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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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the Universities c. or otherwise Lawfully Authorized or charged by reason of his or their Cure Benefice or other Spiritual Promotion or Charge in any of his or their open Sermon Preaching or Collation that he or they shall make Declare Preach or Pronounce in any Church Chapel Church-yard or in any other place or places used or appointed to be Preached in or if any Person c. do maliciously willingly or of purpose molest let disturb vex disquiet or otherwise trouble any Parson Vicar Parish Priest or Curate c. saying doing singing Ministring or Celebrating Divine Service Sacraments c. that at any time after the said Statute shall be allowed set forth or Authorized c. The Offenders herein upon Conviction before two Justices of the Peace by two sufficient Witnesses or their own Confession may be committed by the said Justices to the Gaol without Bail or mainprize for three Months and after that to the next Quarter Sessions where if upon the appearance there they Repent and be Reconciled then to be discharged of Imprisonment finding sufficient suerties for their good Behaviour for one whole year then next ensuing and if they refuse to be reconciled and repent then to be continued in the Gaol without Bail c. until they shall be reconciled and repent 1 Mar. Sess 2. cap. 3. The penalty against such as rescue disturbers of Ministers If any person shall unlawfully rescue any Offender in the premisses aforesaid or hinder the Offender or Offenders to be Arrested such rescuer or disturber is to suffer Imprisonment as aforesaid and forfeit five pounds to the Queens Majesty her Heirs and Successors and if the Town suffer such Offender to escape and be lawfully presented for it at the next Quarter-Sessions then the Town forfeits five pounds in like manner such Offenders as are punished in the Ecclesiastical Court are not to be punished by the Justices neither are such as be punished by the Justices to be troubled by the other Court 1 Mar. Sess 2. cap. 3. An Action of false Imprisonment was brought against four Justices of Peace by one who had disturbed a Preacher and adjudged it did not lye Although this Statute was made in time of Popery yet it is still in force as to the Offences before mentioned for in the 10. year of King James one Creswick brought an Action of false Imprisonment against four Justices of the Peace and they justified the Imprisonment upon this Statute and set forth that the Plaintiff disturbed one Robert Thompson a Licensed Minister and hindred his Preaching in the Church of 〈…〉 in the County of York and so they committed the Plaintiff to Prison and upon a Demurrer to this Plea it came to be argued and was strongly debated several Terms but at length in Hill Term 11 Jac. Judgment was given against the Plaintiff Creswick by all the Judges Tr. 10 Jac. Rot. 1647. B. R. Creswick against Rookby alium Bolst Rep. 2. part fo 47 48 49 50 51 52 53. The like case Also one Cross brought an Action of false Imprisonment against one Stanhop and other two Justices of Peace in the County of York and they Justified the Imprisonment by reason of this Statute 1 Mar. cap. 3. for disturbing Preachers and the Plaintiff demurred to their Plea and upon argument it was adjudged against him Hill 11. Jac. B. R. Cross and Stanhop's Case Godbolts Rep. fo 246. pl. 343. By whom the Parish Clark is to be chosen The Minister Parson or Vicar is to chuse the Parish Clark which said choise is to be signified by the Minister Vicar or Parson to the Parishioners the next Sunday following in the time of Divine Service and the Clark is to be twenty years of Age at least and of honest Conversation and sufficient for his Writing Reading and also for his competent Singing if it may be which Clark so chosen shall receive their antient wages without fraud or diminution either from the Church-Wardens at the accustomed time or by their own Collection according to the custom of the Parish Can. 91. but if the Parish have a custom contrary to this Canon then the custom is to be observed and not the Canon as appears by several Cases in Rolls Cases 2 part fo 286. All Church-Wardens Questmen By whom Church-Wardens c are to be chosen Sidemen or Assistants in every Parish are to be chosen by the joynt consent of the Minister and Parishioners if it may be but if they cannot agree then the Minister to chuse one and the Parishioners another Can. 89. 90. but where there is an antient custom in any Parish for the choise of Church-Wardens contrary to the Canon in such case the custom is to be observed for if the Parishioners of a Parish have used time out of mind to Elect one Church-Warden and the Vicar another and afterwards a Canon is made that the Vicar shall Elect two and he doth so accordingly and the Parishioners Elect one according to their Custome and the Ordinary dissallows him and establisheth the other two in this Case a Prohibition shall be granted P. 5 Jac. B. R. the Parishioners Case of Rovenden in Kent Roll's Cases 2 part f. 287. The like A Prohibition was granted against a Church-Warden chosen by the Parson of S. Magnus ●igh London-bridge by force of a Canon upon a surmise that the Parish hath a Custom to choose two Church-Wardens Tr. 7 Car. 1. B. R. between Shirly and Brown the like between Draper and Stone for Abchurch in London P. 4. Car. 1. B. R. Rot. 420. Roll's Cases 2 part f. 287. the like against a Church-Warden chosen by the Parson of Alhallows London P. 17 Jac. B. R. Warner's Case and P. 5 Jac. the Parishioners of Walbrook's Case in London Cro. Jac. f. 532. the like against a Church-Warden chosen by the Parson of S. Thomas in London Tr. 15 Car. B. R. Evelyn's Case Cro. Car. f. 551. and Jo. Rep. f. 453. the same Case and see also the Case of the Parishioners of Ethelborough in London Mar. Rep. p. 22. pl. 50. and pa. 67. pl. 104. The right of the Church and Church-yard are in the Parson The Parson hath the right of the Church and Church yard in him and if the Walls Windows or Doors of the Church be broken down or the Trees in the Church-yard be cut down or the Grass thereof be eaten up the Parson or Vicar and not the Church-Wardens shall have an action for it Quare vi armis domum clausum fregit c. 8 H. 6. f. 9. but for Ornaments in the Church or Bells in the Steeple or a seat in the Church taken away the Parson here shall not have the action for such things but the Church-Wardens must sue for them and if the Coat of Armour or Scutchions or Pendants of Arms that are hung in the Church or Chancel in Honour of the party buried or the Grave Stone laid over