Instituo te Rectorem talis Ecclesiae cum cura Animarnm accipe curam tuam meam c. And note that every Rectory consists of Spiritualities and Temporalities and as to the Spiritualities to wit Cura animarum he is compleat Parson by the Institution and may celebrate Divine Service Preach c. but not to the Temporalities as to the Glebe c. for he hath no freehold in them till his Induction vide Hare and Buckle's Ca. Plo. Com. f. 528. Co. Lit. f. 344. a. and Hill 41 Eliz B. R. Digbie's Ca. Co. Rep. 4. Lib. f. 79. a. Hughe's Grand Abridgm 1. part p. 135. Ca. 7. Goldes Rep. p. 163. and 164. and vide 32. H. 6. 28. b. and 33. H. 6. 24. and Hughe's Parson's Law cap. 11. A Bishop may Institute out of his Diocess Note That the Bishop may Institute a Clerk as well out of his Diocess as within it for as to this matter it is not local but follows the Person of the Bishop wheresoever he goes Cro. Car. f. 342. Hughe's Gran. Abridgm 1 part p. 134. Ca. 7. and vide 21. Jac. B. R. in Knowle's and Dobbin's Case Godbolt's Rep. p. 342. pl. 446. Hughe's Parson's Law cap. 11. and 27 Eliz. C. B. Carter and Croft's Case None to be admitted to any Living till he be a Priest in Orders But observe that none can be admitted to any Living till he be a Priest in Orders which he cannot be by the Statute of Uniformity till he is four and twenty Years of Age and if any Person shall be Admitted Instituted and Inducted into any Living before he is in Holy Orders his Admission Institution and Induction are void 14. Car. 2. cap. 4. And every Clerk before his Admission to be Incumbent must subscribe the Every Clerk to subscribe to his Declaration before his Admission to a Living Declaration following to wit I. B. C. ' do declare that it is not Lawfull upon any pretence whatsoever to take Arms against the King And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now established by Law And I do declare that I do hold there lies no Obligation upon me or any other Person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawfull Oath and imposed upon the Subjects of this Kingdom against the known Laws and Liberties of this Kingdom 14. Car. 2 cap. 4. After the five and twentieth Day of March 1682. There shall be omitted out of the said Declaration or acknowledgment the latter part thereof-beginning And I do declare that I do hold there lies no Obligation on me or any other Person from the Oath c. After this Subscription made every A Certificate to be procured after Subscription and the same to be read within three Months Parson Vicar Curate and Lecturer is to procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are to deliver the same upon demand and shall publickly and openly read the same together with the declaration or acknowledgment aforesaid upon some Lord's day within three Months then next following in his Parish Church where he is to Officiate in the time of Divine Service before all the Common-Prayer be ended in the presence of the Congregation there assembled upon pein to loose his Parsonage Vicarage or Benefice Curate's place of Lecturer's place and shall be utterly disabled and ips facto deprived of the same And that the said Parsonage Vicarage or Benefice Curate's place or Lecturer's place shall be void as if he were naturally Dead 14. Car. 2. cap. 4. What Induction is and how to be performed When the Bishop hath Instituted the Clerk the Ordinary c. makes a Mandate under Seal to the Archdeacon of the place or to such other Clergy-men as he pleaseth to Induct the Clerk and it may be done by the Dean and Chapter by Prescription but not by the Patron and the usual way of Induction is by the delivery of the Bell-Rope to the new Parson who is to toll the Bell that the People may thereby take notice when the Archdeacon inducts the Parson his Fee is 40 Pence but a Donative may pass by the gift of the Patron without Institution or Induction 8. Ass pl. 13. Davis Rep. f. 46. b. Roll's Cases 2 part f. 356. B. 1. and 357. C. 2 3 4 5 6 7 Deg. cap. 2. vide 38. E. 3. 3. b. 11. H. 4. 9 and 10. What Remedy where the Archdeacon refuseth to Induct If the Archdeacon will not Induct the Clerk after such time as the Bishop hath admitted and Instituted him and directed his Mandate to the Archdeacon to admit him some have been of Opinion that the Clerk may have an action of the Case against him because the Induction is a Temporal act but others are of Opinion and so it was adjudged p. 13. Eliz. C. B. that a Citation shall be awarded in such Case out of the Spiritual Court against the Archdeacon to answer the same there where he shall be punished if there be Cause because the Archdeacon may alledge some special Cause which by the Spiritual Ecclesiastical Law the Clerk ought not to be Inducted which Cause may not be triable or determinable in the Temporal Court Fitz. N. B. 47. H. Hughe's Par. Law cap. 12. Ecclesiastical Persons to take the Oath of Supremacy All and every Person and Persons that shall be Preferred Promoted or Collated to any Archbishoprick or Bishoprick or to any other Spiritual Promotion or Ecciesiastical Benesice Promotion Dignity Office or Ministery before he or they take upon him or them to Receive Use Exercise Supply or Occupy any such Promotion they shall take the Oath of Supremacy before such Persons as have Authority to admit any such Person to any such Office or Ministery 1 Eliz. cap. 1. 