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
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
containeth any thing in it that is Repugnant to the word of God or that they who are so made are not Lawfully made and Ordained they are to be Excommunicated ipso facto and not to be restored till they Repent and Publickly Revoke such wicked Errors Gan. 8. Also if any affirm that the King's The Penalty of such as Impugne the King's Supremacy c. Majesty hath not the same Authority in Causes Ecclesiastical that the godly Kings had amongst the Jews Or Impeach in any part his Regal Supremacy Or affirm that the Church of England by Law established under the King's Majesty is not a true and an Apostolical Church Or that the Form of God's Worship contained in the Book of Common-Prayer and Administration of Sacraments is Corrupt Superstitious and Unlawfull Or that any of the 39 Articles of Religion made in the Year 1562. are in any part Superstitious or Erronious Or that the Rites and Cerimonies established in the Church of England are wicked Antichristian or Superstitious Or that the Government of the Church of England under his Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or Repugnant to the word of God they are also ipso facto to be Excommunicate and not to be restored till they Repent and Publickly a revoke such wicked Errors Can. 2 3 4 5 6 7. And if any affirm that such Ministers The punishment of such as affirm that such Ministers as refuse to subscribe to the form of God's Worship in the Church of England may take unto the Name of another Church c. as refuse to subscribe to the form of God's Worship in the Church of Engl. and their Adherents may take unto them the Name of another Church not established by Law or that they a long time groaned under the burthen of certain grievances imposed on them Or that there are other Assemblies of the King's Subjects within the Realm other then such as by the Laws of this Kingdom are held and allowed to be such who may rightly challenge to them selves the Name of true and Lawfull Churches Or that it is Lawfull for any Ministers or People to joyn together and make Constitutions in Causes Ecclesiastical without the King's Authority They are to suffer the like pain of Excommunication and not to be restored till Repentance and Publick Revocation of their Errors Can. 10 11 12. The punishment of these which affirm that the Sacred Synode of the Nation assembled by the King's Authority is not the 〈◊〉 Church by Representation Likewise if any affirm that the sacred Synode of the Nation assembled in the Name of Christ and by Authority of the King is not the true Church of England by Representation Or that none are bound by the Decrees of such Synode that are not present there themselves or do not agree to them Such Person so affirming is to be Excommunicate and not to be restored till he Repent and Publickly Revoke his Errors Can. 139. 140. How Ministers are to be Apparelled Note That all Ministers shall usually wear Gowns with standing Collers and Sleeves straight at the Hands or wide Sleeves as is used in the Universities and in their Journies they shall usually wear Cloaks with sleeves commonly called Priests Cloaks without Gards Welts long Buttons or Cuts and no Ecclesiastical Person shall wear any Coif or wrought night Cap but only plain night Cap of black Silk Satten or Velvet and in private Houses and in their Studies They may use any comely and Schollar-like Apparel provided it be not Cut or Pinkt and that in Publick they go not in their Dublet and Hose without Coats or Cassocks and also that they wear not any light coloured Stockins likewise Poor Beneficed-men and Curates not being able to Provide themselves long Gowns may go in short Gowns of the Fashion aforesaid Can. 74. Ecclesiastical Persons not to frequent Taverns or Ale-houses No Ecclesiastical Persons shall at any time other then for their honest necessities resort to any Taverns or Ale-houses neither shall they board or lodge in any such places Nor shall they give themselves to any base or servile labour or to drinking or riot spending their time idlely by Day or by Night Playing at Cards Diee or Tables or any other unlawfull Game But at all times convenient they shall hear or read somewhat of