Selected quad for the lemma: church_n

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church_n	bishop_n	call_v	diocese_n	3,019	5	10.2241	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A59744	A view of all the laws and statutes of this nation concerning the service of God or religion viz. [brace] the Holy Scripture, the Lords Day, or Sabbath, prayer, preaching, sacraments, pluralities, first fruits, tenths, residence, or non-residence, &c. / by William Sheppard, Esq. ; published by command.	England and Wales.; Sheppard, William, d. 1675?	1655 (1655)	Wing S3216; ESTC R38257	15,019	94

Jur. 38. 4. They are to have a competency of maintenance And for this the Law gives them these things First they are to have the houses belonging to the Minister the Glebe the Tythes the profits of the Church-yard the oblations obventions Mortuaries therunto belonging but for all this see my Booke of Tythes and the profits sequestred and received during the vacation are to be paid unto the Parson succeeding save only the charge of taking in c. And for serving the cure in that Erublements time 21. H. 8. 11. They are to have the Corne growing upon the Glebe when they dye and may by their will give it to whom will they will 21. H. 8. ch 11 3. They may make Leases any Lease of or charge upon their Benefice for their own lives and Leases for three lives and one and twenty yeeres of the Land that hath been usually so let Stat. 13. Eliz. 10. 4. There are now divers 14. Augmentations additional helpes for their maintenance by way of Augmentation as touching which these things are to be known 1. There is a great Revenue given to be imployed to this purpose and Commissioners especially appointed to take and receive accompt thereof and to look to the improvement thereof see the Acts and Ordinances June 8. 1649. April 5 1650. Sept. 2. 1654. 2. These Lawes judge an hundred pound a yeare competent for Ministers save onely in Townes and Cities 3. These Commissioners are to overlook all the Augmentations and by and with the Approbation of the LORD PROTECTOR and his Counsel they may make adde to and take from what they please 3. For their help of maintenance they may divide or unite Churches as touching which take these 15. Union and Division of Parishes and Churches things The Commissioners may procure from the Chancery the Returne of all the former Commissions executed and have new Commissions where they please for the discovery of the value of parsonages and vicarages with or without cure of souls the Incumbents scituation of the Churches c. 2. When they are informed of the Case by and with the approbation of the LORD PROTECTOR and his counsel out of Parliament Time they may unite two or more Churches together and all the profits thereof if one of them be not maintained at the charge of the Parishioners and appoint which Church shall be the meeting place and then they must be taxed altogether to repair but other taxes shall go as before and have their Church wardens as formerly the patrons shal present by turne as the Commissioners shall set down 4. In this case where they see good they may pull down one of the churches and keep the materials for publick use 4. They may also by and with the Approbation aforesaid sever and divide Parishes and fix the maintenance out of the profits of the Church where they think fit See the Ordinance at large for these things 5. And now in the last place if being in 15. Scandalous and ill affected Ministers and Scholmasters this office he be found insufficient or ill affected or be scandalous there for his life or doctrine he is to be ejected by Ordinance 29. Aug. 1654. And for this these things are to be known There are Commissioners of every county to put in execution this Ordinance 2. Any five of these Commissioners may convent before them any scandalous ignorant negligent insufficient and disaffected Minister preacher schoolmaster and examin Witnesses against and put him out of his place if they finde him guilty of matter of scandal or ill affection to the Government in any of the Particulars here mentioned 3. The things for which he is to be put out are 1. If he hath been formerly ejected or sequestred and yet keeps in his place 2. If he hath held and maintained any of the Blasphemous opinions of the third and last rank before named at Sect. 1. or have held taught maintained the Popes supremacy Transubstantiation Purgatory worshiping of Images that the Consecrated Host Crucifixes or Images are to be worshiped That Salvation may be merited by works or be found guilty of profane swearing or cursing Perjury or subordination of Perjury Adultery fornication Drunkenesse common haunting of Taverns or Alehouses frequent Quarrelling or fighting frequent playing at Cards or Dice profaning of the Sabbath day or allow the same in their families or countenance it in their parishes or scholers or have publikely and frequently read and used the book of common-prayer since 1. Janu. 1653. or have been publikely profane scoffers at or revilers of the strict profession and professors of Religion or Godliness or do encourage or countenance by word OF practise Whitson Ales Wakes Morrice-dances May poles Stage-plaies or such like licentious practises or have by writting preaching or otherwise declared their disaffection to the present Government or are negligent non-resident and carelesse of