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 thâ—â— Realm afore the making of the saiâ— Act with a Proviso also that when thâ— See of Canterbury should at any timâ— be void that then such Licences Dispensations c. may be granted undâ— the Name and Seal of the Guardian â—â— 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 saiâ— 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 Dispensaâ—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
year upon some Sunday after Evening-Prayer to reade in their Parish Churches the Statute of the 20 Jac. cap. 20. against prophane cursing and swearing and once every year upon some Sunday or Holyday in the Afternoon before Divine Service they are to reade the Book of Canons agreed upon in the Synod begun at London Anno Dom. 1603. and every Minister every year in his Church the Sunday next before the 29 day of May at Morning-Prayer is to reade the Statute of the 12 Car. 2. cap. 14. Ministers before their Sermons Lectures What Order Ministers are to observe in their Prayer before their Sermons c. and Homilies are to Pray first for the Holy Catholick-Church of Christ through the whole World and especially for the Churches of England Scotland and Ireland then for the King Queen and Royal Family next for all Arch-Bishops Bishops and other Pastors and Curates of God's Holy Word and Sacraments then for the King's Privy-Council and all the Nobility and Magistrates of his Realm and for the Commons that they may live in true Faith and fear of God in humble Obedience to the King and Brotherly Charity one to another and lastly they must praise God for all those who have departed out of this Life in the Faith of Christ and must pray to God that we by Grace may learn to follow their Good Example that after this Life ended we may be partakers with them of the Glorious Resurrection of the Life Everlasting and must always conclude with the Lord's Prayer Can. 55. The Supream Ecclesiastical power in the King Note That the King hath the Supream Ecclesiastical Power in him as it hath been held and agreed and may without Parliament make Orders and Constitutions for the Government of the Clergy and may deprive them if they obey not and they can make no Canons or Constitutions without his Assent Cro. Jac. f. 37. Mo. Rep. f. 155. pl. 1043. and Vaugh. Rep. f. 329. The power of the Convecations But some Clergy-men seem to think and others do not stick to say that no Orders or Constitutions can be made to bind them but what are agreed upon in the Convocations of the Clergy therefore I think it will not be amiss to insert here the Authority of the Convocation as my Lord Coke sets it down in his fourth part of his Institutes which take as followeth he saith it is called Convocation a Convocando because they are called together by the King 's Writ and their Authority being never assembled together but by the King 's Writ was to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein they did proceed juxta Legem Divinam Canones Sanctae Ecclesiae and as they could never assemble but by the King 's Writ so they were oftentimes commanded by the King 's Writ to deal with nothing that concerned the King's Laws of the Land his Crown and Dignity his Person or his State or the State of his Council or Kingdom and so whatsoever Act is done in the Convocation is under the Power and Authority of the King but not è contra what he doth under them see the King's Letters in the conclusion of this Chapter vide Co. Inst 4 part f. 322. 26 H. 6. 13. and 21 Eliz. 4. f. 45. a. p. Vavasour and f. 45. 6 p. Starkey and Brown and Rolls Cases 1 p. f. No Canons to be made in the Convocation without the King's Licence And the Lord Coke saith further that the King did often appoint Commissioners by writ to sit with them at the Convocation and to have Conusance of such things as they meant to establish that nothing should be done in prejudice ut supra And therefore the Statute of 25 H. 8 cap. 19. whereby it is provided that no Canons Constitutions or Ordinance should be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which were contrariant or repugnant to the King's Prerogative Royal or the Customes Laws or Statutes of this Realm is but declaratory of the old Common-Law but by the said Act their Jurisdiction and Power is much lestned concerning making of new Canons for they must have both Licence to make them and after they be made they must have the King 's Royal Assent to the allowance thereof before they be put in Execution 25 H. 8. cap. 19. Co. Inst 4 part f. 323. The King's Letters of direction to the Archbishop of Canterbury concerning the Clergy The King's Majesty in his Letters and Directions to the Archbishop of Canterbury dated the fourteenth Year of his now Majestie 's Reign in the Month of October declares there to this effect First That no Preachers in their Sermons shall presume to meddle with matters of State to modell new Governments or take upon them to Declare Limit or bound out the Authority and Power of Sovereign Princes or to State and Determine the difference between Princes and People but that as they have occasion they Faithfully tell the People of their duty of Subjection and Obedience to their Governors Superior and Subordinate of all sorts and to the established Laws according to the Word of God and the Doctrine of the Church of England as it is contained in the Homilies of Obedience and Articles of Religion set forth by publick Authority Secondly That they spend not their time in the search of speculative and abstruse Notions especially in and about the deep points of Election and Reprobation the Incomprehensible manner of the Concurrence of God's free Grace and Man's free Will and such Controversies as depend thereon And that however they do not presume possitively and doctrinaly to determine any thing concerning the same Thirdly That they forbear in their Sermons ordinarily and causelesly to enter upon the handling of any other Controversies of less moment and difficulty And when occasionally they be invited by their Text or Auditory to fall into them that they doe it with all Modesty Gravity and Candor asserting the Doctrine and Discipline of the Church of England from the Cavils and Objections of such as are Adversaries to either without bitterness railing jeering or other unnecessary or unseemly Provocation Fourthly That they Catechise the Younger sort according to the Book of Common-Prayer and in their ordinary Sermons do chiefly insist upon Catechistical Doctrines containing the necessary Truths of Christian Religion and setting forth withall what Influence such Doctrine ought to have in their Lives and Conversations and stirring up the People by their Lives and Doctrine to the practice of such Religious and Moral duties as are the proper result of the said Doctrines as Self-denyal Contempt of the World Humility Patience Meekness Temperance Justice Mercy Obedience and the like and to hate and shun sin especially the sins so rife and common amongst us and more especially those usually called the seven deadly sins and all kind of Debauchery Sensuality Rebellion Prophaneness Atheisin