5 Eliz. cap. 1. Clerks to swear Canonical Obedience And when any Clerk is admitted and instituted to any Benefice he is usually sworn also to Canonical Obedience to his Diocesan Co. Inst 4 part f. 324. The form of the Oath of Supremacy The form of the Oath of Supremacy is as followeth viz I. A. B. ' do utterly declare and testify in my Conscience That the King's Highness is the only Supream Governor of this Realm and of all other his Majestie 's Dominions and Countries as well in Spiritual or Ecclesiastical things or Causes as Temporal and that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign
if 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
sort to all Intents and Purposes as if the party so Inducted c. were naturally dead one Moiety of which forfeitures shall be to the Queen her Heirs and Successors and the other Moiety to the party that will sue for the same in any of her Majestie 's Courts of Record 13 Eliz. cap. 6. Cave quid solvis All Ministers are to be Consecrated according to the Book of Common-Prayer All Ministers are to be made and Consecrated according to the Book of Common-Prayer as it is now settled and he that is otherwise made or present at any other making of them then according to that Book and shall be thereof Lawfully Convicted by Verdict of Twelve Men or by his or their Confession or otherwise for the first Offence shall be Imprisoned six Months without Bail for the second Offence one whole Year and for the third Offence during Life 5 and 6 E. 6. cap. 1 and vide 14. Car. 2 cap. 4. None is to be admitted either Deacon None to be admitted Deacon or Priest except he exhibiâ— to the bishop a Presentation â— of himself to sâ—me Ecclesiastical preferment c. or Priest except he exhibit to the Bishop of whom he desireth Imposition of Hands a Presentation of himself to some Ecclesiastical Preferment then void in that Diocess or shall bring to the said Bishop a true and undoubted Certificate that either he is provided of some Church within the said Diocess where he may attend the cure of Souls or of some Minister's place Vacant either in the Cathedral Church of that Diocess or in some other Collegiate Church therein where he may Execute his Ministery or that he is a Fellow or in right as a Fellow or to be a Conduct or Chaplain in some College in Cambridge or Oxford or except he be a Master of Arts of five Years standing that liveth of his own charge in either of the Universities or except by the Bishop himself that Ordains him he be shortly after to be admitted either to some Benefice or Curateship then void And if any Bishop shall admit any Person into the Ministery that hath none of these Titles then the Bishop is to keep and maintain him till he do prefer him to some Ecclesiastical Living And if the Bishop refuse to do so the Archbishop assisted with another Bishop may suspend the said Bishop from giving of Orders by the space of a Year Can. 33. No Person to be admitted into Orders except he exhibit Letters Testimonial of his good Life and Conversation c. No Bishop is to admit any Person into Orders which is not of his own Diocess except he be either of one of the Universities of this Realm or bring Letters Dimissory from the Bishop of whose Diocess he is and exhibit Letters Testimonial of his good Life and Conversation under the Seal of some College in Cambridge or Oxford where he remained or of three or four Grave Ministers with other credible Persons who have known his Life and Behaviour by the space of three Years beford and be able to yield an accompt of his Faith in Latine according to the Articles of Religion approved in the Synode of the Bishops and Clergy of this Realm 1 Inno Dom. 1562. And desiring to be â— Deacon is twenty three Years Old and to be a Priest twenty four Years compleat Can. 24. and 13 Eliz. cap. 12. and vide Co. Inst 4 part f. 324. None to be admitted into Holy Orders without Examination The Bishop before he admit any Person into Holy Orders is either to examine such Person himself or cause some Ministers of his Diocess to examine him and if any Bishop or Suffragan admit any to Sacred Orders who is not qualified and examined then the Archbishop of that Province with the assistance of another Bishop may suspend such Bishop or Suffragan so offending from making either Deacon or Priest for the space