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-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
few things relating to the Convocation and lastly the King's Majesties Letters and Directions in the fourteenth Year of his Reign to the Archbishop of Canterbury concerning the Clergy pa. 15. CHAP. III. The Articles of Religion which every Minister is to subscribe unto both at his Ordination and at his Admission and Institution to a Living agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562. put forth by Authority for avoiding Diversities of Opinions and for the establishing of consent touching true Religion pa. 111. CHAP. IV. Several Cases touching the Privileges of Ministers and Churches and Church-yards pa. 99. 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. pa. 118. CHAP. VI. Of Pluralities Dispensations and non residence pa. 159. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same pa. 201. CHAP. VIII Of first Fruits Tenths Dilapidations and Mortuaries pa. 228. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons pa. 260. CHAP. X. How Clergy-Men are incapacitated to take Farms or follow Secular Affairs and how they are punishable for Incontinency by their Superiors and by whose power and Authority Courts Ecclesiastical are to be kept and in whose Name and Stile their Ecclesiastical Process are to be and with what Seal to be sealed pa. 301. ADVERTISEMENT CHoice Presidents upon all Acts of Parliament Relating to the Office and Duty of a Justice of Peace With necessary Notes and Instructions thereupon taken out of the said Acts of Parliament and other particular Cases in Law adjudg'd therein As also a more usefull Method of making up Court Rolls then hath been known or hitherto published in Print By Rich. Kilburne Esq late one of his Majestie 's Justices of the Peace for the County of Kent and Principal of Staple-Inn The Second Edition with many usefull Additions made publick by G. F. of Grayes-Inn Esq Newly Reprinted for R. Tonson 1681. THE PARSON'S MONITOR CHAP. I. What Qualifications are required by Scripture and Law in such Persons as intend to enter into the Ministery and also a word or two concerning Ordination and what the Canon requires as to the Apparel and behaviour of Clergy Men. What Qualifications are required in Ministers by Scrâ—pture SAINT Paul in his first Epistle to Tymothy saith That Deacons must be grave not double-tongued not given to much wine not greedy of filthy lucre holding the mysterie of the Faith in a pure Conscience and let these also saith the Apostle first be proved then let them use the Office of a Deacon being found blameless and he saith further they must be the Husbands of one Wife ruling their Children and own Houses well 1 Tim. Chap. 3. ver 8 9 10 and 12. What Qualifications the Law requires in them Thus far speaks S. Paul now observe that the Law requires that every one that intends to be a Parson must Regularly be of free Condition and not Criminous Out-law'd nor Excommunicate nor a Jew Miscâ—eant Infidel Schismatick or Heretick He must also be Conformable to the Government and Doctrine of the Church of England and by the Statute of the 13 Eliz. he must be 24 years of age 13 Eliz. cap. 12. vide 5 H. 7. 20. a. 14 H. 7. 28 b. Co. Rep. 5. lib. 58. a. Degs Parson's Counsellor cap. 1. The difference between Malum in se and Mala Neither is one capable of being a Parson Vicar c. If he be guilty of Murther Manslaughter Perjury Foriury or other foul crime That is Malum in se and in this case it matters not whether the party be Convict of this crime or no so that the Ordinary have certain knowledge thereof but for a Man to be guilty of haunting of Ale-houses or a player at unlawfull games which are only Mala Prohibita and not Mala in se it is no Impediment to his heiâ—â—â— Parson Vicar c. Co. Rep. 5. lib. f. 58. 〈◊〉 38. E. 3. f. 2. b. Dyeâ—s Rep. French f. 293. b. and 254. b. and vide Rolls Cases 2. parte fo 355. z. 1. 4. 5. 6. 