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land_n	case_n	lease_n	rent_n	2,101	5	9.6869	5	true

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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

Clocam cum Capella 3. Vnum Ciphum cum coopertorio 4. Vnum Pelvem cum Lavatorio sive Aquar ' 5. Vnum Anulum Aureum 6. Necnon Mutum Canum quae ad Dominum Regem ratione Prerogativae suae spectant pertinent inter Communia H. 2. E. 2. in Scaccar post mortem Episc Bath Well Tr. 36. E. 3. Ibidem post mortem Episc Cirences H. 5. E. 4. Ibidem Rot. 47. post mortem Archiep. Ebor. Co. Inst 2. part f. 491. For this duty there is a special Writ A Writ lyes for these things after every Bishops death see the form thereof Co. Inst 4. part f. 338. that issueth out of the Exchequer after the Decease of the Bishop for answering of the same and in the Records this is called Multa Episcopi or Multura Episcopi derived à Mulcta for that it was a Fine or Final satisfaction given to the King that they might have power to make their Last Wills and Testaments and to have the probate of other Mens Testaments and granting Administrations for it is true where it is said Nullam habebant Episcopi Authoritatem praeter eam à Rege acceptam referebant Jus Testamenta probandi non habebant Administrationis potestatem cuiquam delegare non poterant nec ipsi quidem Testamenta facere de Jure Communi dum id illis regnante Henrico Tertio Concessum erat Confirmatum vivente Edw. 1. Rot. Claus 7 H. 3. M. 16. Rot. Parl. 36. H. 3. M. 1. And Linwood saith Beneficiatus non potest testari de communi Jure sed de Consuetudine Angliae And he saith also that Probate of Testaments de Consuetudine Angliae non de Jure Communi belong to Court Christian Lin. cap. de Foro compet f. 7. Lib. 7. f. 44. vide Britton f. 11. b. Bract. Lib. 5. f. 403. c. Fleta Lib. 2. cap. 53. Lib. 6. cap. 36. Co. Inst 2. part f. 488. 491. but this seems to be a Digression from our intended purpose but I hope the Reverend Clergy-man will Pardon it vide Co. Inst 4. part f. 338. Prohibition where a Mortuary is demanded when grantable The Bishop of Chester in the Consistory Court of Chester before the Commissary there Sued for a Mortuary after the Death of William Hinde a Priest of the said Diocess Surmising that by Custom there he ought to have for a Mortuary after the Death of every Priest dying within the said Arch-deaconry of Chester the best Horse or Mare his Saddle Bridle and Spurs his best Gown or Cloak his best Hat his best upper Garment under his Gown his Tippet his best Signet or Ring as to the Bishop de debit ' consuetud fore supponitur c. upon this the Defendant obtained a Prohibition averring that there is no such Custom and that she had paid a Mortuary to the Parson of Bumberry and in this Case it was moved for a Consultation and the Suit being for a Mortuary the Court was divided in opinion but it appearing that the Bishop had Sued after the Prohibition which was a Contempt and ought to be answered it was thereupon appointed that he should Plead or Demur And then the Court would give Judgment upon the Record before them M. 7. Car. 1. B. R. Margaret Hinds Case and the Bishop of Chester Cro. Car. f. 237. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons FOrmerly by the Common Law Bishops What Estates Bi●hops c. might have made by the CommonLaw with the Confirmation of the Dean and Chapter Master and Fellows of any Colleges Deans and Chapters Masters or Guardians of Hospitals and their Brethren Parsons and Vicars with Consent of the Patron and Ordinary Arch-deacon Prebend or any other Body Politick Spiritual and Ecclesiastical Concurrentibus his quae in Jure requiruntur might have made Leases for Lives or Years without Limitation or Stint And so might they have made Gifts in Tail or Estates in Fee at their own Will and Pleasure whereupon not only great decay of Divine Service but Dilapidations and other Inconveniences ensued but now the Law is altered in these Cases by the Statutes of the 32 H. 8. 