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
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.
decree all such to be Rightly and Orderly and Lawfully Consecrated and Ordered Note that this last Article by the stat 14. Car. 2. is to be construed and taken to extend and shall be applied unto the Book containing the manner of Making Ordaining and Consecrating of Bishops Priests and Deacons which is now set forth in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the sixth mentioned in the said Article 14. Car. 2. cap. 4. 37. Of the civil Magistrate Article 37 The Queens Majesty hath the chief Power in this Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain and is not nor ought to be subject to any foreign Jurisdiction Where we attribute to the Queens Majesty the chief Government by â—hich Titles we understand the minds of some slanderous Folks to be offended we give not to our Princes the Ministering either of God's Word or the Sacraments the which thing the Injunctions also sometimes set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given alwaies to all godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and evil doers The Bishop of Rome hath no Jurisdiction in this Realm of England The Laws of the Realm may punish Christian Men with death for heinous and grievous Offences It is Lawfull for Christian Men at the Commandment of the Magistrate to wear Weapons and serve in the Wars 38. Of Christian Mens Goods which are not common Article 38 The Riches and Goods of Christians are not common as touching the Right Title and Possession of the same as certain Anabaptists do falsly boast Notwithstanding every Man ought of such things as he possesseth Liberally to give Alms to the Poor according to his Ability 39. Of a Christian Man's Oath Article 39 As we confess that vain and rash swearing is forbidden Christian Men by our Lord Jesus Christ and James his Apostle so we judge that Christian Religion doth not prohibit but that a Man may swear when the Magistrate requireth in a cause of Faith and Charity so it be done according to the Prophet's teaching in Justice Judgment and Truth CHAP. IV. Several cases touching the privileges of Ministers and Churches and Church Yards The punishment for laying violent Hands on a Clergy-man MAny are the privileges which the Laws of this Realm allow to Clergy Men in Holy Orders some of which I shall insert in this Chapter If one lay violent Hands upon the Person of any infra sacros Ordines such Offender may be cited into the Spiritual Court to have him Excommunicated or doe Corporal Penance But the party offending if he think good may redeem his Penance for a certain sum of money to be paid to the party grieved who may sue for the same in the Spiritual Court if it be not paid and no Prohibition will lie vide stat Articuli Cleri 9 E. 3. cap. 3 and 4. Circumspecte Agatis 13 E. 1 Regist f. 45. 49. 51 52. 54. 57. Co. Institutes 2 part f. 492. and 620. 7 H. 3. Prohibition 30. 5 H. 3. Prohibition 29. 12. H 7. f. 23. a. p. Butler Co. Rep. 4. Lib. f. 20. b. Bro. action sur Case 15. F. N. B. f. 51. R. 52. D. F. 53. A. In what Court a Minister may sue for a scandal If one call a Minister Heretick Schismatick Fornicator c. or such other words as are meerly Spiritual in such case he cannot sue in the Spiritual Court for damages but he may cite the party offending pro salute animae and he must express in particular the defamation in his Libel and for the costs of suit recovered he may sue in the same Court if they be not paid Co. Inst 2 part f. 492 493. F. N. B. 51 I. 52 M. 53. A. and see Tr. 25 Eliz. B. R. Palmer and Thorp's Case Co. Rep. 4. Lib. f. 20. a. A Minister is not bound to appear at Ministers not bound to appear to Sheriffs Tourns or Leets c. the Sheriffe's Tourns nor at Court Leets by the Statute of Marlbridge unless their appearance be especially required for some particular cause and if they be distrained to come they may have a Writ reciting the said Statute which Writ in the Register beginneth thus Cum de communi Consilio Provisum sit quod viri Religiosi non habent necesse venire ad Tournum Vicecom c. Regist f. 176 8 H. 4. f. 15. stat Marlbridge cap. 10 Co. Inst 2 part f. 120 and 121. Parsons not compellable to appear at Leets by the Common Law By the Common Law also Parsons of Churches that had curam animarum were not compellable to come to Tourns or Leets and if they were distrained to come they may have a Writ for their discharge in this Form Rex c. Cum secundum Consuetudinem Regni Nostri Personae Ecclesiasticae ratione