8. Every Minister ought to be learned in the Language the People speak and understand Every Parson Vicar c. must also be competently well learned and skilled in the Language the People speak and understand where he is to be Parson Vicar c. otherwise the Bishop may refuse him as it was resolved in the Case of one Albany in a Quare Impedit against the Bishop of S. Asaph where the Bishop pleaded that the service of the Church to which the Presentee was presented was in the Welsh Tongue and that the Parishoners understood not the English and that the Presentee could not speak Welsh and therefore he refused him And all the Justices held this to be a good Cause of refusal for if he understand not them nor they him he cannot instruct his sâ—ock according to his duty and charge m. 30. and 31 Eliz. B. R. Albany and the Bishop of S. Asaph's Case Cro. Eliz f. 119. pl. 5. Deg. cap. 1. Ordination to be but four times in the Year Note that Ordination is to be but four times in the Year that is to sayâ— the Sunday immediately following the four Ember weeks and no Man is to be made Deacon and Minister together upon one Day Can. 31. and 32. The penalty of obtaining Orders corruptly And by the 13 of Eliz. it is enacted that if any Person or Persons whatsoever shall or do at any time receive or take any Money Fee Reward or any other profit directly or indirectly or shall take any Promise Agreement Covenant Bond or other assurance to receive any Money Fee Reward or any other profit directly or indirectly either to him or themselves or to any other of their or any of their Friends all Ordinary and Lawfull Fees only excepted for or to procure the Ordaining or making of any Minister or Ministers or giving of Orders or Licence or Licences to Preach that every Person and Persons so offending shall for every such offence forfeit forty Pounds and the party so corruptly Ordained or made Minister or taking Orders shall forfeit ten Pounds And if at any time within seven Years next after such corrupt entring into the Ministery or receiving Orders he shall accept or take any Benefice Living or Promotion Ecclesiastical that immediately from and after the Induction Investing or Installation thereof or thereunto had the same Benefice c. shall be meerly void And that the Patron or Person to whom the Advowson Gift Presentation or Collation shall by Law appertain may present or collate unto give or dispose of the same Benefice c. in such
Masters or Mistresses neglecting to send their Children Servants or Apprentices to be Catechised or the Servants or Apprentices refusing to go to learn are to be suspended and if they persist so by the space of a Month then to be Excommunicated And every Minister that hath cure is to prepare make able and procure as many as he can to be brought and confirmed by the Bishop and every Bishop or his Suffragan in his accustomed Visitation is in his own Person to Confirm such and if in that Year by reason of some Infirmity he is not able Personally to Visit then he is not to omit it the next Year after And no Minister upon pein of Suspension ipso facto for three Years is to celebrate Matrimony between any Persons without a Faculty or Licence granted by such as have Episcopal Authority or the Commissary for Faculties Vicars General of the Archbishops and Bishops Sede plena or Sede vacante the Guardian of the Spiritualities or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively except the Banes of Matrimony have been published three several Sundays or Holydays in the time of Divine Service in the Parish Churches or Chapels where the said parties dwell neither shall any Minister under the like pein Marry any such Licensed Persons in any other place but in the Church or Chapel where one of them dwelleth and between the hours of eight and twelve in the Forenoon in time of Divine Service nor when Banes are thrice asked and no Licence necessary till the Parents or Governors of the parties to be Married being under the age of one and twenty Years shall either personally or by sufficient Testimony signify to him their consents to the said Marriage And if any Minister under colour of any peculiar Liberty or Privilege claimed to appertain to certain Churches shall offend herein he may be suspended for three Years by the Ordinary of the place where the offence was committed and if the Minister remove from such place before suspension then may the Ordinary of the place where he remaineth upon the other Ordinarie's Certificate under Hand and Seal execute that censure upon him Can. 59 60 61 62 63 101. Every Parson Vicar or Curate is Ministers to bid Holy-days conferr with Recusants c. solemnly to bid Holy-days or Fasting-days the Sunday before they fall as the Common-Prayer Book directs and all Ministers are solemnly in time of Divine Service in their Parish Churches