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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37445	The parson's counsellor with the law of tithes or tithing in two books : the first sheweth the order every parson, vicar, &c. ought to observe in obtaining a spiritual preferment, and what duties are incumbent upon him ... : the second shews in what manner all sorts of tithes, offerings, mortuaries, and other church-duties are to be paid ... / written by Sir Simon Degge, Kt.	Degge, Simon, Sir, 1612-1704.	1676 (1676)	Wing D852; ESTC R8884	170,893	368

after induction that he likewise make some intelligent Parishioners to read with him and give them a Copy of the Declaration aforesaid and at the foot of it take an attestation under their hands of his reading the said Book of Common Prayer and Declaration which may be done in this form First in a fair legible hand write the Declaration aforesaid then write under to this effect _____ Memorand That upon Sunday the _____ Day of _____ in the Year of our Lord. _____ A. B. Parson of D. in the County of D. read Common Prayers in the Parish Church of D. aforesaid both in the forenoon and afternoon of the same day according to the Form and Order prescribed and directed by the Book intituled The Book of Common Prayer and Administration of the Sacraments and other Rights and Ceremonies of the Church according to the use of the Church of England together with the Psalter or Psalms of David pointed as they are to be sung or said in Churches the Form or manner of making Ordaining and Consecrating of Bishops Priests and Deacons and immediately after the reading the same made a Declaration of his unfeigned assent and consent to all the matters and things therein contained in the Form and words above written And then let the Witnesses hereunto subscribe the same Certificate which the Clerk is to keep carefully with his Institution induction and Certificate with the Book of Articles attested as is above directed And in these things I advise all Clergy Men to be very tender and careful There was an Act made in the thirteenth Year of Queen Elizabeth 13 El. cap. 12. What age a Parson ought to be That none should be admitted to any Benefice unless he were three and twenty Years of age and a Deacon at least and should subscribe the thirty nine Articles before he should be admitted and that none should be admitted to Preach or Administer the Sacraments unless such Persons were 24 Years of Age at least But this Law is in part altered by the beforementioned new Statute of Vniformity for now none can be admitted to any Living till he is a Priest in Holy Orders which he cannot be by this Statute till he is four and twenty Tears of age And by the same Statute it is enacted Who may be admitted to a Benefice of 30 l. per annum in the King's books that none should be admitted to any Benefice with cure of Souls of the value of thirty pounds or upward in the King's Books unless he be a Batchelor of Divinity at least or a Preacher licensed by some Bishop or one of the Vniversities of this Kingdom and if not so qualified his Institution to be void CHAP. VII The Seventh Chapter shews the duty of the Parson Vicar c. after Induction and the former Ceremonies performed and treats of non-residence and the penalties thereof and for what reasons the same may be excused HE that has orderly as aforesaid Parsons c. must be conformable Stat. 1. Eliz. cap. 2. obtained an Ecclesiastical preferment in the Church of England must be conformable to the Government and Orders thereof and must not use any other publick Form of Prayer than what is prescribed by the Book of Common Prayer before mentioned neither must he administer the Sacraments of Baptism and the Lord's Supper in any other manner or form than what is therein and thereby directed and prescribed And if any Incumbent be resident upon his Living as he ought to be and keep a Curate Stat. 14. Cat. 2. cap. 14. When and how oft he must read the Common Prayers he is bound by the Act of Vniformity once every month at least to read the Common Prayers of the Church according as they are directed by the book of Common Prayer in his Parish-Church in his own person or he forfeits 5 l. for every time he fails therein See the Statute how he is to be convicted and the penalty to be levied And the Common Prayer by that Statute is to be read before every Lecture Before every Lecture and it is not sufficient to read a piece here and a piece there where the Party pleases but they must read the whole appointed for the day orderly as it is appointed with all the Circumstances and Ceremonies of kneeling and standing as is prescribed otherwise it is no reading of Common Prayers within this Law quod nota And note Stat. 14. Car. 2. cap. 4. that by the late Statute of Uniformity the former Statutes for Uniformity and Penalties therein are extended to this Book of Common Prayer now lately established