Terrarum Tenementorum suorum Ecclesiis suis annexorum venire non debeant ad Visum Franci Pleg in curia nostra vel aliorum quorumcumque c. Regist f. 175. F. N. B. f. 160. C. Co. Inst 2 part f. 121. Men of the Church not to be amercied after the quantity of their Spiritual Benefice No Man of the Church shall be amercied after the quanty of his Spiritual Benefice but after his Lay Tenement and after the quantity of his Offence and note that the word Beneficium is a large word and his taken for any Ecclesiastical Promotion or Spiritual Living whatsoever vide Magna Charta cap. 14. and Co. Inst 2 part f. 29. The Plough Beasts of Religious Persons Their Plough Beasts not to be distrained c. or their Sheep shall not be distrained for the King's Debt nor the Debt of any other Man nor for any other cause by any Bailiffs whatsoever but untill such time as they can find another Distress or Chattels sufficient whereof they may Levy the Debt except in case of damage Feasant and such distress is also to be reasonable after the value of the Debt or demand and by the Estimation of Neighbours and not by Strangers nor outrageous stat de districtione Scaccarii 51 H. 3. vide dyer f. 312. a. pl. 86. May make their Wills of Corn sown down Spiritual Persons may make their Wills of such Corn as is sown upon the Glebe Land at the time of their death 28 H. 8 cap. 11. vide 34 H. 6. 38. The punishment for Arresting Ministers doing Divine Service No Man upon grievous forfeiture is to Arrest any Minister in Church or Church-Yard whilst he is attending Divine Service 50 E.
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.
payment of the same All Collectors of Tenths under any Archbishop or Bishop having Letters Patents or other writings of their Office of Collectorship are to be bound by their sufficient writing Obligatory or Recognizance in the Court where the King's revenues of the Tenths shall be answerable in such sum or sums of money as shall be due within their Collection or Office to save and keep the said Archbishop or Bishops harmless and without damage against the King for the same and all such Grants Patents or Writings to such Collectors shall continue no longer in force then during such time as such Archbishop or Bishop who granted the same shall remain Archbishop or Bishop of the same See or Bishoprick whereof he was possessed when he granted the same 7 E. 6 cap. 4. and by the 14 Eliz. cap. 7. the Lands and Tenements Goods and Chattels of such under Collectors of Tenths are made liable to answer the Queen her Heirs and Successors for such sums as they shall gather yearly within their Collection and every Archbishop Bishop and Dean and Chapter sede vacante to whom the Collection of such Tenths shall appertain shall be discharged of so much as shall be satisfied of or by the Lands Tenements Hereditaments Goods oâ— Chattels of such under Collector or his Heirs without any other Warrant whatsoever in that behalf to be obtained 14 Eliz. cap. 7. 13 Eliz. cap. 4. First Fruits in what time to be paid Vicarages not exceeding ten pounds and Parsonages not exceeding ten marks in the King's Books are not to pay any first Fruits as is shewed before and every Incumbent liable to pay first Fruits that lives one half Year after the last avoidance so as he hath or might have received the Rents and Profits of that half Year and before the end of the next half Year he happen to dye or be Lawfully evicted removed or put from the same Promotion Spiritual by Judgment in an action at Common Law without Fraud or Covin then he is to pay but a fourth part of the first Fruits and if he Live one Year and dye or be evicted c. before the next half Year then he is to pay one half of his first Fruits and if he Live one Year and an half and dye or be evicted c. before the end of six Months then next following then he is to pay three parts of his first Fruits and if he Live two Years then he must pay his whole first Fruits for such Promotion Spiritual 1 Eliz. cap. 4. By the 1 Eliz. all Grants Immunities and Liberties given to either of Colleges c. discharged of first Fruits c. the Universities of this Kingdom or to any College or Hall in either of them and to the Colleges of Eaton and Winchester by any of the Kings of England or by Act of Parliament touching the release or discharge of first Fruits and Tenths are to be and remain in full force and strength and that all such conveyances and assurances in Law as were then had or made to either of the Universities or to any College or Hall within either of them or of any of the Parsonages