Selected quad for the lemma: death_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	absence_n	absent_a	act_n	29	3	6.8740	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A37445	The parson's counsellor with the law of tithes or tithing in two books : the first sheweth the order every parson, vicar, &c. ought to observe in obtaining a spiritual preferment, and what duties are incumbent upon him ... : the second shews in what manner all sorts of tithes, offerings, mortuaries, and other church-duties are to be paid ... / written by Sir Simon Degge, Kt.	Degge, Simon, Sir, 1612-1704.	1676 (1676)	Wing D852; ESTC R8884	170,893	368

restriction of those Laws If a Parson Leases where there is two Patrons 1 Leon. 233. Quaere both ought to confirm as should seem If the Patron and a succeeding Bishop confirm the Lease of the Parson Cro. Car. 38. it is good enough A Prebend made a Lease Dyer 106. p. 24. Quaere reciting that it was with the consent of the Bishop who signed and sealed the Lease to the Leasee but was no party to the Deed quaere if good And having said thus much of confirmations let us see what Leases a Parson or Vicar may make at this day considering all the beforementioned Statutes And first Leases by Parsons and Vicars it is to be observed that at and by the Common Law a Parson or Vicar might have granted or charged his Glebe in Fee-simple with the confirmation of the Patron and Bishop but being excepted out of the inabling Statute of 32 H. 8. 32 H. 8. c. 28. he could never make any Lease or Grant to bind their Successors without such confirmation then by the Statute of 13 Eliz. Parsons and Vicars are restrained 13 El. cap. 10. So that they cannot grant but for 21 Years or three Lives from the making of such Lease and not from the day of the making as is before observed and these Leases and Grants must be with the confirmation of the Patron and Ordinary with all the qualifications expressed in the beginning of this Chapter And it should seem they may make concurrent Leases as Deans Prebends c. may do within three Years of the end of the former Leases It has been a question whether a Parson or Vicar at this day can make any Lease at all to bind his Successor for by the Statute of 13 Eliz. Chap. 20. 13 El. cap. 20. it is enacted that Leases of Parsons Vicars c. that have Cure of Souls shall endure no longer than they shall be ordinarily resident and serve the Cure and that if such Parson c. shall be absent from their Cure above 80 days in one Year that then such Lease shall cease and be void Now when a Parson dies and 80 days incurs and this being a Law for the advancement of Religion and Hospitality to avoid Dilapidations shall have an equitable construction for the preferring of these ends therefore some have held that the death of the Parson Vicar c. after 80 days have incurred from their deaths shall make all their Leases and Grants void though never so sufficiently confirmed and rely very much upon the preamble of the Statute which begins Parson's Leases which is confirmed and dyes That the Livings appointed for Ecclesiastical Ministers may not by corrupt and indirect dealings be transferred to others uses Be it enacied c. But by these Leases it is apparent the profits are converted to other uses c. But others have held the contrary Opinion because such absence is not voluntary but by the Act of God and regularly these cannot be said absent that are not in esse Cro. El. 123. and though Crook report Mott and Hale's Case adjudged in point that their Leases are void by death More 270. Yet More reporting the same case says As to the matter in Law the Judges were divided two against two and that the Judgment was given upon a misrecital of the Statute Bayley vers Murnes T. 24. Car. 2. B R. And this point as I am informed came lately in question in the King's Bench and was adjudged that death doth not avoid such Leases Quaere Ideo quaere inde Dyer 372. p. 2. When Parson's Leases shall be void by non-residence There is a quaere in Dyer whether such Leases shall be void upon 80 days absence ab initio or but from the time of absence by 80 days but it seems to me with some clearness that it shall only be void from 80 days absence and not ab initio For first the words of the Statute are that such Lease shall indure no longer than the Leasor shall be ordinarily resident c. So that till then it is to indure and the Statute closes that upon such absence the term shall cease which it could not do Quaere if had not a being before for a thing cannot cease to be that has not been But another quaere may be startled in this Case upon the reason in Lincolne Colledg Case Whether void against the Parson himself Co. 3.59 b⸪ 60. a⸫ whether such Lease shall be void against the present Incumbent that made it or only against his Successors but it seems to me with some clearness that the intent of the makers of this Act was to make such Lease void against the Leasor himself upon such absence for as before is said the Statute says it shall indure no longer which is a term of limitation and that immediately upon such absence the Lease shall cease and be void and it cannot cease immediately upon the absence and yet be good during the life of the Incumbent But in the Case of Revel vers Hart H. 43. Eliz. B. R. Dyer 372. p. 11. Quaere the Court held the contrary as my Reporter says Ideo quaere If any Parson Vicar c. Dobbins vers Gerrard P. 39. El. B. R. be suspended inhibited or disabled to serve the Cure by the space of 80 days in a Year this shall not make such Lease void for the not serving the Cure must be voluntary And it has been held that if a Parson be resident and do not serve the Cure or serve the Cure and be absent by 80 days that in both these Cases it will make such Lease void Though this Statute upon 80 days absence makes such Lease void made by Parsons and Vicars and says nothing of confirmation yet a confirmation of the Patron and Ordinary in this case seems not to amend the matter for if the Lease be void the confirmation is of no avail At the Common Law Stat. 28. H. 8. cap. 13. Parson leases and resigns if a Parson Vicar c. had made a Lease and resigned the next Incumbent might have entred immediately upon the Leasee but by a Statute made in the 28th Year of H. 8. the Leasee may hold on his term for six years if the Parson that made his Lease so long live and the term were made for so long time but upon such Lease there must be so much Rent reserved within fourty shillings as such Benefice is valued at in the King's Books And by the same Statute if a Parson make a Lease and resigns and dies the Tenant shall hold out his Lease for the Year that was commenced at the time of his death if the Term were to have had so long continuance if the Parson had not died but this seems only of such Lands as are plowed for the succeeding Parson is to have the Parsonage House and Glebe which is not sowed within a