1 Eliz. 18. Eliz. 13. Eliz. 1. Jac. of which Statutes one is enabling and the rest disabling Co. Lit. f. 44. a. I shall first begin with a Recital of Leases in Writing by certain Persons of what force c. the Statutes then give you the Book Cases thereupon By the Stat. 32. H. 8. All Leases to be made of any Mannors Lands Tenements or Hereditaments by Writing endented under Hand and Seal for Term of years or for Term of Life by any Person or Persons being of full Age of One and twenty years having any Estate of Inheritance either in Fee-Simple or in Fee-Tail in their own Right or in the Right of their Churches or Wives c. shall be good and effectual in the Law against the Lessors their Wives Heirs and Successors and every of them according to such Estate as is Comprised and Specified in every such Indenture of Lease in like manner and form as the same should have been if the Lessors thereof and every of them at the time of making such Leases had been Law●ully seized of the same Lands Tenements and Hereditaments comprised ●n such Indenture of a good perfect ●nd pure Estate in Fee-Simple there●f to their own only uses 32 H. 8. ●●p 28. Provided that this Act shall not extend to any Leases to be made of any Old Leases to be Surrendred c. Mannors Lands c. being in the hands of any Farmer or Farmers by virtue of an Old Lease unless the same Old Lease be expired surrendered or ended within one year next after the making of the said new Lease nor shall extend to any Grant to be made of any Reversion of any Mannor Lands c. nor to any Lease of any Mannors Lands c. which have not most commonly been letten to Farme or occupied by the Farmers thereof by the space of Twenty years next before such Leases thereof made nor to any Lease to be made without Impeachment of Wast nor to any Lease to be made above the number of One and twenty years or Three Lives ●● the most from the day of the making thereof And that upon every suc● Lease there be reserved yearly duri●● the same Lease due and payable ●● the Lessors their Heirs and Successo● to whom the same Lands should ha●● come after the death of the Lessors if no such Lease had been there made and to whom the Revers● thereof shall appertain according their Estates and Interests so much yearly Farm or Rent or more as hath been most accustomably yielded and paid for the same within Twenty years next before such Lease thereof made And that every such Person and Persons to whom the Reversion of such Mannors Lands c. so to be letten shall appertain as aforesaid

the 18 Eliz. all Leases to be made by any Ecclesiastical Spiritual or Collegiate Persons above mentioned of any of their said Ecclesiastical Spiritual or Collegiate Lands Tenements or Hereditaments whereof any former Lease for Years is in being not to be expired surrendred or ended within three Years next after the making of any such new Lease shall be void frustrate and of none effect And all and every Bond and Covenant whatsoever to be made for renewing or making of any Lease or Leases contrary to the true meaning of this Act or of the Act made 13 Eliz. cap. 10. shall be utterly void any Law Statute Ordinance or other thing whatsoever to the contrary in any wise notwithstanding 18 Eliz. cap. 11. Sequestration when to be granted And where an Incumbent offends against 13 El. 20. in letting his Benefice c. after complaint made to the Ordinary and Sentence given of any Offence whereby he shall or ought to lose one Years profit of his Benefice the Ordinary within two Months after such Sentence given and Request to him made by the Church-Wardens of the said Parish or one of them shall grant the Sequestration of such profits to such Inhabitant or Inhabitants within the Parish where such Benefice shall be as to him shall seem meet and convenient and upon default therein by the Ordinary that it may and shall be Lawfull to every Parishioner where the Benefice is to retain and keep his or their Tythes and likewise for the Church-Wardens of the said Parish to enter and take the profits of the Glebe Land and other Rents and Duties or every such Benefice to be imployed to the use of the Poor as aforesaid until such time as Sequestration shall be committed by the Ordinary and then as well the Church-Wardens as Parishioners to yield Accompt of and make payment to him or them to whom such Sequestration shall be committed and that he or they to whom it shall be committed shall justly and truly imploy and bestow the said profits or the true and just value thereof without Fraud or Guile to such uses as by the said Statute is limited and appointed upon pein of forfeiture of double the value of such with-holden profits to be recovered in the Ecclesiastical Court by the Poor of the Parish 18 Eliz. cap. 11. vide H. 43 Eliz. C. B. Jackson's Case Goldess Rep. pa. 154. pl. 82. Judges to take notice of general Laws And note that it hath been Resolved that the stat 13 Eliz. cap. 20. 