of Two Years Can. 35. None is Preach without Licence and Subscriptions first 〈◊〉 and made And note that none are to be received into the Ministery nor suffered to Preach Catechise or to be a Lecturer or Reader of Divinity in either Universitie or in any Cathedral or Collegiate Church City or Market-Town Parish Church Chappel or in any other place except he be Licenced either by the Archbishop or Bishop of the Diocess where he is so placed under their Hands and Seals or by one of the two Universities under their Seal and do first subscribe to these three Articles following viz. First That the King's Majesty under God is the only Supream Governor of this Realm and of all other his Majestie 's Dominions and Countries as well in all Spiritual or Ecclesiastical things or Causes as Temporal Secondly That the Book of Common-Prayer and of ordering Bishops Priests and Deacons containeth in it nothing contrary to the word of God c. Thirdly That he alloweth of the Book of Articles of Religion made in the Year 1562. and acknowledgeth them to be agreeable to the word of God c. Which Subscription is thus to be made by such Persons as shall enter into Orders viz. I. A. B. ' do willingly and ex Animo Subscribe to these three Articles above mentioned and to all things that are contained in them And if any Bishop Ordain Admit or Licence any Person except he first Subscribe as aforesaid he may be suspended from giving of Orders and Licences to Preach for the space of Twelve Months Can. 36. vide Co. Inst 4 Part f. 324. The punishment of Revoling after Subscription If any Minister after Subscription to the said three Articles do Revolt he may be suspended and if after a Month he do not Reform he may be Excommunicated and if he submit not within the space of another Month he may be deposed from the Ministery Can. 38. 1 Such Persons as are not Episcopally The Penalty of such Persons as are admitted to any Benefice or Administer the Sacraments not being Episcopally ordained Ordained according to the Book of Common-Prayer are not capable of or to be admitted to any Parsonage Vicarage Benefice or other Ecclesiastical Promotion or Dignity whatsoever nor shall presume to Consecrate and Administer the Sacrament of the Lord's Supper before such time as he shall be Ordained Priest according to the Book of Common-Prayer upon pain of an Hundred Pounds for every offence one Moity thereof to the King and the other Moity to be divided between the Poor of the Parish where the offence is Committed and the Informer and the Person so offending to be disabled from taking or being admitted into the Order of Priest-hood by the space of one Year then next following 14 Car. 2 cap. 4. And if any do affirm or teach that The Penalty of such as affirm that the manner of making Prâ—iests c. â—s contrary to the word of God the form and manner of making and Consecrating Bishops Priests and Deacons
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
year upon some Sunday after Evening-Prayer to reade in their Parish Churches the Statute of the 20 Jac. cap. 20. against prophane cursing and swearing and once every year upon some Sunday or Holyday in the Afternoon before Divine Service they are to reade the Book of Canons agreed upon in the Synod begun at London Anno Dom. 1603. and every Minister every year in his Church the Sunday next before the 29 day of May at Morning-Prayer is to reade the Statute of the 12 Car. 2. cap. 14. Ministers before their Sermons Lectures What Order Ministers are to observe in their Prayer before their Sermons c. and Homilies are to Pray first for the Holy Catholick-Church of Christ through the whole World and especially for the Churches of England Scotland and Ireland then for the King Queen and Royal Family next for all Arch-Bishops Bishops and other Pastors and Curates of God's Holy Word and Sacraments then for the King's Privy-Council and all the Nobility and Magistrates of his Realm and for the Commons that they may live in true Faith and fear of God in humble Obedience to the King and Brotherly Charity one to another and lastly they must praise God for all those who have departed out of this Life in the Faith of Christ and must pray to God that we by Grace may learn to follow their Good Example that after this Life ended we may be partakers with them of the Glorious Resurrection of the Life Everlasting and must always conclude with the Lord's Prayer Can. 55. The Supream Ecclesiastical power in the King Note That the King hath the Supream Ecclesiastical Power in him as it hath been held and agreed and may without Parliament make Orders and Constitutions for the Government of the Clergy and may deprive them if they obey not and they can make no Canons or Constitutions without his Assent Cro. Jac. f. 37. Mo. Rep. f. 155. pl. 1043. and Vaugh. Rep. f. 329. The power of the