upon some Sunday to denounce Recusants and Persons Excommunicate and every Preaching Minister having any Popish Recusant or Recusants in his Parish is to confer with them to see if he can reclaim them from their Errors The Minister also or Curate when any Person is sick in their Parish having knowledge thereof if the disease be not known or probably suspected to be Infectious are to repair to instruct and comfort them after the Order of the Communion Book if he be no Preacher and if he be a Preacher then as he shall think most convenient and when any is dying then a Bell shall be tolled and the Minister then is to perform his last duty and after the party's death if it so fall out there shall be rung no more but one short Peal and one other before the Burial and one other after the Burial And no Minister without the Bishop's Licence under Hand and Seal is to keep any solemn Feasts either in publick or in private Houses other than such as by Law are or shall be appointed nor shall be willingly present at any of them under pein of suspension the first fault Excommunication the second and deposition from the Ministery the third Nor shall any Minister without such Licence as aforesaid hold any meetings for Sermons termed Prophesies or Exercises in Market Towns or elsewhere under the same peins neither may any Minister upon any pretence whatsoever either of possession or obsession by Fasting and Prayer attempt to cast out any Divil or Divils under pein of being accounted an Impostor and to be deposed from the Ministery And no Priests or Ministers of the Word of God are to hold private Conventicles which may in any way tend to the impeaching or depraving of the Doctrine of the Church of England or Book of Common-Prayer or any part of the Discipline established in the Church of England upon pein of Excommunication ipso facto Can. 64 65 66 67. 72 73. The Penalty for Preaching or Teaching that eating Fish or forbearing Flesh is of necessity to Salvation If any Minister or other Person by Preaching Teaching Writing or open Speech maintain the eating of Fish or forbearing of Flesh to be of necessity to Salvation or the Service of God otherwise than other publick Laws are and be they may be punished as spreaders of false News by the stat 5 Eliz. and it is there also enacted that if any Parson Vicar or Curate do Licence any Person to eat Flesh on Fish days other than such who are sick and evidently appear to have need thereof by reason of their sickness the Licence shall be void and every such Parson Vicar or Curate shall forfeit for every such Licence otherwise granted five Marks the Offence to be prosecuted within half a Year after it is committed or else no loss or forfeiture to be answered 5 Eliz. cap. 5. If any Minister or other Person during The Penalty for declaring that the K. is an Heretick c. the King's life do maliciously and advisedly by Writing Printing Preaching or other Speaking publish or declare that the King is an Heretick or Papist or that he endeavours to introduce Popery or if they incite or stir up the people to the hatred or dislike of his Person or Government and being thereof Legally convicted such person so offending is made incapable of holding injoying or exercising any place office or promotion Ecclesiastical Civil or Military and if they preach or maintain c. that the Parliament begun the third of November 1640. is yet in being or that there is any Obligation on the King or any other person from any Oath Covenant or Ingagement whatsoever to change the Government in Church or State or that the two Houses of Parliament or either of them have a Legislative power without the King such person offending herein incurs the danger and penalty of a praemunire 13 Car. 2. Cap. 1. What Statutes Ministers are to reade in their Churches Every Minister is once every year in his Church upon some Sunday in the time of the greatest Assembly to reade the Statute of the 5 and 6 Eliz. 6. cap. 1. and shew the power and effect of the unanimous Prayers of God's people in their necessities and every Minister is also every year the Sunday before the fifth day of November publickly to reade to his Parishioners in his Church after Morning-Prayer or Preaching the Statute of the 3 Jac. cap. 1. And they are also twice every
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