the Holy Scriptures or shall occupy themselves with some other honest study or exercise alwaies doing the things-that-shall appertain to Honestie and indeavouring to profit the Church of God having alwaies in mind that they ought to excell all other in purity of Life and should be Examples to the People to Live well and christianly under pain of Ecclesiastical Censures to be inflicted with severity according to the Qualities of their Offences Can. 75. Ministers not Relinquish their callings No man being admitted a Deacon or Minister shall voluntarily Relinquish the same nor afterwards use himself in the course of his Life as a Lay-man upon pein of Excommunication Can. 76. CHAP. II. What things are required both by the Laws of this Kingdom and the Canons in force to be observed and performed by Ministers upon and after their Admission Institution and Induction to a Living with some few things relating to the Convocation And lastly the King's Majestie 's Letters and Directions in the fourteenth year of his Reign to the Archbishop of Canterbury concerning the Clergy SUCH Person as is Qualified as the He who is presented to a Living must carry his Presentation to the Bishop c. Law requires and hopes to obtain a Living and is promised to be presented according to Law must in the first place get a Presentation from the right and undoubted Patron of the Church where he designs to be Parson the form of which Presentation see in the fifth Chapter and after such Presentation obtained he is within six Months after the Church becomes void by Death Creation or Cession of the last Incumbent to tender his Presentation to the Bishop of that Diocess within which the Church is or to his Vicar General or in the Vacation when there is no Bishop of such Diocess to the Guardian of the Spiritualities to whom the Law allows a reasonable time to Examine his Abilities for the Ordinary is not bound to dispatch him as soon as he goes but may appoint him a convenient time within the six Months to attend him for his Approbation Hob. Rep. f. 317. Hughe's Parson's Law cap. 11. 15. H. 7. 7. b. Examin del Incumbent deg cap. 2. Hughe's grand abridgm 1 part p. 134. Case 5. What Admission and Institution signifie And if the Bishop or Ordinary c. upon Examination of the Clerk find him capable and able he may then admit and Institute him Admission in propriety of Speech is when the Bishop finding the Clerk able saith admitto te habilem and Institution is when the Bishop saith
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
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
bound to take notice at his Peril as aforesaid see Tr. 39 Eliz. B. R. in Holland's Case Co. Rep. 4 Lib. f. 75 b. 76. a. H. 41 Eliz. B. R. in Digby's Case f. 79. b. Davis Rep. 69. a. M. Rep. f. 542. pl. 719. Roll's Cases 2 part f. 360 361. L. 1 2 3 4. Cro. Car. f. 357. vide Tr. 14 Car. 1 B. R. the King and the Bishop of London and Baldock's Case Jones Rep. f. 404. and see f. 337 P. 7 Eliz. Dyer f. 237. a. pl. 29. 255. a. pl. 5. If an Incumbent be deprivable the Church is full till deprivation If an Incumbent be deprivable yet the Church is not void before deprivation if after a Caveat entered c. a Clerk is Presented Instituted and Inducted although this be accounted Illegal by the Canon Law yet the Church by this is full according to our Law for the breach of the Caveat is only a breach of the Canon and makes not the Institution void M. 15 Car. 1 inter Phipps Hayter per curiam Roll's Cases 2 part f. 361 M. 2 3. vide Doder pa. 74. How the six Months for Lapse shall be accounted The six Months whereby Lapse is Incurred shall be accounted from the time of the last Incumbent's death as it is said in Catesbie's Case Co. Rep. 6 Lib. f. 62. b. and the six Months are to be accounted and reckoned according to the Kalender in dividing the Year into days to wit 182 days and for the odd day in the Year the Law doth not regard it Hol. Rep. f. 100. Cro. Jac. f. 141. f. 166. pl. 6 Co. 2 part Inst f. 361. M. 4. Jac. C. B. Catesby and Bishop of Peterborough and Baker's Case Co. Rep. 6 Lib. f. 61. b. When the Patron is bound to take notice to prevent a Lapse and when not If the Living become void by Death Creation or Cession of the last Incumbent then the Patron is bound at his Peril to take notice to present within six Months 26 H. 6. 