or Benefices Impropriate or of any Patronage for the maintenance of students or learning are good and effectual notwithstanding the same Act of Parliament and all the Possessions of the free Chapel Deanry and Canons of Windsor are discharged of Tenths and first Fruits but all the Rectories and Spiritual Promotions belonging to the Archdeaconry oâ— Wells are made chargeable to the payment thereof and all the Rectories Parsonages and Benefices Impropriate Glebe Lands Tythe Oblations Obventions Pensions Portions and other Profits and Emolluments Ecclesiastical and Spiritual as were in the Survey Rule and Order of the Court of the Dutchy of Lancaster were to continue so And lastly by the same Act it is provided that no Hospital founded and used and the Possessions thereof imployed to and for the use and relief of Poor People or any School or Schools or the possessions or revenues of them shall be charged with the payment of any Tenths or first Fruits 1 Eliz. cap. 4. A demand of Tenths how and where to be made Note that the demand of the Tenths ought to be express and not a summons to pay them at another place as appears by the Case following An Apparator came to the Church to the Parson and said to him that he must pay his Tenths to such an one and at such a place being four miles distant from the Church and the Parson not paying the Bishop certifies according to the Statute that he refused to pay his Tenths and whether this were a good demand or no was the Question and all the Justices agreed that it was not for they said a summons to pay was not sufficient but it ought to be an express demand and by one who hath Authority to receive it M. 39 40 Eliz. C. B. Reyner and Parker's Case M. Rep. f. 541. pl. 714. Bishop's Certificate of what force The Bishop of York certified in the late Court of first Fruits and Tenths Anno 5 6 E. 6. in these words adhibuimus omnimodam diligent per Subcollectores nostros per totam diocesim Eborum Et comperimus I. C. Vicarium de Gargrave Recusantem solvere subsidia Vicariae suae qui nullo modo metu paenarum huiusmodi produci potuisset ad solutionem subsidii praedict sed perseverans in obstinatiori sua malitia and this is left as a quaere in Dyer whether by this Certificate the Vicarage were void or no Dyer f. 116. a. pl. 69. but in Crook's reports it is said there that the Justices held such a Certificate not to be Peremptory but that it may be Traversed for the Bishop doth it only as an Officer and not as a Judge as in Case of Bastardy and here is to be a default in the Parson viz. not payment which is tryable per pais for otherwise all the Parsons in England may be put out of their Parsonages by such nude surmise and bare Certificate without any answer and the Law never intended to make the Certificate so Peremptory as the Book saith and it is there said also that the Officer of the Bishop which is to demand the Tenths ought also to be Authorized to receive them for he cannot appoint them to be paid at another place or to another Person for the Parson is to pay them at his own House and to the Person that demands them in the Name of the Bishop M. 29 30 Eliz. in Scaccario the Queen and Blancher's Case Cro. Eliz. f. 80. pl. 44. Dilapidations cause of deprivation Now we come to Dilapidations which every Clergy Man ought to take care to prevent for there can be nothing worse becoming the Dignity of a Clergy-man than Dilapidations and non residence and as the Canon Law made Provision against it so also hath the Common Law of this Kingdom as appears
is not good to bind the Successor but if a Bishop had two Chapters and one of them surrender without the Bishop's Licence is suspended or dissolved then the confirmation of the other is sufficient and this question coming in debate amongst the Justices in Ireland in a Case concerning a Lease made by the Bishop of Dublin and the Justices there being divided in Opinion Dyer and the rest of the Justices of the Common Pleas here in England were all of Opinion that after surrender c. such a Confirmation by one Chapter was good though formerly it used to be by both and a Certificate thereof was made accordingly of their Opinions to Sir Henry Sidney Knight Lord Debuty of Ireland P. 11 Eliz. Dyer f. 282. b. pl. 26. and see Roll's Cases 1 part f. 477 H. 4 5 and 6. Confirmation before Inrollment good c. If a Bishop make a Lease to the King for Years and before Inrollment thereof the Dean and Chapter confirms it and after the Lease is Inrolled this is a good Confirmation for this is only an Assent which may be as well before