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
and will do my best endeavour to disclose make known unto his Majesty his Heirs and Successors all Treasons and Trayterous Conspiracies which I shall know or hear of to be against him or any of them And I do further swear that I do from my Heart abhor detest and abjure as Impious and Heretical this damnable Doctrine and Position That Princes which be Excommunicated or deprived by the Pope may be deposed or murthered by their Subjects or any other whatsoever And I do believe in my Conscience am resolved that neither the Pope nor any Person whatsoever hath power to absolve me of this Oath or any part thereof which I acknowledge by good and full Authority to be Lawfully Ministred on to me and do renounce all Pardons and Dispensations to the contrary And all these things I do plainly and sincerely acknowledge and swear according to these express Words by me spoken and according to the plain and common sense and understanding of the same Words without any equivocation or mental evasion or secret reservation whatsoever And I do make this Recognition and acknowledgment heartily willingly and truly upon the true Faith of a Christian so help me God 3 Jac. cap. 4. Note That every Person that is admitted Minister to read the â—9 Articles of Religion within Two Months after Induction to a Benefice with cure must within two Months after his Induction to the same reade the 39 Articles of Religion set down verbatim in the next Chapter in the same Church where he shall have cure in the time of Common-Prayer there that is after some part thereof be reade and before all the Prayers be done and then declare his unfeigned assent thereunto and must be admitted to Administer the Sacraments within one Year after his Induction if he be not admitted so before and if he fail in either of these things he shall be ipso facto immediately deprived 13. Eliz. cap. 12. The reading of the Articles and subsâ—â—iption must be absâ—â—uâ—e And observe that this reading of the Articles must be of the very Book it self and no other and it must be verbatim as it is in the Book and not otherwise and the subscription must be absolute and not qualified as to say I subscribe them with this or the like addition viz. so far forth as the same are agreeable to the Word of God for if the subscription be not absolute it is not good and so it was resolved m. 33. and 34. Eliz. B. R. in Smith's and Clerk's Case Cro. Eliz. f. 252. p. 19. Co. 4 part Inst f. 324. vide H. 22. and 23 Car. 2. C. B. Rot. 680. Shute's and Higden's Case where Higden lost the Rectory of Elm in the County of Somerset for not reading the Articles within two Months after his Induction Vaugh. Rep. f. 129. Every Person also who shall be presented Every Person put into any Ecclesiastical Benefice is within two Months after Induction to read the Morning and Evening Prayers c. collated or put into any Ecclesiastical Benefice or Promotion is within two Months after Induction or Installation in the Church Chapel or place of publick Worship belonging to his said Benefice or Promotion upon some Lord's-day publickly openly and solemnly to read the Morning and Evening Prayers appointed to be read by and according to the Book of Common-Prayer now appointed and allowed at the times thereby appointed and after such reading thereof shall openly and publickly before the Congregation there assembled declare his unfeigned assent and consent to the use of all things therein contained and prescribed in these following Words and no other viz. I. A. B. do here 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 with the Psalter or Psalms of David pointed as they are to be sung or said in Churches and the form or manner of making ordaining and consecrating of Bishops Priests and Deacons And every Person who withoutsome Lawfull Impediment be allowed by the Ordinary shall neglect or refuse to doe the same within the time aforesaid or in Case of such Impediment within one Month after such Impediment removed shall ipso facto be deprived of all his said Ecclesiastical Benefices and Promotions the Patrons may present again as if such Persons were naturally dead 14 Car. 2. cap. 4. Inâ—umbents Reseâ—enâ— and keeping Curaâ—es to reade the Common-Prayers once every Month themselves In all places where the proper Incumbent of any Parsonage or Vicarage or Benefice with cure doth reside on his Living and keeps a Curate the Incumbent himself in Person not having some Lawfull Impediment to be allowed by the Ordinary of the place shall once every Month at least openly and publickly read the Common-Prayers and Service prescribed in and by the Book of Common-Prayer and also Administer each of the Sacraments and other Rites if there be occasion in the Parish Church or Chapel of or belonging to the same Parsonage Vicarage or Benefice on pain of Five Pounds to the use of the poor of the Parish for every Offence upon Conviction by Confession or proof of two Witnesses on Oath before two Justices of the Peace and in default of payment within ten days to be Levyed by distress and sail of his goods and Chattels by the Church-Wardens or Overseers of the poor of the same Parish by Warrant from the said Justices rendring the Surplusage to the party 14 Car. 2. cap. 4. In all cases of avoidance or deprivation Nâ— Lapse to Inâ—â—r upon avoidance on the stat 14 Car. 2. without notice given ipso facto by virtue of the stat 14. Car. 2. no Title to confer or present by Lapse shall accrew but after six Months after notice of such deprivation given by the Ordinary to the Patron or such sentence of deprivation openly and publickly read in the Parish Church of the Benefice Parsonage or Vicarage becoming void or whereof the Incumbent shall be deprived 14 Car. 2. cap. 4. Lecturers â—o reade the Common-Prayers at their entrance and once every Month afteâ— Every Person who shall be Licensed and appointed or received as a Lecturer to Preach upon any day of the week in any Church Chapel or place of publick Worship the first time he Preacheth before his Sermon shall openly and publickly read the Common-Prayers appointed to be read for that time of the day and declare his assent to the Book as aforesaid and upon the first Lecture day of every Month afterwards so long as he continues Lecturer and Preaches there at the place appointed for his said Lecture or Sermon before his said Sermon he must also read the said Prayers and declare his assent to the Book as aforesaid and for neglect hereof every such Lecturer is