Convecations But some Clergy-men seem to think and others do not stick to say that no Orders or Constitutions can be made to bind them but what are agreed upon in the Convocations of the Clergy therefore I think it will not be amiss to insert here the Authority of the Convocation as my Lord Coke sets it down in his fourth part of his Institutes which take as followeth he saith it is called Convocation a Convocando because they are called together by the King 's Writ and their Authority being never assembled together but by the King 's Writ was to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein they did proceed juxta Legem Divinam Canones Sanctae Ecclesiae and as they could never assemble but by the King 's Writ so they were oftentimes commanded by the King 's Writ to deal with nothing that concerned the King's Laws of the Land his Crown and Dignity his Person or his State or the State of his Council or Kingdom and so whatsoever Act is done in the Convocation is under the Power and Authority of the King but not è contra what he doth under them see the King's Letters in the conclusion of this Chapter vide Co. Inst 4 part f. 322. 26 H. 6. 13. and 21 Eliz. 4. f. 45. a. p. Vavasour and f. 45. 6 p. Starkey and Brown and Rolls Cases 1 p. f. No Canons to be made in the Convocation without the King's Licence And the Lord Coke saith further that the King did often appoint Commissioners by writ to sit with them at the Convocation and to have Conusance of such things as they meant to establish that nothing should be done in prejudice ut supra And therefore the Statute of 25 H. 8 cap. 19. whereby it is provided that no Canons Constitutions or Ordinance should be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which were contrariant or repugnant to the King's Prerogative Royal or the Customes Laws or Statutes of this Realm is but declaratory of the old Common-Law but by the said Act their Jurisdiction and Power is much lestned concerning making of new Canons for they must have both Licence to make them and after they be made they must have the King 's Royal Assent to the allowance thereof before they be put in Execution 25 H. 8. cap. 19. Co. Inst 4 part f. 323. The King's Letters of direction to the Archbishop of Canterbury concerning the Clergy The King's Majesty in his Letters and Directions to the Archbishop of Canterbury dated the fourteenth Year of his now Majestie 's Reign in the Month of October declares there to this effect First That no Preachers in their Sermons shall presume to meddle with matters of State to modell new Governments or take upon them to Declare Limit or bound out the Authority and Power of Sovereign Princes or to State and Determine the difference between Princes and People but that as they have occasion they Faithfully tell the People of their duty of Subjection and Obedience to their Governors Superior and Subordinate of all sorts and to the established Laws according to the Word of God and the Doctrine of the Church of England as it is contained in the Homilies of Obedience and Articles of Religion set forth by publick Authority Secondly That they spend not their time in the search of speculative and abstruse Notions especially in and about the deep points of Election and Reprobation the Incomprehensible manner of the Concurrence of God's free Grace and Man's free Will and such Controversies as depend thereon And that however they do not presume possitively and doctrinaly to determine any thing concerning the same Thirdly That they forbear in their Sermons ordinarily and causelesly to enter upon the handling of any other Controversies of less moment and difficulty And when occasionally they be invited by their Text or Auditory to fall into them that they doe it with all Modesty Gravity and Candor asserting the Doctrine and Discipline of the Church of England from the Cavils and Objections of such as are Adversaries to either without bitterness railing jeering or other unnecessary or unseemly Provocation Fourthly That they Catechise the Younger sort according to the Book of Common-Prayer and in their ordinary Sermons do chiefly insist upon Catechistical Doctrines containing the necessary Truths of Christian Religion and setting forth withall what Influence such Doctrine ought to have in their Lives and Conversations and stirring up the People by their Lives and Doctrine to the practice of such Religious and Moral duties as are the proper result of the said Doctrines as Self-denyal Contempt of the World Humility Patience Meekness Temperance Justice Mercy Obedience and the like and to hate and shun sin especially the sins so rife and common amongst us and more especially those usually called the seven deadly sins and all kind of Debauchery Sensuality Rebellion Prophaneness Atheisin
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.