And by the Stat. Stat. 1. Eliz. cap 2. of 1 Eliz. It is inacted That if any Minister that ought or should sing or say Common Prayer c. refuse to use the same Common Prayers or to administer the Sacraments The penalty for using other Forms of Prayer c. c. in such order and form as they are mentioned and set forth in the Common prayer-Prayer-Book or shall wilfully or obstinately standing in the same use any other Rite Ceremony Order Form or Manner of Celebrating the Lords Supper or other open Prayers or shall preach declare or speak any thing in derogation or depraving of the same Book or any thing therein contained c. upon Conviction the Party guilty of any of these offences forfeits the profits of all his Livings and Spiritual Promotions for a year and is to suffer Imprisonment for six months without bail or mainprise and upon a second Conviction for the like offence he is to suffer imprisonment for a whole year and be deprived ipso facto of all his spiritual promotions and upon a third Conviction for the like offence shall be imprisoned during life and lose all his Spiritual promotions if he have any And if such person have no spiritual promotions then for the first offence he is to be imprisoned for a year for the second during life without bayl or mainprise I have been the briefer in these matters upon the Statutes of Uniformity because they are printed at large before the book of Common Prayer to which I refer the Reader for his fuller satisfaction and they are so plain and full that they need no Comment but to advise all Clergy-men to read and observe them cautiously I shall only give the Reader this further caution that if any Parson Vicar 13 Eliz. c. ●2 c. shall maintain any Doctrine contrary to the thirty nine Articles of Religion it is cause of Deprivation or if he administers the Sacraments in any other Form than is prescribed by the Book of Common Prayer he forfeits 100 l. by a Statute made in the 13 year of Queen El. And by the new Statute of Uniformity this penalty is extended to such as do it contrary to the present book of Common Prayer now used The next Duty Incumbent upon the Parsons Vicars c. is that they be resident upon their

Deprivation or Deposition have been allowed and approved of by the Judges and Courts of the Common Law or by any of the Statutes of this Realm But there are many more causes of Deprivation by the Canons and Laws Ecclesiastical which being out of my profession I shall not presume to discourse of 1. Co. 11.49 b⸫ Waste and Dilapidation cause of Deprivation c. The Dilapidating and wasting the woods and houses and other buildings of the Church is held a good Cause of Deprivation or Deposition as appears in the precedent Chapter and the Books there vouched in the margent 2. Simony cause of Deprivation The Clerk that obtains any preferment in the Church by any Simoniacal Contract or agreement may be deprived by his Ordinary c. as appears at large in the fifth Chapter here before upon that Subject 3. 1 El. cap. 2. Stat. 14. Car. 2.4 To use other Forms of Prayer the second offence That if any Parson c. shall refuse to use the book of Common Prayer or administer the Sacraments in the order there prescribed or shall wilfully and obstinately standing in the same use any other Rite or Ceremony order form or manner of Celebrating the Lord's Supper or other open Prayers or shall preach declare or speak any thing in derogation thereof or depraving the same or any thing therein contained and having formerly been convicted for the like offence shall upon his second Conviction be deprived ipso facto 4. If any Parson Vicar c. Stat. 14. Car. 2. cap. 4. Neglecting to read Prayers within two months after Induction shall not within two months next after Induction upon some Lord's day openly publickly and solemnly read the Morning and Evening Prayers appointed to be read the same day according to the Book of Common Prayer and after such reading shall not openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all the things therein contained in such manner as is directed before here in the seventh Chapter and if there be any lawful Impediment then if he do not do the same within one Month after the impediment removed such Parson Vicar c. shall be deprived ipso facto 13 El. cap. 12. To maintain any doctrine against the 39. Art of Religion 5 B. 2. tit Trial 54. Misereant Infidels Schismaticks and Hereticks Depriv f. 3. 