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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

ordained or made a minister or giving any order or license to preach c. but is more severe upon the Clergy-man than the Officer for the Officer only forfeits forty shillings but the Clergy forfeits ten pounds and all the Livings he shall take within seven years are made void by this Law after Induction so that for seven years an Incapacity lyes upon the Clerk how careful ought Clergy-men to be what Fees they give for their Orders And note the manner of the penning of this paragraph that the Church shall not be void till after Induction The first Paragraph makes the presentation institution and induction and all void So that the Church in that case is never full The second Paragraph makes it void not till after the corrupt admission institution installation induction investure or placing and this not till after induction by which means the Grantee of the next avoidance that presents such Clerks cannot present again and so it is where the Patrons present by turn Co. 8 102.a⸪ the presenting such a Clerk will satisfy a turn if inducted Lastly How the forf are to be recovered observe all pecuniary forfeitures and penalties within this Statute are given to the King and Informer and are to be recovered by Bill Plaint Action of Debt or Information in any of his Majestie 's Courts of Record that is the Chauncery King's Bench Commonpleas and Exchequer at Westminster but not in any inferior Court of Record and no essoin priviledg protection or wager of Law is to be allowed but I conceive the priviledg or protection of Parliament are not intended in these general words but the common protections and priviledg of Officers and Courts Quaere Ideo quaere inde It is not proper for this discourse to examine by what Authority any thing at all is taken for giving Orders See a Canon against it and what F●es shall be taken by the Clerks Lindwood c. saeva miseratis Mat. 10. v. 8. Admissions Institutions c. Since our Saviour says Gratis accepistis gratis date But he that has a mind to satisfy himself therein let him read that most excellent History of the Council of Trent Pag 492 493 494 c. which is faithfully translated by Sir Nathaniel Brent where this point is excellently discussed Pro. and Con. where I will leave my Reader and conclude this Chapter and in the next place shew my Parson Vicar c. what he is to do before at and after his Admission Institution and Induction CHAP. VI. The Sixth Chapter shews what a Clerk is to do before at and after his admission institution and induction to make him a complete Parson NO Man at this day is capable to be Parson Vicar c. Every Parson and Vicar must be a Priest before he is a Priest in Orders which he cannot be before he is four and twenty years of Age as has been said 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 by the late Act of Uniformity Stat. 14. Car. 2. cap. 4. Subscription and Certificate Secondly he must make his Subscription according to the said Act and have a Certificate from the Bishop or c. under his Hand and Seal that he hath so done and then within two Months after he is inducted he must upon some Sunday or Lord's-day during Divine Service that is Read Prayers after some part of the Divine Service of the Church for that day appointed is read Read the Articles and before the whole is finished read the nine and thirty Articles of Religion in the Parish Church c. Stat. Supra into which he shall be inducted and declare his unfeigned assent and consent to all that is therein contained and he must likewise within two Months after actual possession of such Benefice c. which is intended within two Months after induction or installation c. read the Book of Common Prayer that is the whole Service of the Church appointed for that day as it is there appointed and likewise declare his assent and consent to all the matters and things therein contained in these words St. t. supra I. A. B. do declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book intituled Declaration The Book of Common Prayer and Administration of the Sacraments and other Rites 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 and the form or manner of making Ordaining and Consecrating of Bishops Priests and Deacons And if any Parson Vicar c. fail in the doing of any of these things before-mentioned or any of these things be neglected the Church becomes void and the Clerk that makes such failure in case he shall sue for his Tithes or any other Church duty or other thing belonging to his Church if the Defendant insist upon it must prove the doing of all these things But usually the Judges in favour of the Clergy after they have been in possession of their Livings ten or twenty Years or any considerable time will presume all these things regularly done and will not put the Parsons c. to the precise proof of them And it is to be observed that the Parsons Vicars c. must upon the acceptance of every new Living or Ecclesiastical preferment within this Law repeat all these things for the performance of all these things upon the taking of one Living will not satisfy for any other I shall give my reverent Clergy Men therefore this caution Advice to the Clergy that if any of them have accepted any Ecclesiastical preferments and have negligently omitted any of these things and that thereby may be lapsed to the King that they obtain presentations from the King ad Corroborandum and that thereupon they perfect all their former neglects And for the future I advise them that they first have some credible Witnesses present when they make their Subscriptions before the Bishop and that they attest the Bishop's Certificate and that they get two Books of Articles and that when they read the thirty nine Articles they give one of those Books of Articles to some credible Parishioners to read with them and then attest the Book that they were present and heard the Clerk read the said thirty nine Articles during the time of Common Prayer and declared his unfeigned assent and consent to all the matters and things therein contained by subscribing their names thereunto and that the Clergy Man keep safely the said Book of Articles with this attestation And I advise that when he reads the Book of Common Prayer which must as above is said be read Morning and Evening in all things which is prescribed therein within two Months

