if the Patient remove by advice of his Physitian bona fide for better Air and for the recovery of his health Co. Rep. 6 Lib. f. 21. b. Martin's Case M. 10 Jac. B. R. Boulstr Rep. 2 part f. 18. Who excusable for non residence by the Canon I shall now set down what is required by the Canons in force concerning Dispensations and non residence and first it is said no Licence or Dispensation for the keeping of more Benefices with cure than one shall be granted to any but such only as shall be thought very well worthy for his learning and very well able and sufficient to discharge his duty that is who shall have taken the degree of Master of Arts at the least in one of the Universities of this Realm and be publick and sufficent Preacher Licensed provided alwaies that he be by a good and sufficient caution bound to make his personal residence in each of his said Benefices for some reasonable time in every Year and that the said Benefices be not more than thirty miles distance asunder and lastly that he have under him in the Benefice where he doth not reside a preacher Lawfully allowed that is able sufficiently to teach and instruct the People Can. 41. Every Dean Master or Warden or Chief Governour of any Cathedral or Deans c. to keep residence Collegiate Church shall be resident in his said Cathedral or Collegiate Church fourscore an ten days conjunctim or divisim in every Year at the least and then shall continue there in Preaching the Word of God and keeping good Hospitality except he shall be otherwise let with weighty and urgent causes to be approved by the Bishop of the Diocess or in any other Lawfull sort dispensed with and when he is present he with the rest of the Canons or Prebendaries resident shall take special care that the Statutes and laudable customs of their Church not being contrary to the Word of God or Prerogative Royal the Statutes of this Realm being in force concerning Ecclesiastical Order and all other Constitutions now set forth and confirmed by his Majestie 's Authority and such as shall be enjoyned by the Bishop of the Diocess in his visitation according to the Statutes and customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed and that the petty Canons Vicars Coral and other Ministers of their Church be urged to study the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin Can. 42. No Prebendaries nor Canons in Cathedral or Collegiate Churches having Residence required in Prebendaries c. one or more Benefices with cure and not being residentiary in the same Cathedral or Collegiate Churches shall under colour of their said Prebends absent themselves from their Benefices with cure above the space of one Month in the Year unless it be for some urgent cause and certain time to be allowed by the Bishop of the Diocess And such of the said Canons and Prebendaries as by the Ordinances of the said Cathedral and Collegiate Churches doe stand bound to be resident in the same shall so among themselves sort and proportion the times of the Year concerning residence to be kept in the said Churches as that some of them alwaies shall be personally resident there And that all those who be or shall be residentiaries in any Cathedral or Collegiate Church shall after the dayes of their Residence appointed by their Local Statutes or Customs expired presently repair to their Benefices or some one of them or to some other Charge where the Law requireth their presence there to discharge their duties according to the Law in that Case provided And the Bishop of the Diocess shall see the same be duly performed and put in Execution Can. 44. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same Symony INtending in this Chapter to Treat of the detestable sin of Simony as the Canon calls it I shall first give you the derivation of the word as the Lord Cook defines it then shew you what the Canon saith concerning it and how the Parliament of England in the 31 of Queen Elizabeth hath taken care to prevent it and lastly the Book Cases upon it The Derivation of the word Simonia est vox Ecclesiastica à Simone illo Mago deducta qui donum Spiritus Sancti pecuniis emi putavit but this derivation of the word is thought by some to be most properly applicable to such as corruptly give Monies to get into Orders and not to such as give Monies to be Presented to a Living vide C. Inst 3. part f. 153. The Oath against it To avoid the detestable sin of Simony because buying and selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Livings is execrable before God therefore the Archbishop and all and every Bishop or Bishops or any other Person or Persons having Authority to Admit Institute Collate Install or to Confirm the Election of any Arch-bishop Bishop or other Person or Persons to any Spiritual or Ecclesiastical Function Dignity Promotion Title Office Jurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical Living whatsoever shall before every such Admission Institution Collation Installation or Confirmation of Election Respectively Minister to every Person hereafter to be Admitted c. the Oath in manner and form following the same to be taken by every one whom it concerneth in his own Person and not by Procter I N. N. do Swear that I have made no Simoniacal Payment Contract or Promise directly or indirectly by my self or by any other to my knowledge or with my Consent to any Person or Persons whatsoever for or concerning the procuring and obtaining of this Ecclesiastical Dignity Place Preferment Office or Living respectively and particularly naming the same whereunto he is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perform or satisfie any such kind of Payment Contract or Promise made by any other without my knowledge or consent so help me God through Jesus Christ Can. 40. The Penalty of Symoniacal Contraâ—is By the 31. Eliz. it is Enacted That if any Person or Persons Bodies Politick and Corporate shall or do for any Sum of Money Reward Gift Profit or Benefit directly or indirectly or for or by reason of any Promise Agreement Grant Bond Covenant or other Assurance of or for any Sum of Money Reward Gift Profit or Benefit whatsoever directly or indirectly Present or Collate any Person to any Benefice with Cure of Souls Dignity Prebend or Living Ecclesiastical or give or bestow the same for or in respect of any such corrupt cause or consideration That then every such Presentation Collation Gift and Bestowing and every Admission Institution
to give it under his hand to the Minister who is to send it to the Bishop of the Diocese or Ordinary of the place Provided that every Minister so repelling any for the causes aforesaid upon complaint to the Ordinary shall obey his Order and Direction therein and the Minister is to observe whether all his Parishioners come so often every year to the Communion as is required and whether any Strangers come commonly from other Parishes to his Church and shall acquaint their Minister with it least they be such as their own Ministers turn back that so they may be remitted and sent home to their own Parish Churches and Ministers there to receive the Communion with the rest of their own Neighbours Can. 26 27 28. No Ministeris to delay the Christning of any Child that is brought to him upon Ministers not to delay Christning or Burial Registers to be kept c. Sundays or Holy-days to be Christned nor to Bury any Corps brought to the Church or Church-yard convenient warning being given him thereof before upon pein in either of these cases to be suspended by the Bishop of the Diocese for three Months unless the party to be Buried were excommunicated majori excommunicatione and in such case he may refuse to bury him and if an Infant be weak and in danger of Death the Minister upon notice and request thereof is to goe to the place where it is and Baptise the Infant without delay upon like pein as aforesaid and not to be restored till he promise before the Ordinary not to incur the like again willingly but if the Minister keep a Curate then this shall not extend to the Parson or Vicar but to the Curate and no Minister can urge any Parent to be present nor is any Parent to be Godfather for his own Child nor is any Godfather or Godmother to make any other answer than is prescribed by the Book of Common-Prayer or to be admitted to be Godfather or Godmother to any Child at Christning or Confirmation before they have taken the Communion nor is any Minister to omit Signing every Infant at Baptism with the Sign of the Cross and in every Parish there must be provided a Parchment-Book at the Parish charge for Registring all Christnings Weddings and Burials in and this Book is to be kept in a Coffer with three Locks and Keys whereof one is to remain with the Minister and the other two with the Church-Wardens and upon every Sabbath-day after Morning or Evening Prayer they are to take the Book out of the Coffer and the Minister in the presence of the Church-Wardens must write down in the said Book the Names of all persons Christned together with the Names and Sirnames of their Parents and also the Names of all persons Married and Buried in that Church in the week before and the day and year of every such Christning Marriage and Burial and then the Book to be laid up again and to every page of the Book when it is filled with Subscriptions they are to Subscribe their Names and the Church-Wardens once every year within a Month after the five and twentieth day of March are to Transmit a true Coppy thereof to the Bishop of the Diocese or his Chancellour Subscribed with their hands as aforesaid to the end the same may be faithfully preferved in the Registrie of the said Bishop which Certificate is to be received without Fee Can. 68 69. 