the Controversy about the Celebration of Easter threatens to Excommunicate the Asiatick Churches for which he is severely reproved by Iraeneus Anno. 196. Tertullian Writes his Apology Anno. 200. Sixth Persecution wherein Ireneus suffers Martyrdom in France Anno. 202. under Severus Origen sets up a School at Alexandria Anno. 203. Minutius Felix flourished A. 207. Vlpian the Lawyer flourished An. 223. who instigated a cruel Persecution at Rome Origen Persecuted and Synodically condemned by Demetrius Bishop of Alexandria Anno. 230. Plotinus Scholar to Ammonius 232 The seventh Persecution under Maximinus Anno 235. Babylas chosen Bishop of Antioch Anno. 239. Cyprian chosen Bishop of Carthage Anno. 248. The Eighth Persecution by Decius Anno 250. Great Schisms in the African Church about the Lapsed Anno. 251. The Novatian Doctrin condemned in a Synod of 60 Bishops at Rome 252. The ninth Persecution under Valerian Anno. 257 St. Cyprian beheaded at Carthage Anno. 258 Gallienus the Emperor stops the Persecution against the Christians Anno. 260. Paulus Samosetanus Bishop of Antioch is Deposed and Condemned by a Synod at Anâ—â—och Anno. 270. The Manichaean Heresie sprung up Anno. 277. Cyril the 18th Bishop of Antioch Anno â—78 The Persecution under Dioclesian Anno 3â—0 Writings falsly attributed to Dyonisius Areopagitâ— for the good of Students in Divinity that they may not be imposed on De Divinis Nominibus De Mistica Theologia Epistola ad Polycarpum Epist ad Titum Epist ad Johannem Evangelistam St. Clemens Epistola ad Corinthios a genuine Writing 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Photius stiles it worthy all esteem and veneration it breaths the true Genius and Spirit of the Apostolick Age. Epist ad Jacobum Fratrem Domini is supposititious so are the Homeâ—iae Clementinae Constitutiones Canones Apostolici Ignatius his Genuine Writing are Ad Ephesios Ad Trallianos A Philadelphenos Ad Magnesianos Ad Romanos Ad Smyneos Ad Polycarpum the rest suppositious Justin Martyr's Genuine Writings Paraenesis ad Graecos Apologia pro Christiani two Parts Dialogus cum Tryphone Judae Clemens Alexandrinus his Genuine Writings Proterxticon ad Gentes Pedagogi Lib. 3. Stromat Lib. 3. Suppositious Commentariola in 1. Epist Petri. Epist Judae 3 Epist St. Johannis Tertullian his chief Genuine Writings Apologeticus De Spectaculis De Corona Ad Nationes De Idolatria Ad Martyras De Patientia De Virgin Valandis De Baptismo adversus Valentinianos De Anima De Resurrectione Cyprian his Genuine Writings Epistola ad Donatum Epistolae 38. in secessu Epistolae Variae 8. De Disciplina Habitu Virginum De Lapisis De Vnitate Ecclesiae Catholaecie De Oratione Dominica Ad Demetrianum De Idolorum Vanitate De Mortalitate De Opera Eleemosynis De Bono Patientiae De Zelo. De Exhortatione Martirii ad Fortunatum Testimonium adversus Judaeos Concilium Carthaginense De Baptizandis Haereticis St. Gregory Thaumaturgus his Genuine Writings 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad Origen Metaphrasis in Ecclesiastem Bâ—â—â—is Exposicio Fidei Episâ—ola Canonicâ— Since the first General Councel at Nice against Arrius 1351 years Since the second General Councel holden at Constantinople against the Heresie of Macedonius who denied the Deity of the Holy Ghostâ— 1287 years Since the third General Councâ—â—â—gâ—â—nst Pelagius and Nestorius held at Ephesus 1238 years Summoned by Theodosius the Second where in Nestorius himself was present St. Cyril therein earnestly contended for Christs Divinity affirming him one and the same Son of God begotten of the Father before all Ages and in the last times made Man of a Virgin and that the Blessed Virgin ought properly and truly to be called θευτόχος or the Mother of God Hereat Nestorius rose up and told them plainly he would not own a God that grew to Mans Estate by two or three Months and so forth and so washed his Hands and would come no more into their company Since the fourth General Councel held at Chalcedon against the Heresie of Eutyches under Martian 1216. Years The Dioclesian Persecution set on Foot Anno 303. Constantine the great Emperor Anno 306. Eusebius Caesariensis flourished Anno 229. Eusebius wrote a Confutation of Hierocles who wrote against the Christians as Origen did against Celsus and Porphyry Arius began cunningly to broach his Heresie in the time of Eusebius The Nicene Councel summoned under Constantine Anno 325. Athanasius chosen to the Sea of Alexandria Anno 326. 