29. b. Dyer f. 237. a. 255. a. but if it become void by Deprivation or Resignation then he may present within six Months after Legal notice given to him by the Ordinary Dyer f. 327. â— Doct. Stud. 2 part cap. 31. Roll's Cases 2 part f. 364. Who is to give notice to the Patron In such Cases where the Patron is to have notice before the Church can Lapse he ought to have it from the Bishop himself or Ordinary which notice must be given personally to the Patron if he lives in the same County and if he live in another County theâ— the notice may be published in the Parish Church and affixed on the Church door and this notice must express in certain the cause of deprivation c. Dyer f. 328. a. Hill 18 Eliz. Bacon and the Bishop of Carlisle and Whitton's Case Dyer f. 346. a. b. and note it is there said that the Opinion of the Civillians was that such notice ought to be vere proprie personaliter non ficte see M. 30 31 Eliz. B. R. Albany and the Bishop of S. Asaph's Case Cro. Eliz. f 119. Leon. Rep. 1 part f. 31. pl. 39 Tr. 44 Eliz. B. R. Green and Baker's Case Co. Rep. 6 Lib. f. 29. vide Hob. Rep. f. 318. Hel. Rep. f. 7. and Roll's Cases 2 part f. 365. T. 1 2. The Patron after Lapse incurred may present before the Bishop Collate In all Cases where the Church doth Lapse to the Bishop or Archbishop and the Patron doth present his Clerk before the Bishop or Archbishop have Collated the Bishop c. is bound to admit the Clerk of the true Patron and cannot take advantage of the Lapse but if the Bishop Collate and the Patron present before Induction he comes then too late 13 E. 4. f. 3. b. 11 H. 4. 80. a. vide Tr. 10 Eliz. Dyer f. 277. a. pl. 56. Roll's Cases 2 part f. 367. A. 1 2. if the Bishop Collate wrongfully and the Patron dyes the Executors may bring a Quare Impedit to remove the Clerk Leon. Rep. 4 part f. 15. pl. 53. Lapse shall incurragainst on Infant or Feme Covert If an Infant Patron or Feme Covert do not present where they have Title within six Months their Churches shall Lapse to the Ordinary 33 E. â— Quare Impedit 46. Roll's Cases 2 part f. 367. H. 1 2. Where Lapse shall incurr without notice and where not If the Ordinary refuse a Clerk because he is Criminosus or Illiterate in this Case the Patron shall not have six Months to present after notice given but from the avoidance but in such Case no Lapse shall accrew unless the Patron shall have notice and if the Clerk be refused for a private cause oâ— for a notorious crime as that he is â— common Advowterer or a Murdereâ— yet no Lapse shall be of such Church without notice but if a Spiritual Patron present a Clerk who is refused because he is illiterate in such Case it shall Lapse without notice because thâ— Law supposeth that he may have Cognizance of his sufficiency before he presents him vide M. 15 16 Eliz. Dyer f. 327. b. pl. 7. 14 H. 7. 21. a. Rell f. 49 b. 50. b. 38 E. 3. 2. Roll's Cases 2 part f. 364 Q. 8 9 R. 1 2 3 4 5 and see P. 12 Eliz C. B. Bennyfield and Pickering's Case An. Rep. 1. part f. 16. pl. 34. f. 62 63. f. 30. pl. 70. From what time the six Months shall be reckoned If a Church become void by Deprivation or Resignation the six Months shall be reckoned from the time of the notice given to the Patron and not from the avoidance and if a Resignation be made to the Bishop no Lapse accrews without notice and the six Months to be reckoned from that time so if the Bishop dyes who takes the Resignation yet no Lapse shall accrew to his successor or without notice given to the Patron and where notice ought to be given and none is given within eighteen Months by which the King ought to have presented by Lapse if notice had been given yet in this Case no Lapse shall accrew to him because no Lapse shall be given to the King where no Title of Lapse was to the inferiour Ordinary because the King comes in to supply his default 1 H. 7. 9 Doct. Stud. 2 Lib. cap. 31. 5 E. 4. 3. b. Rell 49. b. Dyer f. 348. a. Roll's Cases 2 part f. 364 Q. 10. 365 R. 7 8 9 S. 1 2. 367 Z. 3. vide Tr. 24 Eliz. C. B. the Queen and Bishop of Lincoln and York's Case An. Rep. 1 part f. 62. pl. 136. In a Quare Impedit against a disturber the Bishop not being named in the How a Lapse shall be prevented when the Bishop is not named in a Quare Impedit Writ if the Plaintiff recover within the six