full number of Chaplains and after one or more above his number that in that case the Supernumerary Chaplains that were retained after such Lord or other Person had retained his full number allowed by the Statute are not qualified by this Law to have pluralities of Livings although the supernumerary Chaplains be preferred before the other that were first retained but if a Chaplain qualified within this Law be legally inducted into a second Living with a dispensation as he ought Dyer 312. p. 88. although his Master be attainted degraded or removed from his Office yet he shall retain his Plurality during his life But if one be retained Chaplain to any Lord or other Person The Master dyes c. before preserment Co. 4 17 b. whose Chaplains are qualified within this Law and his Master dies is attaint degraded or displac'd before his Chaplain be preferred to a second Living or if such Lord or other Person discharge such a Chaplain as he may in all these cases the Chaplain loses his qualification to have plurality of Livings incompatible But if a Dutchess Marchioness Co. 4.118 B. The Mrs. marries Countess or Baroness do retain a Chaplain and after marries this shall not take away the qualification of such a Chaplain but that he may have plurality of Livings incompatible within this Law as he might have done before And if such Dutchess c. Cc 4.119 a. retains Chaplains and after marries and after becomes a Widdow again yet the first retainer stands good and was not Countermanded by the Marriage or death of the Husband And note that there is a Proviso in this Act that though a Dutchess Marchioness Countess or Baroness do Marry a Husband under the degree of a Noble Man or Baron that yet nevertheless she may retain two Chaplains which shall be qualified within this Law And it is declared by this Act What preferments are not within this Law that Deanaries Arch Deaconrics Chancellorships Treasurerships Chaunterships or Praebendaries in any Cathedral or Collegiate Church or any Parsonage that hath a Vicar indowed or any Benefice perpetually impropriated are not to be esteemed Benefices with cure of Souls within this Act. And if any Duke Lord or other Person whose Chaplains are qualified within this Law shall have a double capacy to qualifie his Chaplains as if a Duke c. be made Lord Warden of the Cinque Ports Co. 4.118 a. or a Baron Master of the Rolls Knight of the Garter or c. in all these cases such Duke Baron c. can but qualifie his number of Chaplains according to his best qualification only And if the Eldest Son of a Duke Chapl. returned in the life of the Father Co. 4 902⸪ Marquess c. retain Chaplains in the Life time of his Father who after dies and the honour descends upon such Son yet this retainer will not qualifie his Chaplains to have pluralities within this Statute because at the time of the retainer he was not capable to qualifie them Et quod ab initio non valet tractu temporis non convalescit If a Duke Lord discharges Chaplains after they are prefer'd Co 4.90 a ⸪ Marquess c. retain his full number of Chaplains which are advanced and then discharge them yet he cannot during their Lives qualifie any other within this Statute But if a Duke A greater number of Chapl. retained together Co. 490 a⸪ Dyer 312. p. 88. Marquess c. that has power within this Act to qualifie Chaplains at one instance of time retain double his number of Chaplains or any supernumerary Chaplains in that case those only shall have the benefit of qualification that are first prefer'd Quia in equali jure melius est conditio possidentis If one that is qualified within this Statute take a second Living incompatible Co. 4 79. B. Dyer 312. p. 88. and be instituted or inducted into the same before he have obtained a dispensation the first is void though Dyer makes a quaere of it And note that it hath been resolved This Law is not dispensable Dyer 351. B⸪ Co. 4.90 B. ⸫ Dyer 377. B. Co. 5. 102. B⸫ Hob. 168. Apluralist neglects to read the 39. Art the first Living is not void Hob. 157 ⸫ that the King himself cannot dispence with this Law But if one that is not qualified within this Law to have two Livings incompatible shall obtain a second Living and be inducted into the same and after neglects to read the Articles of Religion within the time limited or doth any other Act that makes the latter void ab initio in such case the first Living shall not be void within this Law And if a Parson c. that is qualified within this Statute to have plurality of Livings incompatible be made a Bishop his qualification ceases so that after he cannot take two Benefices incompatible by force of such qualification but if he had two Livings before he was made Bishop by qualification and dispensation within this Statute he may retain them by Commendam and although he were the King's Chaplain it alters not the case for by the acceptance of a Bishoprick he ceases to be the King's Chaplain within this Law And if a Parson have one Living incompatible Parson's Law l. 2.14 15. Vniting a Living is a Plurality he cannot obtain another with Cure to be united unless he be qualified and have a Dispensation but that the first will be void Mr. Parson and Vic. of the same Church si c. Hughes in his Parsons Law puts two Cases which he is of opinion are out of danger of this Law The first is where there is a Parsonage and Vicarage indowed and the Parson without Dispensation or Qualification accepts the Vicarage and he conceives that notwithstanding that these are two several Advowsons and Benefices and that several Quare Impedits may be brought of them and that several actions are maintainable by the Parson and Vicar concerning their possessions that yet nevertheless the presenting of one person to both is no Plurality within this Statute or the Canon because the Parson and Vicar have both but one Cure of Souls besides there is a Proviso in the Act that no Parsonage with a Vicarage endowed shall be accounted a Benefice with cure of Souls within that Act. But his other Case seems more doubtful 2. Rectories in one Church and it is put where a Church has two Rectories and each has cure of Souls per se and are incompatible and one person obtains both these Livings without qualificaton or dispensation This Case he conceives to be both out of the danger of this Act and the Canon 1. Because it is not in pluribus Ecclesiis 2. When there is several Advowsons in one Church neither Parson hath the whole cure of Souls and the words of the Statute are having one Benefice with cure of Souls of the value of eight pounds takes and accepts another