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A52023 The parson's vade mecum containing choice observations about the accounts of the year, ecclesiastical censures, of the primitive fathers and their writings, a catalogue of the arch-bishops, bishops and deans in England and Wales, their election, consecration, instalment, with the clergies tenths, and their valuation in the King's book ... R. M. 1693 (1693) Wing M73; ESTC R5583 28,330 126

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by Lapse a Clerk of his own choosing This is called in Law a Collation and if the Bishop shall not Collate within six Months then the Archbishop shall Collate his Clerk and if the Archbishop do not Collate within six Months then the King shall Present The six Months shall be accounted according to the Calendar and not according to 28 days to the Month. If the Church become void by Death of the incumbent the six Months shall be accounted from the time of his Death So it is if the Church become void by Creation i. e. by making the present incumbent there of a Bishop but if the Church become void by Resignation which Resignation must be made to the Bishop or by Deprivation then the Bishop must give notice of such Resignation or Deprivation and the six Months shall be accounted from the time of such notice If the King be Patron and doth not present his Clerk to the Church within six Months there the Ordinary ought not de jure to Collate in regard of the said Lapse he ought only to Sequest the Profits of the Church till the King will Present A common Person cannot revoke repeal or vary from his first Presentation because he hath put it out of himself and he hath given the Bishop power to perfect what he himself began yet before Induction the King may revoke his Presentment Before the Clerk is admitted and instituted he ought to be examined by the Bishop If once the Bishop refuseth a Man for insufficiency he cannot afterwards accept of him The Clerk is not bound to shew his Letters of Orders or Letters Testimonial to the Bishop upon his Examination Trin. 43. Eliz. B. R. Palms and the Bishop of Peterborough's case If the Bishop find the Clerk able he admits him in these words Admitto te habilem And afterwards he doth institute him unto the benefice or Church thus Instituo te rectorem Ecclaesie parochialis de D habere curam animarum accipe curam tuam meam The Bishop may examin admit and institute a man cut of his own Diocess In all cases if a Church Lapse to the Bishop or Archbishop and the Pation presents his Clerk before the Bishop or Archbishop have collated the Bishop is bound to admit the Clerk of the true Patron and cannot take advantage of the Lapse A Clerk must subscribe to three Articles 1. To the Supremacy 2. That the book of Common prayer and of ordering Bishops Preists and Deacons contains nothing in it contrary to the word of God 3. That he alloweth of the 39 Articles of Religion and acknowledgeth them to be agreeable to the word of God The Delinquent against the Canons of King James made at a Convocation in London Anno Dom. 1003. is to be preceeded withal by the censures of the Church Cheif Justice Wr●y Pasch 23. Eliz. reports that whereas one Smith subscribed the 39 Articles with this addition so far forth as the same were agreeable to the word of God that this was not according to the Stat. 13. Eliz. Induction is usually done by the Archdeacon It is the putting the Clerk in Possession of the Church Glebelands Tyths c. by the institution he is admitted ad Officium by induction he is intitled ad beneficium No man is capable to be a Parson Vicar c. before he is a Priest in Orders which cannot be before he is four and twenty years of 〈◊〉 By the Stat. 14. Car. 2. Cap. 4. he must make a Subscription according to the said Act and have a Certificate from the Bishop that he hath so done Within 2 Months after he is inducted he must during Divine Service read the 39 Articles in the Parish Church and declare his unfeigned assent and consent to all that is therein contained positively He must within 2 Months after he is inducted upon some Sunday read the book of Common Prayer i. e. the whole Service of the Church appointed for that day and likewise declare his assent and consent to all the matters and things therein contained in these words J. A. B. Do declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book intituled the Book of Common Prayer and administration of the Sacraments and other rites and ceremonies of the Church according to the use of the Church of England together w●th the Psalter or Psalms of David pointed as they are to be sung