her self but her Husband shall present either in his own Name or else in both their Names together but the Queen of England is as a Feme Sole and may present to any Church without the King also Men Outlaw'd or Excommunicate c. may present and their presentments shall stand good till they be avoided by Plea 9 H. 6. 5. 17 E. 3. 9. 3 H. 7. 14. Hughe's cap. 22. One may have the Presentation and another the Nâ—mination to a Living And note that one may have the Presentation and another the Nomination to a Living and so they may be Divers distinct Inheritances As if I being seized of an Advowson in fee do grant to B. and his Heirs that he and his Heirs every time the Church becometh void shall Nominate to me a Person to be presented to the same Church which Person so Nominated I or my Heirs shall present to the Ordinary of the place to be admitted accordingly into the Church And it hath been a question in this Case who shall be said to be Patron of the Church some think he that hath the Nomination and that he that ought to present is only as servant to him that hath the Nomination vide 24 E. 3. 70. 14 H. 4. 11. a. 1 H. 5. 2. F. N. B. 33 B. Doder p. 65. Plo. Com. 157. Where one hath the Presentation and another the Nomination who shall be Patron And therefore in the 14 E. 4. 2. b. the Justices distinguished that if one be seized of an Advowson and granteth to I. S. and his Heirs to Nominate at every avoidance to him and his Heirs a Person to be presented to the same Church which Person so Nominated shall be by him or his Heirs presented to the Ordinary that in this Case he to whom the Nomination is so granted shall be Patron But if I grant to I. S. that at every avoidance he shall Nominate to me two Clerks of which I shall present one to the Bishop in this Case I remain Patron because the Election is in me which of the parties named shall be presented and have the Benefice Doder pa. 65. 14 E. 4. 2. b. Smith and Clayton's Case 32 H. 8. 48. And if one have the Nomination Where a Title of Presentation accrews to the King it shall prejudice the Nominator and another the Presentation if such Right of Presentation accrue to the King this shall not prejudice the Inheritance of him that hath the Nomination but he shall Nominate to the Chancellor still who in the name of the King shall present to the Ordinary and if the King present without any such Nomination the Nominator shall bring his Quare Impedit against the Incumbent only because the King cannot be termed an Usurper Doder pa. 69. Where an Incumbent is made Bishop the King shall present If the King create a common Person who is Incumbent on a Living Bishop then the King shall have the Presentation of that Living hac vicâ— and not the Patron though the Law formerly hath been otherwise taken and if a Church be void to which thâ— Bishop hath Title to present as Patronâ— in respect of his Temporalties if hâ— dye before Presentment the King shalâ— have the Presentation by reason â—â— the Temporalties and not the Executors of the Bishop and so in like casâ— if the Church become void after thâ— Bishop's Death and before the seizuâ— of the Temporalties yet the King shalâ— have the Presentment 50 E. 3. 26. 9 H. 6. 16. b. admit 24 E. 3. 26. b. 12 E. 3. Quare Impedit 56. 21 E. 3. 6. b. 29 E. 3.44 24 E. 3. 30. adjudg Roll's Cases 2 part f. 343. C. 3 4 D. 5. 345 E. 4. 366 Z. 2. vide P. 37 Eliz. Rot. 1427. Wright's Case M. Rep. f. 399. pl. 522. and see Cro. Jac. f. 692. In what Cases the King may present where a Bishop is Patron If the Church of the Patronage of a Bishop Abbot or Prior be void and the Bishop c. present and after dye before Institution the King by his Prerogative may present to the said Church and if the Bishop live till Institution and dye before Induction in this case also the King may present by his Prerogative Liber Par. 21 E. 1. the Prior of Bermundsie's Case adjudged in Parliament F. N. B. 34 K. 38 E. 3 4. Roll's Cases 2 part f. 345 E. 6. vide Savill's Rep. f. 119. Where a Bishop helds a Living in Commendam the Patron shall present after his Death Although the King by his Prerogative shall have the presentment where the Incumbent is made Bishop yet if the King grant to the said Incumbent before he is created Bishop a dispensation to retain the said Benefice with his Bishoprick and afterwards he is created Bishop and dies Incumbent in this Case the King shall not then present by his Prerogative but the Patron shall present because the Church is not void by reason of being made Bishop but by death of the Incumbent in which the Prerogative hath no place Co. Entr. 474. Hele's Case Roll's Cases 2 part f. 343. D. 2. or if the Bishop resign his Living it is the same vide p. 6. Eliz. C. B. Sir Henry Sydny's Case Dyer f. 228. pl. 48. Hob. Rep. f. 157. and p. 19. Car. 1. C. B. Edes and Bishop of Hereford's Case Vaugh. Rep. f. 18. A Composition to present not binding to the King If during the vacancy of the Arch-Bishop of York and his Temporalties being in the King's hands the Deanry become void the King shall present to it although that by Composition between the Arch-Bishop and the Chapter the Chapter is to chuse one of Right the Patronage belonging to the Arch-Bishop and the composition shall not binde the King who comes in paramount as supream Patron 17 E. 3. 40. adjudg Roll's Cases 2 part f. 343. C. 6. What shall serve for a turn If two men have Title to present by Turn and one of them presents and his Clerk is Admitted Instituted c. and afterwards he is deprived for Crime or Heresie or other cause yet he shall not present again but this shall serve for his turn so if he be meer Laicus or Illiterate who is presented admitted and Instituted c. although it be declared by Sentence that he was Incapable ab Initio yet because the Church was full till Sentence declaratory came he being Parson de facto although this deprivation relate to some purposes yet it shall serve for his turn Co. Rep. 6. Lib. f. 102. a. Roll's Cases 2 part f. 347 K. 2 3 348 L. 6. 7 Hob. Rep. f. 148. 149. vide M. 12. 13 Eliz. Dyer f. 292. b. Where a turn shall be lost If two Men present by turn and the first presents his Clerk who is Admitted Instituted and Inducted and afterwards the Church becomes void then the other presents in his turn whose Clerk is also admitted