29.30.70 The Common-Prayer is to be said Ministers to reade the Common-Prayer upon Holy-days and all Wednesdays and Fridays c. or sung reverently upon all Holy-days appointed by the Book of Common-Prayer and their Eves at the usual time of the days in such place of the Church as the people may be most Edified and all Ministers are to observe the Rites and Ceremonies prescribed by the said Book without diminishing or adding any thing and Ministers upon Wednesdays and Fridays weekly though they be not Holy-days are to say the Littany and give warning to the people to repair to the Church by the Tolling of a Bell and in the whole Service and Administration of the Holy Communion in all Colleges and Halls in both the Universities the Ceremonies c. prescribed by the Book of Common Prayer are to be duly observed without adding or diminishing any thing and all the Masters Fellows Schollers and Students of such Colleges and Halls in their Churches and Chapels upon all Sundays Holy-days and their Eves at the time of Divine Service must wear Surplices and the Graduates Hoods upon their Surplices according to their several Degrees Can. 14 15 16 17. No Minister not Licensed by the Bishop None to expound unlâ—ss he be a Licenc'd Preacher c. to Preach is to take upon him to expound any part of the Scripture but is to reade the Homilies without making a gloss upon them nor is any Minister to suffer any Man to Preach within his Church or Chapel but such as are Lawfully Licensed nor are the Deans Presidents and Residentiaries of any Cathedral or Collegiate Church to suffer any stranger to Preach without Lawfull Licence and if any such stranger in his Sermon Preach any thing contrary to the Word of God or the nine and thirty Articles of Religion the Dean or Residents shall by their Letter subscribed with some of ther Hands that heard him so soon as they can give notice thereof to the Bishop of the Diocese and the Church-Wardens and Side-men are to have a Book wherein they are to take care that every strange Minister that Preacheth in their Church shall subscribe his Name the day when he Preached and Bishop's Name from whom he had his Licence And no Preacher before he hath acquainted the Bishop of the Diocese and received his Order is purposely to Impugne any Doctrine delivered by any other Preacher in the same Church or any other near adjoyning and if any offend herein the party grieved or Church-Wardens are to acquaint the Bishop and not to suffer him to Preach there any more unless he promise to forbear all such matter of Contention till the Bishop take Order therein who is withall speed so to proceed that publick satisfaction may be made in the Congregation where the Offence was given and if either party offending do appeal he must not Preach Pendente Lite Can. 49 50 51 52 53. Every Parson Vicar or Curate upon Ministers to Catechise every Sunday before Evening Prayer and to Marry none without Licence or asking in the Church c. every Sunday and Holy-day before Evening Prayer is for half an hour or more to examine and instruct the Youth and Ignorant Persons of his Parish and teach them the Catechism set forth in the Book of Common-Prayer and if any Minister neglect for the first Offence he is to be sharply reproved by the Ordinary upon complaint made the second time wilfully offending is suspension and the third time Excommunication and all Fathers Mothers
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
few things relating to the Convocation and lastly the King's Majesties Letters and Directions in the fourteenth Year of his Reign to the Archbishop of Canterbury concerning the Clergy pa. 15. CHAP. III. The Articles of Religion which every Minister is to subscribe unto both at his Ordination and at his Admission and Institution to a Living agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562. put forth by Authority for avoiding Diversities of Opinions and for the establishing of consent touching true Religion pa. 111. CHAP. IV. Several Cases touching the Privileges of Ministers and Churches and Church-yards pa. 99. CHAP. V. Some things necessary for Clergy-men to know concerning Presentations Nomination Deprivation Resignation c. and of avoidance of Spiritual Livings by Death Creation Cession Lapses c. pa. 118. CHAP. VI. Of Pluralities Dispensations and non residence pa. 159. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same pa. 201. CHAP. VIII Of first Fruits Tenths Dilapidations and Mortuaries pa. 228. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons pa. 260. CHAP. X. How Clergy-Men are incapacitated to take Farms or follow Secular Affairs and how they are punishable for Incontinency by their Superiors and by whose power and Authority Courts Ecclesiastical are to be kept and in whose Name and Stile their Ecclesiastical Process are to be and with what Seal to be sealed pa. 301. ADVERTISEMENT CHoice Presidents upon all Acts of Parliament Relating to the Office and Duty of a Justice of Peace With necessary Notes and Instructions thereupon taken out of the said Acts of Parliament and other particular Cases in Law adjudg'd therein As also a more usefull Method of making up Court Rolls then hath been known or hitherto published in Print By Rich. Kilburne Esq late one of his Majestie 's Justices of the Peace for the County of Kent and Principal of Staple-Inn The Second Edition with many usefull Additions made publick by G. F. of Grayes-Inn Esq Newly Reprinted for R. Tonson 1681. THE PARSON'S MONITOR CHAP. I. What Qualifications are required by Scripture and Law in such Persons as intend to enter into the Ministery and also a word or two concerning Ordination and what the Canon requires as to the Apparel and behaviour of Clergy Men. What Qualifications are required in Ministers by Scrâ—pture SAINT Paul in his first Epistle to Tymothy saith That Deacons must be grave not double-tongued not given to much wine not greedy of filthy lucre holding the mysterie of the Faith in a pure Conscience and let these also saith the Apostle first be proved then let them use the Office of a Deacon being found blameless and he saith further they must be the Husbands of one Wife ruling their Children and own Houses well 1 Tim. Chap. 3. ver 8 9 10 and 12. What Qualifications the Law requires in them Thus far speaks S. Paul now observe that the Law requires that every one that intends to be a Parson must Regularly be of free Condition and not Criminous Out-law'd nor Excommunicate nor a Jew Miscâ—eant Infidel Schismatick or Heretick He must also be Conformable to the Government and Doctrine of the Church of England and by the Statute of the 13 Eliz. he must be 24 years of age 13 Eliz. cap. 12. vide 5 H. 7. 20. a. 14 H. 7. 28 b. Co. Rep. 5. lib. 58. a. Degs Parson's Counsellor cap. 1. The difference between Malum in se and Mala Neither is one capable of being a Parson Vicar c. If he be guilty of Murther Manslaughter Perjury Foriury or other foul crime That is Malum in se and in this case it matters not whether the party be Convict of this crime or no so that the Ordinary have certain knowledge thereof but for a Man to be guilty of haunting of Ale-houses or a player at unlawfull games which are only Mala Prohibita and not Mala in se it is no Impediment to his heiâ—â—â— Parson Vicar c. Co. Rep. 5. lib. f. 58. 〈◊〉 38. E. 3. f. 2. b. Dyeâ—s Rep. French f. 293. b. and 254. b. and vide Rolls Cases 2. parte fo 355. z. 1. 4. 5. 6. 8. Every Minister ought to be learned in the Language the People speak and understand Every Parson Vicar c. must also be competently well learned and skilled in the Language the People speak and understand where he is to be Parson Vicar c. otherwise the Bishop may refuse him as it was resolved in the Case of one Albany in a Quare Impedit against the Bishop of S. Asaph where the Bishop pleaded that the service of the Church to which the Presentee was presented was in the Welsh Tongue and that the Parishoners understood not the English and that the Presentee could not speak Welsh and therefore he refused him And all the Justices held this to be a good Cause of refusal for if he understand not them nor they him he cannot instruct his sâ—ock according to his duty and charge m. 30. and 31 Eliz. B. R. Albany and the Bishop of S. Asaph's Case Cro. Eliz f. 119. pl. 5. Deg. cap. 1. Ordination to be but four times in the Year Note that Ordination is to be but four times in the Year that is to sayâ— the Sunday immediately following the four Ember weeks and no Man is to be made Deacon and Minister together upon one Day Can. 31. and 32. The penalty of obtaining Orders corruptly And by the 13 of Eliz. it is enacted that if any Person or Persons whatsoever shall or do at any time receive or take any Money Fee Reward or any other profit directly or indirectly or shall take any Promise Agreement Covenant Bond or other assurance to receive any Money Fee Reward or any other profit directly or indirectly either to him or themselves or to any other of their or any of their Friends all Ordinary and Lawfull Fees only excepted for or to procure the Ordaining or making of any Minister or Ministers or giving of Orders or Licence or Licences to Preach that every Person and Persons so offending shall for every such offence forfeit forty Pounds and the party so corruptly Ordained or made Minister or taking Orders shall forfeit ten Pounds And if at any time within seven Years next after such corrupt entring into the Ministery or receiving Orders he shall accept or take any Benefice Living or Promotion Ecclesiastical that immediately from and after the Induction Investing or Installation thereof or thereunto had the same Benefice c. shall be meerly void And that the Patron or Person to whom the Advowson Gift Presentation or Collation shall by Law appertain may present or collate unto give or dispose of the same Benefice c. in such