or said in the Churches and the form or manner of making ordaining and Consecrating of Bishops Preists and Deacons He must likewise within 3 Months after his Institution upon some Lord's day during Divine Service publickly read his Certificate from the Bishop of his Subscription to the Declaration following and he must at the same time read the Declaration it self in the Church where he is to Officiate before the Congregation there assembled The Declaration follows I A. B. declare that it is not Lawful 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 these that are Commissi●nated by him and that I will conform to the Liturgy of the Church of England as it is now Established The clause about the solemn League and Covenant is now expired Observe That the Parson Vicar c. must upon the accoptance of every new Living or Ecclesiastical Preferment within this Law repeat all these things Let him have some credible Witnesses present when he makes his Subscription before the Bishop and that they attest the Bishop's Certificate and that they get two books of Articles and when they read them that he gives one of them to some Parishioners to read with him and attest the same that they were present and heard the Clerk read the 39 Articles during the time of Common Prayer and declare his unfeigned assent and Consent to all the matters and things therein contained by subscribing their names thereunto When he reads the Book of Common Prayer let some intelligent Parishoners read with him and give them a copy of the Declaration aforesaid and let them attest under their hands his reading of the Common Prayer and Declaration whith may be done in this Form In a fair legible hand write the Declaration aforesaid Then write under Memorandum That upon Sunday the in the year of our Lord _____ A. B. Parson of D. in the County of D. read common Prayers in the said Parish Church of D. both in the forenoon and afternoon of the same day according to the form and order prescribed and directed by the book entituled the book of Common Prayer and Administration of the Sacraments and other rights and ceremonies of the Church according to the use of the Church of England c. and immediately after reading the same made a declaration of his unfeigned assent and consent to all the matters and things therein contained in the form and words above written And let the Witnesses subscribe the same Certificate and let these things be carefully kept CHAP. VII Of Marriages Times Prohibiting
Marriage MArriage comes in on the 13th day of January and at Septuagessima Sunday it is out again until Low Sunday for we must fast from flesh in clear Lent at which time it comes in again and goes not cut again till Rogation Sunday For Rogamen Vetitat From whence it is forbidden again till Trinity Sunday from whence it is not fordidden till Advent Sunday But then it goes out and comes not in again till the 13●h day of January next following notwithstanding all this I would venture to Marry a prudent comly and rich Woman at any time Affinity and Consanguinity forbidding Marriage A Man may not Marry his Grandmother Grandfathers Wife Wives Grandmother Fathers Sister Mothers Sister Fathers Brothers Wife Mothers Brothers Wife Wives Fathers Sister Wives Mothers Sister Mother Stepmother Wives Mother Daughter Wives Daughter Sons Wife A Woman may not Marry her Grandfather Grandmothers Husband Husbands Grandfather Fathers Brother Mothers Brother Fathers Sisters Husband Mothers Sisters Husband Husbands Fathers Brother Husbands Mothers Brother Father Stepfather Husbands Father Son Husbands Son Daughters Husband A Man may not Marry his Sister Wives Sister Brothers Wife Sons Daughter Daughters Daughter Sons Sons Wife Daughters Sons Wife Wives Sons Daughter Wives Daughters Daughter Brothers Daughter Sisters Daughter Brothers Sons Wife Sisters Sons Wife Wives Brothers Daughter Wives Sisters Daughter A Woman may not Marry her Brother Husbands Brother Sisters Husband Sons Son Daughters Son Sons Daughters Husband Daughters Daughters Husband Husbands Sons Son Husbands Daughters Son Brothers Son Sisters Son Brothers Daughters Husband Sisters Daughters Husband Husbands Brothers Son Husbands Sisters Son He that would see more of this let him peruse Lord Chief Justice Vaughans reports in Dr. Harrisons Case where he shall meet with excellent and curious Learning on this Subject CHAP. VIII Of Non-residence BY Stat. 21. Hen. 8. cap. 13. every Archdeacon Dean Parson and Vicar must be personally resident and abiding in at or upon his said Dignity or Benefice or one of them at the least and upon wilful absence by the space of one Month at a time or two Months at several times in any one year to forfeit 10 l. The Stat. intends he should be Resident in and upon his Parsonage or Vicaridg-house Imprisonment excuseth the Parson c. Removal for healths sake excuseth He that is Resident in the University and under forty years of age to do Exercises there is excused Being in the King's Service beyond Sea excuseth A Chaplain qualified is excused The King may give License to any of his own Chaplains to be Non-resident Arch bishops Bishops Lords Household Chaplains are excused Vid. Stat. 13 Eliz. c. 20. 