What shall be accounted no Benefice with cure No Deanry Archdeaconry Chancellorship Treasurership Chantership or Prebend in any Cathedral or Collegiate Church nor Parsonage that hath a Vicar endowed nor any Benefice perpetually appropriate are to be taken or comprehended under the name of Benefice with cure of Souls 21 H. 8. cap. 13. The Archbishop of Canterbury for The Archbishop of Canterbury may grant Dispensations c. the time being and his Successors after good and due examination by them had of the causes and qualities of the Persons procuring for Licences Dispensations Compositions Faculties Delegacies Rescripts Instruments or other writings by themselves or by their sufficient Commissary or Deputy by their discretions from time to time have power to grant and dispose by an Instrument under the Name and Seal of the said Archbishop to any of the King's Subjects all manner of such Licences Dispensations Faculties Compositions Delegacies Rescripts Instruments or other writings for any such cause or matter whereof heretofore such Dispensations c. have been accustomed to be had at the See of Rome or by the Authority thereof or any Prelate of this Realm but no such Licences c. which have not been accustomed to be had or obtained at the Court of Rome nor by Authority thereof nor by any Prelate of this Realm shall be granted without the approbation of the King and his Council upon pein that the Granter of such Licences c. shall make fine at the King's will and pleasure 25 H. 8. cap. 21. And no manner of Dispensations Licences c. to be granted by the What Licences c. are to be confirmed under the King 's great Seal Archbishop or his Commissary whose Tax for the Expidition thereof at Rome extended to the sum of four pounds or above are to be put in Execution till the same be first confirmed by the King under the great Seal and Inrolled in the Chancery by the Clerk appointed for the same which writing under the Archbishop's Seal and the Confirmation thereof under the great Seal are to be remitted to the parties from time to time procuring the same but such Licences c. whose Tax for the Expedition thereof at Rome was under four pounds shall pass under the Archbishop's Seal and need not be confirmed under the great Seal unless the parties desire to have them confirmed and in such Case they are to pay for the great Seal only five Shillings and not above over and besides such Taxes as are to be paid for the writing making registring confirming and inrolling of such Licences c. under the said Tax of four pounds and all such Licences c. granted as aforesaid have the same force and power as those formerly obtained of the See of Rome any decree Canon Decretal c. to the contrary notwithstanding and both the Archbishop's Clerk or Register for Dispensations Faculties c. and the King 's inrolling Clerk in Chancery must subscribe their names to every such Licence Dispensation c. that shall come to their Hands to be written made granted sealed confirmed registred and inrolled in Form aforesaid and those that receive more for Dispensations c. than is set down in the Books of Taxes one whereof remains with the Archbishop's Register of Faculties c. and the other with the King 's inrolling Clerk of Dispensations c. in Chancery are to forfeit ten times the value of what they so exact and receive one Moiety to the King and the other to the Informer 25 H. 8. cap. 21. Note that it is provided by the said What remedy where the Archbishop refuseth to grant Dispensations c. Statute 25. H. 8. that nothing therein contained shall be prejudicial to the Archbishop of York or to any Bishop or Prelate of this Realm but that they may Lawfully dispence in all causes in which they wont to dispence by the Common Law or custome of thâ—â— Realm afore the making of the saiâ— Act with a Proviso also that when thâ— See of Canterbury should at any timâ— be void that then such Licences Dispensations c. may be granted undâ— the Name and Seal of the Guardian â—â— the Spiritualities of the said Archbishoprick for the time being according to the Form aforesaid which shall have the same force as if they had been granted by the Archbishop himself and it is further enacted that