318 Bishops met at the Nicene Councel they with their Attendants were Transported to Nice at the Emperors charge and maintained at his cost during their being there 17 Bishops appeared for the Arian Heresie wherein Constantine sat as a publick Moderator and Arius was banished into Illyricum In this Councel of Nice was debated the Paschal Controversy concerning the time oi the Celebration of Easter wherein the Christian World was so much divided the Eastern Churches observing it after the Jewish Custom on the 14th day after the Phasis or Appearance of the Moon the rest on the next Lords Day after the Jewish Passover A question controverted from the very infancy of the Church And in this Councel it was Universally agreed to follow the usage of these Churches whose custom it had heen from all Antiquity to observe it on the Lord's Day next ensuing the Jewish Festival In this Councel likewise were digested Twenty Canons about Ecclesiastical Discipline all extant intire at this day A Synod holden by the Arians at Tyre where they Try Condemn and Depose Athanasius Anno 334. Athanasius banished to Triers by Constantine Anno 336. And released by his Son Constantine Anno. 337. Arian Dies a sudden and sad Death Anno 336. Constantine the Great Dies Anno 337. Constantius to whose share the Eastern Empire sell and his Empress favour the Arrians The Synod at Antioch called Synodus in Encenys Deposeth Athanasius Anno 341. But Athanasius Purgeth himself at a Synod at Rome called by Pope Julius The Synod at Sardica where the Eastern Bishops refuse to joyn with them in the West notwithstanding which Athanasius is heard absolv'd and restor'd Anno. 347. Athanasius condemned by the Arians in a Synod at Arles Anno. 353. Constantius when the Orthodox Catholick Bishop refused to Subscribe the Arian Tenents said to them What I command let that be your Canon either submit or be banished The desperate attempts of the Arian Faction at Alexandria under Count Syrinus who with a party of 500 Soldiers broke into the Church where the People were met for their common Devotion and suddenly rusht in with drawn Swords Spears Clubs c. The Guards were set round the Church and the Tragedy began and there were multitudes Killed Virgins Abused Athanasius sat still till forced by the Monks through the Guards narrowly escaped the very Gentiles were ashamed of their Actions Athanasius retired to the Wilderness where he enjoyed the Company of devout Hermits there were two sorts of them Eremitae and Caenobitae the first were wholly devoted to Solitude and
by Lapse a Clerk of his own choosing This is called in Law a Collation and if the Bishop shall not Collate within six Months then the Archbishop shall Collate his Clerk and if the Archbishop do not Collate within six Months then the King shall Present The six Months shall be accounted according to the Calendar and not according to 28 days to the Month. If the Church become void by Death of the incumbent the six Months shall be accounted from the time of his Death So it is if the Church become void by Creation i. e. by making the present incumbent there of a Bishop but if the Church become void by Resignation which Resignation must be made to the Bishop or by Deprivation then the Bishop must give notice of such Resignation or Deprivation and the six Months shall be accounted from the time of such notice If the King be Patron and doth not present his Clerk to the Church within six Months there the Ordinary ought not de jure to Collate in regard of the said Lapse he ought only to Sequest the Profits of the Church till the King will Present A common Person cannot revoke repeal or vary from his first Presentation because he hath put it out of himself and he hath given the Bishop power to perfect what he himself began yet before Induction the King may revoke his Presentment Before the Clerk is admitted and instituted he ought to be examined by the Bishop If once the Bishop refuseth a Man for insufficiency he cannot afterwards accept of him The Clerk is not bound to shew his Letters of Orders or Letters Testimonial to the Bishop upon his Examination Trin. 43. Eliz. B. R. Palms and the Bishop of Peterborough's case If the Bishop find the Clerk able he admits him in these words Admitto te habilem And afterwards he doth institute him unto the benefice or Church thus Instituo te rectorem Ecclaesie parochialis de D habere curam animarum accipe curam tuam meam The Bishop may examin admit and institute a man cut of his own Diocess In all cases if a Church Lapse to the Bishop or Archbishop and the Pation presents his Clerk before the Bishop or Archbishop have collated the Bishop is bound to admit the Clerk of the true Patron and cannot take advantage of the Lapse A Clerk must subscribe to three Articles 1. To the Supremacy 2. That the book of Common prayer and of ordering Bishops Preists and Deacons contains nothing in it contrary to the word of God 3. That he alloweth of the 39 Articles of Religion and acknowledgeth them to be agreeable to the word of God The Delinquent against the Canons of King James made at a Convocation in London Anno Dom. 1003. is to be preceeded withal by the censures of the Church Cheif Justice Wrâ—y Pasch 23. Eliz. reports that whereas one Smith subscribed the 39 Articles with this addition so far forth as the same were agreeable to the word of God that this was not according to the Stat. 13. Eliz. Induction is usually done by the Archdeacon It is the putting the Clerk in Possession of the Church Glebelands Tyths c. by the institution he is admitted ad Officium by induction he is intitled ad beneficium No man is capable to be a Parson Vicar