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

that none of the said Arch-Bishops c. be thereof chargeable of to It seems a Canon would not justifie an Imprisonment or upon any Action of false or wrongful Imprisonment but that they be utterly thereof discharged in any of the cases aforesaid by vertue of this Act. This Law for ought I know stands still in force 31 H. 8. c. 14. made Felony to use their own Wives but there was a severe Law made in the 31 H. 8. whereby it was made Felony for a Priest carnally to use a Woman to whom he had been Married or contracted or if he kept company or familiarity with her or if any Priest kept a Concubine as by paying for her board maintaining her with Money or other gifts or means to the evil example of others he should forfeit all his Goods Cattels and Spiritual promotions and be put in Prison for the first offence and the second offence to be Felony But this seeming too severe was the next Year repealed and it was enacted 32 H. 8. c. 10. mitigated That such Offender should for the first offence lose all his Goods Chattels and Debts and lose the profits of all his Ecclesiastical promotions but one for his life for the second offence to forfeit his Goods Cattel and Debts and the profits of all his Lands and of all his Spiritual Benefices Promotions and Dignities for his life And for the third offence should make the like forfeiture and be Imprisoned during life By an Act of Parliament made in the 31 of H. 31 H. 8. c. 14. The 6 Articles makes the marriage of Priests Heresie 8. which is commonly called the Act of the six bloody Articles by the third Article it was declared that Priests after they have received Orders might not Marry and to affirm the contrary thereof was made Heresie and Treason by that Act but this bloody Act was repealed by 1 E. 6. cap. 12. By the Statute of 2 and 3 E. All Laws against marriage of Priests made void 6. cap. 21. all Laws Statutes Canons and Ordinances and Constitutions made against the Marriage of Priests are made null and void And by another Statute made the fifth and sixth of E. Children legitimate 6. cap. 12. It is adjudged and declared that the Marriage of Priests is Lawful and legitimates their Children and makes them capable to endow their Wives and to be Tenants by the Courtesy But these Laws were repealed by the Stat. of 1 Mariae cap. 1. However it came to pass I know not 1 Jacob. c. 25. but for ought I can find these Acts lay repealed all Queen Elizabeth's time till 1 Jac. then the latter Act was revived and made perpetual and their Children made ligitimate So that upon the whole matter all acts of Parliament Canons Constitutions c. that restrain the Marriage of Priests or the Illigitimation of their Children are made null and void but the Canons and Acts of Parliament that punish their Incontinency stand in force Next let us see what Priviledg the Clergy have right to at this day CHAP. XI The Eleventh Chapter shews what Priviledges belong to the Clergy at this day by the Common and Statute Laws of this Realm THE Laws of this Realm have allowed the Clergy in holy Orders many great Priviledges First The Priviledge of the Clergy 2 Inst 3⸪ 625. 4⸪ May not be Officers temporal 5 E. 3. c. 5. 1 R. 2. c. 15 Must not be arrested in Church or Church-yard in their Persons they are not compellable to serve in any Temporal Office as Sheriff Constable Overseer of the Poor c. Neither can they be prest to serve in the Wars neither may they be arrested in the Church or Church-yard when they are attendant on divine Service upon pain of Imprisonment and ransom at the Kings pleasure and likewise to make agreement with the Party And by a Statute made i. 1 Mariae Sess 2. cap. 3. Most not be distarbed praying or preaching Mariae It is enacted That if any Parson c. of their own Power and Authority at any time c. shall or do willingly or of purpose by open and overt word fact act or deed maliciously or contemptuously molest lett disturb vex or trouble or by any other unlawful way or means disquiet or misuse any Preacher or Preachers c. licensed allowed or authorized to preach by the Queen or by any Arch-bishop or Bishop of this Realm or by any other lawful Ordinary or by either of the Vniversities c. or otherwise lawfully authorized or charged by reason of his or their Cure Benefice or other Spiritual Promotion or Charge in any of his or their Sermon or Collation in any Church Chappel or Church-yard or in other place appointed to be preached in Or if any Person c. shall maliciously willingly or of purpose molest lett disturb vex disquiet or otherwise trouble any Parson Vicar Parish-Priest or Curate c. saying doing singing ministring or celebrating mass or other divine Service Sacraments c. that at any time then after shall be allowed set forth or authorized by the Queen's Majesty That the Offender upon Conviction before two Justices of the Peace shall by them be committed to the Goal without bail or mainprise for three months and after to the next Quarter Sessions where if he repent and be reconciled then to be discharged of his Imprisonment finding sureties for his good behaviour and if he fail therein to be continued till the next Quarter Sessions c. This Act though made in the time of Popery is still in force and may be executed upon such as disturb the present Ministers Parsons Vicars and Curates c. And though it refer to such Church-Service as then after should be settled by the Queen yet I conceive it extends to her Successors and a settlement by Act of Parliament is a settlement by the King in the most superlative manner and the late Act for Uniformity declares and enacts 14 Car. 2. c. 4. that all former Acts for Uniformity of Common Prayer shall be of force and extend to the Book of Common Prayer The Bodies of Clergy-men cannot be arrested upon any Capias sued forth upon any Statute-Staple or Statute-Merchant Must not be arrested for the Process are made out conditionally Si Laicus fuerit and if the Sheriff or any other Officer arrest a Clergy-man upon any such Conditional Process I conceive an Action of false Imprisonment lyes against him that does it or he may have a special Supersedeas out of the Chancery Regist 147. that is the Cursitors Office Priviledg in their goods Regist 260. a. Free from Tolls And every Parson Vicar c. is by the Common Laws of England free from the payment of any tolls in all Fairs and Markets not only for all the Goods and Merchandizes gotten upon their Church-Livings but also for all Goods and Merchandizes by them bought to be