverns and Alehouses or to use unlawfull sports on the Lord's day CHAP. III. The Articles of Religion which every Minister is to subscribe unto both at his Ordination and at his Admission and Institution to a Living agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562. put forth by Authority for avoiding diversities of Opinions and for the establishing of consent touching true Religion 1. Of Faith in the Holy Trinity Article 1 THere is but one Living and true God everlasting without Body Parts or Passions of Infinite Power Wisdom and Goodness the maker and preserver of all things both Visible and Invisible And in Unity of this God-head there be three Persons of one Substance Power and Eternity the Father the Son and the Holy Ghost 2. Of the Word of God which was made very Man Article 2 The Son which is the Word of the Father begotten from everlasting of the Father the very and Eternal God of one Substance with the Father took Man's Nature in the Womb of the Blessed Virgin of her Substance so that two whole and perfect Natures that is to say the God-head and Manhood were joyned together in one Person never to be devided whereof is one Christ very God and very Man who suffered was Crucified Dead and Buried to Reconcile his Father to us and to be a Sacrifice not only for original Guilt but also for all actual sins of men 3. Of the going down of Christ into Hell Article 3 As Christ died for us and was Buried So also it is to be believed that he went down into Hell 4. Of the Resurrection of Christ Article 4 Christ did truly rise again from Death and took again his Body with Flesh Bones and all things appertaining to the Perfection of Man's Nature wherewith he ascended into Heaven and there sitteth until he return to Judge all Men at the last day 5. Of the Holy Ghost Article 5 The Holy Ghost proceeding from the Father and the Son is of Substance Majesty and Glory with the Father and the Son Very and Eternal God 6. Of the sufficiency of the Holy Scriptures for Salvation Article 6 Holy Scripture containeth all things necessary to Salvation so that whatsoever is not read therein nor may be proved thereby is not to be required of any man that it should be believed as an Article of the Faith or be thought requisite or necessary to Salvation In the name of the Holy Scripture we do understand those Canonical Books of the Old and New Testament of whose Authority was never any doubt in the Church 7. Of the Old Testament Article 7 The Old Testament is not contrary to the New for both in the Old and New Testament everlasting Life is offered to Mankind by Christ who is the onely Mediator between God and man being both God and man wherefore they are not to be heard which fain that the old Fathers did look only for transitory promises although the Law given from God by Moses as touching Ceremonies and Rites does not bind Christian men nor the civil precepts thereof ought of necessity to be received in any Common-wealth yet notwithstanding no Christian man whatsoever is free from the obedience of the Commandments which are called moral 8. Of the three Creeds Article 8 The three Creeds Nice Creed Athanasius Creed and that which is commonly called the Apostles Creed ought throughly to be received and believed for they may be proved by most certain Warrants of Holy Scripture 9. Of Original or Birth-sin Article 9 Original sin standeth not in the following of Adam as the Pelagians do vainly talk but it is the fault and corruption of the Nature of every man that naturally is ingendred of the Off-spring of Adam whereby man is very far gone from Original Righteousness and is inclined to evil so that the flesh lusteth against the Spirit and therefore in every Person born into the World it deserveth Gods wrath and damnation And this Infection of Nature doth remain yea in them that are Regenerated whereby the Lust of the Flesh called in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which some do expound the wisdom some sensuality some the affection some the desire of the Flesh is not subject to the Law of God And although there is no condemnation for them that Believe and are Baptized yet the Apostle doth confess that concupiscence and lust hath of it self the Nature of sin 10. Of free Will Article 10 The condition of Man after the fall of Adam is such that he cannot turn and prepare himself by his own Natural strength and good works to Faith and calling upon God wherefore we have no power to doe good Works pleasant and acceptable to God without the grace of God preventing