Months yet if the six Months be run out before the Writ to the Bishop taken out the Lapse shall accrew to the Ordinary and his Clerk shall not be removed if he Collate before recept of the Writ and so if after the recovery within the six Months the Defendant brings a Writ of Error and pending that the six Months pass the Lapse shall accrew to the Ordinary but if the Plaintiff in such Case brings a Quare Incumbravit against the Bishop and after the six Months pass there the Lapse shall not accrew to the Ordinary for the Quare Incumbravit prevents it 17 E. 3.75.5 E. 1. 75. Roll's Cases 2 part f. 366 V. 3 4 X. 2. 11 H. 4. 80. Co. Lit. f. 344. b. vide Cro. Jac. f. 93. If the Ordinary be not named in a If the Bishop be named in a Quare Impedit he cannot Câ—llaâ—â— by Lapse Quare Impedit he may Collate by Lapse if the six Months incurr Pendente Lite as is shewed before but if he be named he cannot take advantage of the Lapse but ought to see that the Clerk be served by allowance out of the profits to be taken by Sequestration and as he is bound not to take advantage of any Lapse so is also the Matropolitan and the King for where no Lapse incurrs to the Ordinary there none can incurr to them and so it was adjudged in one Duke's Case as my Lord Cook said and it was said by Popham that the course to stop strangers from presenting Pendente Brevi is after a Quare Impedit brought to sue out a Ne Admittas to the Bishop and if the Bishop then admit the Clerk of any other pending that suit and the Plaintiff recovers he shall have a Quare Incumbravit and thereby remove any who comes in pending the Writ by whatsoever Title he comes in and shall force him who hath right to recover by Quare Impedit but if he sues not out such a Writ of Ne Admittas if then the Incumbent of a stranger should come in by good Title Pendente Brevi he shall barr him in a Scire Facias and shall hold it and note that this Writ of Ne Admittas may be sued out either by the Plaintiff or Defendant in the Quare Impedit to the Bishop vide 21 H. 6. 45. 2 E. 4. 11. b. F. N. B. 37. F. H. 38 B. C. 48 I. If a Man do recover his Presentation in the Common Pleas against the Bishop then he may have a Writ to the same Bishop to admit his Clerk or unto the Metropolitan and after that he may have an Alias Plures and so an Attachment if the Bishop do not execute the Writ see M. 3 Jac. B. R. in the argument of Lancaster and Low's Case Cro. Jac. f. 93. â—f a Bishop be a disturber no Lapse shall incurr by it If the Bishop be a disturber no Lapse shall be by this disturbance although the Church be void six Months so if the Patron present to the Bishop and he will not examine the Clerk but delays him by which the six Months pass yet no Lapse shall accrew to the Bishop by this because he is a disturber and it comes by his own act Tr. 3 Jac. B. R. inter Palmer Smith Roll's Cases 2 part f. 366 V. 5 6. 369 E. 3 4. Note that a Church Parochial may be A Church Parochial may be donative c. donative and exempt from all Ordinary Jurisdiction and the Incumbent may resign to the Patron and not to the Ordinary unumquodque eodem modo quo Colligatum est dissolvitur neither can the Ordinary visit but the Patron by Commissioners to be appointed by him yet a meer Laicus is not presentable to such â— donative but an able Clerk infra sacros ordines for albeit he come in by the Donation and not by Admission or Institution which in this Case is not requisite yet his Function is spiritual and if such a Clerk donative be disturbed the Patron shall have a Quare Impedit of this Church donative and so it is of a Prebend Chantry Chapel donative and the like and no Lapse shall incurr to the Ordinary unless it be specially provided so in the Foundation but if the Patron of such a donative doth once present to the Ordinary and his Clerk is Admitted and Instituted it is by this become presentable and never shall be donative after and if a donative become void and a stranger presents to it and his Clerk is Admitted Instituted and Inducted yet this is no Usurpation to the true Patron but all this is meerly void H. 1 Jac. B. R. inter Fairchild Gayer Co. Lit. f. 344. a. Cro. Jac. f. 63. pl. 1 H. Rep. f. 60 Brownl Rep. 1 part pa. 201. F. N. B. 35 E. An Vsurpation upon a Bishop bindâ— not his Successor If a Bishop suffer an Usurpation of a Church in right of his Bishoprick this shall not bind his successor but himself only during his own time and the successor may have a Quare Impedit or present to the next turn and so it was resolved M. 21 Jac. B. R. inter Dalton Pamphlin and the Bishop of Ely Cro. Jac. f. 673. pl. 6. Jone's Rep. f. 45. Laye's Rep. f. 80. In what Cases Lapse incurs not without notice When the Church doth become void by Deprivation or Resignation or by refusal of the Presentee for Non Ability or for crime in such Case the Bishop ought to give notice thereof to the Patron otherwise no Lapse incurrs but after the six Months past the Patron may have a Writ to the Bishop if the Church remain void and the Bishop hath not Collated thereunto F. N. B. 35 H. I. To what Benefices of the King 's the Chancellor shall present The Chancellor of England shall present to all the King's Churches which are under the value of twenty Marks by the Year which are in the King's gift and in the right of the Crown but if the King have them by any other Title then the Chancellor shall not present unto them F. N. B. 35 R. Note that the Lord Chancellor presented to a Benefice which belonged to the King which was above value and in this Case it was agreed by Hobbert Chief Justice of the Common Pleas and Tanfield Chief Barron that this Presentation remained good till it was avoided Parson and Morlee's Case Winch. Rep. f. 19. To whom Lapse shall incurr Where Lapse incurrs after the first six Months to the Ordinary or Bishop of the Diocess if he present not within six Months after then it goes to the Metropolitan of the Province and if he present not within other six Months then it goes to the King as Supream Ordinary of all Benefices Doct. Student 125. Hughe's gr Abr. 1 part pa. 134. Ca. 1. How many ways a Church may become void Note a Church Presentative may become void five manner of ways viz.
