Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	bring_v	defendant_n	reverse_v	1,916	5	12.1400	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

the same to the Ordinary or Guardian of the Spiritualities for the time being so that B. his Heirs or Assigns Patrons of the said Church may present anew to the same discharged of all Incumbrances made or suffered by A. then the same Obligation to be void otherwise c. and this upon demurrer was held to be a good condition without averment that it was for a Simoniacal purpose for otherwise it doth not appear to the Court to be so and there is a difference between malum inse against the Common Law and malum prohibitum by Statute Law or by the Civil or Ca●on Law whereof the Judges at Common Law take no notice and it is there further said that if the condition were that after the Institution and Induction into the Church the Obliger shall at all times afterwards be Ordinarily resident and serving the cure of the said Benefice without absence by 80 daies in any one Year during the time that he shall be Parson there this is a good condition without any averment to be taken for any Simoniacal purpose M. 14 Car. 1. B. R. Carey and Yeo's Case Intratur H. 13 Car. 1 Rot. 445. Roll's Cases 1 part f. 417. V. 1 2. vide Co. Inst 3 part f. 153. in the Margin Simoniacal promise void A Parson did promise a Man that if he would bestow his labour and pains to procure him to be Presented Instituted and Inducted into the Chapel of the Tower being then void and a Donative in the King's Gift that he would pay him twenty pounds upon request whereupon he did procure him to be presented c. to the same and then required his money which the Parson refused to pay and thereupon he brought his Action in the Court of the Tower of London and had a Verdict and Judgment for the money upon which the Parson brought a Writ of Error and it was agreed that the Judgment was Erronious for the consideration was Simoniacal and against Law and no good consideration and therefore the promise not good and so the Judgment was reversed as Justice Jones reports it but in Justice Crook's reports it is there said that the Declaration was held not to be good for the Plaintiff had laid the promise to pay after the Defendant was Rector and shews that he was Rector by his procurement upon the said promise which could not be for he was never Rector but a Person utterly disabled to be a Parson by this Simoniacal contract as by the 13 Eliz. for not reading the Articles of Religion M. 9 Car. 1 B. R. Mackaller and Todderick's Case Jone's Rep. f. 341. pl. 1 Cro. Car. f. 337. pl. 24. 353. pl. 18. 361. pl. 2. and Roll's Cases 1 part f. 18. The King's turn lost when If a Clerk be Presented by Simony and be Instituted and Inducted into the Living and dye possessed thereof yet this doth not take away the King's turn but he may present after the Incumbent's Death if he please but if the Incumbent in his Life time resign or the like and a new Clerk were presented and dyed then the King's turn had been lost and if a Patron contract with one for Simony and then present another without Simony the King gains nothing for there must be an actual though not an effectual Presentation but if once the Patron have presented by Simony the King is straightwaies Interested though no Admission follow by the express words of the Statute but where the Patron is Innocent and the Simony begins in the Institution and Induction there the Church is void from the Induction only and the Patron shall present de novo because no fault in him and not the King And so where a Clerk gets Orders by Simony and obtains a Living within Seven Years Lawfully in this Case it is void from the Induction as if he were Dead and the Patron shall present again and not the King see P. 14 Jac. C. B. Rot. 1026 Winchcome and Bishop of Winchester and Puleston's Case Hob. Rep. f. 165 166 167. Noye's Rep. f. 25. M. Rep. f. 877. pl. 1231. Presentment by Simony serves for a turn If one who hath the grant of the next avoidance to a Church present by Simony and his Clerk is received he shall never present again as taking this to be void and so his turn to remain for as to him it is full and he shall not disable his own Act And if a Parson who comes in by Simony sue for Tythes in the Ecclesiastical Court or for his treble damages at Common Law his Parishioners may plead him no Parson because of his Simony for otherwise if the King should present and his Clerk be received he must not pay both and to whom he shall pay it is at his peril upon the Simony or not and if the Ordinary refuse his Plea he may have a Prohibition for it is made void by a Statute Law by which the Spiritual Courts are bound Hob. Rep. f. 168. Noye's Rep. f. 25. and see Tr 10. Jac. C. B. Dr. Hutchinson's son's Case Godb. Rep. f. 202. pl. 288. Note that the Clause of the Act of Precipitate Admissions c. to be avoided Parliament mentioned before in this Chapter which saith that if any Person shall for any sum of Money c. other than for usual Fees Admit Institute c. that every Person so offending shall lose double value of one years profit of every such Benefice c. and that immediately after the Induction such Benefice shall be meerly void c. was made as the Lord Cook saith who was a Member of that Parliament to avoid hasty and precipitate Admissions Institutions c. to the prejudice of them that have Right to present by putting them to a Quare Impedit for no such hast or precipitation is used but for Reward c. as it is to be presumed for there be two great Enemies to Justice and Right viz. Praecipitatio morosa Cunctatio and although the Church be full by the Institution c. against all but the King yet the Church becometh not void by this branch of this Act untill after Induction neither doth it Incapacitate the Clerk from whom such sum of Money or Reward was exacted above the usual Fees but that he may be presented again to the same Living and in all the Cases before mentioned where it is said that they shall forfeit and lose the double value of one years profit c. this shall be accounted according to the true value as the same Living may be Letten and shall be Tryed by a Jury and not according to the Extent or Taxation of the Church whereof one was made both of the Spiritualities and Temporalities in the 28 E. 1. Anno Dom. 1292. in the time of Pope Nicholas the Third and the other in the 26 H. 8. Anno Dom. 1535. in the time of Pope Paul the Third but this last Taxation which is now the