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
disabled from thenceforth to Preach the said or any other Lecture or Sermon in the said or any other Church Chapel or place of publick Worship untill such time as he Conform in all points as aforesaid but if the said Sermon or Lecture be to be Preached or read in any Cathedral or Collegiate Church or Chapel it is sufficient for the Lecturer at the said time to declare his assent to the said Book of Common-Prayer in Form as aforesaid 14 Car. 2. cap. 4. When any Sermon or Lecture is to be Preached the Common-Prayers shall be read Every time when any Sermon or Lecture is to be Preached the Common-Prayers and Service appointed for that time of the day shall be publickly and openly read by some Priest or Deacon in the Church Chapel or place of publick Worship where the said Sermon or Lecture is to be Preached before such Sermon or Lecture be Preached and that the Lecturer then to Preach shall be present at the reading thereof But this is not to extend to the publick University Lectures but that they may be Preached as formerly they used 14. Car. 2. cap. 4. No Form or Order of Common No Order of Common-Prayer but what is in the Book of Common-Prayer to be used Prayers Administration of Sacraments Rights or Ceremonies are to be openly used in Church or Chapel or other publick place of Worship other then what is prescribed in the Book of Common Prayer aforesaid but the said Prayers and Service in the Chapels or other publick places of the Colleges and Halls in both the Universities and in the Colleges of Westminster Winchester and Eaton and in the Convocations of the Clergie in either Province may be in Latin 14 Car. 2 cap. 4. The Penalty for refusing to use the Common-Prayers or using any other Form of Prayers And if any Minister refuse to use the same Form and Order of Prayers c. according to the said Book or wilfully use any other Rite Ceremony Order or Form of Prayers or Administration of the Sacraments c. openly or privily then is prescribed there or shall Preach Declare or Speak any thing in the derogation or depraving of the said Book or any thing therein contained or of any part thereof and be thereof lawfully convicted by verdict of twelve men or by his own Confession or by the notorious Evidence of the Fact shall for the first Ofsence forfeit to the King's Highness the profit of such one of his Spiritual Benefices or promotions as his Majesty shall Assign or Appoint for one whole year then next following after such Conviction and suffer six Months Imprisonment without Bail and for the second Offence they forfeit all their Spiritual promotions and the Patrons may present as if the parties were naturally dead and for the third Offence they are to be Imprisoned during Life and if the person offending have no Spiritual promotion then the first Offence is Imprisonment six Months without Bail and the second Offence Imprisonment during Life 2. 3. Eliz. 6 cap. 1. and by the 1 Eliz. cap. 2. the first Offence aforesaid forfeits the profits of all his Spiritual promotions for a year and to suffer six Months Imprisonment without Bail the second Offence a years Imprisonment without Bail and ipso facto to be deprived of all his Spiritual promotions and the Patrons to present as aforesaid and the third Offence Imprisonment during Life and ipso facto to be deprived of all his Spiritual promotions and if such Person have no Spiritual promotion then the first Offence is Imprisonment for a year without Bail and the second Offence during Life both these Statutes of the 2 and 3 Eliz. 6 cap. 1. and 1 Eliz. cap. 2. are to have Relation to the Book of Common Prayer now used 14 Car. 2. cap. 4. one Flemming was Indicted a second time for giving the Sacrament of Baptism in other Form than is prescribed in the stat 1 Eliz. and in the Book of Common Prayer and it was Awarded that he should suffer Imprisonment for a year and should be Adjudged ipso facto deprived of all his Spiritual promotions m. 26 and 27 Eliz. B. R. Flemming's Case Leon. Rep. 1. parte f. 295. pl. 403. If any Person or Persons whatsoever The Penalty for depraving of the Common Prayer Book or compelling any Minister c. to say any other Common-Prayer shall in any Interludes Plays Songs Rymes or by other open words declare or speak any thing in derogation of the Common Prayer Book or of any thing therein contained or shall by open Act Deed or by open threatning compel or cause or otherwise procure or maintain any Parson Vicar or other Minister in any Cathedral or Parish Church or Chapel or other place to say any Common or open Prayer or to Administer any Sacrament otherwise than is mentioned in the Common-Prayer Book or shall unlawfully interrupt them in saying or singing of the said Prayers according to the said Book and be thereof Lawfully Convicted as aforesaid for the first Offence he forfeits to the King's Majesty ten pounds and if not paid within six weeks after Conviction then instead of the said ten pounds to suffer three Months Imprisonment without Bail the second Offence to pay twenty pounds and if not paid within six weeks after Conviction then instead thereof to suffer six Months Imprisonment without Bail and for the third Offence to forfeit all his Goods and Chattels and suffer Imprisonment during Life 2. 3 Eliz. 6. cap. 1. but by the 1 Eliz. the first of these Offences is an hundred Marks forfeiture and if not paid within six weeks to suffer six Months Imprisonment without Bail the second Offence is four hundred Marks and if not paid within six weeks to suffer twelve Months Imprisonment without Bail and the third Offence is a forfeiture of all their Goods and Chattels and Imprisonment during Life But no Person is to be Impeached for any of these Offences or the Offences mentioned in the last Section unless he be Indicted at the next General Sessions to be holden before any Justices of Oyer and Terminer or Justices of Assize next after such Offence committed or done nor is any one to be punished twice for one Offence that is both by the Ecclesiastical Judge and Civil Magistrate 1 Eliz. cap. 2. these statutes are to have Relation to the Common-Prayer Book now used 14 Car. 2. cap. 4. Any Man understanding the Greek Any Man may say privately the Common-Prayer in Hebrew c. or such other Language as he understands Latin and Hebrew Tongue or other strange Tongue may say the Common-Prayers before-mentioned in Latin or any such other Tongue saying the same privately as they do understand and in the Universities of Cambridge and Oxford they may use and exercise in their Common and open Prayer in their Chapels being not Parish Churches or other places of Prayer the Mattens Evening Song Litany and all other Prayers
of Religion and being Convented before the Bishop of the Diocess or the Ordinary shall persist therein or not revoke his Error or after such revocation affirm the same again either of these Offences shall be just cause to deprive such Person of his Ecclesiastical Promotions and the Bishop of the Diocess or the Ordinary may deprive him 13 Eliz. cap. 12. The Sacrament to be Administred in both kinds Every Minister is to administer the Sacrament of the Lord's Supper in both kinds that is to say of Bread and Wine to every Person that humbly and devoutly desires it and shall at least one day before exhort the People to prepare themselves for it 1 Eliz. 6 cap. 1. And the forfeiture for using any other Form of Administration of the Sacraments of Baptism and the Lord's Supper than is set down in the Book of Common Prayer for the first second and third Offence you may see before in this Chapter The Penalty for depraving the Sacrament of the Lord's Supper or Administring the same not being Ordained a Priest If any Person shall deprave despise or contemn the Sacrament of the Lord's Supper by any contemptuous words and be thereof lawfully convicted within three Months after such Offence committed by a Jury of twelve men upon the Testimony of two lawful Witnesses in any of the four quarter Sessions he is to be Imprisoned and make Fine and Ransome at the King's Will and Pleasure 1 Eliz. 6. cap. 1. And he that shall Administer the Sacrament of the Lord's Supper who is not Ordained a Priest according to the Book of Common Prayer forfeits an hundred pounds 14 Car. 2 cap. 4. Ministers to give notice the Sunday before they Administer the Sacrament the Parishioners to Communicate three times in the year and every Minister who keeps a Curate must twice every year Administer the Sacraments himself c. Every Minister is to give warning to his Parishioners publickly in his Parish Church at Morning Prayer the Sunday before every time of his Administring the Sacrament for their better preparing of themselves and every Parishioner is to Communicate at the least three times in the year whereof Easter is to be one and the Minister is first to receive it himself and deliver it in both kinds to every Communicant severally and no Bread and Wine newly brought in must be used before the words of Institution be rehearsed when the Bread and Wine are upon the Table and every Minister possessed of a Benefice with Cure who keeps a Curate under him and every other Stipendary Preacher that readeth any Lecture Catechiseth or Preacheth in any Church or Chapel must twice every year upon two several Sundays Forenoon and Afternoon in his Church or Chapel read Divine Service himself and as often every year Administer the Sacraments of Baptism if there be any to be Baptised and of the Lord's Supper upon pain of Suspension or Removal from his place by the Bishop of the Diocess until he submit to perform the said Duties And no Minister is to Preach or Administer the Communion in any private house except in Case of Necessity where one is so Impotent that he cannot goe to the Church and being dangerously sick desires to receive the Communion upon pein of Suspension for the first Offence and Excommunication for the second but in houses where there are Chapels allowed by the Ecclesiastical Laws the Chaplains may Preach or Administer the Communion in such houses in the Chapels there only but the Lords and Masters of such houses and their Families must receive the Communion at least once every year in their own Parish Churches and no person is to refuse the Communion at the hands of an unpreaching Minister upon pein of Suspension and Excommunication after a Months obstinacy and if any Parson Vicar or Curate receive any such Persons to the Communion which are out of his own Church and Parish thereby strengthening them in their Errors he may be Suspended and not released thereof till he promise not to offend therein afterwards Car. 21 22. 