c. before he is a Priest in Orders which cannot be before he is four and twenty years of 〈◊〉 By the Stat. 14. Car. 2. Cap. 4. he must make a Subscription according to the said Act and have a Certificate from the Bishop that he hath so done Within 2 Months after he is inducted he must during Divine Service read the 39 Articles in the Parish Church and declare his unfeigned assent and consent to all that is therein contained positively He must within 2 Months after he is inducted upon some Sunday read the book of Common Prayer i. e. the whole Service of the Church appointed for that day and likewise declare his assent and consent to all the matters and things therein contained in these words J. A. B. Do declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book intituled the Book of Common Prayer and administration of the Sacraments and other rites and ceremonies of the Church according to the use of the Church of England together wâ—th the Psalter or Psalms of David pointed as they are to be sung or said in the Churches and the form or manner of making ordaining and Consecrating of Bishops Preists and Deacons He must likewise within 3 Months after his Institution upon some Lord's day during Divine Service publickly read his Certificate from the Bishop of his Subscription to the Declaration following and he must at the same time read the Declaration it self in the Church where he is to Officiate before the Congregation there assembled The Declaration follows I A. B. declare that it is not Lawful 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 these that are Commissiâ—nated by him and that I will conform to the Liturgy of the Church of England as it is now Established The clause about the solemn League and Covenant is now expired Observe That the Parson Vicar c. must upon the accoptance of every new Living or Ecclesiastical Preferment within this Law repeat all these things Let him have some credible Witnesses present when he makes his Subscription before the Bishop and that they attest the Bishop's Certificate and that they get two books of Articles and when they read them that he gives one of them to some Parishioners to read with him and attest the same that they were present and heard the Clerk read the 39 Articles during the time of Common Prayer and declare his unfeigned assent and Consent to all the matters and things therein contained by subscribing their names thereunto When he reads the Book of Common Prayer let some intelligent Parishoners read with him and give them a copy of the Declaration aforesaid and let them attest under their hands his reading of the Common Prayer and Declaration whith may be done in this Form In a fair legible hand write the Declaration aforesaid Then write under Memorandum That upon Sunday the in the year of our Lord _____ A. B. Parson of D. in the County of D. read common Prayers in the said Parish Church of D. both in the forenoon and afternoon of the same day according to the form and order prescribed and directed by the book entituled the book of Common Prayer and Administration of the Sacraments and other rights and ceremonies of the Church according to the use of the Church of England c. and immediately after reading the same made a declaration of his unfeigned assent and consent to all the matters and things therein contained in the form and words
THE PARSON' 's Vade Mecum Containing choice Observations about the accounts of the Year Ecclesiastical Censures of the Primitive Fathers and their writings a Catalogue of the Arch-bishops Bishops and Deans in England and Wales their Election Consecration Instalment with the Clergies Tenths and their Valuation in the King's Book Degrees of Marriage Non-Residence Dispensations Pluralities Deprivation Dilapidations Tythes and Symony c. Very fit for the Perusal of all Clergy-men and Gentlemen Licensed Novemb. 4th 1692. E. Bohur London Printed for T. Salusbury at the King's-Arms near St. Dunstans Church in Fleetstreet 1693. THE EPISTLE TO THE Clergy-Reader Reverend Sir I Have perused several voluminous peices concerning the Acts Offices Qualifications and Priviledges of your Sacred Function and several other matters and Ecclesiastical Histories Laws and Statutes relating thereto but in some they lye scattered and immethodical and in others the treatises are so prolix that neither time nor money can well be spared by the inferiour laborious Clergy to read or purchase them I then thought it would be a work not unacceptable to cast my choicest observations into a methodical Abstract the persuance of which Thought hath produced this little Peice there are many new things inserted with which most of the Clergy are unacquainted and which they will take pleasure to be informed in The rest are notes out of the Laws and Statutes of this Kingdom under proper Titles and the abstract of Ecclesiastick Story which will be very instructive to you in many cases especially the Chapter of Tithes which comprehends the principal of the whole Learning thereof and many new cases lately adjudged are therein