us that we may have a good Will and Working with us when we have that good Will 11. Of the Justification of Man Article 11 We are accounted Righteous before God only for the merit of our Lord and Saviour Jesus Christ by Faith and not for our own works or deservings Wherefore that we are justified by Faith only is a most wholesome Doctrine and very full of comfort as more largely is expressed in the Homily of Justification 12. Of good Works Article 12 Albeit That works which are the Fruits of Faith and follow after Justification cannot put away our sins and endure the severity of God's Judgment yet are they pleasing and acceptable to God in Christ and do spring out necessarily of a true and a lively Faith insomuch that by them a lively Faith may be as evidently known as a Tree discerned by the Fruit. 13. Of Works before Justification Article 13 Works done before the Grace of Christ and the Inspiration of his Spirit are not pleasing to God forasmuch as they spring not of Faith in Jesus Christ neither do they make Men meet to receive Grace or as the School Authors say deserve Grace of Congruity Yea rather for that they are not done as God hath willed and commanded them to be done we doubt not but they have the Nature of sin 14. Of Works of Supererogation Article 14 Voluntary Works besides over and above God's Commandments which they call Works of Supererogation cannot be taught without Arrogancy and Impiety for by them Men do declare that they do not only render unto God as much as they are bound to do but that they doe more for
Baptism and the Lord's Supper for that they have not a visible sign or ceremony ordained of God the Sacraments were not ordained of Christ to be gazed upon or to be carried about but that we should duly use them And in such only as worthily receive them they have a wholsome effect or operation but they that receive them unworthily purchase to themselves damnation as Saint Paul saith 26. Of the Vnworthiness of the Ministers which hinder not the effect of the Sacraments Article 26 Although in the visible Church the evil be ever mingled with the good and sometime the evil have chief Authority in the Ministration of the Word and Sacramenes yet for as much as they doe not the same in their own Name but in Christ's and do Minister by his Commission and Authority we may use their Ministring both in hearing the Word of God and in the receiving of the Sacraments Neither is the effect of Christ's Ordinance taken away by their wickedness nor the grace of God's guifts diminished from such as by Faith and rightly do receive the Sacraments Ministred unto them which are effectual because of Christ's Institution and Promise although they be Ministred by evil Men. Nevertheless it appertaineth to the Discipline of the Church that inquiry be made of evil Ministers and that they be accused by those that have knowledge of their Offences and finally being found guilty by just judgment be deposed 27. Of Baptism Article 27 Baptism is not only a sign of Profession and mark of Defence whereby Christian Men are discerned from others that be not Christned but it is also a sign of Regeneration or new Birth whereby as by an Instrument they that receive Baptism rightly are grafted into the Church the Promises of the forgiveness of sin and of our Adoption to be the Sons of God by the Holy Ghost are visibly signed and sealed Faith is confirmed and Grace increased by virtue of Prayer unto God The Baptism of Young Children is in any wise to be retained in the Church as most agreeable with the Institution of Christ 28. Of the Supper of the Lord. Article 28 The Supper of the Lord is not only a sign of the Love that Christians ought to have among themselves one to another but rather it is a Sacrament of our Redemption by Christ's death Insomuch that to such as worthily and with Faith receive the same the Bread which we break is a partaking of the Body of Christ and likewise the Cup of Blessing is a partaking of the Blood of Christ Transubstantiation or the change of the substance of Bread and Wine in the Supper of the Lord cannot be proved by Holy Writ but it is repugnant to the plain Words of Scripture overthroweth the Nature of a Sacrament and hath given occasion to many superstitions The Body of Christ is given and taken and eaten in the Supper only after an Heavenly and Spiritual manner and the means whereby the Body of Christ is received and eaten in the Supper is Faith The Sacraments of the Lord's Supper were not by Christ's Ordinance reserved carried about