5. If any person which shall have any Ecclesiastical preferment shall advisely maintain or affirm directly any Doctrine contrary or repugnant to the 39 Articles of Religion and being convented before the Bishop of the Diocess or Ordinary or before the high Commissioners shall persist therein and not revoke his Error or after such Revocation shall eftsoon affirm such untrue Doctrine he may be deprived 6. If any person shall obtain a preferment in the Church which is a * a Misboliever Miscreant † an Atheist c. 38 E. 3.2 b. Dyer 8 and 9 p. 254. Co. 558. a ⸪ Dyer 293. p. 1 and 2. Infidel Schismatick or Heretick he may be deprived 7. So if one be made a Parson Vicar c. that is not of free Condition but a Villain or that is illiterate and not able to perform his duty Slave Villain illiterate and criminous person may be deprived or that is guilty of any heinous Crime as Murder Manslaughter Perjury Forgery or that is merè Laicus and not in holy Orders he may be deprived 8. Allen vers Nash P. 13. Car. 1. B R. Disobedience to his Ordinary cause of Depriv Cro. Jac. 37. Non-Conformity Quod nota A Parson Vicar c. may be deprived for being disobedient and incorrigible to their Ordinary c. 9. And it was resolved by all the Judges of England 2 Jacob. That non-conformity was a good Cause of Deprivation and it was declared by them all that in case any Canons were made by the Clergy for the good Government of the Church and approved and confitmed by the King as they ought that the obstinate disobeying of them was a just cause of Deprivation 10. 2 H. 4.37 Tuking a second Benefice If any Parson Vicar c. have one Benefice with Cure of Souls and take another incompatible without a faculty and dispensation it is a just cause of Deprivation 11. Dyer 133. p. i. Priest to marry was cause of Deprivation In the time of Popery it was cause of Deprivation for a Priest to marry but not to have two or three Concubines as they called them but more of this hereafter 12. Co. 11.98 b ⸪ 2 H. 4.3 9 E. 4.34 20 H. 6.36 29 E. 3.16 Dilapidation Destruction of woods c. or Alienation of Land belonging to the Church by any Bishop Abbot Prior Parson Vicar c. have been held and adjudged good Causes of Deprivation and it is very fit it were practised Dilapidation Waste Alienation of the Lands cause of Deprivation Deprivation ipso facto where after monition there is not Reformation There may be a question started what shall be intended by the words deprived ipso facto whether by those words the Church immediately shall become void by the fact done or not till Conviction or Sentence declaratory The words ipso facto are of late time crept into acts of Parliament as that for striking with a weapon in a Church-yard the Party shall ipso facto be excommunicate Dyer 275. b. p. 48. and in that Case it is made a quere in Dyer and having not met with any Resolution in the point I shall not presume to give my opinion in the Case but leave it to the determination of the learned But in that Case by the Canonist requiritur Sententia declaratoria Quaere I must consess Lindwood c quia incontinentiae vitium verb. ipso facto in this Chapter I may seem to transgress upon the Canonists and Civilians as well as in some other but I have gone no further upon this Subject than what I have met with in our own Books and I must agree that the Ecclesiastical Courts have the sole Jurisdiction in all Causes of Deprivation Depositions Resignations c. And yet the Judges of the Common Law have power to correct their proceedings if they shall proceed against the Rules of the Common Law which is the reason we meet with these things in our Books and it may be some advantage to the Civilians to know how far the Common Law approves of their proceedings and having said what I have to say upon this Subject I shall proceed next to shew what Leases Parsons Vicars and other Ecclesiasticks may make at this day of the Glebes Tithes Farms c. and within the danger of what Statutes they may fall CHAP. X. The Tenth Chapter shews what Leases Parsons Vicars and other Ecclesiastical Persons may make of their Glebe Tithes Farms c. and what Farms they may take and within the danger of what Statutes

Contra Rolls 1.640 q Plo. 470. a.b. that all sort of Wood that is usually imployed for the building of Houses Mils c. are gross Woods and within this Statute of which sort are Oak Ash Elm Beech Horse-beech and Horn-bean against the opinion in Molyn's case Contra Rolls 640 q. 7. Hob. 288. Rolls 640. q. 6 7 8. Hob. 219⸪ Noy 30⸪ Cro. Jac 199⸪ Asp is likewise esteemed a gross Wood being sometimes used for Timber but for Willows Hasels Hollies Maples Birch Alders Thorns c. of what age or bigness soever they be they are regularly to pay Tithes But if they be cut for fencing of grounds Cro. El. 499⸪ 609⸪ 2 Inst 652⸫ Cro. Car. 113. More 683. Roll 1.644 z. 1 2 3. or for fewel to be spent in the Houses of the owner within the same Parish no Tithes shall be paid of them But if by Custom Tithes have been paid of such Wood the Custom is to be observed So if a man cut Wood for the burning of Bricks Of what Wood Tithe shall not be paid Roll 1.645 z. 8 9. Burning Bricks Roll 1.645 z. 10. which are imployed for the repair of houses and buildings of the owner within the same Parish no Tithes shall be paid for it but if he make Bricks to sell or for making of houses of pleasure or other than for necessary Habitation he shall pay Tithe for the Wood spent therein