1 by Death 2 by Creation 3 by Resignation 4 by Deprivation 5 by Cession as by taking a Benefice Incompatible Co. Lit. f. 120. a. Doder pa. 7. If a Church be Litigious as where two Patrons present to the same Church When the Bishop may award a Jure Patronatus by several Titles and the Bishop knows not which hath the very true and rightful Title to the same and so knows not which Clerk to admit with safety least by admitting the one and refusing the other he become a disturber in this Case the Bishop may award a Jure Patronatus to inquire who is the true and undoubted Patron and who ought to present to the Church for that turn and this Writ is usually obtained at the Prayer of one or both Parties to such Commissioners as the Bishop thinks good to name who send their Mandate to some Officer of their own to summon a Jury who are to be one half Clerks and the other half Lay-men and after they are sworn they hear the Evidence and are to give their Verdict to the Commissioners but the Bishop is not bound to award this Writ ex Officio but at the Prayer of the parties 8 E. 4. 24. b. per curiam 5 H. 7. 20. b. per Reeble 22 H. 6. 30. per Mark 34 H. 6. 40. 35 H. b. 19. b. vide Rolâ—'s Case 2 part f. 384 P. 1 2 3 4 5 6 7 8 9 10 11 12. P. 26 Eliz. C. B. Gerrard's Case Leon. Rep. 2 part f. 168. pl. 205. Deg. cap. 3. But note the Verdict upon this Inquest is neither binding to the Bishop The Verdict upon a Jure Patronatus not binding nor the parties in some respects for the Bishop may accept the Clerk of him against whom the Verdict doth pass if he please but then it is at his Peril for if the other party bring a Quare Impedit and recover then the Bishop will be found a disturber but if the Bishop admits the Clerk of him for whom the Verdict is given then if the other bring a Quare Impedit and recover yet if the Bishop plead this special matter it shall excuse him though it bind not the other parties right and of this Opinion was my Lord Hobbert in his argument in the Case between Sir William Elvis Knight and the Archbishop of York and Taylor and Bishop Hob. Rep. f. 317 318. CHAP. VI. Of Pluralities Dispensations and non residence If one have a Living with cure of eight pounds vallue aâ—d accept aâ—other the first is void NOte that by the stat 21 H. 8. it is enacted that if any Person or Persons having one Benefice with cure of Souls being of the yearly value of eight pounds or above accept and take any other with cure of Souls and be Instituted and Inducted in possession of the same that then and immediately after such possession had thereof the first Benefice shall be adjudged void and it shall be Lawfull for every Patron having the Advowson thereof to present another and the Presentee to have the benefit of the same in such manner and Form as though the Incumbent had dyed or resigned any Licence Union or other Dispensation to the contrary notwithstanding 21 H. 8. cap. 13. the yearly value of eight pounds or above is usually taken to be according as Benefices were rated in the 26 of H. 8. and is now made use of in the first fruits office but some hold that it shall be taken according to the very true improved value Ideo Quaere vide pa. 128. Who may have Plurality of Livings But there is a Proviso in the same Statute that all Spiritual Men which are of the King's Council may purchase Licence or Dispensation to take and keep three Parsonages or Benefices with cure of Souls and that all others being the King's Chaplains and not sworn of his Council and the Chaplains of the Queen Prince or Princess or any of the King's Children Brethren Sisters Uncles or Aunts may purchase Licence or Dispensation to receive and keep two Parsonages or Benefices with cure of Souls and so the eight Chaplains of every Archbishop the six Chaplains of every Duke the five Chaplains of every Marquess and Earl the four Chaplains of every Viscount the six Chaplains of every Bishop the three Chaplains of the Chancellor of England and of every Baron and Knight of the Garter the two Chaplains of every Dutchess Marchioness Countess and Baroness being Widows the two Chaplains of the Treasurer and Controller of the King's House and of the King's Secretary Dean of his Chapel Almner and Master of the Rolls may also procure Licence or Dispensation to receive and keep two Parsonages or Benefices apiece with cure of Souls 21 H. 8. cap. 13. and the Chief Justice of the King's Bench and Warden of the Cinque Ports may keep one Chaplain apiece who may Purchase Licence or Dispensation to receive and keep two Parsonages or Benefices with cure of Souls and so may the Brethren and Sons of all Temporal Lords and of every Knight who are born in Wedlock and all Doctors and Batchellors of Divinity Doctors of Law and Batchellors of Law Canon and every of them which shall be admitted to any of the said degrees by any of the Universities of this Realm and not by Grace only may also purchase Licence or Dispensation to receive and keep two Parsonages or Benefices with cure of Souls and it is provided that every of the Chaplains abovesaid so purchasing Licence and Dispensation to receive and keep Benefices with cure of Souls as abovesaid shall be bound to have and exhibite where need shall be Letters under the sign and Seal of the King or other their Lord and Master testifying whose Chaplains they be or else not to enjoy any such Plurality of Benefices by being such Chaplains 21 H. 8. cap. 13. None to take more Chaplains then above Limited to advance them to Plurality of Benefices Note that it is provided that no Person or Persons to whom any number of Chaplains or Chaplain by any of the Provisions aforesaid is Limited shall in any wise by colour of any of the same Provisions advance any Spiritual Person or Persons above the number to them appointed to receive or keep any more Benefices with cure of Souls than is above Limited and if they do then every such Spiritual Person and Persons so advanced above the said number to incurr the pain and penalty contained in the said Act and it is further provided that every Dutchess Marchioness Countess and Baroness Widdows that shall take any Husbands under the degree of a Baron may take such number of Chaplains as is above Limited to them being Widdows and that every such Chaplain may purchase Licence to have and take such number of Benefices with cure of Souls in manner and Form as they might have done if their said Ladies and Mistresses had kept themselves Widdows 21 H. 8. cap. 13.