Instituo te Rectorem talis Ecclesiae cum cura Animarnm accipe curam tuam meam c. And note that every Rectory consists of Spiritualities and Temporalities and as to the Spiritualities to wit Cura animarum he is compleat Parson by the Institution and may celebrate Divine Service Preach c. but not to the Temporalities as to the Glebe c. for he hath no freehold in them till his Induction vide Hare and Buckle's Ca. Plo. Com. f. 528. Co. Lit. f. 344. a. and Hill 41 Eliz B. R. Digbie's Ca. Co. Rep. 4. Lib. f. 79. a. Hughe's Grand Abridgm 1. part p. 135. Ca. 7. Goldes Rep. p. 163. and 164. and vide 32. H. 6. 28. b. and 33. H. 6. 24. and Hughe's Parson's Law cap. 11. A Bishop may Institute out of his Diocess Note That the Bishop may Institute a Clerk as well out of his Diocess as within it for as to this matter it is not local but follows the Person of the Bishop wheresoever he goes Cro. Car. f. 342. Hughe's Gran. Abridgm 1 part p. 134. Ca. 7. and vide 21. Jac. B. R. in Knowle's and Dobbin's Case Godbolt's Rep. p. 342. pl. 446. Hughe's Parson's Law cap. 11. and 27 Eliz. C. B. Carter and Croft's Case None to be admitted to any Living till he be a Priest in Orders But observe that none can be admitted to any Living till he be a Priest in Orders which he cannot be by the Statute of Uniformity till he is four and twenty Years of Age and if any Person shall be Admitted Instituted and Inducted into any Living before he is in Holy Orders his Admission Institution and Induction are void 14. Car. 2. cap. 4. And every Clerk before his Admission to be Incumbent must subscribe the Every Clerk to subscribe to his Declaration before his Admission to a Living Declaration following to wit I. B. C. ' do declare that it is not Lawfull upon any pretence whatsoever to take Arms against the King And that I do abhor that Trayterous Position of taking Arms by his Authority against his Person or against those that are Commissioned by him And that I will conform to the Liturgy of the Church of England as it is now established by Law And I do declare that I do hold there lies no Obligation upon me or any other Person from the Oath commonly called the Solemn League and Covenant to endeavour any change or alteration of Government either in Church or State And that the same was in it self an unlawfull Oath and imposed upon the Subjects of this Kingdom against the known Laws and Liberties of this Kingdom 14. Car. 2 cap. 4. After the five and twentieth Day of March 1682. There shall be omitted out of the said Declaration or acknowledgment the latter part thereof-beginning And I do declare that I do hold there lies no Obligation on me or any other Person from the Oath c. After this Subscription made every A Certificate to be procured after Subscription and the same to be read within three Months Parson Vicar Curate and Lecturer is to procure a Certificate under the Hand and Seal of the respective Archbishop Bishop or Ordinary of the Diocess who are to deliver the same upon demand and shall publickly and openly read the same together with the declaration or acknowledgment aforesaid upon some Lord's day within three Months then next following in his Parish Church where he is to Officiate in the time of Divine Service before all the Common-Prayer be ended in the presence of the Congregation there assembled upon pein to loose his Parsonage Vicarage or Benefice Curate's place of Lecturer's place and shall be utterly disabled and ips facto deprived of the same And that the said Parsonage Vicarage or Benefice Curate's place or Lecturer's place shall be void as if he were naturally Dead 14. Car. 2. cap. 4. What Induction is and how to be performed When the Bishop hath Instituted the Clerk the Ordinary c. makes a Mandate under Seal to the Archdeacon of the place or to such other Clergy-men as he pleaseth to Induct the Clerk and it may be done by the Dean and Chapter by Prescription but not by the Patron and the usual way of Induction is by the delivery of the Bell-Rope to the new Parson who is to toll the Bell that the People may thereby take notice when the Archdeacon inducts the Parson his Fee is 40 Pence but a Donative may pass by the gift of the Patron without Institution or Induction 8. Ass pl. 13. Davis Rep. f. 46. b. Roll's Cases 2 part f. 356. B. 1. and 357. C. 2 3 4 5 6 7 Deg. cap. 2. vide 38. E. 3. 3. b. 11. H. 4. 