lifted up or Worshipped 29. Of the wicked which do not eat the Body and Blood of Christ in the use of the Lord's Supper Article 29 The wicked and such as be void of a lively Faith although they do carnally and visibly press with their Teeth as S. Augustine saith the Sacrament of the Body and Blood of Christ yet in no wise are they partakers of Christ but rather to their Condemnation do eat and drink the Sign or Sacrament of so great a thing 30. Of both kinds Article 30 The Cup of the Lord is not to be denied to the Lay-people for both the parts of the Lord's Sacrament by Christ's Ordinance and Commandment ought to be Ministred to all Christian Men. 31. Of the one Oblation of Christ finished upon the Cross Article 31 The offering of Christ once made is that perfect Redemption Propitiation and Satisfaction for all the sins of the whole World both Original and Actual and there is none other satisfaction for sin but that alone wherefore the Sacrifices of Masses in the which it was commonly said that the Priests did offer Christ for the Quick and the Dead to have Remission of pain and guilt were blasphemous Fables and dangerous deceits 32. Of the Marriage of Priests Article 32 Bishops Priests and Deacons are not commanded by God's Law either to vow the Estate of single Life or to abstain from Marriage therefore it is Lawfull also for them as for all other Christian Men to Marry at their own discretion as they shall judge the same to serve better to godliness 33. Of Excommunicate Persons how they are to be avoided Article 33 That Person which by open Denunciation of the Church is rightly cut of from the Unity of the Church and Excommunicated ought to be taken of the whole multitude of the faithfull as an Heathen and Publican untill he be openly reconciled by Penance and received into the Church by a Judge that hath Authority thereto 34. Of the Traditions of the Church Article 34 It is not necessary that Traditions and Ceremonies be in all places one or utterly like for at all times they have been divers and changed according to the diversity of countries times and mens manners so that nothing be ordained against God's Word whoever through his private judgment willingly and purposely doth openly break the Traditions and Ceremonies of the Church which be not Repugnant to the Word of God and be ordained and approved by common Authority ought to be rebuked openly that other may fear to doe the like as he that offendeth against the common order of the Church and woundeth the consciences of the weak Brethren Every particular or National Church hath Authority to Ordain Change and Abolish Ceremonies or Rights of the Church Ordained onely by Man's Authority so that all things be done to Edifying 35. Of Homilies Article 35 The second Book of Homilies the several Titles whereof we have joyned under this Article doth contain a godly and wholesome Doctrine and necessary for these times as doth the former Book of Homilies which were set forth in the time of Edw. the sixth and therefore we judge them fit to be read in Churches by the Ministers diligently and distinctly that they may be understood of the People 36. Of Consecration of Bishops and Ministers Article 36 The Book of Consecration of Archbishops and Bishops and ordering of Priests and Deacons set forth in the time of Edward the sixth and confirmed at the same time by Authority of Parliament doth contain all things necessary to such Consecration and Ordering neither hath it any thing that of it self is superstitious and ungodly And therefore whosoever are Consecrated or ordered according to the Rites of that Book since the second Year of the aforenamed King Edward unto this time or hereafter shall be Consecrated or Ordered according to the same Rites We
327. a. pl. 4. Not Reading the Artiâ—les c. makes the Living â—oiâ— Note this Case following one Higden was lawfully Presented Admitted Instituted and Inducted into the Rectory of Wringlington in Somerset shire being a Benefice with Cure of Souls of Fifty pounds Per annum and in the King's Books but of Five pounds Per annum and afterwards he was lawfully Presented Admitted Instituted and Inducted into the Rectory of Elme in the same County of Forty pounds Per annum and but Ten pounds in the King's Books and Subscribed the Articles of Religion according to the Act 13 Eliz. Cap. 12. and was lawfully Incumbent of the said Rectory of Elme but after did not read the Articles of Religion within two Months after his Induction to the Church of Elme according to the Act 13 