327. a. pl. 4. Not Reading the Artiâ—les c. makes the Living â—oiâ— Note this Case following one Higden was lawfully Presented Admitted Instituted and Inducted into the Rectory of Wringlington in Somerset shire being a Benefice with Cure of Souls of Fifty pounds Per annum and in the King's Books but of Five pounds Per annum and afterwards he was lawfully Presented Admitted Instituted and Inducted into the Rectory of Elme in the same County of Forty pounds Per annum and but Ten pounds in the King's Books and Subscribed the Articles of Religion according to the Act 13 Eliz. Cap. 12. and was lawfully Incumbent of the said Rectory of Elme but after did not read the Articles of Religion within two Months after his Induction to the Church of Elme according to the Act 13 Eliz. And in this Case it was Adjudged that Higden had lost both his Livings for as to the first Living if a Man have a Benefice with Cure of Souls whatsoever the value be and is Admitted and Instituted into another Benefice with Cure of what value soever having no Qualification or Dispensation the first Benefice is so ipso facto void that the Patron may present another to it if he please but if the Patron do not or will not present to it then no Lapse shall Incur if the Living be under value until deprivation of the Incumbent and notice thereof given to the Patron but if the Living be of the value of Eight pounds or above the Patron at his Peril is to present within Six Months by the Statute 21 H. 8. and as to the Second Living by his not reading the Articles he stands deprived ipso facto and so both are lost H. 22 23. Car. 2. C. B. Shute and Higden's Case Vaugh. Rep. f. 129. Note that a Dispensation granted by A Dispensation good though not Inroâ—â—ed the Arch-bishop of Canterbury to one who is Created Bishop to hold a Benefice in Commendam although it be not Inrolled in Chancery according to the Statute 25 H. 8. but is only entered in the Register of the Arch-bishop yet it is good enough and so it was Adjudged M. 6. 7. Eliz. C. B. in the Case of John Parkhurst Bishop of Norwich Dyer f. 233. a. Doder pa. 94. A Dâ—spensation after Consecration is too late But such Dispensation must be before Consecration or else it comes too late yet the King ex summa Authoritate Ecclesiastica qua fungitur may Grant to the Bishop that is Consecrated power to take and Retain by Presentation Institution and Induction any Spiritual Benefice and to hold the same in Commendam notwithstanding his Estate of being Bishop for so the Pope used to do and the same Authority is acknowledged by the Statute 25 H. 8. to be in the King of this Realm which was within this Realm by the Pope Doder pa. 95. By the Statute 13 Eliz. None shall Who qualified for a Living of Thirty pounds c. be admitted to any Benefice with Cure of or above the value of Thirty pounds yearly in the Queens Books unless he be a Batchellor in Divinity or a Preacher lawfully Licensed by some Bishop within this Realm or by one of the Universities of Cambridge or Oxford 13 Eliz. cap. 13. Acceptance of Three Benefices the first only void If a Parson have a Benefice of above the yearly value of Eight pounds and afterwards he takes another Benefice with a Dispensation and after this he takes a Third Benefice his first Benefice is only void Adjudged per Curiam M. 5. Jac. C. B. Godb. Rep. pa. 153. pl. 201. but it said by Heron in Noye's Rep. that both the first and second shall be void vide the King and the Bishop of Chichester's Case Noye's Rep. f. 149. A Suffragan Bishop capable of plurality By the Statute 26 H. 8. every Bishop's Suffragan exercising the Office by the Bishop's Commission for the better maintenance of his Dignity may have two Benefices with Cure 26 H. 8. cap. 14. and note that the Eight pounds value of a Church shall be according to the valuation in the King's Books and not according to the Improved and just value 8. Car. 1. C. B. Drake and Hill's Case Cro. Car. f. 456. there cited to have been so Adjudged Note by the Statute 21 H. 8. It is The penalty of Non-residence enacted that every Spiritual Person promoted to any Arch-deaconry Deanry or Dignity in any Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall be Personally Resident and abiding in at and upon his said Dignity Prebend or Benefice or at one of them at the least and in Case that any such Spiritual Person keep not Residence at one of his said Spiritual Dignities Prebend or Benefices as aforesaid but absent himself willfully by the space of one Month together or by the space of two Months to be accounted at several times in any one year and make his Residence and Abiding in any other places by such times then he shall forfeit for every such default Ten pounds Sterling the one half thereof to the King's Majesty and the other half to the Party that will Sue for the same in any of the King's Courts by Original Writ of Debt Bill Plaint c. 21 H. 8. cap. 13. But it is provided that this Act of Who excuseable for Non-residence Non-residence shall not in any wise extend nor be prejudicial to any such Spiritual Person as shall chance to be in the King's Service beyond the Seas nor to any Person or Persons going to any Pilgrimage or Holy place beyond the Sea during the time that they shall be so in the King's Service or in the Pilgrimage going and returning home nor to any Schollar or Schollars being Conversant and abiding for Study without Fraud or Covin at any University within this Realm or without nor to any of the Chaplains of the King 's or Queen's daily or quarterly attending and abiding in the King 's or Queen's most Honourable Households