56 57 71. Note that the Communion is to be Administred in all Colleges and Halls The Communion to be Administred in Colleges c. the first or second Sunday in every Month c. within both the Universities the first or second Sunday of every Month and the Masters Fellows and Schollers and all the rest of the Students Officers and all other the Servants are to Communicate four times in the year at the least kneeling decently upon their knees when they receive it and all Deans Wardens Masters or Heads of Cathedral and Collegiate Churches Prebendaries Cannons Vicars petty Cannons Singing-men and all others are also to Communicate four times in the year and in all Cathedral and Collegiate Churches it is to be Administred on principal Feast-days sometimes by the Bishop if then present and sometimes by the Dean and at sometimes by a Cannon or Prebendary the principal Minister using a decent Cope and being assisted with the Gospeller or Epistler and in such Cathedral and Collegiate Churches in time of Divine Service and Prayers when there is no Communion it is sufficient to wear Surplices onely but all Deans Masters and Heads of Collegiate Churches and Cannons and Prebendaries being Graduates are to wear such Hoods with their Surplices as are agreeable to their degrees and all Ministers saying the publick Prayers or Administring the Sacraments or other Rites of the Church are to wear decent Surplices with sleeves to be provided at the charge of the Parish and such as are Graduates must upon their Surplices at such times wear such Hoods as are agreeable to their degrees which no Minister must wear being no Graduate under pain of Suspension but such as are no Graduates may instead of Hoods wear some decent Tippet of black so it be not Silk Can. 23 24. 25. 58. What Parsons Ministers may refuse to admit to the Communion No Minister is to admit to the receiving the Holy Communion any of his Parishoners who are openly known to live notoriously in sin without repentance nor such as are at variance with their Neighbours till Reconciliation nor any Church-Wardens or Sidemen who have neglected or refused to present such publick Offences as they themselves know are committed within their Parishes or are notoriously offensive to the Congregation there nor are the Ministers to give Communion to any but such as kneel nor to any that refuse to be present at publick Prayers or deprave publickly the Book of Common-Prayer or any thing that is contained in the nine and thirty Articles of Religion or in the Book of ordering Priests and Bishops nor to any that have spoken against his Majestie 's Supremacy under pein to be suspended unless every such person do first acknowledge to the Minister before the Church-Wardens his Repentance for the same and promise by word if he cannot write to doe so no more and if he can write then
decree all such to be Rightly and Orderly and Lawfully Consecrated and Ordered Note that this last Article by the stat 14. Car. 2. is to be construed and taken to extend and shall be applied unto the Book containing the manner of Making Ordaining and Consecrating of Bishops Priests and Deacons which is now set forth in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the sixth mentioned in the said Article 14. Car. 2. cap. 4. 37. Of the civil Magistrate Article 37 The Queens Majesty hath the chief Power in this Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain and is not nor ought to be subject to any foreign Jurisdiction Where we attribute to the Queens Majesty the chief Government by â—hich Titles we understand the minds of some slanderous Folks to be offended we give not to our Princes the Ministering either of God's Word or the Sacraments the which thing the Injunctions also sometimes set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given alwaies to all godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and evil doers The Bishop of Rome hath no Jurisdiction in this Realm of England The Laws of the Realm may punish Christian Men with death for heinous and grievous Offences It is Lawfull for Christian Men at the Commandment of the Magistrate to wear Weapons and serve in the Wars 38. Of Christian Mens Goods which are not common Article 38 The Riches and Goods of Christians are not common as touching the Right Title and Possession of the same as certain Anabaptists do falsly boast Notwithstanding every Man ought of such things as he possesseth Liberally to give Alms to the Poor according to his Ability 39. Of a Christian Man's Oath Article 39 As we confess that vain and rash swearing is forbidden Christian Men by our Lord Jesus Christ and James his Apostle so we judge that Christian Religion doth not prohibit but that a Man may swear when the Magistrate requireth in a cause of Faith and Charity so it be done according to the Prophet's teaching in Justice Judgment and Truth CHAP. IV. Several cases touching the privileges of Ministers and Churches and Church Yards The punishment for laying violent Hands on a Clergy-man MAny are the privileges which the Laws of this Realm allow to Clergy Men in Holy Orders some of which I shall insert in this Chapter If one lay violent Hands upon the Person of any infra sacros Ordines such Offender may be cited into the Spiritual Court to have him Excommunicated or doe Corporal Penance But the party offending if he think good may redeem his Penance for a certain sum of money to be paid to the party grieved who may sue for the same in the Spiritual Court if it be not paid and no Prohibition will lie vide stat Articuli Cleri 9 E. 3. cap. 3 and 4. Circumspecte Agatis 13 E. 1 Regist f. 45. 49. 51 52. 54. 57. Co. Institutes 2 part f. 492. and 620. 7 H. 3. Prohibition 30. 5 H. 3. Prohibition 29. 12. H 7. f. 23. a. p. Butler Co. Rep. 4. Lib. f. 20. b. Bro. action sur Case 15. F. N. B. f. 51. R. 52. D. F. 53. A. In what Court a Minister may sue for a scandal If one call a Minister Heretick Schismatick Fornicator c. or such other words as are meerly Spiritual in such case he cannot sue in the Spiritual Court for damages but he may cite the party offending pro salute animae and he must express in particular the defamation in his Libel and for the costs of suit recovered he may sue in the same Court if they be not paid Co. Inst 2 part f. 492 493. F. N. B. 51 I. 52 M. 53. A. and see Tr. 25 Eliz. B. R. Palmer and Thorp's Case Co. Rep. 4. Lib. f. 20. a. A Minister is not bound to appear at Ministers not bound to appear to Sheriffs Tourns or Leets c. the Sheriffe's Tourns nor at Court Leets by the Statute of Marlbridge unless their appearance be especially required for some particular cause and if they be distrained to come they may have a Writ reciting the said Statute which Writ in the Register beginneth thus Cum de communi Consilio Provisum sit quod viri Religiosi non habent necesse venire ad Tournum Vicecom c. Regist f. 176 8 H. 4. f. 15. stat Marlbridge cap. 10 Co. Inst 2 part f. 120 and 121. Parsons not compellable to appear at Leets by the Common Law By the Common Law also Parsons of Churches that had curam animarum were not compellable to come to Tourns or Leets and if they were distrained to come they may have a Writ for their discharge in this Form Rex c. Cum secundum Consuetudinem Regni Nostri Personae Ecclesiasticae ratione Terrarum Tenementorum suorum Ecclesiis suis annexorum venire non debeant ad Visum Franci Pleg in curia nostra vel aliorum quorumcumque c. Regist f. 175. F. N. B. f. 160. C. Co. Inst 2 part f. 121. Men of the Church not to be amercied after the quantity of their Spiritual Benefice No Man of the Church shall be amercied after the quanty of his Spiritual Benefice but after his Lay Tenement and after the quantity of his Offence and note that the word Beneficium is a large word and his taken for any Ecclesiastical Promotion or Spiritual Living whatsoever vide Magna Charta cap. 14. and Co. Inst 2 part f. 29. The Plough Beasts of Religious Persons Their Plough Beasts not to be distrained c. or their Sheep shall not be distrained for the King's Debt nor the Debt of any other Man nor for any other cause by any Bailiffs whatsoever but untill such time as they can find another Distress or Chattels sufficient whereof they may Levy the Debt except in case of damage Feasant and such distress is also to be reasonable after the value of the Debt or demand and by the Estimation of Neighbours and not by Strangers nor outrageous stat de districtione Scaccarii 51 H. 3. vide dyer f. 312. a. pl. 86. May make their Wills of Corn sown down Spiritual Persons may make their Wills of such Corn as is sown upon the Glebe Land at the time of their death 28 H. 8 cap. 11. vide 34 H. 6. 38. The punishment for Arresting Ministers doing Divine Service No Man upon grievous forfeiture is to Arrest any Minister in Church or Church-Yard whilst he is attending Divine Service 50 E.