cited In short Parsons love to have good penniworths and I dare presume to say That after perusal of this you will not think twelve Pence ill bestowed I am your Humble Servant R. M. THE Parsons Vade Mecum CHAP. I. Short observations of the account and beginning of the Years and Days Of certain feast-Feast-days And of Ember Weeks THE English Church and State begins the Year on the 25th day of March which is also observed in Spain The Portuguese begin the Year on the 29th day of August The Venetians on the first of March The Grecians on the longest day as the old Romans did on the shortest day The Natural Day consisting of Four and Twenty Hours is begun at midnight in England In Italy Bohemia and Poland their account is from Sun setting and at Noremberg and Wittenberg in Germany according to the old Babylonian account they begin the first hour after Sun-rising to count one of the Clock and so again at the first hour after Sun set Amongst the Jews the Night was divided into Four Quarters or Watches each Watch containing three Hours The first they called Caput Vigilarum The second the Middlewatch because it ended at Midnight The third began at Midnight and held till Three in the Morning Luke 12. 38. The last called the morning Watch began at three and ended at six Matt. 14. 25. In the Fourth Watch of the Night Jesus went to them the first was also called the Evening the second Midnight the third Cock-crowing the fourth Dawning Ye know not when the Master of the House will come at Even or at Midnight or at Cock-crowing or at the Dawn Matt. 13. 35. Their Day was likewise divided into Four Quarters Matt. 20. As appears by the Parable of the Vineyard The first Quarter began at six of the Clock in the Morning and held till nine The second Quarter ended at twelve The third Quarter at three in the afternoon and the fourth at six at night The first Quarter was called the third Hour The second Quarter the sixth Hour The third Quarter the ninth Hour and the fourth Quarter the eleventh Hour The Roman Account is ten Days before our English Account so that our first day of the Month is their Eleventh Day This is called Stylo Novo The Old Stile or Julian Account is observed by the English Nation and all other Reformed States except Holland and Zealand The new Stile or Gregorian Account is observed by all those still under the Romish Yoke Easter and other moveable Feasts in England are thus sound Shrovetuesday is always the fâ—rst Tuesday after the first New Moon of January except that New Moon happen on a Tuesday then the next is Shrovetuesday and the Sunday following is Quadragesima and the sixth Sunday after is Easter day and the fifth Sunday after Easter is Rogation Sunday and the Thursday following being forty Days after the Resurrection is Ascension Day ten Days after which or fifty Days after Easter is Pentecost or Whitsunday and the Sunday following is Trinity Sunday which computation of the Church of England agrees with all the Eastern Christian Churches and these Rules were generally received by all Christendom till Anno Dom. 1582. It was altered by the Pope yet it cannot be denied but that old Computation is become Erroneous For by our Rules two Easters will be observed in one Year as it was in the Year 1667. Advent Sunday is always the fourth Sunday before Christmass Day or the nearest Sunday to St. Andrews whether before or after Ember Days which the Antient Fathers call Quatuor Tempora are observed on Wednesday Fryday and Saturday next after Quadragesima Sunday Whitsunday Holy-rood-day in September and St. Lucyes day in December therefore the Lord L. Coke in his three Institutes Fol. 200. where he saith These Ember Days are next before Quadragesima is under a mistake they are called Ember Days because our Fore-fathers would in those Days Eat no Bread but Cakes made under Ashes and so it put them in mind they were but Ashes c. And that these days were devoutly observed by our Ancestors we may be perswaded out of the Laws of King Cnute Ch. 16. Let every man observe the Fasts which are commanded with earnest care whether it be the Imber Fast or Lent Fast The Ordination of Priests and Deacons is four times in the Year upon four several Sundays in the Ember Weeks CHAP. II. Of Ecclesiastical Censures THE Punishments inflicted by Ecclesiastical Courts proceed in this manner 1. Excommunicatio Minor From the Lord's Supper and he that is thus is disabled to be plaintiff in a Law Suit this commonly is for Contumacy in not appearing on Summons or not obeying Orders this the Bishop may delegate to any grave Priest with the Chancellor 2. Excommunicatio Minor As for Heresie Schism Incest c. pronounced by the Bishop himself If he continue so Excommunicate forty Days an Excommunicato Capiendo goes out against him and he is thereby Imprisoned 3. Anathamatismus Against an obstinate Heretick 4. Interdictum Whereby he is prohibited all Divine Offices as Christian Burial c. The Punishment of the Clergy is 1. Suspensio ab Officio 2. Suspensio a Beneficio 3. Deprivatio a Beneficio 4. Deprivatio ab Officio which is degradation Having met with an old Discourse about