nor to any of the Chaplains of the Prince or Princess or any the King 's or Queen's Children Brethren or Sisters nor to any Chaplain of any Arch-bishop or Bishops or of any Spiritual or Temporal Lords of the Parliament nor to any Chaplain of any Dutchess Marquess Countess Vicecountess or Baroness nor to any Chaplain of the Lord Chancellour or Treasurer of England the King's Chamberlain or Steward of his Household for the time being nor to any Chaplain of any of the Knights of the honourable Order of the Garter or of the Chief Justice of the King's Bench Warden of the Cinque Ports or of the Master of the Rolls nor to any Chaplain of the King's Secretary and Dean of the Chapel or Almner for the time being dayly attending and dwelling in any of their Honourable House-holds during the time that any such Chaplain or Chaplains shall abide and dwell
by the Books of 20 H. 6. 46. a. 2 H. 4. 3. b. 29 E. 3. 16. a. for if Spiritual Persons waste the Lands Woods or Houses of their Churches they may be deprived or deposed by their Superiours who have the Visitation and Superiority over them Roll's Rep. 1 part f. 167. Godb. Rep. f. 259. pl. 357. Grants to avoid remedy for Dilapidations made void And by the 13 Eliz. it is enacted that if any Archbishop Bishop Dean Archdeacon Provost Treasurer Chaunter Chancellor Prebendary or any other having any Dignity or Office in any Cathedral Church within this Realm or if any Parson Vicar or other Incumbent of any Ecclesiastical Living whereunto do belong any House or Houses or other buildings which by Law or Custom he is bound to keep and maintain in reparation do make any deed or deeds of gift or alienation or other like conveyances of his moveable Goods or Chattels to defeat or defraud his Successor of his just action and remedy then in such Case the Successor may have the same remedy in the Spiritual Court against the Grantee of the same Goods Chattels for reparation of the Dilapidations as he might or should have had against the Executors or Administrators of the Predecessor for the same 13 Eliz. cap. 10. And such fraudulent deeds also to defraud Persons of their just Debts Suits Accompts Dammages Penalties Forfeitures Herriots Mortuaries and Reliefs by another Act in the same Parliament are made void to such Persons to whom any such thing is due and to their Heirs Successors Administrators and Assigns and those whoshall set such Covenous and Fraudulent deeds afoot being privy to or knowing of the same forfeit the value of all such Goods and Chattels and all such money as shall be contained in such covenous and fained Bond one Moiety to the King and the other to the party grieved to be recovered in any of the King's Courts of record 13 Eliz. cap. 5. Moneys recovered for Dilapidations to be imployedure pairs By the 14 Eliz. it is enacted that all sums of money that shall be recovered for or in the name of Dilapidations by Sentence Composition or otherwise shall within two Years after the recept be truly imployed upon the Buildings and Reparations in respect whereof such money for Dilapidations shall be paid on pein that every Person so receiving and not imploying as aforesaid shall forfeit double as much as so by him shall be received and not imployed the which forfeiture shall be to the use of the Queens Majesty her Heirs and Successors 14 Eliz. cap. 11. A Prohibiâ—ion lies against one that would wast the Woods of the Church If a Parson of a Church and one A. are Tennants in Common of a Wood and A. endeavours to make waste in the Trees the Parson for preservation of the Timber Trees may have a Prohibition against him that he shall doe no waste and the reason thereof as the Chief Justice said was that if the Parson of a Church would waste the Inherritance of his Church to his private use in cutting down the Trees the Patron may have a Prohibition against him for the Parson is seized in right of his Church and his Glebe is the Dower of his Church for he is Indowed thereof and so say many ancient records and so because a Prohibition lies against him it is reason that he shall have the same remedy against him who holds in Common with him F. N. B. 49 Co. Rep. 11 Lib. f. 49. a. The Lord Cook saith there was a notable Resolution in Parliament held A Prohibition granted against the Bishop of Durham 35 E. 1. at Carlisle 35 E. 1. against Clergy-men making waste of their Spiritual Promotions I shall set it down verbatim as he inserts it viz. Voile Nostre Seignior Le Roy entendre que Sir Anthony Evesque de duresme waste destruit tout le Bois apperteinant à Son Esglise in Lenesquerie de duresme per done vende manuais gard per rearer des forge de Ferre Plombe ardre Carbons c. dot si Nostre Seignior Le Roy que est Avowee del Esglise ny ymit remedie Lefglise avandit serra dishâ—rite impoverie in prejudice de nostre Seignior Le Roy in sa Corone de Chapter de duresme To which the answer was Inhibeatur per Breve de Cancellaria Episcopo Ministris suis ne faciat vastum de contentis in Petitione by which it appears that the Parliament referrs him to the ordinary remedy of the Common Law by Writ of Prohibition in such Case 35 E. 1. Co. Rep. 11 Lib. f. 49. a. vide Roll's Rep. 1 part f. 86. 176. 335. And the Lord Cook saith further A Prohibition granted against the Bishop of Dublin c. that M. 23 E. 1. amongst the Judgments before the King Hunt f. 83. in the Treasury of the Exchequer it is thus adjudged quod Ecclesia est infra aetatem et in custodia domini regis qui tenetur jura et haereditates ejusdem manutenere et defendere et Rot. patent Anno 14 H. 3 M. 8. Archiepiscopus Dublin fecit finem de 300 marcis deafforestroatione forestae Archiepiscopatus sui and see 2 H. 4. f. 3. b. If a Bishop or Archdeacon pull down and cut all the Woods which he hath he shall be deposed as a Dilapidator of his House 29 E. 3. 