her self but her Husband shall present either in his own Name or else in both their Names together but the Queen of England is as a Feme Sole and may present to any Church without the King also Men Outlaw'd or Excommunicate c. may present and their presentments shall stand good till they be avoided by Plea 9 H. 6. 5. 17 E. 3. 9. 3 H. 7. 14. Hughe's cap. 22. One may have the Presentation and another the Nâ—mination to a Living And note that one may have the Presentation and another the Nomination to a Living and so they may be Divers distinct Inheritances As if I being seized of an Advowson in fee do grant to B. and his Heirs that he and his Heirs every time the Church becometh void shall Nominate to me a Person to be presented to the same Church which Person so Nominated I or my Heirs shall present to the Ordinary of the place to be admitted accordingly into the Church And it hath been a question in this Case who shall be said to be Patron of the Church some think he that hath the Nomination and that he that ought to present is only as servant to him that hath the Nomination vide 24 E. 3. 70. 14 H. 4. 11. a. 1 H. 5. 2. F. N. B. 33 B. Doder p. 65. Plo. Com. 157. Where one hath the Presentation and another the Nomination who shall be Patron And therefore in the 14 E. 4. 2. b. the Justices distinguished that if one be seized of an Advowson and granteth to I. S. and his Heirs to Nominate at every avoidance to him and his Heirs a Person to be presented to the same Church which Person so Nominated shall be by him or his Heirs presented to the Ordinary that in this Case he to whom the Nomination is so granted shall be Patron But if I grant to I. S. that at every avoidance he shall Nominate to me two Clerks of which I shall present one to the Bishop in this Case I remain Patron because the Election is in me which of the parties named shall be presented and have the Benefice Doder pa. 65. 14 E. 4. 2. b. Smith and Clayton's Case 32 H. 8. 48. And if one have the Nomination Where a Title of Presentation accrews to the King it shall prejudice the Nominator and another the Presentation if such Right of Presentation accrue to the King this shall not prejudice the Inheritance of him that hath the Nomination but he shall Nominate to the Chancellor still who in the name of the King shall present to the Ordinary and if the King present without any such Nomination the Nominator shall bring his Quare Impedit against the Incumbent only because the King cannot be termed an Usurper Doder pa. 69. Where an Incumbent is made Bishop the King shall present If the King create a common Person who is Incumbent on a Living Bishop then the King shall have the Presentation of that Living hac vicâ— and not the Patron though the Law formerly hath been otherwise taken and if a Church be void to which thâ— Bishop hath Title to present as Patronâ— in respect of his Temporalties if hâ— dye before Presentment the King shalâ— have the Presentation by reason â—â— the Temporalties and not the Executors of the Bishop and so in like casâ— if the Church become void after thâ— Bishop's Death and before the seizuâ— of the Temporalties yet the King shalâ— have the Presentment 50 E. 3. 26. 9 H. 6. 16. b. admit 24 E. 3. 26. b. 12 E. 3. Quare Impedit 56. 21 E. 3. 6. b. 29 E. 3.44 24 E. 3. 30. adjudg Roll's Cases 2 part f. 343. C. 3 4 D. 5. 345 E. 4. 366 Z. 2. vide P. 37 Eliz. Rot. 1427. Wright's Case M. Rep. f. 399. pl. 522. and see Cro. Jac. f. 692. In what Cases the King may present where a Bishop is Patron If the Church of the Patronage of a Bishop Abbot or Prior be void and the Bishop c. present and after dye before Institution the King by his Prerogative may present to the said Church and if the Bishop live till Institution and dye before Induction in this case also the King may present by his Prerogative Liber Par. 21 E. 1. the Prior of Bermundsie's Case adjudged in Parliament F. N. B. 34 K. 38 E. 3 4. Roll's Cases 2 part f. 345 E. 6. vide Savill's Rep. f. 119. Where a Bishop helds a Living in Commendam the Patron shall present after his Death Although the King by his Prerogative shall have the presentment where the Incumbent is made Bishop yet if the King grant to the said Incumbent before he is created Bishop a dispensation to retain the said Benefice with his Bishoprick and afterwards he is created Bishop and dies Incumbent in this Case the King shall not then present by his Prerogative but the Patron shall present because the Church is not void by reason of being made Bishop but by death of the Incumbent in which the Prerogative hath no place Co. Entr. 474. Hele's Case Roll's Cases 2 part f. 343. D. 2. or if the Bishop resign his Living it is the same vide p. 6. Eliz. C. B. Sir Henry Sydny's Case Dyer f. 228. pl. 48. Hob. Rep. f. 157. and p. 19. Car. 1. C. B. Edes and Bishop of Hereford's Case Vaugh. Rep. f. 18. A Composition to present not binding to the King If during the vacancy of the Arch-Bishop of York and his Temporalties being in the King's hands the Deanry become void the King shall present to it although that by Composition between the Arch-Bishop and the Chapter the Chapter is to chuse one of Right the Patronage belonging to the Arch-Bishop and the composition shall not binde the King who comes in paramount as supream Patron 17 E. 3. 40. adjudg Roll's Cases 2 part f. 343. C. 6. What shall serve for a turn If two men have Title to present by Turn and one of them presents and his Clerk is Admitted Instituted c. and afterwards he is deprived for Crime or Heresie or other cause yet he shall not present again but this shall serve for his turn so if he be meer Laicus or Illiterate who is presented admitted and Instituted c. although it be declared by Sentence that he was Incapable ab Initio yet because the Church was full till Sentence declaratory came he being Parson de facto although this deprivation relate to some purposes yet it shall serve for his turn Co. Rep. 6. Lib. f. 102. a. Roll's Cases 2 part f. 347 K. 2 3 348 L. 6. 7 Hob. Rep. f. 148. 149. vide M. 12. 13 Eliz. Dyer f. 292. b. Where a turn shall be lost If two Men present by turn and the first presents his Clerk who is Admitted Instituted and Inducted and afterwards the Church becomes void then the other presents in his turn whose Clerk is also admitted
for the avoidance being before the said grant it cannot be said to be prima proxima post donum concess praedictt c. P. 2 3. P. M. Agard and the Bishop of Peterborough and Denton's Case Dyer f. 129. b. vide P. 11 Eliz. Dyer f. 283. a. 28 H. 8. 26. b. It is good cause of refusal of a Presentee Simony good cause of deprivation for that he is Simoniacus in the same Presentment to wit hath made a corrupt contract to be presented or that he is Simoniacus to another Benefice besides this he is presented to also if a Parson doe or suffer Dilapidations he is deprivable Bishop of Salisbury's Case 12 Jac. B. R. Godb. Rep. pa. 259 pl. 357 Tr. 16 Jac. Boughton and the Bishop of Rochester's Case Roll's Cases 2 part f. 356. Where the Ordinary shall be no disturber If the Ordinary Admit and Institute the Presentee of the Chancellor and command the Archdeacon to Induct him and afterwards before Induction the King sends an Inhibition reciting that the Church is above the value of forty pounds per. ann and so belongs not to the Chancellor to present and commands the Ordinary to receive A. B. his Clerk whom he presents in this Case if the Ordinary dâ— not command the Archdeacon not tâ— proceed in the Induction but suffer the same to be done a Month afterwards yet he shall not be adjudged disturber for there is no default in him but if the Inhibition had come to thâ— Ordinary before the Warrant made tâ— the Archdeacon if he had made â— Warrant afterwards by which he haâ— been Inducted then he should be a dâ—sturber 38 E. 3. 3 4. Roll's Case 2 part f. 356 A. 1 2. If the Archbishop Visit his Inferior Bishop and Inhibits him during the The Ordinarie's power suspended during Inhibition Visitation to execute any Jurisdiction if the Bishop have Title to Collate to a Benefice within his Diocess by Lapse yet he cannot during the Inhibition Institute his Clerk but must present him to the Archbishop and he shall Institute him because during the Inhibition his power of Jurisdiction is suspended Tr. 11 Car. 1. B. R. Rot. 446. Dodson and Lin's Case Cro. Car. f. 471. Roll's Cases 2 part f. 357 C. 1. 367. Z. 1. After Institution a Presentee may resign where a common Person is Patron but not where the King is Patron And note where a Parson is only Admitted and Instituted although as concerning the Spiritual Function he be a Parson before Induction yet because no part of the free-hold of the Spiritual Benefice is transferred to him but by the Induction he cannot therefore until after Induction if the King be Patron make any good and effectual Resignation vide plo Com. 526. 21 E. 3. 