18 Eliz. cap. 11 concerning Leases made by Deans and Chapters Colleges c. are general Laws of which the Court is to take notice although they be not found by the Jurors and so it was Resolved between Claypool and Carter in a Writ of Error in the King's Bench as my Lord Cook cites it in his Rep. 4 Lib. f. 120. b. Nine Rules to be observed in Ecclesiastical Persons Leases c. Having taken the Heads of the Statutes which have been made concerning Ecclesiastical Persons Leases let us now see what our Law Books say concerning the same and first observe that whereas before the making of the Statute of the 32 H. 8. cap. 18. no Archbishop Bishop Archdeacon Dean or Prebend could have made any Lease to have bound his Successors without the Confirmation and Consent of their Chapters c. now by this Act they are enabled to make Leases for three Lives or 21 Years to bind their Successors without any Confirmation at all observing these Nine Rules following in their said Leases Rule 1 First The Lease must be made by Deed Indented and not by Deed Poll or by Paroll Co. Lit. f. 44. a. Rule 2 Secondly It must be made to begin from the day of the making thereof or from the making thereof Co. Lit. f. 44. a. Co. Rep. 5 Lib. f. 6. a. Rule 3 Thirdly If there be an Old Lease in being it must be surrendred expired or ended within a Year of the making of the New Lease and the surrender must be absolute and not conditional Co. Lit. f. 44. Rule 4 Fourthly There must not be a double Lease in being at one time as if a Lease for Years be made according to the Statute he in the Reversion cannot expulse the Lessee and make a Lease for Live or Lives according to the Statute nor è converso for the words of the Statute be to make a Lease for three Lives or 21 Years so as one or the other may be made but not both Co. Lit. f. 44. b Tr. 30. Eliz. B. R. Elmer and Gale's Case M. Rep. f. 253. pl. 400. Co. Rep. 5. Lib. f. 2. a. Rule 5 Fifthly it must not exceed Three Lives or one and twenty years from the making of it but it may be for a less Term or fewer years Co. Lit. f. 44. b. Co. Rep. 5. Lib. f. 2. b. Rule 6 Sixthly It must be of Lands Tenements or Hereditaments Manurable or Corporal which are necessary to be Letten and whereof a Rent by Law may be reserved and not of things that lye in Grant as Advowsons Faires Markets Franchises and the like whereof a Rent cannot be reserved Co. Lit. f. 44. b. 144. a. Vaugh. Rep. f. 203 204. Tr. 30. Eliz. B. R. Jewell's Case Co. Rep. 5. Lib. f. 3. a. vide 10 H. 6. 2. Rule 7 Seventhly It must be of Lands and Tenements most commonly Letten to Farm or occupied by the Farmers thereof by the space of Twenty years next before the Lease made but so as it be but Letten for Eleven years at one or several times within those Twenty years it is sufficient A Grant by Copy of Court Roll in Fee for Life or years is a sufficient Letting to Farm within this Statute for he is but a Tenant at Will according to that Custom and so it is of a Lease at Will by the Common Law but these Lettings to Farm must be made by some Seized of an Estate of Inheritance Co. Lit. f. 44. b. Tr. 3. Jac. B. R. Dean and Chapter of Worcester's Case Co. Rep. 6. Lib. f. 37. a. Rule 8 Eighthly Upon every such Lease there must be reserved yearly during the same Lease due and payable to the Lessors their Heirs and Successors c. so much yearly Rent or more as hath been most accustomably yielded or paid for the Lands c. within Twenty years next before such Lease made hereby first it appears that nothing can be demised as hath been said before by Authority of this Act but that whereout a Rent may be lawfully reserved Secondly that where not only a yearly Rent was reserved formerly but things not Annual as Herriots or any Fine or other Profit at or upon the death of the Farmer yet if the Yearly Rent be reserved upon a Lease made by force of this Statute it is sufficient by the express words of the Act. Thirdly if he reserve more than the accustomable Rent it is good