if a Spiritual Person without Fraud or Covin do buy any Horses Mares or Mules for himself or Servants to ride about their necessary business or any other Cattel or Goods to be imployed and put in and about his necessary apparel of his own House or of his Person or Servants or in for or about the occupying manuring or tillage of his Glebe or Demesn Lands annexed to his Church or for the expenses of his Household keeping and after such buying they prove not for the purposes they were bought for then such Spiritual Person may Lawfully bargain and put away the same And it is further provided that every Spiritual Person not having sufficient Glebe or Demesn Lands in their own Hands in right of their Churches for Pasturage of Cattel or for increase of Corn for expences of their Households or for their Carriages or Journies may Farm other Lands and buy and sell Corn and Cattel for the only manuring tillage and pasturage of such Farms so that the increase thereof be alway imployed and put to and for the only expences in their Households and Hospitalities and not in any wise to buy and sell again for any other Commodity Lucre or Advantage any Corn or Cattel renewing coming or growing in and upon any such Farm or otherwise but only the Remainer and Overplus above their expences of their Household if any such shall happen to be bread and increase thereof without Fraud and Covin 21 H. 8. cap. 13. And it is further enacted that no The Penalty for kâ—â—â—iâ—g Tâ—â—â—â—â—use or Brew-house Spiritual Person Beneficed with cure of Souls shall occupy by himself or any to his use any Parsonage or Vicarage in Farm of the Lease or Grant of any Person or Persons nor take any Profit or Rent out of any such Farm upon pein to forfeit forty shillings a Week and ten times the value of the Rent or Profit he shall take out of such Farm And it is further enacted that no Spiritual Person of what degree or condition soever he be shall have use or keep by himself or any to his use any manner of Tan-house or Tanhouses Brew-house or Brew-houses to any other use intent or purpose then only to be spent and occupied in his or their own Houses upon pein to forfeit ten pounds a Month one Moiety to the King and the other to the Informer to be sued for as aforesaid 21 H. 8. cap. 13. They may Farm Houses c. But note it is provided by the said Statute that it may be Lawfull to every Spiritual Person or Persons to take in Farm any Messes Mansions or dwelling Houses having but only Orchards or Gardens in any City Borough and Town for their own habitation and dwelling so that no Person Spiritual other then such as are Licenced and allowed by Law have any Liberty of non residence by colour of the said Proviso 21 H. 8. cap. 13. An Information was exhibited against two Parsons upon the Statute 21 H. 8. against one of them for non residence and against the other for taking of a Farm and one of them pleaded sickness and that by advice of his Physicians he removed into better Air for recovery of his health and the other pleaded that he took the Farm only for the maintenance of his House and Family and these Pleas were held justifiable by the whole Court M. 10 Jac. I. S. Plaintiff against Martin and Gunnistone Boulstr Rep. 2 part f. 18. Priests c. punishable for incontinence In the 1 H. 7. I find a Statute in the Printed Books of Statutes put forth by Rastal Poulton and Keeble and not any where repealed that I can find so I suppose it is still in force and power by which Statute it is enacted that it shall be Lawfull to all Archbishops and Bishops and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious Men being within the bounds of their Jurisdiction as shall be convicted afore them by Examination and other Lawfull proof requisite by the Law of the Church of Advowtry Fornication Incest or any other fleshly incontinence by committing them to Ward and Prison there to abide for such time as shall be thought by their discretions convenient for the quality and quantity of their Trespass and none of the said Archbishops Bishops or other Ordinaries aforesaid shall be thereof chargeable to or upon any Action of false or wrongfull Imprisonment but that they be utterly thereof discharged in any of the Cases aforesaid by virtâ—â— of the said Act 1 H. 7. cap. 4. All Citations c. to be in the King 's Namâ— In the 1 E. 6. cap. 2. it is said that whereas the Archbishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Process in their own Names and in such Form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms that all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either forreign or within the Realm but by the Authority of his most excellent Majesty it is therefore enacted that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of Instance betwixt party and party and all Causes of Correction and all Causes of Bastardy oâ— Bigamy or Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all acquittances of and upon accounts made by the Executors Administrators or Collectors of Goods of any Dead Person be from the first Day of July then next following made in the Name and with the Stile of the King as it is in Writs Original or Judicial at the Common Law and that the Test thereof be in the Name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and Grant of the Authority Ecclesiastical immediately from the King's Highness and his Commissary Official or Substitute exerciseing Jurisdiction under him shall put his Name in the Citation or Process after the Test â—1 E. 6. câ—p 2. The King'â— Arms c. to be put in the Seals of Office c. And it is further enacted that all manner of Person or Persons who have the Exercise of Ecclesiastical Jurisdiction shall have expressed in their Seals of Office the King's Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocese and shall use no other Seal of Jurisdiction but wherein his Majestie 's Arms be Ingraven upon pein that if any Person shall use Ecclesiastical
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