praying preaching c or of their schollers if they are schoolmasters having no excuse for it 3. If he be put out for insufficiency it must be with consent declared of five Ministers also 4. Where they put out a schoolmaster they may put in anoother as long as he lives as oft as the place shall be void 5. They may sequester the profits livings out of which they put out any Minister in the hands of some of the Parish to provide for the place repaire the houses and to keep for the next Incumbent 6. If the party put out be gone they may allow his wife and children a fifth part and force payment there of by sequestration 6. None may keep school in the place where he was put out under pain of 10 s. a day see the Ordinance of 2. Sept. 1654 at large And now as touching all the rest of the Rabble of the men and orders formerly called religious of the Regular and secular Clergie such as were the Abbots Priars Monks Friars Canons Nuns Arch-Bishops Bishops Deans Arch-deacons Prebens and the like these are abolished and gone and not owned by our Law at this day Ord. 9. Octob. 1646. We Metropolitan Bishop Suffragan Consecration Congede Estier Regio Asssensu are silent therefore about Metropolitans Bishops Suffragans and say nothing of Conge de Estier Consecration regio Assensu and such like abolished things See Name The Convocation house Convocation hourse was the house wherein the whole Clergy did assemble to consult of matters Ecclesiastical in time of Parliament It did consist of two houses an upper house where the Archbishops and Bishops alone did sit and a lower house where all the rest of the Clergy did sit And the lower house was made up of Clergy Proctors of the Clergy men Chosen for Cathedral and Collegiate Churches and for the common Clergy of every Diocesse which were called Proctors of Prolocutor the Clergy like to the members of the house of Commons And in both these houses they had one they called a Prolocutor like to the the speaker in the Parliament But these Cannons things are now gone and abolished And yet it seemes the provincial or Sinodal Cannons and Constitutions formerly made by the Clergy in the Convocation house or in their other convocations that are not contrary to the royal Prerogative or the Laws and Customes of the Realme are still in force if there were any way to put them in execution as there is not for the Bishops and their Courts are gone and therefore the cannons can be of no force at this day Stat 25. H. 8. ch 19. 27. H. 8. 15. 8. Ed. 6. ch 17. As to Discipline by Church Censures th●● Discipline is now left to the Regular and orderly Churches to be used and Ordered amongst themselves in Christ and his Gospels way But for National discipline by way of Excommunication suspension and the like there can be none such used in these daies Bishops being gone for there is no Law nor way for it S●● the old Statutes of the Clergy and that 〈…〉 them 〈…〉 H. 6. 1. 〈…〉 5. Westm 1. 〈…〉 5. 1. 〈…〉 H. 4. 〈…〉 and 〈…〉 Act 〈…〉 〈…〉 of 〈…〉 2● 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sale of their Lands 25. June 1649. 23 June 1649. 2. June 1649. 20. June 1649. FINIS Sheppard of the Laws concerning Religion

parish or to any parish Church to serve God but so as Going to Church they serve him they may joyne themselves unto what Assembly and in what place they please Act 27. Sep. 1650. 5. As for other places called heretofore religious houses such Monasteries Abbies Chantries as were Abbies Priorys Monasteries Chantries being places of superstitious chanting or singing and such like houses they are abolished and gone and Conventual Cathedral Churches for Bishops Deans such like are going after them but it is parish Churches and Chappels the law takes care of See Free Chappel As touching Religious 9. Religious Persons or Clergy persons that is Ministers and preachers of the Gospel sometimes called in our law by the name of religious men sometimes by the name of Clergy-men sometimes Ecclesiastical persons sometimes spiritual persons sometimes but improperly the Church and sometimes Parsones Curates and Vicars as to these and the law concerning them in order to the preservation of religion these things are to be known 1. That they are to be well qualified Sect. 3. for and orderly Called and Admitted into the office and then being called to any people or parish their duty is to look to and watch for the souls of these people to dispence the bread of life by preaching to pray for the people to use and shew charity toward the poor and hospitlity towards all and that this may be the better done the law doth require they should be resident and will not allow them to be absent from their Charges but by some special dispensation And for this they are to have the profits of the Church and churchhay the Glebe land and the Tythes of all the yearly increase within the parish also the oblations obventions and mortuaries usually paid in the place And all encouragements And that the present maintenance by Tythes be not taken away nor impeached until a better provision can be made Government Art 35. And in respect of their continual Attendance upon their sacred function they are freed frō all personal charges that may hinder them in their calling for such shall not be chosen Baliffs Beedles Reeues or other such like officers nor be compelled to come to the Sheriffs Leete and they may have an action of