5. a. but if a Subject be Patron and his Presentee be admitted such Presentee if he be willing to leave his charge may before Induction resign the Church for the Spiritual Dignity was full of an Incumbent in respect of his Patron and because also there is no other means to clear the Church of him but by such Renunciation Doderidge pa 80 81. Resignation to whom to be made The Word Resignare is not the proper Word in Law for a Resignation but Renunciare cedere demittere are the usual Words of Resignation M. 12 13 Eliz. Dyer f. 292. a. Doder pa. 79. and note that a Resignation ought to be made to the immediate Ordinary and not to the mediate Ordinary Roll's Cases 2 part f. 358 E. 1. F. 1. but the Incumbent of a Donative may resign to his Patron because it is of the Patron 's Foundation and of his Visitation and Correction and the Ordinary hath nothing to doe with him P. 3 Jac. Fairchild and Garie's Case M. Rep. f. 765 pl. 1062. vide Doder pa. 81. The King shall present where an Incumbent is made Bishop If the Incumbent be made a Bishop the Church is void and the King shall present to it by his Prerogative and so it is of a Prebendary and it the Incumbent be created Bishop of the same Diocess where he was Incumbent the Church is void for he cannot be Sovereign and Subject and so it is if he be made Bishop of another Diocess or a Bishop in Ireland but note the Church is not void till Consecration and in Case where the King grants a Licence to the Bishop to hold his Living in Commendam with the Bishoprick if the Bishop afterwards dye or surrender that same Living then the Patron and not the King shall present to it vide 7 H. 4. 25. b. 11 H. 4. 37. b. 24 E. 3. 26. b. Davis Rep. f. 69. a. and see M. 42 Eliz. C. B. Sir Robert Basset and Gee's Case Cro. Eliz. f. 790 pl. 31 Tr. 3 Car. I. B. R. Evan's and Ascough's Case Jone's Rep. f. 58. Noye's Rep. f. 93. Latche's Rep. f. 32. 234. 19 E. Tryal 57. 5 E. 3. 9. 11 E. 3. 1. Vaugh. Rep. f. 22. Wynch Rep. f. 98 99. Woody and Bishop of Exeter Cro. Jac. 691. Where Lapse shall incur without notice and where not Before the stat 21 H. 8. cap. 13. if one had a Benefice with cure and did accept another Benefice with cure the first became void but this avoidance was not by the Common Law but by the Constitution of the Pope of which avoidance the Patron might take notice if he pleased and might present without any deprivation but because the avoidance did accrew by the Ecclesiastical Law no Lapse did incur without notice as it is upon deprivation or Resignation and yet the Patron may present and take notice of it if he please and according to this diversity it is adjudged H. 24 E. 3. f. 33. in the King and the Bishop of Worcester's Case and with this agree the Books in the 9 E. 3. 22. a. 10 E. 3. 1. 14 H. 7. 28. b. 14 H. 8. 17. a F. N. B. 34 L. as my Lord Cook reports in his 4 Lib. in Holland's Case and where it is said in the 5 E. 3. 9. 11 H. 4. 37. that the Church is not void without deprivation this is to be interpreted that it shall not be void to the Patron 's disadvantage but for his advantage it shall as it is shewed before and so all the Books are reconciled So it appears that the stat 21 H. 8. is but in affirmance of the Law aforesaid but noâ— because it is affirmed by Act of Parliament if the first Benefice be of thâ— value of eight Pounds per ann the Patron at his Peril to prevent a Lapse ought to present to it because to aâ— avoidance by Act of Parliament eveâ— one is party and ought to take noticâ— at his Peril but it is otherwise if thâ— Church be not of the yearly value oâ— eight pounds for then it is void meerly by the Ecclesiastical Law of which the Patron is not
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
secondly that the People should be fed thirdly that the Parsonage House should be upholden and maintained and if the Statute should be otherwise construed many inconveniences would ensue for Parsons would purchase other Houses within their Parishes and be alwaies resident upon them and suffer their Parsonage Houses to decay and sterilitate their Glebe Land and meliorate their own Possessions in prejudice of their Successors and where the Statute saith he shall be resident upon his Benefice it shall be intended where there can be residence for he cannot be resident upon the Tythes nor upon the Glebe Land where there is not any House but only his Habitation is within his Parsonage House but Justice Clynch and Fenner held the contrary and said if he be resident within his Benefice which extends to the whole Parish it is sufficient but if he be resident upon any other House adjoyning upon his Parish but not within his Parish although every Sunday and Holyday he serve the cure yet it is not sufficient and they said that the intent of the Statute is that he should pascere gregem cibo exemplo verbo all which he may doe when he is resident in any part of the Parish and where it is said in at and upon his Benefice it is clear that all the Parish is his Benefice so he is resident in his Benefice but peradventure he is not resident upon his Benefice unless he Inhabits within the Parsonage House but there are Divers Parsonages which have no Parsonage House for it may be aliened by the former Parson with the consent of the Patron and Ordinary or let out so as his successor cannot have it and therefore his residence may be in any other House within the Parish and it is sufficient and upon this difference of the Justices in their Opinions Crook reports the Case to be adjorned and so does Moore and Gouldesborough but my Lord Cook reporting the same Case saith it was resolved by the Court that the Parson ought to reside in the Parsonage House and not in any other House within the Parish M. 39 40 Eliz. B. R. Goodale and Butler's Case Cro. Eliz. f. 590. pl. 28 M. Rep. f. 540. pl. 712. Gouldes Rep. pa. 169. pl. 100. Co. Rep. 6 Lib. f. 21. b. the same Case but there said to be P. 40 Eliz. and see P. 9 Jac B. R. Shepheard and Twoulsie's Case Boulstr Rep. 1 part f. 111. What residence and what not Another Information was also brought upon the stat 21 H. 8. for non residence and it was found by speciall Verdict that Doctor Newman was Incumbent invested in the Rectory of Staplehirst in the County of Kent and that he was also seized of an House in Staplehirst aforesaid Situate within twenty Yards of the said Rectory and that the Mansion House of the said Rectory was in good repair and that Doctor Newman held that in his hands and occupation with his own proper goods and did not let it to any other and that he Inhabited in the said Messuage and not in the Parsonage and whether this were non residence or no was the Question and it was argued by the Plaintiff's Council that it was non residence and it is there said that the Statute was made for seven causes two of which are for Hospitality and relief of the Poor and these are to be done in the Parsonage House for this is the free Alms of the Church and so it was adjudged B. R. 24 Eliz. in Broom and Hudson's Case the Defendant's Council argued to the contrary but the Case was compounded by the Lord Cook and so no judgment in it but he intended this was no residence within the Statute as the Book saith H. 8 Jac. C. B. Canning and Doctor Newman's Case Brownl Rep. 2 part f. 54. What a Dignity to excuse non residence Upon another Information for non residence the Defendant pleaded that he was chosen Gospeller in the Church of S. Pauls London and was resident there by reason of that Dignity and it was thereupon demurred and it was said by the Plaintiff's Council that this was not any Dignity to excuse the Defendant the Civilians divide spiritual Functions into three degrees first a Function which hath a Jurisdiction as a Bishop Dean c. secondly a Spiritual Administration with a cure as Parson of a Church c. thirdly they who neither have cure nor Jurisdiction as Prebends Chaplains c. and defined a Dignity to be Administratio Ecclesiastica cum Jurisdictione vel potestate conjuncta and thereby they exclude the two last degrees from being any Dignity à multo fortiori the Common Law doth so and to that purpose vide 27 H. 6. 5. 25 E. 3. 41. Br. Nosme 25. that an Archdeacon is not a Name of Dignity 17 E. 3. 31. A Provost is not a Name of Dignity 11 H. 4. 40. A Parson is not a Name of Dignity 14 H. 6. 14. A Presentor is not a Name of Dignity 27 H. 6. 3. A Chaplain is not a Name of Dignity 27 H. 8. 10. is if a Vicar of S. Pauls hath a Benefice with cure he ought to be resident upon it and that is a greater Dignity than Gospeller and of that Opinion were Popham and Clinch Caeteris Justiciariis absentibus but the cause was adjorned and afterwards the Defendant compounded P. 41 Eliz. B. R. Boughton and Gonsley's Case Cro. Eliz. f. 663 pl. 13. Information for non residence where to be brought An Information was brought upon the Statute for non residence before the Justices of Assize in the County of Essex and it was resolved it did not lye but only in the King's Courts where there may be Essoyn Gager del Ley or Protection M. 4 Car. 1 B. R. Green and Guye's Case Cro. Car. f. 146. pl. 26. Note if a Baron have three Chaplains Non obstant when necessary and every one of them hath two Benefices apiece and afterwards the Baron dyes yet they shall enjoy their Benefices with cure in which they were Lawfully setled before but though they continue and abide upon one of the Benefices yet they may be punished for non residence upon the other and so it was adjudged in Parson Boyton's Case as the Lord Cook reports therefore saith he such Minister ought to obtain of the King a non obstante so if the Baron dye be attainted of Treason or Felony or if any Officer be removed from his Office who is Capacitated to retain a Chaplain sic de similibus Co. Rep. 4 Lib. f. 119. a. Non residence excusable when It hath been agreed that Lawfull Imprisonment without fraud is a good excuse of non residence so if there be no Parsonage House for impotentia excusat legem and these Cases are excepted out of the Act by Construction of the Law and it was also held in the Exchequer Tr. 19 Eliz. that sickness without fraud is also a good excuse to wit