Eliz. And in this Case it was Adjudged that Higden had lost both his Livings for as to the first Living if a Man have a Benefice with Cure of Souls whatsoever the value be and is Admitted and Instituted into another Benefice with Cure of what value soever having no Qualification or Dispensation the first Benefice is so ipso facto void that the Patron may present another to it if he please but if the Patron do not or will not present to it then no Lapse shall Incur if the Living be under value until deprivation of the Incumbent and notice thereof given to the Patron but if the Living be of the value of Eight pounds or above the Patron at his Peril is to present within Six Months by the Statute 21 H. 8. and as to the Second Living by his not reading the Articles he stands deprived ipso facto and so both are lost H. 22 23. Car. 2. C. B. Shute and Higden's Case Vaugh. Rep. f. 129. Note that a Dispensation granted by A Dispensation good though not Inroâ—â—ed the Arch-bishop of Canterbury to one who is Created Bishop to hold a Benefice in Commendam although it be not Inrolled in Chancery according to the Statute 25 H. 8. but is only entered in the Register of the Arch-bishop yet it is good enough and so it was Adjudged M. 6. 7. Eliz. C. B. in the Case of John Parkhurst Bishop of Norwich Dyer f. 233. a. Doder pa. 94. A Dâ—spensation after Consecration is too late But such Dispensation must be before Consecration or else it comes too late yet the King ex summa Authoritate Ecclesiastica qua fungitur may Grant to the Bishop that is Consecrated power to take and Retain by Presentation Institution and Induction any Spiritual Benefice and to hold the same in Commendam notwithstanding his Estate of being Bishop for so the Pope used to do and the same Authority is acknowledged by the Statute 25 H. 8. to be in the King of this Realm which was within this Realm by the Pope Doder pa. 95. By the Statute 13 Eliz. None shall Who qualified for a Living of Thirty pounds c. be admitted to any Benefice with Cure of or above the value of Thirty pounds yearly in the Queens Books unless he be a Batchellor in Divinity or a Preacher lawfully Licensed by some Bishop within this Realm or by one of the Universities of Cambridge or Oxford 13 Eliz. cap. 13. Acceptance of Three Benefices the first only void If a Parson have a Benefice of above the yearly value of Eight pounds and afterwards he takes another Benefice with a Dispensation and after this he takes a Third Benefice his first Benefice is only void Adjudged per Curiam M. 5. Jac. C. B. Godb. Rep. pa. 153. pl. 201. but it said by Heron in Noye's Rep. that both the first and second shall be void vide the King and the Bishop of Chichester's Case Noye's Rep. f. 149. A Suffragan Bishop capable of plurality By the Statute 26 H. 8. every Bishop's Suffragan exercising the Office by the Bishop's Commission for the better maintenance of his Dignity may have two Benefices with Cure 26 H. 8. cap. 14. and note that the Eight pounds value of a Church shall be according to the valuation in the King's Books and not according to the Improved and just value 8. Car. 1. C. B. Drake and Hill's Case Cro. Car. f. 456. there cited to have been so Adjudged Note by the Statute 21 H. 8. It is The penalty of Non-residence enacted that every Spiritual Person promoted to any Arch-deaconry Deanry or Dignity in any Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall be Personally Resident and abiding in at and upon his said Dignity Prebend or Benefice or at one of them at the least and in Case that any such Spiritual Person keep not Residence at one of his said Spiritual Dignities Prebend or Benefices as aforesaid but absent himself willfully by the space of one Month together or by the space of two Months to be accounted at several times in any one year and make his Residence and Abiding in any other places by such times then he shall forfeit for every such default Ten pounds Sterling the one half thereof to the King's Majesty and the other half to the Party that will Sue for the same in any of the King's Courts by Original Writ of Debt Bill Plaint c. 21 H. 8. cap. 13. But it is provided that this Act of Who excuseable for Non-residence Non-residence shall not in any wise extend nor be prejudicial to any such Spiritual Person as shall chance to be in the King's Service beyond the Seas nor to any Person or Persons going to any Pilgrimage or Holy place beyond the Sea during the time that they shall be so in the King's Service or in the Pilgrimage going and