if Tithable If a man convert his Land into a Nursery for fruit-trees or other trees Nurseries Roll 1.637 E. 6. Cro. Car. 526. Jones 416. and sell them for profit to such as transplant them into other Parishes he shall pay Tithes of them If a man cut his Coppice Wood Grubbed Wood Roll 1.637 E. 7. and pay Tithe of them and soon after grub up the roots to cleanse the ground he shall not pay Tithes of them Upon the whole matter it is left a little uncertain which shall be accompted gross Wood because in some Countries almost the meanest sort of Wood are used for building and the Judgments in our books vary some allowing one thing for Timber which another contradicts but the proper and undeniable Wood for Timber are Elm Ash and Oak which are used for Timber in all Countries and Places as Timber It rests now to shew in what Cases such Wood as are accompted gross Wood shall pay Tithes If Oak Ash Elme c. which are esteemed Timber in the Countries where they grow be cut under one and twenty years growth they are accompted Sylva caedua and ought to pay Tithe But the Loppings of great Oaks Loppings of trees 2 Inst 643⸪ Cro. Jac. 100⸪ More 762⸫ Plow 470. b. Roll 1.640 q. 13.4 Co. 11.48 b⸪ Ashes c. though the Lops be under twenty years growth shall not pay Tithes for they are priviledged by the bodies neither shall Tithes be paid of the shoots and under-wood which grows from the roots and stocks of such Timber-trees and trees above the growth of twenty years which have been felled Nor shall Tithes be paid of the Bark of such Trees as are Timber-trees Bark 2 Inst 643. Co. 11 49.a⸫ and priviledged from the payment of Tithes But Tithes shall be paid of the mast acorns c. of Timber-trees because the same is of annual increase 2 Inst 643. Dotards 2 Inst 643⸫ Cro. El. 477. Roll 1.640 q. 2. Co. 11.49 a⸫ Rolls 1.640 q. 1. Neither shall Tithes be paid of Timber-trees which become dotard and are become arida sicca non portans folia in aestate nec existens maheremium If one lopp Oaks Ash c. under twenty years of age and after let them grow above twenty years of age no Tithes shall be paid of them or their Lops Wood mint with great and Vnderwoods Parsons Law 99. T. 19. Jac. B. R. Buckhurst vers Newman Parson of Staplehurst T. 36. El. B. R. per Henden It hath been held that if a Wood ground be mixt with Woods tithable and Woods not tithable and the greater part be such as are not tithable it shall priviledg the rest and pay no Tithe but if the greater part be tithable it shall pay Tithe of such part as is tithable for where the greater part is great Wood the whole shall be called grand Wood à majore It hath been a question amongst the Canonists Who shall pay the Tithe of Wood. Lindwood c. Quanquam ex silventibus verb. Sylvarum pos cap. Quia quidam maledictionis verb. asportan who shall pay the Tithes of Wood tithable the buyer or the seller Mr. Lindwood in his Gloss upon the Canon before recited seems to be of opinion that the buyer shall pay the Tithes Quia verum enim est quod decima sequitur fructus cum onere decimae transferuntur fructus in alterum and this opinion of his seems reasonable where the Owner of the wood sells the whole wood together or parcels it out and the buyers cut it but if the Owner of the Wood cut it himself and then sells it by parcels there it seems reasonable that the Owner of the Wood should pay the Tithe Roll 1.656 l. 1. but by the Common Law the Parson may sue the one or the other at his Election And it is to be observed Roll 1. 637 f. that a whole Province County or Hundred may prescribe in non decimando of Woods Prescription of not Tithing of Wood. as in the Wilds of Kent and Sussex and other places and therefore the Commons in the 18 El. upon the making of the aforesaid Canon moved in Parliament that no man should be drawn in Plea in the Court Christian for the Tithes of Wood or Underwood except in such places where such Tithes have been used to be paid Roll 1. 637. f. for by the strict Letter of this Canon Tithes were to have been paid of all manner of Wood great and small in all places to which the Answer is recorded Let it be done in this also as has been done before time The manner of the payment of Tithe wood must either be by the measure of the ground by Poles The manner of paying Tithe Wood. Pearches c. as 't is in some parts of Lincolnshire or every tenth Faggot Billet c. as 't is paid of Corn and other things but in this as in all other Cases the Custom of the place is to be observed But no Tithe shall be paid of Wood cut for Hop Poles to be used in the same Parish White vers Arch. M. 15. Jac. C. B. where the Parson hath the Tithe of the Hops CHAP. V. The Fifth Chapter shews where and in what Cases Tithe is due for the herbage or agistment and Pasturage of Cattle and who is to pay the same I Am now come to speak of the Tithe of herbage In what Cases Tithe Herbage is due agistment or depasturing of Cattle for which I find no