Capias upon a Statute Merchant or Statute Staple and if he be Arrested thereupon a Writ of False Imprisonment lies against the Officers Their Goods are free from Tolls in Fairs and Markets They are not bound to appear at Court Leets If a Clark in Holy Orders be found guilty by the Petit Jury of a Crime for which the benefit of Clergy is allowable he shall not be burned in the hand as a Lay-man shall be A Lay man can have his Clergy but once but a Clark in Holy Orders shall have it ad infinitum No Execution shall be executed upon the Goods of the Church By the Stat. 1 Mariae cap. 3. he must not be disturbed Praying or Preaching CHAP. XIII Of Tythes TYthes are an Ecclesiastical Inheritance collateral to the state of the Land and therefore unity of possession cannot extinct or suspend them but may be dimissed or granted notwithstanding such unity Tythes are Praedial which arise from the profits of the Land Mixt such as arise from Cattle Personal such as arise from Labour or Industry Tythes are also divided into Great Tythes Small Tythes Minutae Decimae Corn Hay and Wood accounted great Tythes Garden stuff Fruits Saffron Woad Flax Hemp and Personal and mixt Tythes are accounted small Tythes Many Vicaridges are endowed with the small Tythes only Before the time that the Parochial rights of Tythes were setled the Owners of Lands might grant their Tythes to any Ecclesiastical or Religious Persons so Tythes of some whole Paririshes were â—tanted to Abbots c. and to the Rectors of other Parishes which is the reason that at this day there are several portions of Tythes held from the Parish Churches by Impropriators and the Rectors of other Churches About the twelfth Century the Parochial Rights of Tythes were generally setled Many Abbots who had Tythes of other Parishes granted to them held out against the Parish Priests and after claimed the Tythes by prescription i. e. by forty years possession and that is the reason that many portions of Tythes are at this day held by Impropriators that had been gained by the Abbots by such prescription and by this means they got their prescrions de non decimando for one Clergy-man may prescribe against another but not a Lay-man No man was capable of Tithes in Pernancy till the Statutes of Dissolutions of Religious Houses enabled them And since then those Tithes which were appropriated to the Religious Houses are become Lay-fee and any Lay-man is capable of them in Pernancy and may sue for the same in the Spiritual Courts All Tythes not appropriated belong to the Rector of the Parish Church wherein they arise yet the Parson of one Parish may prescribe to have a Portion of Tithes in the Parish of another and so might Abbots and other religious persons prescribe to have Portions of Tythes in Parishes whereof they had not the Advowsons and by consequence the Patentees from the Crown and the Improprietators may claim the same by prescription in the Abbots Priors c. and the usage since the Dissolution will serve to prove the prescription and usage in the Abbots c. that they held the same so time out of mind If a Parson lease his Gleab Land and do not also grant the Tythe thereof the Tenant shall pay the Tythe to the Parson If a Parson sow his ground and then sells the Corn growing the Buyer shall pay Tythes of it to the Parson By the Stat. 28. H. 8. cap 11. all the Tythes and other Profits belonging to the Rectory are given to the Successor from the death of the last Incumbent so that the Executors have nothing to do with them The Vicar shall not pay tythes of his Gleab to the Parson without special words Personal tythes are to be paid where the party communicates but praedial to the Parson within whose Parish the Land lies The manner of the payment of Tythes is for the most part governed by the custom of the place as in Sheaves Hay cocks or Grass-cocks no tythes are to be paid of the Aftermaths of Meadow but if the Meadow be so rich that there is two Crops of Hay or Woad got in one year the Parson shall have tythe of both Tythe shall be paid of Hay and Corn growing in Orchards tho the tythes of Fruit be paid the same year Gross Woods are such as are usually imployed for building as Oak Ash Elm Beech and are not tythable but Willows Hasels Hollies Maples Birch Alders Thorns c. of what age or bigness soever are tytheable but if they are for fewel in the Owners Houses they are not tytheable Tythes shall be paid of Nursery Trees if they are sold to be transplanted into other Parishes If the Coppice hath paid tythes the grubbed wood shall not pay any If Oak Ash Elm be cut under one and twenty years growth they are accounted Sylva Caedua and ought to pay tythes But the Loppings of great Oaks Ashes though the Lops be under twenty years growth shall not pay tythes nor of the Shoots that grow from the Roots of such Timber Trees No tythes shall be paid of the Bark of Timber Trees But tythes shall be paid of the Masts and Acrons but then they ought to be collected and sold Litt. rep p. 40 If Wood-ground