if the Archbishop of Canterbury or Guardian of the Spiritualities do refuse to grant such Licences Dispensations c. as aforesaid then the Chancellor of England or Keeper of the great Seal for the time being upon complaint thereof shall direct the King 's Writ to the said Archbishop or Guardian so refusing enjoyning him thereby upon a certain pein therein to be Limited by the discretion of the said Chancellor or Keeper of the great Seal that he do in due Form grant such Licence Dispensation c. according to the Request of the Procurers of the same or else signify to the King in Chancery at a certain day the occasion why he denies the same and if it appear to the Chancellor c. by such Certificate that the cause was reasonable and good and being proved by due search and examination of the said Chancellor or Lord Keeper it is to be allowed and if it appears upon the said Certificates that the said Archbishop or Guardian wilfully without just cause do refuse or deny to grant such Licences c. then it being made appear to the King that such Licences c. may be granted without offending the Holy Scriptures and Laws of God his Majesty in such Case may send his Writ of Injunction under the Great Seal out of his Court of Chancery commanding the Archbishop or Guardian so refusing c. to make sufficient grant theof by a certain day under a certain pein and if the Archbishop or Guardian after the recept of the said Writ refuse or deny to grant such Licences c. and shew and prove before the King's Majesty no just cause for the same then the said Archbishop or Guardian so refusing shall forfeit to the King such penalty as is expressed in the said Writ of Injunction and the King may grant his Commission under the great Seal to any two Spiritual Prelates whom be pleaseth as will grant the same Licences c. so refused to be granted by the Archbishop or Guardian as aforesaid and such Licences c. granted by such two Prelates shall have the same force as if they were granted by the saiâ— Archbishop or Guardian 25 H. 8. cap. 21. And it is further provided that this The penalty for suing to the Court of Rome for Dispensaâ—ions c. Act shall not extend to the repeal or derogation of the 21 H. 8. cap. 13. nor to give Licence to any Person or Persons to have any more number of Benefices than is Limitted in the said Act and it is also provided that if any Person or
If a Writ of Annuity should be brought against a Parson or Vicar upon Recovery in a Writ of Annuity against a Parson binds not the Successor a feigned Prescription or Grant supposed to be made before the Statute and he Prays in aid of the Patron and Ordinary and the Plaintiff obtains a Verdict and all this is done by Practice and Fraud charge the Glebe this shall be void against the Successor for although the Annuity charge the Parson or Vicar and not the Possessions yet this is within the mischief to Wit the impoverishing of the Successor cause of Dilapidations and decay of Spiritual Livings and Hospitality which are the mischiess mentioned in the Preamble Co. Rep. 5 Lib. f. 14. b. Eytru's Case there cited vide Co. Rep. 10 Lib. f. 61. a. Bridg. Rep. f. 30. Plea to a bad where bad A Parson became bound in an Obligation with condition not to be absent from his Benefice by the space of 80 daies in one Year not permute or resign without the consent of the Patron and afterwards he became non resident and the Bond being sued he pleaded the Statute 14 Eliz. by which all Leases of Parsons made of their Benefices and all Obligations for injoying where they are absent by 80 daies et ultra in one Year shall be void and averred that he was absent 80 daies and saith not ultra and this upon demurrer was adjudged an ill Plea for he may be absent for 80 daies and come again in the Night of the 80 day and then the Bond is not void H. 30 Eliz. B. R. Gosnall and Kindlemarsh Case Cro. Eliz. f. 88. pl. 10. 