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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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

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.

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

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 Contra●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

Investure and Induction thereupon shall be utterly void frustrate and of none effect in Law And that it shall and may be Lawful to and for the Queens Majesty Her Heirs and Successors to Present Collate unto or Give or Bestow every such Benefice Dignity Prebend and Living Ecclesiastical for that one time or Turn only And that every Person or Persons Bodies Politick and Corporate that from thenceforth shall give or take any such Sum of Money Reward Gift or Benefit directly or indirectly or that shall take or make any such Promise Grant Bond Covenant or other Assurance shall forfeit and loose the double value of one years profit of every such Benefice Dignity Prebend and Living Ecclesiastical And the Person so corruptly taking procuring seeking or accepting any such Benefice Dignity Prebend or Living shall thereupon and from thenceforth be Adjudged a disabled Person in Law to have or injoy the same Benefice Dignity Prebend or Living Ecclesiastical 31 Eliz. cap. 6. And it is further Enacted That if The Penalty of Simoniacal Admissions c. any Person for any Sum of Money Reward Gift Profit or Commodity whatsoever directly or indirectly other than for usual and Lawful Fees or for or by reason of any Promise Agreement Grant Covenant Bond or other Assurance of or for any Sum of Money Reward Gift Profit or Benefit whatsoever directly or indirectly Admit Institute Install Induct Invest or Place any Person in or to any Benefice with Cure of Souls Dignity Prebend or other Living Ecclesiastical That then every such Person so offending shall forfeit and loose the double value of one years profit of every such Benefice Dignity Prebend and Living Ecclesiastical And that thereupon immediately from and after the Investing Installation or Induction thereof had the same Benefice Dignity Prebend and Living Ecclesiastical shall be meerly void And that the Patron or Person to whom the Advowson Gift Presentation or Collation shall by Law appertain shall and may by virtue of the said Act Present or Collate unto Give and dispose of the same Benefice Dignity Prebend or Living Ecclesiastical in such sort to all Intents and Purposes as if the Party so Admitted Instituted c. had been or were Naturally dead 31 Eliz. cap. 6. The Penalty o● Corrupt Resignation And it is likewise Enacted That if any Incumbent of any Benefice with Cure of Souls do or shall corruptly Resign or Exchange the same or corruptly take for or in respect of the resigning or exchanging of the same directly or indirectly any Pension Sum of Money or Benefit whatsoever That then as well the Giver as the Taker of any such Pension c. shall lose double the value of the sum so given taken or had the one Moiety thereof as also of the forfeiture of double value of one years profit before mentioned to be to the Queens Majesty Her Heirs and Successors and the other to him or them that will Sue for the same in any of Her Majesties Courts of Record by Action of Debt c. But note that no Lapse accrews upon any Avoidance by this Act till after Six Months after notice given of such Avoidance by the Ordinary to the Patron neither doth it take away or restrain the power of the Laws Ecclesiastical in such Cases 31 Eliz. cap. 6. It is also Enacted concerning voices The Penalty of corruption in voices c. in Colleges c. That if any Person or Persons Bodies Politick or Corporate which have Election Presentation Nomination Voice or Consent in the Choice Election Presentation or Nomination of any Fellow Schollar or other Person to have Room or Place in any of the Churches Colleges Schools Hospitals Halls or Societies within this Realm shall have 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 or have any Money c. directly or indirectly either to him or themselves or any other of their or any of their Friends for his or their Voice or Voices Assent or Assents or Consents in Electing c. any Officer Fellow Schollar or other Person to have any Room or Place in any of the said Churches Colleges c. shall be void And that then as well the Queens Majesty Her Heirs and Successors and every other Person or Persons and their Heirs and Successors to whom the Presentation Donation Gift Election or Disposition shall of Right belong or appertain of any such of the said Rooms or Places of the said Person offending as aforesaid shall or may at their pleasure Elect c. any other Person or Persons in the Room or Place of such Person or Persons so offending as if the said Person or Persons so offending were then Naturally dead 31 Eliz. cap. 6. Also if any Fellow Officer or Schollar The Penalty of corrupt Resignation of a Fellowship c. of any of the said Churches Colleges c. or other Persons having Room or Place or any of the same shall directly or indirectly take or receive or by any way device or means contract to agree or have or receive any Money Reward or Profit whatsoever for leaving or Resigning up of the same his Room or Place for any other to be placed in the same That then every Person so taking or Contracting or agreeing to take or have any thing for the same shall forfeit and lose double the sum of Money or value of the thing so received c. And every Person so giving Money c. shall be uncapable of that Place or Room for that time or Turn and shall not be taken to be a Lawful Fellow c. to have such Room or Place there but they to whom it shall appertain may Elect c. another fit Person into the same Room or Fellowship as if the said Person so giving Money c. were Naturally dead or had Resigned and Left the same And for more sincere Election c. The Statute to be read every Election c. of Fellows Schollars Officers and other Persons to have room or place in any of the same Churches Colleges c. At the time of every such Election Presentation or Nomination as aforesaid to be had as well the said Statute of 31 Eliz. as the Orders and Statutes of the same places concerning such Election c. shall then and there be publickly read upon pain that every Person in whom default shall be made shall forfeit Forty pounds all which Forfeitures shall be Sued for and Recovered in any of Her Majesties Courts of Record by any Person or Persons Bodies Politick or Corporate that will Sue for the same one Moiety to the Party Sueing and the other to the use of the College c. where such Offence shall be committed 31 Eliz. cap. 6. Note that by this Statute if any Simoniacal Contract makes the Presentation void c. Clerk comes to a Living upon a Simoniacal