be mixt with Woods tytheable and Woods not tytheable and the greater part be such as are not tytheable it shall priviledge the rest and so e contrario 16 Jac G. B. Leonards case The Parson may sue the buyer or Seller of the Woods for tythes at his Election The manner of payment of Wood tythes is either by the measure of the ground or every tenth Faggot Herbage is to be paid for barren Cattle which yeild no profit to the Parson No herbage tythe shall be paid for the agistment of Beasts bred for the Plow or Pail and so imployed in the same Parish So if a man eat a ground with his own Saddle-Horses he shall pay no tythe for the same but an Inn-keeper that eats with Guests Horses shall No tythe is due to the Parson for Deer Conys c. without a Special Custom If a ground be eaten with profitable Cattle as Milch Cows Ewes Lambs and Cattle bred for Plow and Paâ—l shall not pay tythes If a Stranger or Parishioner buy barren Cattle and feed them for sale he shall pay tythe for the herbage of them So of young Cattle For the Grass of Fallows no herbage shall be paid nor of Stubles If the Parishoner hath under seaven Lambs or Fleeces he shall pay an halfpenny for every Lamb and Fleece Where Sheep are kept in one Parish in Summer and another in Winter the tythes are to be divided So if one buy Sheep out of another Parish Tythe Cheese must be paid whilst Cheese is made but in 〈◊〉 and Winter tythe Milk is 〈◊〉 be paid in kind But in all places the custom is to be observed Tythe of Lambs Calves Pigs c. is
regularly when they are so old that they may be weaned and live without the Dam. Wool is to be paid at the Sheer-day If a mans Sheep dye of the Rot or the Owner kill them he must pay tythe for the Wool rateably Tythes are to be paid of Fruits in kind when gathered So of Mast or to be satisfied if eaten with Swine The tythe of Bees is to be paid by the tenth part of the Hony and Wax Of young Pigeons in Dovecoats c. tythes shall be paid if they be sold Geese Ducks and Swans are usually paid in their kind but of Hens and Turkies commonly in their Eggs Where they pay tythe of Eggs there is no tythe of the Young sic e converso No tythes due for Dwelling-Houses properly No tythes shall be paid of those hings which do not annually increase as Stones Turfs Slates Bricks Tiles Marble-lime Tinn Lead Copper unless by special tcustom Tythes due by Custom are of two kinds 1 Where there is a modus decimandi and by custom mony or some other thing is paid in lieu of tythes 2. Where tythes hath by custom been paid of things not tytheable as of Lead in Darbyshire Tynn in Devonshire In some Countrys they say they pay tythe ale a very proper place for fudling Parsons to live in The Parson Vicar Impropriator or Farmer cannot come himself and set forth the tythes without the License and Consent of the Owner of the Corn Hay c. if he do and carry it away he is a Trespassor But a Parson Vicar c. may after the tythes are set forth come himself or his Servants and spread abroad and dry his Corn Hay c. upon any convenient place in the ground till the same be fit to be carried into the Barn The Parson and Vicar may carry his tythes from the ground either by the common way or any such way as the Owner of the Land useth to carry away his nine parts but if the Owner of the ground will not suffer the Parson Vicar c. to spread and dry the Corn or Hay upon the ground or will stop the ways and not suffer the Parson to carry them away this is no good setting forth within the Stat. 2 Edward 6. and they may have an action upon the Case for such disturbance In all Cases where a spiritual person prescribes in non decimando his Tenant and Farmers shall take the benefit thereof If any of the Abbots Priors c. that came to the Crown by the Stat. 27 Heu 8. c. 28. were discharged of payment of tythes by prescription de non dicimando yet the Patentees of the Lands shall not have the benefit of such prescriptions but shall pay tythes But if the Kings Patentees of those Abby Lands that came to the Crown by Stat. 31 H. 8. may take the advantage But every Lay-man may prescribe de modo decimandi as to pay so much in lieu of all tythâ—s to the Parson It hath been held a void prescription to pay a Load of Hay yearly in discharge of all his tythehay that is to a part in discharge of the whole It is no good modus to pay for every milch Cow 2 d. and for every Calf 1 d. in discharge of the tythes of all other Cattle but it is a good modus for the Calves and Milk only A modus to pay thirty Eggs in Lent in satisfaction of all the tythe of Eggs hath been held a good modus It is a good modus that the Parson time out of mind hath had so much or such a parsel of Meadow or Land in satisfaction and discharge of the tythes of Hay c. arising upon the Land A modus that in consideration the Parishioner hath cut dryed and shockt the Corn he hath been freed from the payment of tythehay hath been held a good prescription The Aftermath is freed from the payment of tythes If a man prescribe to pay six shillings and eight pence for all the tythes arising and