Selected quad for the lemma: opinion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
opinion_n	action_n	case_n	judgement_n	767	5	5.9327	4	true

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

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

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