490. pl. 7 M. 37 38 Eliz. B. R. Rot. 31. Earl of Lineoln and Hoskin's Case M. 26 Eliz. B. R. Coxe's Case Leon. Rep. 3 part f. 102. pl. 148. P. 30 Eliz. B. R. S. John and Pettit's Case Leon. Rep. 1 part f. 100. pl. 129. Lease in Reversion not binding to the Successor The Dean and Chapter of Pauls made a Lease of an House in London to one for forty Years which House was then in Lease for 10 Years to another and this Lease was adjudged void by the 13 Eliz. and not warranted by the 14 Eliz. which makes Leases of Houses in Cities to be good for 40 Years so as it be not in Reversion of any other Lease for although this Lease be to Commence immediately yet it is in Law a Lease in Reversion and therefore within the words of the Statute and shall be avoided by the Successors P. 39 Eliz. C. B. Hunt and Singleton's Case Cro. Eliz. f. 564. pl. 25. vide Co. Rep. 3 Lib. f. 60. a. Roll's Cases 1 part f. 159. Acceptance it will make the Lease good where not Note where a Lease is void ipso facto by the Death of the Lessor there no acceptance of the Rent by the Successor will make the Lease good as if a Parson Vicar or Prebend make a Lease not warranted by the Statutes for one and twenty Years rendring Rent and dyes here no acceptance of the Rent by the Successor will affirm the Lease because the same was void without entry or Ceremony but if a Parson Vicar or Prebend make a Lease not warranted by the said Statutes for life or lives reserving Rent and dye and the Successor before entry accepts the Rent or receives fealty of the Tenant then such Lease shall bind him for his time for this being an Estate of freehold cannot be avoided before entry Co. Rep. 3 Lib. f. 65. a. 11 E. 3 Tit. Abbot 9. 8 H. 5. 19. 37 H. 6. 3. 24 H. 8 Tit. Leases Br. 19. F. N. B. 50. Dyer f. 239. b. Acceptance where it bindâ— But if a Bishop make a Lease for Years not warranted by the Statutes and dye if the Successor accepts the Rent he shall not avoid the Lease during his time Co. Rep. 3 Lib. f. 65. a. or if the Bishop appoint a Bailiff to receive his Rents and he receives the Rent from such Tenant amongst the rest of the Tenants who holds by such voidable Lease and pays the same over to the Bishop with the other Rents not acquainting the Bishop therewith and he receives the Rent this is a good acceptance and shall bind the Bishop H. 5 Jac. C. B. between Wheeler and Danby adjudged by the Court Roll's Cases 1 part f. 476 D. 1. vide Cro. Car. f. 95. Where it binds not If a College make a Conveyance in Fee within the 13 Eliz. reserving Rent and the Master dyes and his Successor being Master accepts the Rent and gives a note under his Hand of the recept thereof without putting his Seal to the same and without Authority of the College this acceptance shall not bind the College but they may enter during the Life of the Master who accepted the Rent Roll's Rep. 1 part f. 172. but having I fear Trespassed too much in this Chapter upon the Reader 's Patience I shall here conclude and proceed to the next CHAP. X. How Clergy men are Incapacitated to take Farmes or follow secular Affairs and how they are punishable for incominence by their Superiours 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 The Penalty of Spiritual Persons Farmiâ—g Lands c. FOr the more quiet and vertuous increase and maintainance of Divine Service and the Preaching and Teaching of the Word of God with godly and good example and increase of Devotion it is enacted by the 21 H. 8. that no Spiritual Person of what degree soever shall take to farm to himself or to any Person or Persons to his use of any Person whatsoever by Letters Patents Indentures Writings by Word or otherwise by any manner of means any Manors Lands Tenements or other Hereditaments for Term of Life or Term of Years or at Will upon pein to forfeit ten pounds for every Month he or any to his use shall occupy the same by virtue of such Lease or Grant one Moiety to the King and the other to the Informer to be recovered in any of the King's Courts 21 H. 8. cap. 13. The Penalty for buying and selling And it is further enacted that no Spiritual Person or Persons of what Estate or Degree soever they be shall by himself nor by any other for him nor to his buy to sell again for lucre gain or profit in any Markets Faires or other Places any manner of Cattel Corn Lead Tin Hides Leather Tallow Fish Wooll Wood or any manner of Victuals or Merchandize whatsoever on pein to forfeit the treble value of the things so brought to sell again one Moiety to the King and the other to the Informer to be recovered as aforesaid 21 H. 8. cap. 13. In what Cases they may sell goods c. But it is provided by the said Act that