hapning in such a Park and the Park is disparked and turned to tillage the prescription is gone It hath been held a good modus to give a Buck or Doe yearly to the Rector c. in discharge of all the tythe arising within the Park And it shall hold though the Park be discharged But if the modus have been only for the herbage of the Park and it be disparkt and sown with Corn the modus is gone If a man have a modus for all the Hay and Grass upon twenty Acres of Land and converts the same to Tillage he shall pay tythes thereof So it appears a great difference where the modus goes to all manner of tythes in general and where to particular tythes At Yarmoth c. when they return from fishing they divide the Doles and the first Dole which is set out is called Christ's Dole half of this is given to the Parson of the place where they Land and the other half is to be distributed amongst them to give to the Parson where every one inhabits If the Parishioner compound for his tythes during his life without deed its ill Alteragium are such minute tythes which the Vicar shall have and shall be expounded according to the use as Wood Wooll c. Lit. Rep. 243. Copper Mills Fulling-Mills Glass-House c. shall not pay tythes Where a modus is alleadged to pay a certain sum to a Vicar in discharge of any tythes due to the Parson it seems to be a good modus Tythes must pass by grant under hand and seal or by fine c. Tythes impropriate are become Lay-fee and may pass by Will and may be granted by name of Hereditaments Upon a Lease for Lives of tythes no rent can be reserved But upon a demise of tythes for years a rent may be reserved and an action of debt may lye for it Barren Heaths by Stat. 2 Ed. 6. shall be discharged of payment of tythes of Corn or Hay for the first seven years after the improvement If a Wood be grubbed up and made fit for tillage it shall pay tythes presently Parsons and Vicars at this day notwithstanding the confirmation of the Patron and Ordinary cannot make a real composition for no longer than the Parson and Vicars Life Offerings which are customary and certain as for Communicants Marriages Christnings Churchings of Women Burials are by Stat. 2 Eliz 6. confirmed to the Parish Priests Vicars and Curats of the Parishes where the parties live that ought to pay the same All Monasteries under 200 l. per annum value were dissolved by Stat. 27 H. 8. and none of those Abby or Priory Lands are freed or discharged of the payment of tythes by the Stat. 31. H. 8. c. 8. or by any other Law The Abbots at the time of their dissolution held their Lands discharged of tythes 1. By the Popes Bull. When the Pope here in England would grant exemption to this or that Abbot as pleased him 2.
By real composition between the Parson and the Abbots confirmed by the Patron and Ordinary 3. By Prescription 4. By Order Cistertians Hospitalers and Templars and the Praemonstratenses were discharged of the payment of tythes But the priviledges granted to these Orders extended only to the Lands these Orders held in their own hands and not to any which was held by their Tenants or Farmers The Templars Anno Dom. 1311. were condemned for Heresie and their possessions were by Act of Parliament given to the Hospitalers or Knights of St. John of Jerusalem 5. By Perpetual Unity That is where an Abbot Prior c. time out of mind hath been seised of the Lands out of which the tythes arise and the Rectory within which Parish the Lands lie It must be perpetual that is the Abby must be founded and endowed with the Land and Rectory before the time of memory which by the Rules of the Common-Law must be before the first year of Rich. 1. for if by any Records Deeds or other Legal Evidence it can be made appear that eirher the Land or Rectory came to the Abbey since the first year of R. 1 the Union is not perpetual The Stat. 31 H. 8. extends not to free or discharge any Lands from the payment of tythes save those that came to the Crown by that Act. No man shall pay a Mortuary unless he died possessed of Goods to the value of ten Marks If he had ten Marks in moveable goods and under thirty pounds then he should pay 3 s. 6 d. if above thirty and under forty pounds then he should 6 s. 8 d. if above forty pounds 10 s. The Citizens of London pay yearly for every ten shillings rent of all Houses Shops c. within London 16 d. ob If tythes be in the hands of temporal men they are by reason of them contributory to temporal charges Tythes are at this day chargeable with all charges imposed by Act of Parliament wherein they are not exempted Tythes are at this day subject to pay first fruits which are the first years profits of every Spiritual Benefice at a new Incumbents entry into his Living The First Fruits are not rated at full and utmost value of the Living they are to be paid for but according to the valuation taken and made in the 26th year of King H 8. and now used in the First Fruits Office These First Fruits are not to be paid all at once but one quarter of them is to be paid at the end of six months from the time of the induction another