the Lease as after Tr. 8 Jac. in Scaccar Sir Edward Dimmock's Case Roll's Cases 1 part f. 478. but a Confirmation after the Death of the Bishop comes too late by the Opinion of Catlin Southcoâ—e and Windham Harur's Rep. M. 14 and 15. Eliz. Grants c not warranted by the Statutes bind the Grantors And note that although it be said â—y the 1 Eliz. 13 Eliz. that all Grants Leases c. made granted c. other then Leases for three Lives â—â— one and twenty Years according â—â— those Acts should be utterly void and of none effect to all Intents Constructions and Purposes yet Grants or Leases c. not warranted by those Statutes though they are void against the Successor yet they are good and shall bind the Grantor or Lessor if it be a Sole Corporation or so long as the Dean or other Head of the Corporation remain if it be a Corporation agregate of many for the Statute was made in benefit of the Successor Co. Lit. f. 45. a. Co. 3 Lib. f. 59 b. 60. â— P. 39 Eliz. C. B. Hunt and Singleton's Case there cited to be so adjudged Brow Rep. 2 part f. 134 135. Godâ— Rep f. 302. vide P. 10 Jac. Waltâ—â— and Dean and Chapter of Norwich Case M. f. 875. pl. 1223. in fine Câ— Rep. 10 Lib. f. 59. a. 11 Lib. f. 73. a Confirmations by whom â—o be made Observe that concurrent Leasâ—â— made by Archbishops and Bishops aâ—â— to be confirmed by the Dean and Chapter or Deans and Chapters if there bâ— several Chapters Grants made by Dean are to be confirmed by the Bishop and Chapter Grants made by â— Archdeacon or Prebend by the Bishoâ— Dean and Chapter Dyer f. 61. a. â— 30 Roll's Cases 1 part f. 481. P. â— 3. and the Grants of Parsons and Vâ—cars are to be confirmed by their Patrons and Ordinaries Co. Rep. 11 Lib. f. 77. a. Roll's Cases 1 part f. 481 Q. 2. and Grants by an Incumbent of a Donative by the Patron alone Roll's Cases 1 part f. 481 R. 1. and where the Patron of a Prebend then the King and Dean and Chapter and not the Bishop ought to confirm Confirmation of the Bishop alone where good Where a Parson of a Church of which the Bishop is Patron and Ordinary makes a Lease which is confirmed by the Bishop without the Dean and Chapter who ought to have joyned and afterwards the Parson dyes and the Bishop Collates another to the Benefice who makes a Lease of his Parsonage which is confirmed by the Bishop and Dean and Chapter and afterwards the Bishop is Translated in this Case it was held the first Lease was good and that it should be binding during the Life of the Bishop and Successor Incumbent who found the Church charged P. 19 Eliz. C. B. Dyâ—r f. 356. b. pl. 42. so if a Prebend make a Lease and the Bishop being Patron confirms it though this be not good to bind the Successor of the Bishop yet this shall bind the Bishop during his Life and all claiming under him for the Confirmation of the Dean and Chapter is required only that the Possessions be not aliened in prejudice of the Successor and so it was agreed in point in Smyth and Bowl 's Case Tr. 15 Jac. B. R. Roll's Cases 1 part f. 479 M. 2 3. f. 481. P. 2. vide Leon. Rep. 1 part f. 235. Assent a good Confirmation If a Dean Lease any of his Possessions of which he is Sole seized with the Assent of the Chapter this is a good Confirmation because the Dean hath solely the Estate and the Writ desine assensu Capituli does prove that there needs only an Assent and if a Dean be Sole seized and not with Chapter of certain Possessions and Lease them by these words in the Deed quod Deoanus ex assensu totius Capituli dâ—misit and the Seal of the Chapter â—â— put to the Deed this is a good Confirmation for it is a good Assent but the Dean and Chapter are jointly seized and the Dean Leases with Assent of tâ—â— Chapter and annexes the Seal of tâ—â— Chapter to the Deed this is void aâ— shall not bind the Chapter becauâ—â— they have an Estate in them as well the Dean hath in him and may maâ—â— P. 10 Jac. B. R. inter Tomlinson and Crook so agreed vide 21 H. 7. 7. Hil. 29 H. 8. C. B. Chasin's Case Dyer f. 42. b. pl. 72. Roll's Cases 1 part f. 478 R. 1. 2. 4. Confirmations when void Grants by Parsons Vicars Prebends c. after Collation Admission and Institution and before Induction or Installation although confirmed as aforesaid are not binding to the Successor for Persona Ecclesiae nunquam dicitur Impersonat ' ante inductionem nec habet jus in re sed ad rem ante inductionem P. 5. Eliz. C. B. Dyer f. 221. pl. 18. Confirmation for part of the Term good If a Parson Vicar Prebend c. make a Lease for Years the Land may be confirmed to the Lessee for part of the Term that is for so many Years thereof but if dimissionem praedictam be confirmed for part of the Term et â—â—n ultra that would be absurd and reâ—ugnant and would stand good for the whole Term and as such Lease may be confirmed for part of the Term so it â—ay for part of the Land M. 16 17. Eliz. C. B. Dyer f. 338. b. pl. 43. f. â—2 b. pl. 4. vide M. 37 38 Eliz. C. â— Bellfore and Foord's Case Cro. Eliz. f. â—47 pl. 12. f. 472. pl. 34. Co. â—ep 5 Lib. f. 81. A Parson made a Lease which was Succeeding Patron c. confirms and good confirmed by the succeeding Bishop and Patron neither of them being Bishop or Patron when the Lease was made