returning home nor to any Schollar or Schollars being Conversant and abiding for Study without Fraud or Covin at any University within this Realm or without nor to any of the Chaplains of the King 's or Queen's daily or quarterly attending and abiding in the King 's or Queen's most Honourable Households nor to any of the Chaplains of the Prince or Princess or any the King 's or Queen's Children Brethren or Sisters nor to any Chaplain of any Arch-bishop or Bishops or of any Spiritual or Temporal Lords of the Parliament nor to any Chaplain of any Dutchess Marquess Countess Vicecountess or Baroness nor to any Chaplain of the Lord Chancellour or Treasurer of England the King's Chamberlain or Steward of his Household for the time being nor to any Chaplain of any of the Knights of the honourable Order of the Garter or of the Chief Justice of the King's Bench Warden of the Cinque Ports or of the Master of the Rolls nor to any Chaplain of the King's Secretary and Dean of the Chapel or Almner for the time being dayly attending and dwelling in any of their Honourable House-holds during the time that any such Chaplain or Chaplains shall abide and dwell
the Tenths are due and being reasonably demanded at their Dignities Churches or Houses c. by the Arch bishop or Bishop or such as shall be charged with the Collection thereof or by any other their Ministers Servants or Officers and be not paid at the time of such Demand or Request or within Forty dayes after at the furthest that then every Incumbent making such default of payment after such default certified into the King's Exchequer in Writing under the Seals of any Arch-bishop or Bishop or of such as be charged to the Collection of the said Pension shall be Adjudged deprived ipso facto of that only Dignity Benefice c. whereof such Certificate shall be made as if the said Incumbent were dead 26 H. 8. cap. 3. 2. E. 6. cap. 20. 1 Eliz. cap. 4. vide p. 7. Eliz. C. B. Dyer f. 237. a. pl. 29. And every Arch-bishop and Bishop How Bishops c. may be discharged of Tenths or any other having Authority to Receive the Tenths making a Certificate into the Exchequer before the last day of May by the Statute 7 E. 6. cap. 4. that they have reasonably demanded the Tenths of any Incumbent of any Dignity Benefice c. due for him to pay and that he hath not paid the same or that such Benefice remains void and no Incumbent can be had shall be a discharge to every such Arch-bishop and Bishop or other having Authority to receive the Tenths for so much as such Incumbent or Benefice being void ought to pay And the Treasurer Chancellor and Barons of the King's Exchequer shall devise and direct upon every such Certificate such Process out of the said Court against every Incumbent so Certified and their Executors and Administrators for Insufficiency of them against the Successors of every such Incumbent so that the King may be truly Answered the said Tenths for such Dignity c. and may Levy and take all the Glebe Lands Tithes c. of the Benefice being vacant to which no Incumbent can be had to satisfie himself 7 E. 6. cap. 4. also where the said Arch-bishop Bishop or other Accomptants charged with the Collection of Tenths make Oath before the Treasurer Barons and Chancellor of the Exchequer or the Major part of them or before such other Persons as have power to hear such Accompt that they cannot or may not for some sufficient Cause or matter lawfully Levy the Tenths which they stand charged in Accompt then upon such Oath made they shall be discharged for so much 32 H. 8. cap. 22. Acquittances made by such as have Acquittances for Tenths by whom to be made c. power to receive Tenths or any part thereof to such Person or Persons who are charged with the Collection thereof shall be of as good strength force virtue and effect to the parties having the same as if they were made in the King's Name under his Great Seal and shall be allowed admitted and accepted in all Courts of this Realm and no Officer of the Exchequer shall take any matter thing or reward of any Arch-bishop or Bishop or of any other Persons having Charge with the Collection and Payment of Tenths for making their Accompt or Quietus est upon pein to lose his Office and make Fine to the King at his will and pleasure 26 H. 8. cap. 3. 