the Tenths are due and being reasonably demanded at their Dignities Churches or Houses c. by the Arch bishop or Bishop or such as shall be charged with the Collection thereof or by any other their Ministers Servants or Officers and be not paid at the time of such Demand or Request or within Forty dayes after at the furthest that then every Incumbent making such default of payment after such default certified into the King's Exchequer in Writing under the Seals of any Arch-bishop or Bishop or of such as be charged to the Collection of the said Pension shall be Adjudged deprived ipso facto of that only Dignity Benefice c. whereof such Certificate shall be made as if the said Incumbent were dead 26 H. 8. cap. 3. 2. E. 6. cap. 20. 1 Eliz. cap. 4. vide p. 7. Eliz. C. B. Dyer f. 237. a. pl. 29. And every Arch-bishop and Bishop How Bishops c. may be discharged of Tenths or any other having Authority to Receive the Tenths making a Certificate into the Exchequer before the last day of May by the Statute 7 E. 6. cap. 4. that they have reasonably demanded the Tenths of any Incumbent of any Dignity Benefice c. due for him to pay and that he hath not paid the same or that such Benefice remains void and no Incumbent can be had shall be a discharge to every such Arch-bishop and Bishop or other having Authority to receive the Tenths for so much as such Incumbent or Benefice being void ought to pay And the Treasurer Chancellor and Barons of the King's Exchequer shall devise and direct upon every such Certificate such Process out of the said Court against every Incumbent so Certified and their Executors and Administrators for Insufficiency of them against the Successors of every such Incumbent so that the King may be truly Answered the said Tenths for such Dignity c. and may Levy and take all the Glebe Lands Tithes c. of the Benefice being vacant to which no Incumbent can be had to satisfie himself 7 E. 6. cap. 4. also where the said Arch-bishop Bishop or other Accomptants charged with the Collection of Tenths make Oath before the Treasurer Barons and Chancellor of the Exchequer or the Major part of them or before such other Persons as have power to hear such Accompt that they cannot or may not for some sufficient Cause or matter lawfully Levy the Tenths which they stand charged in Accompt then upon such Oath made they shall be discharged for so much 32 H. 8. cap. 22. Acquittances made by such as have Acquittances for Tenths by whom to be made c. power to receive Tenths or any part thereof to such Person or Persons who are charged with the Collection thereof shall be of as good strength force virtue and effect to the parties having the same as if they were made in the King's Name under his Great Seal and shall be allowed admitted and accepted in all Courts of this Realm and no Officer of the Exchequer shall take any matter thing or reward of any Arch-bishop or Bishop or of any other Persons having Charge with the Collection and Payment of Tenths for making their Accompt or Quietus est upon pein to lose his Office and make Fine to the King at his will and pleasure 26 H. 8. cap. 3. 1 Eliz. cap. 1. By the 27 H. 8. the Tenths are to What Remedy for Arrearages of Tenths be paid by every Arch-bishop Bishop c. the first year they enter on their Spiritual Dignities Benefices c. and they are to have allowance thereof in the payment of their First Fruits and where any Incumbent is chargeable with the Arrears of his Predecessors Tenths in such Case he may distrain such Goods and Chattels of his Predecessors as shall happen to be and remain in and upon the Dignity Benefice c. for which the same Tenths were behind and retain the same till such time as his Predecessor pay if he be alive and if he be dead then till â—is Executors or Administrators or â—hose to whom his Goods and Chatâ—els should belong do pay the same â—nd if the Money be not paid within â—welve dayes after the distress taken â—â—en the said distress to be apprized â—y two or three Indifferent Persons to â—e Sworn for the same and then acâ—â—rding to the said Appraisement so â—uch of the distress to be sold as will â—y the said Arrear and reasonable â—osts about the Distress and if no Diâ—ess can be found on the said Digâ—â—y c. then the Predecessor if he be alive and if dead his Executors Administrators and other to whom his Goods and Chattels shall appertain or belong shall be compelled to pay the same by Bill in Chancery or Action of debt to be prosecuted by such successor by Order of the Common Law 27 H. 8. cap. 8. 1 Eliz. cap. 4. When the Year for first Fruits shall begin Note that the Year for the first Fruits is to begin from the time of the avoidance or vacation of the Benefice c. and the Tythes Fruits Oblations Obventions c. during the time of such vacation are to go to such Person as shall be next presented c. to the same Benefice or Dignity and to his Executors towards the payment â—â— the first Fruits And if any Archbishop Bishop Archdeacon Ordinary or any other Person or Persons to theâ—â— uses and behoofs do receive and takâ— the said Tythes c. and do not upoâ— reasonable request tender and pay tâ—â— same to the next Incumbent beinâ— lawfully Instituted Inducted or Aâ—mitted to such Benefice c. then thâ— shall forfeit and lose the treble valâ— of so much as they have received of tâ—â— Fruits c. one Moiety to the Kiâ—â— and the other to the Incumbent to â— recovered in any of the King's Courts by Action Bill Plaint Information or otherwise but every Archbishop c. may Retain so much of the Tythes c. in their hands as shall pay for serving the cure during such vacation and the charges of gathering the said Tythes c. and where the Fruits of the vacation of such Spiritual Promotion be not sufficient to pay the Curate's stipend and wages for serving the cure then the same is to be paid by the next Incumbent within fourteen daies next after that he hath the Possession of the said Promotion Spiritual 28 H. 8. cap. 11.1 Eliz. cap. 4. Churches Vnited to pay first Fruits and Tenths By the 37 H. 8. there was saved to the King his Heirs and Successors all the Tenths and first Fruits of all such Churches and Chapels as then were or afterwards should be United and Consolidated in one according to the same or such like rates and valuations as the same Churches and Chapels were then rated and valued at to the King's Majesty in his Court of first Fruits and Tenths 37 H. 8. cap. 21. Collectâ—rs of Tenths to be bound for the
payment of the same All Collectors of Tenths under any Archbishop or Bishop having Letters Patents or other writings of their Office of Collectorship are to be bound by their sufficient writing Obligatory or Recognizance in the Court where the King's revenues of the Tenths shall be answerable in such sum or sums of money as shall be due within their Collection or Office to save and keep the said Archbishop or Bishops harmless and without damage against the King for the same and all such Grants Patents or Writings to such Collectors shall continue no longer in force then during such time as such Archbishop or Bishop who granted the same shall remain Archbishop or Bishop of the same See or Bishoprick whereof he was possessed when he granted the same 7 E. 6 cap. 4. and by the 14 Eliz. cap. 7. the Lands and Tenements Goods and Chattels of such under Collectors of Tenths are made liable to answer the Queen her Heirs and Successors for such sums as they shall gather yearly within their Collection and every Archbishop Bishop and Dean and Chapter sede vacante to whom the Collection of such Tenths shall appertain shall be discharged of so much as shall be satisfied of or by the Lands Tenements Hereditaments Goods oâ— Chattels of such under Collector or his Heirs without any other Warrant whatsoever in that behalf to be obtained 14 Eliz. cap. 7. 