if a Spiritual Person without Fraud or Covin do buy any Horses Mares or Mules for himself or Servants to ride about their necessary business or any other Cattel or Goods to be imployed and put in and about his necessary apparel of his own House or of his Person or Servants or in for or about the occupying manuring or tillage of his Glebe or Demesn Lands annexed to his Church or for the expenses of his Household keeping and after such buying they prove not for the purposes they were bought for then such Spiritual Person may Lawfully bargain and put away the same And it is further provided that every Spiritual Person not having sufficient Glebe or Demesn Lands in their own Hands in right of their Churches for Pasturage of Cattel or for increase of Corn for expences of their Households or for their Carriages or Journies may Farm other Lands and buy and sell Corn and Cattel for the only manuring tillage and pasturage of such Farms so that the increase thereof be alway imployed and put to and for the only expences in their Households and Hospitalities and not in any wise to buy and sell again for any other Commodity Lucre or Advantage any Corn or Cattel renewing coming or growing in and upon any such Farm or otherwise but only the Remainer and Overplus above their expences of their Household if any such shall happen to be bread and increase thereof without Fraud and Covin 21 H. 8. cap. 13. And it is further enacted that no The Penalty for kâ—â—â—iâ—g Tâ—â—â—â—â—use or Brew-house Spiritual Person Beneficed with cure of Souls shall occupy by himself or any to his use any Parsonage or Vicarage in Farm of the Lease or Grant of any Person or Persons nor take any Profit or Rent out of any such Farm upon pein to forfeit forty shillings a Week and ten times the value of the Rent or Profit he shall take out of such Farm And it is further enacted that no Spiritual Person of what degree or condition soever he be shall have use or keep by himself or any to his use any manner of Tan-house or Tanhouses Brew-house or Brew-houses to any other use intent or purpose then only to be spent and occupied in his or their own Houses upon pein to forfeit ten pounds a Month one Moiety to the King and the other to the Informer to be sued for as aforesaid 21 H. 8. cap. 13. They may Farm Houses c. But note it is provided by the said Statute that it may be Lawfull to every Spiritual Person or Persons to take in Farm any Messes Mansions or dwelling Houses having but only Orchards or Gardens in any City Borough and Town for their own habitation and dwelling so that no Person Spiritual other then such as are Licenced and allowed by Law have any Liberty of non residence by colour of the said Proviso 21 H. 8. cap. 13. An Information was exhibited against two Parsons upon the Statute 21 H. 8. against one of them for non residence and against the other for taking of a Farm and one of them pleaded sickness and that by advice of his Physicians he removed into better Air for recovery of his health and the other pleaded that he took the Farm only for the maintenance of his House and Family and these Pleas were held justifiable by the whole Court M. 10 Jac. I. S. Plaintiff against Martin and Gunnistone Boulstr Rep. 2 part f. 18. Priests c. punishable for incontinence In the 1 H. 7. I find a Statute in the Printed Books of Statutes put forth by Rastal Poulton and Keeble and not any where repealed that I can find so I suppose it is still in force and power by which Statute it is enacted that it shall be Lawfull to all Archbishops and Bishops and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious Men being within the bounds of their Jurisdiction as shall be convicted afore them by Examination and other Lawfull proof requisite by the Law of the Church of Advowtry Fornication Incest or any other fleshly incontinence by committing them to Ward and Prison there to abide for such time as shall be thought by their discretions