9 and 10. What Remedy where the Archdeacon refuseth to Induct If the Archdeacon will not Induct the Clerk after such time as the Bishop hath admitted and Instituted him and directed his Mandate to the Archdeacon to admit him some have been of Opinion that the Clerk may have an action of the Case against him because the Induction is a Temporal act but others are of Opinion and so it was adjudged p. 13. Eliz. C. B. that a Citation shall be awarded in such Case out of the Spiritual Court against the Archdeacon to answer the same there where he shall be punished if there be Cause because the Archdeacon may alledge some special Cause which by the Spiritual Ecclesiastical Law the Clerk ought not to be Inducted which Cause may not be triable or determinable in the Temporal Court Fitz. N. B. 47. H. Hughe's Par. Law cap. 12. Ecclesiastical Persons to take the Oath of Supremacy All and every Person and Persons that shall be Preferred Promoted or Collated to any Archbishoprick or Bishoprick or to any other Spiritual Promotion or Ecciesiastical Benesice Promotion Dignity Office or Ministery before he or they take upon him or them to Receive Use Exercise Supply or Occupy any such Promotion they shall take the Oath of Supremacy before such Persons as have Authority to admit any such Person to any such Office or Ministery 1 Eliz. cap. 1. 5 Eliz. cap. 1. Clerks to swear Canonical Obedience And when any Clerk is admitted and instituted to any Benefice he is usually sworn also to Canonical Obedience to his Diocesan Co. Inst 4 part f. 324. The form of the Oath of Supremacy The form of the Oath of Supremacy is as followeth viz I. A. B. ' do utterly declare and testify in my Conscience That the King's Highness is the only Supream Governor of this Realm and of all other his Majestie 's Dominions and Countries as well in Spiritual or Ecclesiastical things or Causes as Temporal and that no foreign Prince Person Prelate State or Potentate hath or ought to have any Jurisdiction Power Superiority Preeminence or Authority Ecclesiastical or Spiritual within this Realm And therefore I do utterly renounce and forsake all foreign
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
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.
after the deaths of such Lessors or their Heirs shall and may have such like Remedy and Advantage to all Intents and Purposes against the Lessees thereof their Executors and Assigns as the same Lessors should or might have had against the same Lessees c. 32 H. 8. cap. 28. Parsons and Vicars excepted out of the Act. And it is also further provided that this Act shall not extend to give any Liberty or Power to any Parson or Vicar of any Church or Vicarage for to make any Lease or Grant of any of their Messuages Lands Tenements Tithes Profits or Hereditaments belonging to their Churches or Vicarages otherwise or in any manner than they should or might have done before the making of the same Act any thing therein contained to the contrary thereof Notwithstanding 32 H. 8. cap. 28. By the 1 Eliz. All Gifts Grants Leases by Bishâ—ps c. to be made for 21 years or 3 Lives Feoffments Fines and other Conveyances or Estates from the first day of the said Parliament to be made done or suffered by any Arch-bishop or Bishop of any Honors Castles Mannors Lands Tenements or other Hereditaments being parcel of the Possessions of his Arch-bishoprick or Bishoprick or united appertaining or belonging to any of the same to any Person other than to the Queen Heâ— Heirs or Successors whereby any Estate should or might pass from the Arch-bishop or Bishop other than for the Term of One and twenty years or Three Lives from such time as any Lease Grant or Assurance shall begin or whereupon the old accustomed Renâ— or more shall be reserved payable yearly during the said Term of Onâ— and twenty years or Three Lives shalâ— be utterly void 1 Eliz. cap. 19. Bâ— by the 1 Jac. All Arch-bishops anâ— Bishops are disabled in Law to make doe levy or suffer any Act or Acts thinâ— or things whereby or by means where of any of the said Honors Castles Mannors Lands c. shall or may bâ— Aliened Granted c. to the King His Heirs or Successors but that all such Grants shall be void 1 Jac. cap. 3. Co. Rep. 10. Lib. f. 62. a. 11. Lib. f. 71. b. 72. a. Leases made by Spiritual Persons c. for what Term to continue And by the 13 Eliz. it is enacted that all Leases Gifts Grants c. to be made had done or suffered by any Master and Fellows of any College Dean and Chapter