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A50670 The parson's monitor, consisting of such cases and matters as principally concern the clergy collected from the statute and common laws, as also the constitutions and canons ecclesiastical : confirmed 1 Jac. anno Dom. 1603 : together with the Articles of religion, authority of the convocation, privilege of churches and church-yards, payment of first-fruits and tenths, in whose name and style ecclesiastical courts are to be kept, and the process issuing out of the same are to run in, and with what seal to be sealed : with several other matters (never before extant) very material and necessary to be known by the clergy in general, and all persons concerned either as patron, or incumbent / by G. Meriton, gent. Meriton, George, 1634-1711. 1681 (1681) Wing M1808; ESTC R702 137,500 344

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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 ●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.
if a Spiritual Person without Fraud or Covin do buy any Horses Mares or Mules for himself or Servants to ride about their necessary business or any other Cattel or Goods to be imployed and put in and about his necessary apparel of his own House or of his Person or Servants or in for or about the occupying manuring or tillage of his Glebe or Demesn Lands annexed to his Church or for the expenses of his Household keeping and after such buying they prove not for the purposes they were bought for then such Spiritual Person may Lawfully bargain and put away the same And it is further provided that every Spiritual Person not having sufficient Glebe or Demesn Lands in their own Hands in right of their Churches for Pasturage of Cattel or for increase of Corn for expences of their Households or for their Carriages or Journies may Farm other Lands and buy and sell Corn and Cattel for the only manuring tillage and pasturage of such Farms so that the increase thereof be alway imployed and put to and for the only expences in their Households and Hospitalities and not in any wise to buy and sell again for any other Commodity Lucre or Advantage any Corn or Cattel renewing coming or growing in and upon any such Farm or otherwise but only the Remainer and Overplus above their expences of their Household if any such shall happen to be bread and increase thereof without Fraud and Covin 21 H. 8. cap. 13. And it is further enacted that no The Penalty for k●●●i●g T●●●●●use or Brew-house Spiritual Person Beneficed with cure of Souls shall occupy by himself or any to his use any Parsonage or Vicarage in Farm of the Lease or Grant of any Person or Persons nor take any Profit or Rent out of any such Farm upon pein to forfeit forty shillings a Week and ten times the value of the Rent or Profit he shall take out of such Farm And it is further enacted that no Spiritual Person of what degree or condition soever he be shall have use or keep by himself or any to his use any manner of Tan-house or Tanhouses Brew-house or Brew-houses to any other use intent or purpose then only to be spent and occupied in his or their own Houses upon pein to forfeit ten pounds a Month one Moiety to the King and the other to the Informer to be sued for as aforesaid 21 H. 8. cap. 13. They may Farm Houses c. But note it is provided by the said Statute that it may be Lawfull to every Spiritual Person or Persons to take in Farm any Messes Mansions or dwelling Houses having but only Orchards or Gardens in any City Borough and Town for their own habitation and dwelling so that no Person Spiritual other then such as are Licenced and allowed by Law have any Liberty of non residence by colour of the said Proviso 21 H. 8. cap. 13. An Information was exhibited against two Parsons upon the Statute 21 H. 8. against one of them for non residence and against the other for taking of a Farm and one of them pleaded sickness and that by advice of his Physicians he removed into better Air for recovery of his health and the other pleaded that he took the Farm only for the maintenance of his House and Family and these Pleas were held justifiable by the whole Court M. 10 Jac. I. S. Plaintiff against Martin and Gunnistone Boulstr Rep. 2 part f. 18. Priests c. punishable for incontinence In the 1 H. 7. I find a Statute in the Printed Books of Statutes put forth by Rastal Poulton and Keeble and not any where repealed that I can find so I suppose it is still in force and power by which Statute it is enacted that it shall be Lawfull to all Archbishops and Bishops and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious Men being within the bounds of their Jurisdiction as shall be convicted afore them by Examination and other Lawfull proof requisite by the Law of the Church of Advowtry Fornication Incest or any other fleshly incontinence by committing them to Ward and Prison there to abide for such time as shall be thought by their discretions convenient for the quality and quantity of their Trespass and none of the said Archbishops Bishops or other Ordinaries aforesaid shall be thereof chargeable to or upon any Action of false or wrongfull Imprisonment but that they be utterly thereof discharged in any of the Cases aforesaid by virt●● of the said Act 1 H. 7. cap. 4. All Citations c. to be in the King 's Nam● In the 1 E. 6. cap. 2. it is said that whereas the Archbishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Process in their own Names and in such Form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms that all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either forreign or within the Realm but by the Authority of his most excellent Majesty it is therefore enacted that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of Instance betwixt party and party and all Causes of Correction and all Causes of Bastardy o● Bigamy or Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all acquittances of and upon accounts made by the Executors Administrators or Collectors of Goods of any Dead Person be from the first Day of July then next following made in the Name and with the Stile of the King as it is in Writs Original or Judicial at the Common Law and that the Test thereof be in the Name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and Grant of the Authority Ecclesiastical immediately from the King's Highness and his Commissary Official or Substitute exerciseing Jurisdiction under him shall put his Name in the Citation or Process after the Test ●1 E. 6. c●p 2. The King'● Arms c. to be put in the Seals of Office c. And it is further enacted that all manner of Person or Persons who have the Exercise of Ecclesiastical Jurisdiction shall have expressed in their Seals of Office the King's Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocese and shall use no other Seal of Jurisdiction but wherein his Majestie 's Arms be Ingraven upon pein that if any Person shall use Ecclesiastical