also by the express Letter of the Act but if Twenty Acres of Land have been accustomably Letten and a Lease is made of those Twenty and of one Acre which was not accustomably Letten reserving the accustomable Yearly Rent● and so much more as exceeds the value of the other Acre this Lease is not warranted by the Act for that the accustomable Rent is not reserved seeing part was not accustomably Letten and the Rent Issueth out of the whole Fourthly if the accustomable Rent had been payable at Four days or Feasts of the Year yet if it be reserved yearly payable at one Feast it is sufficient for the words of the Statute be reserved Yearly Co. Lit. f. 44. b. vide M. Rep. f. 199. Co. Rep. 6. Lib. f. 37 38. Rule 9 Ninthly The Lease must not be to hold without Impeachment of Wast therefore if a Lease be made for Life the remainder for Life c. this is not warranted by the Statute because it is dispunishable of Wast but if a Lease be made to one during Three Lives this is good for the Occupant if any happen shall be punished for Wast the words of the Statute be seized in the Right of his Church yet a Bishop that is seised in Jure Episcopatus a Dean of his sole possessions in Jure Deconatus an Arch-deacon in Jure Archidiacona●us a Prebend and the like are within the Statute for every of them generally is seised in Jure Ecclesiae Co. Lit. f. 44. a. b. Leases made by Parsons and Vicars to be Confirmed by Patron and Ordinary Note that Parsons and Vicars are excepted out of the Statute of the 32 H. 8. and therefore if they make a Lease for Three Lives or one and twenty years of Lands accustomably Letten reserving the accustomable Rent such Lease must be Confirmed by the Patron and Ordinary because it is excepted out of the Statute aforesaid and not restrained by the Statutes of the 1 or 13 of Eliz. Co. Lit. f. 44. b. 3 E. 6. 1. Mar. Bro. 62. Tit. Leases Prebends may make Leases as Bishops may do But a Prebend is not excepted therefore he may make Leases as Bishops may do by the said Statute vide M. 36 37 Eliz. B. R. Watkinson and Man's Case Cro. Eliz. f. 350. pl. 27. Tr. 31 Eliz. C. B. Acton and Pitcher's Case Leon. Rep. 4. part f. 51. pl. 132. And whereas in the 1 Eliz. being Leaes to be all made according to the Pattern in 32 H. 8. one of the disabling Statutes the words of the Restraint are other than for the Term of one and twenty years or Three Lives from such time as any such Grant or Assurance shall be given whereupon the Old and accustomed Yearly Rent or more shall be reserved and to that effect is the Exception in the 13 of Eliz. yet it is to be understood that neither of these disabling Statutes nor any other do in any sort alter or change the enabling Statute of the 32 H. 8. but leaveth it for a Pattern in many things for Leases to be made by others and no Lease made according to the Exception of the 1 and 13 Eliz. and not warranted by the 32 H. 8. if it be made by a Bishop or any Sole Corporation but it must be Confirmed by the Dean and Chapters or others that have Interest and such Leases for years to be made according to the Exceptions of the 1 or 13 Eliz. must have also the Nine qualities required by the 32 H. 8. before mentioned Concurrent Leases only excepted although the Statutes of the 1 and 13 Eliz. do not direct them to be so only the Leases made by force of the 32 H. 8. must begin from the day of the making and the Leases made within the Exception of the other Statutes from the making so note the difference of the Penning of the said Statutes Co. Lit. 44. b. 45. a. Bridg. Rep. f. 30. Co. Rep. 10. Lib. f. 60. b. Bishops may ma●e Co●current Leases If a Bishop make a Lease for one and twenty years and all these years are run out save Three or more yet may the Bishop make a new Lease to another for one and twenty years to begin from the making according to the Exception of the Statute and this Concurrent Lease being Confirmed by the Dean and Chapter shall be good to bind his Successors within the Exception of the 1 Eliz. in the Case of Bishops as also upon the 13 Eliz. which extends to Spiritual and Ecclesiastical Corporations agregate of many as Deans and Chapters c. vide Tr. 21 Eliz. Fox and Collyer's Case M. Rep. f. 197. pl. 251. Ander Rep. 1. part f. 65. pl. 140. M. 22 23. Eliz. Scot and Nicholas against Brewster and Stubbing Cited in Moor and see Leon. Rep. 