16 Ac. and see 27 Ass pl. 10. 20 H. 6. 46 Co. Inst 3 part f. 304. And the Tratise Intituled Ne Rectores prosternant arbores in coemeterio c. is no more but a Declaration of the Common Law and it is regularly true meliorem conditionem Ecclesiae facere potest Praelatus deteriorem nequaquam Co. Rep. 11 Lib. f. 49. b. Where suits for Dilapidations are to be Although suits for Dilapidations are most properly to be sued in the Spiritual Court and if any Prohibition be granted the same ought to be superseded by a Consultation as F. N. B. saith f. 50. F. yet this is intended where the suit is grounded upon the Canon Law for by the Custom of England the Successor may have a special Action upon the Case against the Dilapidator his Executors or Administratros and in the King's Bench it was agreed by all the Justices that a Prohibition is grantable against one who wasts the Houses of a Parson Incumbent or cuts the Trees or makes waste and sells them and does not employ them for repairs vide 2 H. 4 3. M. 12. Jac. B. R. Bishop of Salisbury's Case Godb. Rep. f. 259. pl. 357. H. 13. Jac. B. R. Saccar's Case M. Rep. f. 916. pl. 1303. and so it was also agreed M. 12 Jac. B. R. Stockman's and Wither's Case Roll's Rep. 1 part f. 86. pl. 34. vide f. 335 Boulstr Rep. 3 part f 91 92. The Vicar of the Parish of Alesbury For what use Clergy-men may fell down Wood. in Devon-shire
Jurisdiction in this Realm of England Wales or other his Dominions or Territories and not send or make out the Citation or Process in the King's Name or use any Seal of Jurisdiction other then before limitted that every such Offender shall incurr and run in the King's Majestie 's displeasure and indignation and suffer Imprisonment at his Highness's Will and Pleasure 1 E. 6. cap. 2. But it is provided that the Archbishop Archbishop of Canterbury c. may use his own Seal of Canterbury for the time being shall use his own Seal and his own Name in all Faculties and Dispensations according to the Tenor of an Act thereof made and that the said Archbishops and Bishops shall make Admit Order and Reform their Chancelcellors Officials Commissaries Advocates Procters and other their Officers Ministers and Substitutes and Commissions of Suffragan Bishops in their own Names under their own Seals as they have used heretofore And shall certify to the Court of Tenths their Certificates under their own Names and Seals and shall make Collations Presentations Gifts Institutions and Inductions of Benefices Letters of Order and Dimissories under their own Names and Seals as formerly notwithstanding the said Act or any thing therein contained 1 E. 6. cap. 2. Certificates how to be made And it is further provided that all Process to be made or awarded by any Ecclesiastical Person or Persons for the Tryal of any Plea or Pleas that shall depend in any of the King's Courts of Records at the Common Law and limited by the Laws and Customs of this Realm to the Spiritual Courts to try the same that the Certificate of the same after the Tryal thereof shall be made in the King's Name for the time being and with the Stile of the same King and under the Seal of the Bishop Graved with the King's Arms with the Name of the Bishop or Spiritual Officer being to the Test of the same Process and Certificate and to every of them 1 E. 6. cap. 2. Minister deprived by whom Note that when any Minister is complained of in any Ecclesiastical Court belonging to any Bishop for any crime the Chancellor Commissary Official or any other having Ecclesiastical Jurisdiction to whom it shall appertain shall expedite the Cause by Process and other Proceedings against him and upon Contumacy for not appearing shall first suspend him and afterward his Contumacy continuing Excommunicate him But if he appear and submit himself to the course of Law then the matter being ready for Sentence and the Merits of his Offence exacting by Law either Deprivatio◠from his Living or Deposition fro◠the Ministry no such Sentence shall be pronounced by any Person whosoeve◠but only by the Bishop with the Assistance of his Chancellor the Dean 〈◊〉 they may conveniently be had and some of the Prebendaries if the Court be kept near the Cathedral Church or of the Archdeacon if he may be had conveniently and two other at the least Grave Ministers and Preachers to be called by the Bishop when the Court is kept in other places Can. 122. The Conclusion And now Reverend Sirs having not without great pains and study which Solomon saith is a weariness to the flesh arrived at the Period of my intended purpose before I conclude give me leave to acquaint you that my Lord Cook in his Epilogue to his fourth part of his Institutes saith that he that takes upon him to Write doth Captivate all the Powers and Faculties both of his Mind and Body and must be only Intentive to that which he Collecteth without any Expression of Joy or Cheerfulness whilst he is in his Work the truth whereof I have sufficiently experienced whilst I was Composing this Treatise So after this if my pains do not Merit your thanks yet I hope you will be so Candid as gently to censure lovingly to Correct or easiy to Pardon such errors and mistakes as have either escaped the Press or my Pen knowing that humanum est errare and so I take leave and shall wind up all in this short Sentence Vide quod non mihi soli Laboravi sed omnibus exquirentibus scientiam Deo gloria gratia FINIS