fourth part at the end of twelve months another fourth part at the end of eighteen months and the last fourth part at the end of two years All Vicaridges not exceeding ten pounds and all Parsonages not exceeding ten Marks according to the valuation in the First Fruits Office are discharged from the payment of First Fruits by Stat. 1 Eliz. c. 4. now the reason why Vicaridges not exceeding ten pounds should be freed of this charge and Parsonages of ten marks should pay them was that the Vicaridges in time of Popery and when the valuation was taken had a great income by voluntary Offerings which falling to little or nothing upon the dissolution of Monasteries this favour was afforded them in their First Fruits CHAP. XIV Simony Vid. Stat. 13 Eliz. Cap. 6. IF any shall receive or take Money Fee Reward or Profit for any Presentation to a Benifice with Cure altho he which was presented be not knowing of it yet the Presentation Admission and Induction are void For he is Simoniace Promotus 12 Rep. Coll. Dr. Hucthinsons Case Every Incumbent that comes in by Simony is so disabled for ever after to be presented to the same Church that the King to whom the Law gives the presentment cannot present the same man again to the same Church The King cannot dispense with the said Statute by any non obstante and though he pardon the Simony yet that makes not the party capable If the Church be void by Simony the Ordinary is not bound to give notice of the Avoidance to the Patron One presents I. S. to a Church which is void and upon the Presentation he takes an Obligation of him to resign upon request that the Obligee may present his Son when he is of full Age this is a good Obligation and not made on a Simoniacal Contract M. 8. Jac. B. R. Johns and Lanrence's Case FINIS A Catalogue of some New curious Books the four first never Published before â—his Michaelmass Term 1692 and most of the others published but a little before in the same year all Printed for and Sold by Tho. Salusbury at at the King's Arms next S. Dunstans Church in Fleetstreet THE Reformed Gentleman or the Old English Morals rescued from the Immoralities of the present Age shewing how Inconsistent those pretended Geenteel Accomplishments of Swearing Drinking Whoring and Sabbath breaking are with the true Generosity of an English man With an account of the proceedings of the Government for the Reformation of Manners By A. M. of the Church of England bound in 8. price 1 s. 6 d. 2. An Essay against Vnequal Marriages in four Chapters 1. The Introduction 2. Against Old Persons Marrying with Young 3. Against Persons Marrying without Parents or Friends Consent 4. Against Persons Marrying without their own Consent By S. Bufford Gent. in 12. bound price 1 s. 3. The Parsons Vade Mecum or A Treatise containing Choice Observations about the accounts of the year moveable Feasts Ember-weeks Ecclefiastical Censures the memorable things in the three first Centuries and some after Ages Archbishops and Bishopricks their Election Consecration Installment c. Patronage Institution Induction Non-residence Dispensations Pluralities Deprivation Dilapidation Priviledges of Clergymen Tithes and Simony very fit for all Clergymen and Gentlemen in 12. bound price 1. s. 4 Sermo Mirabilis or the silent Language Whereby one may learn perfectly in the space of six hours how to impart his mind to his Friend in any Language English Latin French Dutch c. tho never so deep and dangerous a Secret without the least Noise Word or Voice and without the Knowledge of any in Company Being a wonderful Art kept secret for several Ages in Padua and now published only for the wise and prudent who will not expose it as a Prostitute to every Foolish and Ignorant Fellow By Monfieur La Fin once Secretary to his Eminence the Cardinal of Richlieu 5 Blunts Law Dictionary being the best extant 10 s. 6 Behmens Theosopick Phylosophy unfolded 4 to 6 s. 7 The History of the late great Revolution in England and Scotland 5 s. 8 Eachara's Gazzetteer or Newsmans Interpreter 2 s. 9 Compendium of Geography general and special c. 1 s 6 d. 10 Description of Ireland with 5 Maps 1 s. 6. d. 11 Description of Flanders with a Map 1 s. 12 Description of the Duke of Savoys Dominions 3 d. 13 Tryons new Art of Brewing Beer Ale c. 1 s. 14 his Rules for preserving health 1 s. 15 Mystery of Dreams and Visions unfolded 1 s. 6 d. 16 New Art of making English Wines and Brandy 1 s. 6 d. 17 Chymicus Rationalis or the Art of Chymistry 2 s. 18 Leadbetter's Arithmetical Rules made easie 1 s. 19 Barker's Measurers Guide with the Art of Gaging 1 s. 20 Secret History of the French King 1 s. 21 Taxilla or Love preferr'd before Duty 1 s. 22 Treatise of Civil Bonds and Contracts 1 s. 6 d. 23 Bragadcia a Comedy 1 s. 24 George Whither 's wonderful Prophesies 6 d. 25 Remarks on the late Queen's Dream 6 d. 26 The Declaration of the Vaudois 2 d. 27 Rale's Vindication of the Church of Scotland 6 d. 28 Whitehall's Miscellany Poems 6 d. 29 Rise and Progress of the New Reformation 6 d. 30 An Essay against unequal Marriages c. 1 s.