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A37445 The parson's counsellor with the law of tithes or tithing in two books : the first sheweth the order every parson, vicar, &c. ought to observe in obtaining a spiritual preferment, and what duties are incumbent upon him ... : the second shews in what manner all sorts of tithes, offerings, mortuaries, and other church-duties are to be paid ... / written by Sir Simon Degge, Kt. Degge, Simon, Sir, 1612-1704. 1676 (1676) Wing D852; ESTC R8884 170,893 368

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become almost if not altogether as great as ever and deserves a new and stricter reformation for almost all the greatest and best Livings of the Kingdom are now held by pluralists and served by mean Curates But now let me return to the Act and let me observe That this Act has only provided a Remedy where the first Living is of the Yearly value of eight pounds or above Cro. cap. 456⸪ Pig Jac. C. B Evesque Durham vers Evesque Peterburrough which must be understood according to the valuation taken in the twenty ninth Year of King E. 1. till the twenty sixth of H. 8. And after that time according to the valuation then returned into the Exchequer Dyer 237. p. 29. Cro. Eliz. 853. Quaere and now made use of in the first fruits office But many former Opinions and Books have been that the valuation ought to be according to the true value Ideo quaere But in case the first Living be under the yearly value of eight pounds or a sine cura then the party may accept a second as he might have done before this act with a dispensation which he needs not now go to Rome for although he be not qualified within this Law But by this good Act there are several persons qualified to have and retain Pluralities Who are qualified to have Pluralities and those are of three sorts 1. by Service 2. by their Birth and the 3. by Dignities And first of those that are qualified by service 1. Qualification 1 All the King's Chaplains which are not of his Councel and of the Queen Prince Princess and Brethren and Sisters Uncles and Aunts of the King 2. Eight Chaplains of every Arch-Bishop 3. Six Chaplains of every Duke 4. Five Chaplains of every Marquess and Earl 5. Six Chaplains of every Bishop 6. Four Chaplains of every Viscount 7. Three Chaplains of the Lord Chancellor and of every Knight of the Garter and Baron 8. Two Chaplains of every Dutchess Marchioness Countess and Baroness being Widows 9. Two Chaplains of the Treasurer and Controller of the King's House the King's Secretary the King's Almner Clerk of the Closet and Master of the Rolls 10. One Chaplain of the Chief Justice of the King's Bench and Warden of the Cinque Ports for the time being All these in respect of their Services may purchase license or dispensations and take receive and keep two Parsonages or Benefices with cure of Souls notwithstanding this Act. But those of the King's Chaplains that are sworn of the King's Councel may purchase license or dispensations and take receive and keep three Parsonages or c. with Cure of Souls 2. The second qualification is by Birth Qualification by Birth that is the Brothers and Sons of all Temporal Lords and of Knights born in Wedlock may purchase license or dispensations and take receive and keep two Parsonages c. with cure of Souls in which qualification it is to be observed that no provision is made for Bastards nor for the Sons of Bishops Abbots Priors c. and note in this case the Sons and Brothers of Knights have greater priviledg than the Sons and Brothers of Baronets 3. Qualification by dignity The third qualification is of certain persons dignified in the Universities and of that sort are all Doctors and Batchelors of Divinity Doctors and Batchelors of the Common Laws which shall be admitted to any of those degrees by any of the Universities of this Realm and not by grace only all which may purchase licenses or dispensations and take receive and keep two Parsonages c. with cure of Souls And in this act there is a negative proviso to this effect Proviso that above the number shall not be advanced That no person or persons to whom any number of Chaplains or any Chaplain by the provisions aforesaid is limited shall in any wise by colour 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 There is another Proviso Proviso that they must have Testimonials that the Chaplains so purchasing taking receiving and keeping Benefices with cure of Souls as aforesaid shall be bound to have and exhibit where need shall be Letters under the sign and Seal of the King or other their Lord or Master testifying whose Chaplains they be Boy vers Saveacre T. 28 El. C. B. ro 1130. Hughes p. 41. Boy vers Evesque Lincoln alios T 31 El. ro 725. C. B. or else not to enjoy any plurality of Benefice by being such Chaplains Upon this clause some question has been made whether a Chaplain can be retained within the meaning of this Law by parol and it seems he may so that they have such Testimonial when they pray their dispensation but the safest way is to have it in writing and it must be under Hand and Seal Now having shewed what persons are qualified within this Statute I will in the next place shew how the Clerk that would have the benefit of his qualification within this Law ought to proceed in the taking a second Living so that the first may not be void which is in this manner The Person that falls within any of the qualifications within this Law which makes him capable of a plurality How to proceed in the taking of a second Living and having obtained a presentation to a second Living must carry his Testimonial or retainer under the Hand and Seal of his Lord or Master to the Master of the faculties who is to make out his dispensation or Licence to accept the second Benefice which being obtained he must next have it confirmed under the great Seal of England and after he has thus obtained his dispensation and has it confirmed under the great Seal then Stat. 25 H. 8. cap. 21. and not before he is to apply himself to the Bishop of the Diocess where the Living lies for his admission and institution for though by the Letter of the Act the first Living is not void untill induction into the second Living First Living void by institution into the Second the words whereof are as follows If the party be instituted and inducted in possession of the second Living that then the first shall be void Yet to avoid the great inconvenience that otherwise would ensue it has been held that the first Living is void upon the bare institution into the second Living Co. 4.79 b. Hob. 166⸫ and so it should seem the Law was before the making of this Act where the party had no dispensation And it is to be observed upon this Law Which Chapl●ins shall be qualified where above the number is retained More 561. Co. 4.90 a⸪ B. vers Evesque Glouc. Saveacre Anderson that in case any Lord or other Person whose Chaplains are qualified within this Law to have two or more Livings incompatible do retain his