1. part f. 148. Note that Bishops are not conceived Bishops not c●mprehend ed within the 18 Eliz. to be comprehended within the Proviso of the Restraining Act of the 18 Eliz. 11. for though the words are general enough yet the particulars mentioned before the general words being of an inferiour Ranck the general words cannot draw in the more worthy Godb. Rep. f. 395. and Goldes Rep. pa. 171. pl. 102. And although Deans Prebendaries Heads of Colleges Masters of Hospitals and other Ecclesiastical Persons c. may also make Concurrent Leases as Bishops may with Confirmation yet they must observe it must be within Three years of the determination of the former Term by Expiration Surrender or otherwise so that in this Case the Bishops have the Advantage but note that a Bishop cannot make a Concurrent Lease for Lives if there be a Lease for years in Esse to bind his Successors though the Tennant do Attorne and such Lease is also Confirmed by the Dean and Chapter nor can he make a Concurrent Lease for years if a Lease for Lives be in Esse Co. Lit. f. 45. a. Tr. 30. Eliz. C. B. Rot. 803. Marler and Wright and Green's Case Cro. Eliz. f. 141. pl. 3 Tr. 29 Eliz. Rot. 903. B. R. Elmer and Gale's Case Co. Rep. 5 Lib. f. 2. a. M. Rep. f. 253. pl. 400. and see Brow Rep. 2 part f. 134. P. 29 Eliz. B. R. Bunny and Wright and Stafford's Case Leon. Rep. 1 part f. 59. pl. 77. f. 148. Several concurrent Leases that which is firmed to be preferred And where a Bishop makes several Concurrent Leases and the last is first confirmed and then the first is confirmed in this Case the first Lease shall be preferred because nothing passeth by the Confirmation in point of Interest but a meer consent to make it perdurable and effectual and of this Opinion was Dyer Weston and Carus Justices being asked their Opinions by Bendlows Tr. 6 Eliz. M. Rep. f. 66. pl. 180. Where a Bishop hath two Chapters both must confirm If a Bishop hath two Chapters they ought both to confirm or else it

without Fraud or Covin in any of the said Honourable House holds nor to the Master of the Rolls or Dean of the Arches nor to any Chancellor or Commissary of any Archbishop or Bishop nor to as many of the Twelve Masters in Chancery and Twelve Advocates of the Arches as be spiritual Men during so long time as they shall continue and occupy their said Rooms and Offices nor to any such Spiritual Persons as shall happen by Injunction of the Lord Chancellor or the King's Council to be bound to any dayly appearance and attendance to answer the Law during the time of such Injunction 21 H. 8. cap. 13. There is also another Proviso that it The King may Licence non residence shall be Lawfull for every Spiritual Person or Persons being Chaplains to the King to whom he shall please to give any Benefices or Promotions Spiritual to what number soever it be to accept and take the same without the danger of the said Statute and further that it shall be Lawfull for the King to give Licence to every of his own Chaplains for non residence upon their Benefices notwithstanding the said Act 21 H. 8. cap. 13. Who may be non resident And by the 25 H. 8. it is enacted that every Judge of the Courts of King's Bench and Common Pleas Chancellor and Chief Baron of the Exchequer the King 's General Attorney and Geneneral Solliciter may retain and have singularly to every of them in his House or attending on his Person one Chaplain having one Benefice with cure of Souls which may be absent from his said Benefice and not resident upon the same 25 H. 8. cap. 16. And the residence of every Bishop's Suffragan over the Diocess where he shall have Commission shall serve him for his residence as sufficiently as if he were resident upon any other his Benefice 26 H. 8. cap. 14. The Chancellor of the Dutchy of Who may be non resident Lancaster the Chancellor of the Court of Augmentations the Chancellor of the Court of first Fruits and Tenths the Master of the Wards and Liveries and every of the King 's General Surveyors of his Lands the Treasurer of his Chamber the Treasurer of the Court of Augmentations and the Groom of the Stool and every of them may retain in his House or attendant unto his Person one Chaplain having one Benefice with cure of Souls who may be non resident provided that every of the said Chaplains being Beneficed as