Trespasse for any Trespasse in the Trees or Grasse of the Glebe or Church hay they may make any lease of their Tythes or their Glebe during the time they are Parsons but they can do no Act to barre their successors now unlesse it be within the statutes of Ecclesiastical persons for they have not the meer right of the land in them in right of their Churches but the fee-simple is in Abeyance and therefore they cannot Discontinue but every Act they doe will be avoided when they cease to be incumbents except such as be done by consent of Patrone and Ordinary which will binde for ever if none of the statutes touching Ecclesiastical persons hinder But for the particular opening of these things and the setting forth the law herein as it stands at this day we shall speak something to these two things 1. What he is to be and do 2. What he is to have and receive For the first of these 1. The law requires Quallification of Ministers that such as enter into the office of a preacher of the Gospel be duly qualified that he be unblamable in Conversation found in opinion able to teach and for this the Bishop was carefully to examine him and by information from others to satisfie himself herein and now there are called commissioners specially appointed to try examine and Admit such as are presented to any place And as touching them and this thing know these things First that none can come into any Benefice or Lecture now but he must passe through this examination and have their Approbation under seal of their office Secondly this being done it will be as much and as Institution and Induction good as Institution and induction Thirdly These Commissioners before they approve any must have a Certificate under the hands of three persons at least whereof one a Minister of known Godlinesse and integrity of the holy and good Conversation of the man Fourthly Augmentation All persons that will receive any Augmentation by Parliament provision must be thus Approved and Allowed Ord. 20. March 1653. 2. He ought to be Admitted and Allowed he was therefore to be Called Approved and allowed by a Bishop or by one of the Universities And with out this no man was to have taken upon him Presentation the office Stat. 13. Eliz. 12. 31. Eliz. 26. 3. And he that is to come to a Benefice at this day must have some kinde of presentation to it such as the time doth yeild if it be from the LORD PROTECTOR or the Keepers of the great Seal by the great Seal from any other he must have a gift or collation but here by the way for a third thing it must be noted that the presentation Collation must be free and the Incumbent must come in without corruption And it is therefore provided by the 13. Eliz. cap. 1● that if any sell any spiritual living as if a patron take money or other reward to present his Clerk or a clergy man to any parsonage or Vicarage or take upon him the Parson or Vicar or promise for any reward to resigne again upon request all such presentations and the Institutions and Inductions thereupon gotten by this means are void and the party giving and taking doe each of them forfeit the double value of the church for one year And the party that doth give is hereby made incapable of 10. Simony that Church for ever Stat. 13. Eliz. chap. 6. wherein these things are farther to be known 1. That if a man give the reward himself he is said to be simoniacus but if it be given by another without his privity he is said to be simoniace promotus and in both cases it is alike Dangerous and penal Coo. on Litt. 120. 2. A the Church being void contracts Simoniacally with the patron to have the presentation and upon this Corrupt Agreement he presents R a man ignorant of this agreement in this Case he was removed Calverts Case in the Exchequer in Brownlows Rep. 2. part 164. 3. This law of Simony doth hold as well where the patron that doth present is an usurper as otherwise but in this case the rightful patron and not the LORD PROTECTOR shall have the next presentation but otherwise it is where the rightful patron doth make such a corrupt contract Coo. on Litt. 120. For in this case albeit he that comes in upon this corrupt contract be admitted and die in the Parsonage Sect. 4 yet the LORD PROTECTOR hath not lost his Turn but shall present but if he had resigned or made cession and then another had been presented and then the first Clerk had died then the LORD PROTECTOR had lost his

presentment Brownlows Rep. 1. part 164. 4. But to Sell or buy for onesself or for some other the next Avoydance of a Benefice for reward it seems is not symony M. 8. Jac. B. R. And yet see Winch●ombes case 14. Jac. C. B. the case was A a Clerk when the Church was full agree with the patrone to give him 98. 1. when the Church should become void the then Incumbent being a very old and sickly man and Agreed that the patron should grant the next Avoidance to a friend of the Clerks who did present him this was held a Simonical contract see in this Rep. 2. page 7. A contract by one with the Patrons brother the Church being then full that if he could procure three grants of the next Avoidance to be surrendred and the patron to present him when it became void he would make him a leafe of parcel of the Tythes of the Rectory and he during the life of the Incumbent got the grants to be surrendred and all the rest was done and it was Agreed to be void 5. And in this case the Church wil be void without deprivation or sentence Declaratory March 84. pl. 139. 