13 Eliz. cap. 4. First Fruits in what time to be paid Vicarages not exceeding ten pounds and Parsonages not exceeding ten marks in the King's Books are not to pay any first Fruits as is shewed before and every Incumbent liable to pay first Fruits that lives one half Year after the last avoidance so as he hath or might have received the Rents and Profits of that half Year and before the end of the next half Year he happen to dye or be Lawfully evicted removed or put from the same Promotion Spiritual by Judgment in an action at Common Law without Fraud or Covin then he is to pay but a fourth part of the first Fruits and if he Live one Year and dye or be evicted c. before the next half Year then he is to pay one half of his first Fruits and if he Live one Year and an half and dye or be evicted c. before the end of six Months then next following then he is to pay three parts of his first Fruits and if he Live two Years then he must pay his whole first Fruits for such Promotion Spiritual 1 Eliz. cap. 4. By the 1 Eliz. all Grants Immunities and Liberties given to either of Colleges c. discharged of first Fruits c. the Universities of this Kingdom or to any College or Hall in either of them and to the Colleges of Eaton and Winchester by any of the Kings of England or by Act of Parliament touching the release or discharge of first Fruits and Tenths are to be and remain in full force and strength and that all such conveyances and assurances in Law as were then had or made to either of the Universities or to any College or Hall within either of them or of any of the Parsonages or Benefices Impropriate or of any Patronage for the maintenance of students or learning are good and effectual notwithstanding the same Act of Parliament and all the Possessions of the free Chapel Deanry and Canons of Windsor are discharged of Tenths and first Fruits but all the Rectories and Spiritual Promotions belonging to the Archdeaconry oâ— Wells are made chargeable to the payment thereof and all the Rectories Parsonages and Benefices Impropriate Glebe Lands Tythe Oblations Obventions Pensions Portions and other Profits and Emolluments Ecclesiastical and Spiritual as were in the Survey Rule and Order of the Court of the Dutchy of Lancaster were to continue so And lastly by the same Act it is provided that no Hospital founded and used and the Possessions thereof imployed to and for the use and relief of Poor People or any School or Schools or the possessions or revenues of them shall be charged with the payment of any Tenths or first Fruits 1 Eliz. cap. 4. A demand of Tenths how and where to be made Note that the demand of the Tenths ought to be express and not a summons to pay them at another place as appears by the Case following An Apparator came to the Church to the Parson and said to him that he must pay his Tenths to such an one and at such a place being four miles distant from the Church and the Parson not paying the Bishop certifies according to the Statute that he refused to pay his Tenths and whether this were a good demand or no was the Question and all the Justices agreed that it was not for they said a summons to pay was not sufficient but it ought to be an express demand and by one who hath Authority to receive it M. 39 40 Eliz. C. B. Reyner and Parker's Case M. Rep. f. 541. pl. 714. Bishop's Certificate of what force The Bishop of York certified in the late Court of first Fruits and Tenths Anno 5 6 E. 6. in these words adhibuimus omnimodam diligent per Subcollectores nostros per totam diocesim Eborum Et comperimus I. C. Vicarium de Gargrave Recusantem solvere subsidia Vicariae suae qui nullo modo metu paenarum huiusmodi produci potuisset ad solutionem subsidii praedict sed perseverans in obstinatiori sua malitia and this is left as a quaere in Dyer whether by this Certificate the Vicarage were void or no Dyer f. 116. a. pl. 69. but in Crook's reports it is said there that the Justices held such a Certificate not to be Peremptory but that it may be Traversed for the Bishop doth it only as an Officer and not as a Judge as in Case of Bastardy and here is to be a default in the Parson viz. not payment which is tryable per pais for otherwise all the Parsons in England may be put out of their Parsonages by such nude surmise and bare Certificate without any answer and the Law never intended to make the Certificate so Peremptory as the Book saith and it is there said also that the Officer of the Bishop which is to demand the Tenths ought also to be Authorized to receive them for he cannot appoint them to be paid at another place or to another Person for the Parson is to pay them at his own House and to the Person that demands them in the Name of the Bishop M. 29 30 Eliz. in Scaccario the Queen and Blancher's Case Cro. Eliz. f. 80. pl. 44. Dilapidations cause of deprivation Now we come to Dilapidations which every Clergy Man ought to take care to prevent for there can be nothing worse becoming the Dignity of a Clergy-man than Dilapidations and non residence and as the Canon Law made Provision against it so also hath the Common Law of this Kingdom as appears
Jurisdiction in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation or Process in the King's Name or use any Seal of Jurisdiction other then before limitted that every such Offender shall incurr and run in the King's Majestie 's displeasure and indignation and suffer Imprisonment at his Highness's Will and Pleasure 1 E. 6. cap. 2. But it is provided that the Archbishop Archbishop of Canterbury c. may use his own Seal of Canterbury for the time being shall use his own Seal and his own Name in all Faculties and Dispensations according to the Tenor of an Act thereof made and that the said Archbishops and Bishops shall make Admit Order and Reform their Chancelcellors Officials Commissaries Advocates Procters and other their Officers Ministers and Substitutes and Commissions of Suffragan Bishops in their own Names under their own Seals as they have used heretofore And shall certify to the Court of Tenths their Certificates under their own Names and Seals and shall make Collations Presentations Gifts Institutions and Inductions of Benefices Letters of Order and Dimissories under their own Names and Seals as formerly notwithstanding the said Act or any thing therein contained 1 E. 6. cap. 2. Certificates how to be made And it is further provided that all Process to be made or awarded by any Ecclesiastical Person or Persons for the Tryal of any Plea or Pleas that shall depend in any of the King's Courts of Records at the Common Law and limited by the Laws and Customs of this Realm to the Spiritual Courts to try the same that the Certificate of the same after the Tryal thereof shall be made in the King's Name for the time being and with the Stile of the same King and under the Seal of the Bishop Graved with the King's Arms with the Name of the Bishop or Spiritual Officer being to the Test of the same Process and Certificate and to every of them 1 E. 6. cap. 2. Minister deprived by whom Note that when any Minister is complained of in any Ecclesiastical Court belonging to any Bishop for any crime the Chancellor Commissary Official or any other having Ecclesiastical Jurisdiction to whom it shall appertain shall expedite the Cause by Process and other Proceedings against him and upon Contumacy for not appearing shall first suspend him and afterward his Contumacy continuing Excommunicate him But if he appear and submit himself to the course of Law then the matter being ready for Sentence and the Merits of his Offence exacting by Law either Deprivatio◠from his Living or Deposition fro◠the Ministry no such Sentence shall be pronounced by any Person whosoeve◠but only by the Bishop with the Assistance of his Chancellor the Dean 〈◊〉 they may conveniently be had and some of the Prebendaries if the Court be kept near the Cathedral Church or of the Archdeacon if he may be had conveniently and two other at the least Grave Ministers and Preachers to be called by the Bishop when the Court is kept in other places Can. 122. The Conclusion And now Reverend Sirs having not without great pains and study which Solomon saith is a weariness to the flesh arrived at the Period of my intended purpose before I conclude give me leave to acquaint you that my Lord Cook in his Epilogue to his fourth part of his Institutes saith that he that takes upon him to Write doth Captivate all the Powers and Faculties both of his Mind and Body and must be only Intentive to that which he Collecteth without any Expression of Joy or Cheerfulness whilst he is in his Work the truth whereof I have sufficiently experienced whilst I was Composing this Treatise So after this if my pains do not Merit your thanks yet I hope you will be so Candid as gently to censure lovingly to Correct or easiy to Pardon such errors and mistakes as have either escaped the Press or my Pen knowing that humanum est errare and so I take leave and shall wind up all in this short Sentence Vide quod non mihi soli Laboravi sed omnibus exquirentibus scientiam Deo gloria gratia FINIS