Selected quad for the lemma: duty_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
duty_n bind_v law_n nature_n 1,568 5 5.4669 4 true
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A71058 De sepultura by Sr. Henry Spelman, Knight. Spelman, Henry, Sir, 1564?-1641. 1641 (1641) Wing S4924; ESTC R19887 21,282 44

There is 1 snippet containing the selected quad. | View lemmatised text

Or more in effect then if a private man had granted them as much No doubt many of the wise Parishioners doe perceive it and some Parishes have renounced it and are turned back to their ancient Vestrie yet neither of them keep their bounds for the one and the other take upon them not onely to make orders in the nature of by Lawes to binde their Parishioners but to set and raise fees and duties of the Church and Church-Officers at their pleasure as appeareth by many Tables produced before us But see what they have gotten that claime their fees or duties by such Vestry Orders or unlawfull Authority for prescription will not now help them in so much as the originall of their fees appeareth to be by the Table and the Table cannot defend them for that the Authors of it had no authority to make such assessements and so consequently they can neither justifie the clayming of their fees or duties either by the one or other and the Vestry-men perhaps may bee in danger of an unlawfull Assemblie to change Lawes or to have their offence strained very high if severity should examine it Give mee leave to present to you what I finde in a Vestrie-Constitution lately made and subscribed by the Parson and Church-wardens with twenty three more of that Assembly confirmed by the Bishop approved by his Chancellour declared to bee a laudable custome of that Parish and in testimony thereof entred as a solemne Act in the principall Registry of the Lord Bishop of the Diocesse and finally ratified with the Chancellours hand and Seal of Office I may say vidi puduitque videre But heare the paroels onely touching the Parson and Church-wardens for the point in hand   ss d Whosoever will bee buryed in the Chancell shall pay to the Parson as shall bee agreed   For interring the Corps 10 0 In the Iles of the Chancell To the Church-wardens for the ground 26 8 To the Parson for interring the Corps 6 8 In the Body of the Church   ss d To the Church-wardens for the ground 20 0 To the Parson for interring the Corps 6 8 In the Church-yard   ss d ss d To the Parson for interring the Corps coffined 2 8 uncoffined 1 4 To him in like manner for every childe under seven yeeres coffined 2 8 uncoffined 1 4 All these double of every Stranger I meddle not with the Constitutions of 4. L. to the Parson for a Pew in the Chancell nor of 15. ss. 20. ss. 3. L. 3. L. 10. ss. for places and Pewes in other parts But these and many other of the like sort fall in one Certificate In another Parish I finde six shillings eight pence to the Parson for the duty of buriall in the Church when himselfe doth it not but his Curate who for his paines hath by the same Certificate ten shillings more besides other ten shillings for a Sermon though there be none But to goe a little backe to the first demand touching burying in the Chancell which is not definite in quoto but positive ex imperio that whosoever will be buried there shall pay to the Parson as shall be agreed It is to bee noted that here is no custome and consequently then whereas the Parson thinketh the advantage lyeth on his side to take what hee list hee is now excluded by all the Canons from taking any thing at all For the buckler that should defend them is the Canon Ad Apostolicam and the breadth of that extendeth no further then to protect them that fight under a Custome which also must bee pious and laudable otherwise it covereth not any And consequently whilest they stand upon termes and alledge the Chancell to bee their free hold and that they may as freely dispose it at their pleasure as Lay-men may of their lands they fall into the foule pit of Simony if they were looked after The grave is the onely inheritance that wee are certainly born to the inheritance which our Grandmother the earth hath left to descend in Gavelkinde among all her children Shall one enter and hold another out or drive him to pay a fine pro adeunda haereditate as they say in the feodall Law or pro ingressu habendo as wee in the common Law Is our tenure base like a copy-hold ad voluntatem Domini and not rather noble by francke Almoigne free from all payments and services How doe the dead rest from their labour if they bee vexed with payments How goe they to their grave in peace if they pay for their peace Laborat aere alieno qui debito tenetur and his peace is not worth thanks if hee must pay for it Hee payeth for his peace if hee payeth for the place where his peace cannot otherwise bee had Hee payeth for his rest if hee cannot enjoy it without payment Hee payeth for his Inheritance if hee cannot enter into it without a fine pro ingressu his inheritance settled upon him by the great Charter Terram dedit filiis hominum A royall gift but as it is used malè collocatum ill distributed The poore man alas hath nothing of all this for his portion but the grave and may not now have that unlesse hee pay for it Well To whom should he pay Reason answereth If to any to the owner of the soyle True But the owner of the soyle was the Founder of the Church and hee out of piety zeale and charity gave the Church freely for Prayer the Church-yard freely for Buriall absque ullo retenemento without any rent any service any reservation Nor could hee if hee would have done otherwise for the Canons would not suffer him Nor though hee were the absolute owner yet if hee had reserved but a pepper corne out of a grave it had beene not onely voyd but execrable A pepper corne what talke wee of a pepper corne no ground in the Kingdome is now sold so deare as a grave That poore little Cabinet that is not commonly above five foote long and a foote and halfe in breadth where there is no roome to stirre either hand or foote and the roofe as Saint Bernard saith lyeth so low as it toucheth the nose this silly Cabinet is sometimes in the Church-yard sold to the poorest man for sixteen pence sometimes for two shillings eight pence sometimes three shillings sometimes sixe shillings in the Church it selfe at ten shillings twenty shillings forty shillings three pound foure pound c. in the Chancell at twenty shillings forty shillings three pound foure pound five pound yea ten pound and yet the purchaser hath no assurance of it but is constrained to hold ad voluntatem Domini or as a Tenant for seven or ten yeeres within which terme hee is oftentimes cast out and another put into his roome and no Writ of Quare ejecit infra terminum lyeth for him Shall I tell what I was ashamed to heare A grave or burying place let to farme at twenty shillings