1 Eliz. cap. 1. By the 27 H. 8. the Tenths are to What Remedy for Arrearages of Tenths be paid by every Arch-bishop Bishop c. the first year they enter on their Spiritual Dignities Benefices c. and they are to have allowance thereof in the payment of their First Fruits and where any Incumbent is chargeable with the Arrears of his Predecessors Tenths in such Case he may distrain such Goods and Chattels of his Predecessors as shall happen to be and remain in and upon the Dignity Benefice c. for which the same Tenths were behind and retain the same till such time as his Predecessor pay if he be alive and if he be dead then till â—is Executors or Administrators or â—hose to whom his Goods and Chatâ—els should belong do pay the same â—nd if the Money be not paid within â—welve dayes after the distress taken â—â—en the said distress to be apprized â—y two or three Indifferent Persons to â—e Sworn for the same and then acâ—â—rding to the said Appraisement so â—uch of the distress to be sold as will â—y the said Arrear and reasonable â—osts about the Distress and if no Diâ—ess can be found on the said Digâ—â—y c. then the Predecessor if he be alive and if dead his Executors Administrators and other to whom his Goods and Chattels shall appertain or belong shall be compelled to pay the same by Bill in Chancery or Action of debt to be prosecuted by such successor by Order of the Common Law 27 H. 8. cap. 8. 1 Eliz. cap. 4. When the Year for first Fruits shall begin Note that the Year for the first Fruits is to begin from the time of the avoidance or vacation of the Benefice c. and the Tythes Fruits Oblations Obventions c. during the time of such vacation are to go to such Person as shall be next presented c. to the same Benefice or Dignity and to his Executors towards the payment â—â— the first Fruits And if any Archbishop Bishop Archdeacon Ordinary or any other Person or Persons to theâ—â— uses and behoofs do receive and takâ— the said Tythes c. and do not upoâ— reasonable request tender and pay tâ—â— same to the next Incumbent beinâ— lawfully Instituted Inducted or Aâ—mitted to such Benefice c. then thâ— shall forfeit and lose the treble valâ— of so much as they have received of tâ—â— Fruits c. one Moiety to the Kiâ—â— and the other to the Incumbent to â— recovered in any of the King's Courts by Action Bill Plaint Information or otherwise but every Archbishop c. may Retain so much of the Tythes c. in their hands as shall pay for serving the cure during such vacation and the charges of gathering the said Tythes c. and where the Fruits of the vacation of such Spiritual Promotion be not sufficient to pay the Curate's stipend and wages for serving the cure then the same is to be paid by the next Incumbent within fourteen daies next after that he hath the Possession of the said Promotion Spiritual 28 H. 8. cap. 11.1 Eliz. cap. 4. Churches Vnited to pay first Fruits and Tenths By the 37 H. 8. there was saved to the King his Heirs and Successors all the Tenths and first Fruits of all such Churches and Chapels as then were or afterwards should be United and Consolidated in one according to the same or such like rates and valuations as the same Churches and Chapels were then rated and valued at to the King's Majesty in his Court of first Fruits and Tenths 37 H. 8. cap. 21. Collectâ—rs of Tenths to be bound for the
Instituo te Rectorem talis Ecclesiae cum cura Animarnm accipe curam tuam meam c. And note that every Rectory consists of Spiritualities and Temporalities and as to the Spiritualities to wit Cura animarum he is compleat Parson by the Institution and may celebrate Divine Service Preach c. but not to the Temporalities as to the Glebe c. for he hath no freehold in them till his Induction vide Hare and Buckle's Ca. Plo. Com. f. 528. Co. Lit. f. 344. a. and Hill 41 Eliz B. R. Digbie's Ca. Co. Rep. 4. Lib. f. 79. a. Hughe's Grand Abridgm 1. part p. 135. Ca. 7. Goldes Rep. p. 163. and 164. and vide 32. H. 6. 28. b. and 33. H. 6. 24. and Hughe's Parson's Law cap. 11. A Bishop may Institute out of his Diocess Note That the Bishop may Institute a Clerk as well out of his Diocess as within it for as to this matter it is not local but follows the Person of the Bishop wheresoever he goes Cro. Car. f. 342. Hughe's Gran. Abridgm 1 part p. 134. Ca. 7. and vide 21. Jac. B. R. in Knowle's and Dobbin's Case Godbolt's Rep. p. 342. pl. 446. Hughe's Parson's Law cap. 11. and 27 Eliz. C. B. Carter and Croft's Case None to be admitted to any Living till he be a Priest in Orders But observe that none can be admitted to any Living till he be a Priest in Orders which he cannot be by the Statute of Uniformity till he is four and twenty Years of Age and if any Person shall be Admitted Instituted and Inducted into any Living before he is