6. An Incumbent presented by Simony cannot sue a parishioner for Tythe March 84. pl. 139. see more Coo. 3. part Inst cap. 71. But the law at this Subscription and reading of Articles day doth not require that he should read and subscribe the Articles of Religion nor Oath of supremacy take the Oath of Supremacy nor observe any of the Orders formes or Ceremonies conteined in the Book of common prayer or in the Cannons nor that he should be Instituted and Inducted into a Benefice when he is to receive it but it is sufficient that the same be given to or Conferd upon him Commonprayer And now by the new Ordinance March 20. 1653. it is declared that all those that come into any Benefice according to the rules thereof shall be as fully intitled to the Institution and Innuction same as if they had been instituted and inducted into it and by another new Ordinance 30 August 1654. it is provided That where one was formerly Evicted or sequestred and yet he keepes in the place and none was put in by the 30th of August 1654. the Patron may present within four Moneths after the 28th of August 1654. to the Cōmissioners for approbation they may admit him And in places of all such Ministers as the Commissioners of the Counties shall eject for scandal c. the Patron must present within four moneths after the Ejectment to the Commissioners for Approbation And if he that is ejected die or resign these Cōmissioners for approbation may give the Minister admission and this is as good as Institution and Induction in all these cases 2. Being in the office and a charge in his hands he ought then to be resident and abiding amongst his people and there to 2. Non-Residence what it is watch over and look to their souls and there to be an example of piety sobriety honesty Charity and hospitality to them And it is forbidden him to be non resident And therefore plurality Plurallitie what it is that is that such a man should have two or more spiritual livings or promotions is generally forbidden to such a man And the Consequence of it is this that by the taking of the second the first doth become void and cession what he looseth the first by Cession And this is against the Ancient common law it self And it is now forbidden by divers statutes except only in some Chapplaine who special cases to some great mens Chaplains that is such Ministers as depend upon them for the service of God in their houses where commonly they have a Chappel But if any such person having a Benefice be it Where a Minister may be non resident and have pluralitie of livings Or not parsonage or vicarage shall not be resident upon it but wilfully absent himself by the space of one moneth for a time or two moneths at several times in one year he looseth 10. 1. by the Stat. of 21 〈◊〉 8. 13. and no dispensation will serve in this case But such persons as were in the Kings service beyond the sea during that time only schollars under forty years old studying at the University that have ofsice or doe exercise there and are in the University and present at their house Excrcises and such as did exercises themselves the Chaplaines of the King and divers other great persons might have been non resident so long as they were Attending upon such great men in their houses so such as are imprisoned or sick or attending upon and by order of any Court are excused of their residence And if there be a Parsonage house some hold that he must be resident upon it but if not he may reside else where in the place Coo. 4. 79. 118. 9. Ed. 3. 22. F. N. B. 34. Articuli cleri 8. 9. Ed. 2. 14. H. 8. 17. Co. 6. 21. Stat. 28. H. 8. 23. 26. H. 8. 14. 15. 11. 8. 16. 33. H. 8. 28. If any man that hath a Benefice with Cure of souls of the yearly valew of 8. l. or above do accept of and shall be duly put into another Benefice with cure of souls and be in possession thereof the first shall be Adjudged void and the patron may present again And no dispensation can be in this Case 2. He is amongst his people to teach nothing but sound doctrine and purely to administer the holy Sacraments he is to take care of the holy worship of God For this see Coo. 11. 70. 6. 21. Stat. 13. Eliz. ch 12. 2. and 3. Ed. 6. 1. 5. and Sect. ● 6. Ed. 6. 6. 3. He is to preach once the 5th of Novem. Stat 3. Jac. 1. 4. But he is not bound now to but forbidden the use of the Common-prayer-book Common-prayer nor is he bound now to any Ceremonies therein Ceremonies nor any thing enjoyned concerning the same or by the Bishops Canons or touching the reading of the Articles of Religion or the statute of 5. and 6. Ed. 6. to perswade men to come to their parish Church for these laws are abrogate Ordi March 5. 1653. Act 27. Sept. 1650. Ordi 3. Jan. 1644. 5. He is to take care 12. D lapidations to keep up and maintain in good repair the houses and buildings standing upon and belonging to his Benefice For if there be any dilapidations that is wilful or negligent ruine or decay therein the executors or Administrators of the persons in whose time the same was done or suffered must make amends to him that doth succeed in the same spiritual living And he might have sued for the same in the spiritual court And if the offender in this case had made a deed of Gift to defeat the successor of the effect of his suit it had been void Stat. 13. Eliz. 10. The