14 Eliz. cap. 11. CHAP. IX Of Dispensations and Pluralities A Dispensation granted by the Archbish and confirmed by the King 's Letters Patents as it must be Retinere beneficium cum cura animarum is good only to such a person who is full and perfect incumbent of the Church at the time of the Dispensation to him by Stat. 21. Hen. 8. cap. 13. The King Queen and Prince and other the King's Children may retain as many Chaplains as they please and every of their Chaplains may purchase a Dispensation for two Parsonages or Benefices with cure of Souls or may hold as many of the King's Gift as they can get Every Archbishop and Duke may have six Chaplains and every one may have two Parsonages Every Marquiss and Earl may have five Chaplains and every one may have two Benefices Every Viscount and Bishop may have four Chaplains and every one may keep two Benefices The Lord Chancellor every Barron and Knight of the Garter may have three Chaplains Every Dutchess Countess and Barroness being Widows may have two Chaplains The Treasurer of the King's House and Comptroler the King's Secretary Dean of the Chappel and Master of the Rolls may every of them have two Chaplains and the Chief Justice of the King's Bench one Chaplain All Doctors and Batchelors of Divinity not admitted by Grace only may keep two Benefices No Deanery Archdeaconry or Prebend is within this Act of Pluralities If any incumbent be Resident upon his Living and keep a Curate he is bound by the Act of Vniformity once every Month at least to read the Common Prayers in his Parish Church or he forseits 5 l. for every time he fails therein CHAP. X. Causes of Deprivation CAuses of Deprivation in the Spiritual Court all which are allowed by the Common Law are Conscientia Criminis Debilitas Corporis Irregularitaes Personae Defectus Scientiae Grave Scandulun Heresie Schisme c. If the Clerk be convict of Perjury in the Spiritual Court it 's a good cause of Deprivation but the Ordinary must give notice to the Patron of this Deprivation If the Patron Present a meer Lay-man the same is a good cause of Deprivation if he be instituted and inducted but he must be deprived by sentence in the Spiritual Court If a Judgment of Deprivation be against a Parson if he make his Appeal the Church is not void but he remains Parson during the time of the Appeal and if he do reverse the Judgment there needs no new Institution and induction Hornogal●'s Case Disobedience to the Ordinary Incontinency and Drunkeness are good causes of Deprivation he must be a common Drunkard He that comes in by Simony may be deprived To maintain any Doctrine against the 39 Articles of Religion and persist therein is cause of Deprivation Nonconformity is a good cause of Deprivation Taking a second Benefice contrary to the Stat. 21 H. 8. cap. 13. without a Dispensation is a just cause of Deprivation Observe avoidances by Act of Parliament need no sentence declaratory By Stat. 13 Eliz. cap. 12. He that doth not subscribe unto the Articles nor read the Articles of Religion shall be deprived ipso facto But the Ordinary must give notice thereof to the Patron CHAP. XI Of Dilapidations A Dilapidation is the pulling down or destroying any of the Houses or Buildings belonging to a Spiritual Living or the Chancel or suffering them to run into ruin or decay or wasting and destroying the woods of the Church Suits for Dilapidations are most properly to be sued in the Spiritual Courts But a special Action upon the case lies against the Dilapidator his Executors or Administrators at Common Law and all the Money and Damage that shall be recovered for Dilapidations are to be expended and laid out in and about the Repairs As to the Bishop and Parson 's granting Leases in such cases besure to consult some able Councell●r CHAP. XII The Priviledges of Clergy-men THey are not compelled to serve in any temporal Office as Constable Overseer c. They may not be arrested in the Church or Church yard when they are attendant on Divine Service The bodies of Clergy-men cannot be arrested upon any