convenient for the quality and quantity of their Trespass and none of the said Archbishops Bishops or other Ordinaries aforesaid shall be thereof chargeable to or upon any Action of false or wrongfull Imprisonment but that they be utterly thereof discharged in any of the Cases aforesaid by virtâ—â— of the said Act 1 H. 7. cap. 4. All Citations c. to be in the King 's Namâ— In the 1 E. 6. cap. 2. it is said that whereas the Archbishops and Bishops and other Spiritual Persons in this Realm do use to make and send out their Summons Citations and other Process in their own Names and in such Form and manner as was used in the time of the usurped power of the Bishop of Rome contrary to the Form and Order of the Summons and Process of the Common Law used in this Realm seeing that all Authority of Jurisdiction Spiritual and Temporal is derived and deducted from the King's Majesty as Supream Head of these Churches and Realms of England and Ireland and so justly acknowledged by the Clergy of the said Realms that all Courts Ecclesiastical within the said two Realms be kept by no other Power or Authority either forreign or within the Realm but by the Authority of his most excellent Majesty it is therefore enacted that all Summons and Citations or other Process Ecclesiastical in all Suits and Causes of Instance betwixt party and party and all Causes of Correction and all Causes of Bastardy oâ— Bigamy or Jure Patronatus Probates of Testaments and Commissions of Administrations of Persons deceased and all acquittances of and upon accounts made by the Executors Administrators or Collectors of Goods of any Dead Person be from the first Day of July then next following made in the Name and with the Stile of the King as it is in Writs Original or Judicial at the Common Law and that the Test thereof be in the Name of the Archbishop or Bishop or other having Ecclesiastical Jurisdiction who hath the Commission and Grant of the Authority Ecclesiastical immediately from the King's Highness and his Commissary Official or Substitute exerciseing Jurisdiction under him shall put his Name in the Citation or Process after the Test â—1 E. 6. câ—p 2. The King'â— Arms c. to be put in the Seals of Office c. And it is further enacted that all manner of Person or Persons who have the Exercise of Ecclesiastical Jurisdiction shall have expressed in their Seals of Office the King's Highness Arms decently set with certain Characters under the Arms for the knowledge of the Diocese and shall use no other Seal of Jurisdiction but wherein his Majestie 's Arms be Ingraven upon pein that if any Person shall use Ecclesiastical
smite or lay violent Hands upon any other either in any Church or Church-yard then every Person so offending shall ipso facto be deemed Excommunicate and be excluded from the company of Christ's Congregation And further if any Person shall maliciously strike any with any weapon in any Church or Church-yard or shall draw any weapon there to the intent to strike another with the same weapon every Person so offending being Convicted by Verdict of Twelve Men or by his own Confession or by two Lawfull Witnesses before Justices of Assize Justices of Oyer and Terminer or Justices of Peace in their Sessions shall loose one of his Ears and if he have no Ears then to be marked in the Cheek with an hot Iron with the Letter F. and ipso facto be Excommunicate 5 E. 6. cap. 4 Co. Inst 3 part f. 176 177. An action of false Imprisonment brought by one Imprisoned for quarrelling in the Church-yard An action of false Imprisonment was brought against two Justices of the Peace who pleaded that the Plaintiff was Excommunicate at the time of his action brought and then because malitiose extraxit pugionem suum in quendam E. ea intentione ad percutiendum ipsum tam in Coemiterio Sanctae Margaretae Virginis infra clausum Cathedralis Ecclesiae Lincoln quam in Caemiterio ejusdem Ecclesiae c. and was indicted for the same And it was doubted by the Court whether this Plea was good or no and if the Plaintiff by the Statute aforesaid shall immediately without any proof made or tryal had or sentence given or proof of Witnesses before the Ordinary by reason of the words ipso facto be deemed Excommunicate P. 10 Eliz. Dyer's Reports f. 275. b. pl. 48. Palmer and Mounson's Case vide Viner and Eaton's Case Hetley's Rep. f. 86. Several Indictments for quarrelling in Church and Church-yards Many Indictments have been framed upon this Statute of 5 E. 6. cap. 4. but none of the Offenders have undergone the punishment that I can find for all the Indictments