of any Cathedral or Collegiate Church Master or Guardian of any Hospital Parson or Vicar or any other having any Spiritual or Ecclesiastical Living or any Houses Land Tythes Tenements or other Hereditaments being any parcel of the possessions of any such College Cathedral Church Chapel Hospital Parsonage Vicarage or other Spiritual Promotion or any waies appertaining or belonging to the same or any of them to any Person or Persons Bodies Politick or Corporate other then for the Term of 21 Years or three Lives from the time as any such Lease or Grant shall be made or granted whereupon the accustomed yearly Rent or more shall be reserved and payable yearly during the said Term shall be utterly void and of none effect to all intents constructions and purposes but it is provided that nothing in this Act shall be taken or construed to make good any Lease or other Grant to be made by such College or Collegiate Church within either of both the Universities of Oxford and Cambridge or else where within the Realm of England for more Years then are limited by their private Statutes 13 Eliz. cap. 10. vide 14 Eliz. cap. 11. Leases by â— Parsons c. to be void upon non residence And further it is enacted that no Lease to be made of any Benefice or Ecclesiastical Promotion with cure or any part thereof and not being impropriated shall endure any longer then while the Lessor shall be Ordinarily Resident and serving the cure of such Benefice without absence of fourscore daies in any one Year but that every such Lease immediately upon such absence shall cease and be void and the Incumbent so offending shall for the same loose one Years profit of his said Benefice to be distributed by the Ordinary among the poor of the Parish And that all chargings of such Benefices with cure other then Rents to be reserved upon Leases shall be utterly void provided that every Person allowed to have two Benefices may demise the one of them upon which he shall not be most Ordinarily Resident to his Curate only that shall there serve the cure for him but such Lease shall endure no longer then during such Curate's Residence without absence above forty daies in any one Year 13 Eliz. cap. 20. 14 Eliz. cap. 11. Bonds c. for enjoying c void Likewise all Bonds Contracts Covenants and Promises made for suffering or permitting any Person to enjoy any Benefice or Ecclesiastical Promotion with cure or to take the profits thereof shall be to all intents and purposes adjudged of such force and validity and not otherwise as Leases by the same Persons made of such Benefices c. with cure and that all such Leases Bonds c. concerning such Benefices and Ecclesiastical Promotions with cure made by any Curate shall be of no other nor better force validity or continuance then if the same had been made by the Beneficed Person himself that demiseth the same to any such Curate But Masters and Fellows of Colleges Deans and Chapters of Cathedral or Collegiate Churches Masters or Guardians of any Hospital or any Parson or Vicar or any other having any Spiritual or Ecclesiastical Living may make a Grant Assurance or Lease of their Houses and Grounds appertaining to the same being situate in any City Borough Town Corporate or Market Town or the Suburbs of any of them after such manner as their several Statutes do permit so that such House be not the Capital or dwelling House used for the habitation of the Persons abovesaid nor have Ground to the same belonging above the quantity of ten Acres 14 Eliz. cap. 11. vide Tr. 14 Jac. C. B. Crane and Taylor 's Case Hob. Rep. f. 269. Leases of Houses in Câ—tâ—â—s c. how long to continue But it is provided by the same Statute that no Lease be made in Reversion nor without reserving the accustomed yearly Rent nor without charging the Lessee with reparations nor for longer Term then forty Years at the most nor are any Houses to be aliened unless that in Recompence thereof there shall afore with or presently after such alienation be good lawfull and sufficient assurance made in Fee simple absolutely to such Colleges Houses Bodies Politick or Corporate and their Successers of Lands of as good value and of as great yearly value at the least as so shall be aliened any Statute to the contrary notwithstanding 14 Eliz. cap. 11. Old Leases to be ended within three Years when a new Lease is made And by
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