aforesaid and dwelling with any of the Officers aforenamed do Personally repair two times in every Year at the least to his said Benefice and there tarry and abide by the space of eight days at every such time at the least to visit and instruct his said cure upon pein to forfeit for every time so failing forty shillings one Moiety to the King and the other to such as will sue for the same in any of the King's Courts of Record 33 H. 8. cap. 28. Schollars in the Vniversities when excusable for non residence Note that the clause in the 21 H. 8. cap. 13. which saith that the Penalty for non residence shall not extend to any Schollar or Schollars being Conversant and abideing for study without Fraud or Covin at the Universities is restrained and made more strict by the 28 H. 8. for there it is enacted that all and singular Spiritual Person and Persons which shall be promoted to any Benefice or Benefices as aforesaid being above the Age of forty Years the Chancellor Vice Chancellor Commissary of the said Universities or any of them Wardens Deans Provosts Presidents Rectors Masters Principals and other head Rulers of Colleges Halls and other Houses or Places Corporate within the said Universities or any of them Doctors of the Chair Readers of Divinity in the common Schools of Divinity in any of the said Universities only excepted shall be resident and abideing at and upon one of their said Benefices according to the intent and true meaning of the said former Act upon the pein and Penalty therein contained And ●hat none of the said Beneficed Persons being above the Age aforesaid except before excepted shall be excused of ●heir non residence for that they be students or resiant within the said Universities or any of them any Proviso in the former Act to the contrary notwithstanding 28 H. 8. cap. 13. What Students excusable for non residence And it is further enacted that all and singular such Beneficed Persons being under the Age of forty Years Resiant and abiding in the said Universities or any of them shall not enjoy the Privilege and Liberty of non residence contained in the Proviso of the former Act made for the Schollars of the said Universities unless he or they be present at the Ordinary Lectures as well at home in their Houses as in the common School or Schools and there in Person keep Sophemes Problemes Disputations and other exercise of learning and be Opponent and Respondent in the same according to the Ordinances and Statutes of either of the said Universities where he or th●● shall be so abiding and resiant an● thing in the former Act notwithstanding 28 H. 8. cap. 13. And by the said Statute it is furthe● Readers of publick Lectures c. excusable provided that nothing therein contained shall extend to any Person ●● Persons who shall be Readers of a●● publick or common Lecture in Di●●nity Law Civil Physick Philosophy Humanity or of any of the Liberal Sciences or publick or common Interpreters or Teachers of the Hebrew Tongue Caldee or Greek in whatsoever College or Place of any of the said Universities the said Persons for the time being shall reade the said common or publick Lectures nor to any Person or Persons above the Age of forty Years which shall resort to any of the said Universities to proceed Doctors in Divinity Law Civil or Physick for the time of their proceedings and Executing of such Sermons Disputations of Lectures which they be bound by the Statutes of the Universities there to doe for the said degrees so obtained 28 H. 8. cap. 13. Non residence 〈◊〉 is And now having shewed what the Statute Law saith concerning non residence I shall proceed to shew what the Judges Opinions have been in such Cases concerning the same as I find in our modern reports In an Information upon the Statute for non residence upon not guilty pleaded a special Verdict was found that the Defendant was Parson of Downham in Norfolk and had a Parsonage House and Glebe Land within the Parish but he Inhabited not therein but in a Coppy-hold Tenement which he had in the right of his Wife in the said Parish and alwaies served the cure and whether this were a non residence or no within the Statute was the Question And Gawdy and Popham Justices held it was not a residence within the Statute which was made for three causes first that the cure should be served