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A50670 The parson's monitor, consisting of such cases and matters as principally concern the clergy collected from the statute and common laws, as also the constitutions and canons ecclesiastical : confirmed 1 Jac. anno Dom. 1603 : together with the Articles of religion, authority of the convocation, privilege of churches and church-yards, payment of first-fruits and tenths, in whose name and style ecclesiastical courts are to be kept, and the process issuing out of the same are to run in, and with what seal to be sealed : with several other matters (never before extant) very material and necessary to be known by the clergy in general, and all persons concerned either as patron, or incumbent / by G. Meriton, gent. Meriton, George, 1634-1711. 1681 (1681) Wing M1808; ESTC R702 137,500 344

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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 Rol●'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 a●d accept a●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.