Instituo te Rectorem talis Ecclesiae cum cura Animarnm accipe curam tuam meam c. And note that every Rectory consists of Spiritualities and Temporalities and as to the Spiritualities to wit Cura animarum he is compleat Parson by the Institution and may celebrate Divine Service Preach c. but not to the Temporalities as to the Glebe c. for he hath no freehold in them till his Induction vide Hare and Buckle's Ca. Plo. Com. f. 528. Co. Lit. f. 344. a. and Hill 41 Eliz B. R. Digbie's Ca. Co. Rep. 4. Lib. f. 79. a. Hughe's Grand Abridgm 1. part p. 135. Ca. 7. Goldes Rep. p. 163. and 164. and vide 32. H. 6. 28. b. and 33. H. 6. 24. and Hughe's Parson's Law cap. 11. A Bishop may Institute out of his Diocess Note That the Bishop may Institute a Clerk as well out of his Diocess as within it for as to this matter it is not local but follows the Person of the Bishop wheresoever he goes Cro. Car. f. 342. Hughe's Gran. Abridgm 1 part p. 134. Ca. 7. and vide 21. Jac. B. R. in Knowle's and Dobbin's Case Godbolt's Rep. p. 342. pl. 446. Hughe's Parson's Law cap. 11. and 27 Eliz. C. B. Carter and Croft's Case None to be admitted to any Living till he be a Priest in Orders But observe that none can be admitted to any Living till he be a Priest in Orders which he cannot be by the Statute of Uniformity till he is four and twenty Years of Age and if any Person shall be Admitted Instituted and Inducted into any Living before he is in Holy Orders his Admission Institution and Induction are void 14. Car. 2. cap. 4. And every Clerk before his Admission to be Incumbent must subscribe the Every Clerk to subscribe to his Declaration before his Admission to a Living Declaration following to wit I. B. C. ' do declare that it is not Lawfull upon any pretence whatsoever to take Arms against the King And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now established by Law And I do declare that I do hold there lies no Obligation upon me or any other Person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawfull Oath and imposed upon the Subjects of this Kingdom against the known Laws and Liberties of this Kingdom 14. Car. 2 cap. 4. After the five and twentieth Day of March 1682. There shall be omitted out of the said Declaration or acknowledgment the latter part thereof-beginning And I do declare that I do hold there lies no Obligation on me or any other Person from the Oath c. After this Subscription made every A Certificate to be procured after Subscription and the same to be read within three Months Parson Vicar Curate and Lecturer is to procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are to deliver the same upon demand and shall publickly and openly read the same together with the declaration or acknowledgment aforesaid upon some Lord's day within three Months then next following in his Parish Church where he is to Officiate in the time of Divine Service before all the Common-Prayer be ended in the presence of the Congregation there assembled upon pein to loose his Parsonage Vicarage or Benefice Curate's place of Lecturer's place and shall be utterly disabled and ips facto deprived of the same And that the said Parsonage Vicarage or Benefice Curate's place or Lecturer's place shall be void as if he were naturally Dead 14. Car. 2. cap. 4. What Induction is and how to be performed When the Bishop hath Instituted the Clerk the Ordinary c. makes a Mandate under Seal to the Archdeacon of the place or to such other Clergy-men as he pleaseth to Induct the Clerk and it may be done by the Dean and Chapter by Prescription but not by the Patron and the usual way of Induction is by the delivery of the Bell-Rope to the new Parson who is to toll the Bell that the People may thereby take notice when the Archdeacon inducts the Parson his Fee is 40 Pence but a Donative may pass by the gift of the Patron without Institution or Induction 8. Ass pl. 13. Davis Rep. f. 46. b. Roll's Cases 2 part f. 356. B. 1. and 357. C. 2 3 4 5 6 7 Deg. cap. 2. vide 38. E. 3. 3. b. 11. H. 4. 9 and 10. What Remedy where the Archdeacon refuseth to Induct If the Archdeacon will not Induct the Clerk after such time as the Bishop hath admitted and Instituted him and directed his Mandate to the Archdeacon to admit him some have been of Opinion that the Clerk may have an action of the Case against him because the Induction is a Temporal act but others are of Opinion and so it was adjudged p. 13. Eliz. C. B. that a Citation shall be awarded in such Case out of the Spiritual Court against the Archdeacon to answer the same there where he shall be punished if there be Cause because the Archdeacon may alledge some special Cause which by the Spiritual Ecclesiastical Law the Clerk ought not to be Inducted which Cause may not be triable or determinable in the Temporal Court Fitz. N. B. 47. H. Hughe's Par. Law cap. 12. Ecclesiastical Persons to take the Oath of Supremacy All and every Person and Persons that shall be Preferred Promoted or Collated to any Archbishoprick or Bishoprick or to any other Spiritual Promotion or Ecciesiastical Benesice Promotion Dignity Office or Ministery before he or they take upon him or them to Receive Use Exercise Supply or Occupy any such Promotion they shall take the Oath of Supremacy before such Persons as have Authority to admit any such Person to any such Office or Ministery 1 Eliz. cap. 1. 5 Eliz. cap. 1. Clerks to swear Canonical Obedience And when any Clerk is admitted and instituted to any Benefice he is usually sworn also to Canonical Obedience to his Diocesan Co. Inst 4 part f. 324. The form of the Oath of Supremacy The form of the Oath of Supremacy is as followeth viz I. A. B. ' do utterly declare and testify in my Conscience That the King's Highness is the only Supream Governor of this Realm and of all other his Majestie 's Dominions and Countries as well in Spiritual or Ecclesiastical things or Causes as Temporal and that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign
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 th●● Realm afore the making of the sai● Act with a Proviso also that when th● See of Canterbury should at any tim● be void that then such Licences Dispensations c. may be granted und● the Name and Seal of the Guardian ●● 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 sai● 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 Dispensa●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
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