have been quashed for insufficiency of Forms as may appear by the Cases following One Perchal was Indicted upon this Statute for drawing his dagger in the Church against J. S. without saying that he did draw it to the intent to stick the Plaintiff and therefore the Indictment was holden void as to the Statute and for the Assault also at Common-Law because the Indictment concluded contra formam Statuti M. 32. El. B. R. Perchal's Case Leo. Rep. 2. part fo 188. pl. 234. and see also p. 33. Eliz. B. R. an Indictment against one Penhallow quashed for the same Reason Cro. Eliz. fo 231. pl. 23. An Indictment for fighting in the Church-yard An Indictment was also found against one Dethick upon this Statute for striking in St. Pauls Church-yard and being by the Queens Pattent created Garter-King of Arms by the words Creamus Coronamus Nomen imponimus de Garter Rex Heraldrorum because he was not so named in the Indictment being parcel of his Dignity and not of his Office he was therefore discharged of the Indictment p. 23. Eliz. B. R. Dethicks Case Cro. Eliz fo 224. pl. 7. A man was Indicted also upon this Statute that in the Church-yard such The like a day extraxit Gladium against I. L. ipsum percussit and because the Statute is if any person maliciously strike another or shall draw any Weapon with an intent to strike any person and the Indictment was extraxit but does The like not say ad percutiendum and because it was quod percussit without saying malitiose the party was discharged Noyes Rep. fo 171. The like And two Cholmleys Jasper and John being Indicted for assaulting Doctor Higham in Ecclesia de Shoreditch praedicta praedict Johannem Higham ad tune ibid c. verberaverunt vulneraverunt maletráctaverunt contra formam Statuti c. and upon this the Grand Jury finding Billa vera against Jasper and Ignoramus against John and Jasper pleading not guilty it was found against him and it was moved in Arrest of Judgment that the Indictment was not good being fecerunt and the Bill found onely against one but this exception was not allowed but another exception was taken because it was said in Ecclesia de Shoreditch praedicta and Shoreditch was not named before and for this fault the Judgment was stayd Tr. 12. Car. 1. B. R. Cholmleys Case Cro. Car. fo 464. pl. 2. CHAP. V. Some things necessary for Clergy-men to know concerning Presentations Nomination Deprivation Resignation c. and of avoidance of Spiritual Livings by Death Creation Cession Lapses c. What Presentation is NOte that Presentation is derived a praesentando quia praesentare nihil aliud est quam praesto dare seu offerre c. and this may be done as well by Word as by Writing and if it be by Writing it is no Deed but it is onely in Nature of a Letter to the Bishop and this is the reason that the King himself may present by Word iâ— the Ordinary be present Doderidge pa. 63. Co. Lit. fo 120. a. 19. Eliz. â—â— Quare Impedit 60. Rolls Cases 2 part fâ— 353. S. 1 2 3 4. Cro. Jac. fo 248. 3â— E. 3.3 vide King and Emmersons Casâ— Tr. 8. Jac. C. B. Brownl Rep. 1. paâ—â— fo 162. Presentations or Commendatorie The Form of a Presentation Letters are usually in this or the like Form Reverendissimo in Christo Patri domino R. permissione divina Eboracensis Archiepiscopo Angliae Primati Metropolitano ejusve in absentia Vicario suo in rebus spiritualibus generali T. S. Armiger verus indubitatus patronus Ecclesiae Parochialis de H. in Com. Ebor. salutem in domino sempiternam ad Ecclesiam Parochialem de H. praedictam vestrae Diocesis modo per mortem vel Resignationem Câ—ssionem Deprivationem c. as the Case is T. R. vacantem ad meam praesentationem pleno jure spectantem dilectum meum in Christo W. C. clericum in artibus Magistrum paternitati vestrae praesento or commendo humiliter supplicans ut praefatum W. C. ad dictam Ecclesiam admittere ipsumque Rectorem ejusdem Ecclesiae instituere induci facere cum suis Juribus pertinentiis universis caeteraque omnia singula peragere adimplere in hac parte quae ad vestrum munus Episcopale pertinere vedebuntur dignemini cum favore in cuius rei Testimonium his praesentibus sigillum meum apposui datum primo die Decembris Anno. Regni c. Generally all Persons who have ability Who may make a Presentation to grant or purchase have ability to present unto any Benefice with cure of Souls Yea an Infant under the Age of 21 Years may present in his own Name and Right and if he do not present within six Months the Church shall Lapse to the Bishop but a Feme Covert cannot present by
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