in Holy Orders his Admission Institution and Induction are void 14. Car. 2. cap. 4. And every Clerk before his Admission to be Incumbent must subscribe the Every Clerk to subscribe to his Declaration before his Admission to a Living Declaration following to wit I. B. C. ' do declare that it is not Lawfull upon any pretence whatsoever to take Arms against the King And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now established by Law And I do declare that I do hold there lies no Obligation upon me or any other Person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawfull Oath and imposed upon the Subjects of this Kingdom against the known Laws and Liberties of this Kingdom 14. Car. 2 cap. 4. After the five and twentieth Day of March 1682. There shall be omitted out of the said Declaration or acknowledgment the latter part thereof-beginning And I do declare that I do hold there lies no Obligation on me or any other Person from the Oath c. After this Subscription made every A Certificate to be procured after Subscription and the same to be read within three Months Parson Vicar Curate and Lecturer is to procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are to deliver the same upon demand and shall publickly and openly read the same together with the declaration or acknowledgment aforesaid upon some Lord's day within three Months then next following in his Parish Church where he is to Officiate in the time of Divine Service before all the Common-Prayer be ended in the presence of the Congregation there assembled upon pein to loose his Parsonage Vicarage or Benefice Curate's place of Lecturer's place and shall be utterly disabled and ips facto deprived of the same And that the said Parsonage Vicarage or Benefice Curate's place or Lecturer's place shall be void as if he were naturally Dead 14. Car. 2. cap. 4. What Induction is and how to be performed When the Bishop hath Instituted the Clerk the Ordinary c. makes a Mandate under Seal to the Archdeacon of the place or to such other Clergy-men as he pleaseth to Induct the Clerk and it may be done by the Dean and Chapter by Prescription but not by the Patron and the usual way of Induction is by the delivery of the Bell-Rope to the new Parson who is to toll the Bell that the People may thereby take notice when the Archdeacon inducts the Parson his Fee is 40 Pence but a Donative may pass by the gift of the Patron without Institution or Induction 8. Ass pl. 13. Davis Rep. f. 46. b. Roll's Cases 2 part f. 356. B. 1. and 357. C. 2 3 4 5 6 7 Deg. cap. 2. vide 38. E. 3. 3. b. 11. H. 4. 9 and 10. What Remedy where the Archdeacon refuseth to Induct If the Archdeacon will not Induct the Clerk after such time as the Bishop hath admitted and Instituted him and directed his Mandate to the Archdeacon to admit him some have been of Opinion that the Clerk may have an action of the Case against him because the Induction is a Temporal act but others are of Opinion and so it was adjudged p. 13. Eliz. C. B. that a Citation shall be awarded in such Case out of the Spiritual Court against the Archdeacon to answer the same there where he shall be punished if there be Cause because the Archdeacon may alledge some special Cause which by the Spiritual Ecclesiastical Law the Clerk ought not to be Inducted which Cause may not be triable or determinable in the Temporal Court Fitz. N. B. 47. H. Hughe's Par. Law cap. 12. Ecclesiastical Persons to take the Oath of Supremacy All and every Person and Persons that shall be Preferred Promoted or Collated to any Archbishoprick or Bishoprick or to any other Spiritual Promotion or Ecciesiastical Benesice Promotion Dignity Office or Ministery before he or they take upon him or them to Receive Use Exercise Supply or Occupy any such Promotion they shall take the Oath of Supremacy before such Persons as have Authority to admit any such Person to any such Office or Ministery 1 Eliz. cap. 1. 5 Eliz. cap. 1. Clerks to swear Canonical Obedience And when any Clerk is admitted and instituted to any Benefice he is usually sworn also to Canonical Obedience to his Diocesan Co. Inst 4 part f. 324. The form of the Oath of Supremacy The form of the Oath of Supremacy is as followeth viz I. A. B. ' do utterly declare and testify in my Conscience That the King's Highness is the only Supream Governor of this Realm and of all other his Majestie 's Dominions and Countries as well in Spiritual or Ecclesiastical things or Causes as Temporal and that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign