containeth any thing in it that is Repugnant to the word of God or that they who are so made are not Lawfully made and Ordained they are to be Excommunicated ipso facto and not to be restored till they Repent and Publickly Revoke such wicked Errors Gan. 8. Also if any affirm that the King's The Penalty of such as Impugne the King's Supremacy c. Majesty hath not the same Authority in Causes Ecclesiastical that the godly Kings had amongst the Jews Or Impeach in any part his Regal Supremacy Or affirm that the Church of England by Law established under the King's Majesty is not a true and an Apostolical Church Or that the Form of God's Worship contained in the Book of Common-Prayer and Administration of Sacraments is Corrupt Superstitious and Unlawfull Or that any of the 39 Articles of Religion made in the Year 1562. are in any part Superstitious or Erronious Or that the Rites and Cerimonies established in the Church of England are wicked Antichristian or Superstitious Or that the Government of the Church of England under his Majesty by Archbishops Bishops Deans Archdeacons and the rest that bear Office in the same is Antichristian or Repugnant to the word of God they are also ipso facto to be Excommunicate and not to be restored till they Repent and Publickly a revoke such wicked Errors Can. 2 3 4 5 6 7. And if any affirm that such Ministers The punishment of such as affirm that such Ministers as refuse to subscribe to the form of God's Worship in the Church of England may take unto the Name of another Church c. as refuse to subscribe to the form of God's Worship in the Church of Engl. and their Adherents may take unto them the Name of another Church not established by Law or that they a long time groaned under the burthen of certain grievances imposed on them Or that there are other Assemblies of the King's Subjects within the Realm other then such as by the Laws of this Kingdom are held and allowed to be such who may rightly challenge to them selves the Name of true and Lawfull Churches Or that it is Lawfull for any Ministers or People to joyn together and make Constitutions in Causes Ecclesiastical without the King's Authority They are to suffer the like pain of Excommunication and not to be restored till Repentance and Publick Revocation of their Errors Can. 10 11 12. The punishment of these which affirm that the Sacred Synode of the Nation assembled by the King's Authority is not the 〈◊〉 Church by Representation Likewise if any affirm that the sacred Synode of the Nation assembled in the Name of Christ and by Authority of the King is not the true Church of England by Representation Or that none are bound by the Decrees of such Synode that are not present there themselves or do not agree to them Such Person so affirming is to be Excommunicate and not to be restored till he Repent and Publickly Revoke his Errors Can. 139. 140. How Ministers are to be Apparelled Note That all Ministers shall usually wear Gowns with standing Collers and Sleeves straight at the Hands or wide Sleeves as is used in the Universities and in their Journies they shall usually wear Cloaks with sleeves commonly called Priests Cloaks without Gards Welts long Buttons or Cuts and no Ecclesiastical Person shall wear any Coif or wrought night Cap but only plain night Cap of black Silk Satten or Velvet and in private Houses and in their Studies They may use any comely and Schollar-like Apparel provided it be not Cut or Pinkt and that in Publick they go not in their Dublet and Hose without Coats or Cassocks and also that they wear not any light coloured Stockins likewise Poor Beneficed-men and Curates not being able to Provide themselves long Gowns may go in short Gowns of the Fashion aforesaid Can. 74. Ecclesiastical Persons not to frequent Taverns or Ale-houses No Ecclesiastical Persons shall at any time other then for their honest necessities resort to any Taverns or Ale-houses neither shall they board or lodge in any such places Nor shall they give themselves to any base or servile labour or to drinking or riot spending their time idlely by Day or by Night Playing at Cards Diee or Tables or any other unlawfull Game But at all times convenient they shall hear or read somewhat of the Holy Scriptures or shall occupy themselves with some other honest study or exercise alwaies doing the things-that-shall appertain to Honestie and indeavouring to profit the Church of God having alwaies in mind that they ought to excell all other in purity of Life and should be Examples to the People to Live well and christianly under pain of Ecclesiastical Censures to be inflicted with severity according to the Qualities of their Offences Can. 75. Ministers not Relinquish their callings No man being admitted a Deacon or Minister shall voluntarily Relinquish the same nor afterwards use himself in the course of his Life as a Lay-man upon pein of Excommunication Can. 76. CHAP. II. What things are required both by the Laws of this Kingdom and the Canons in force to be observed and performed by Ministers upon and after their Admission Institution and Induction to a Living with some few things relating to the Convocation And lastly the King's Majestie 's Letters and Directions in the fourteenth year of his Reign to the Archbishop of Canterbury concerning the Clergy SUCH Person as is Qualified as the He who is presented to a Living must carry his Presentation to the Bishop c. Law requires and hopes to obtain a Living and is promised to be presented according to Law must in the first place get a Presentation from the right and undoubted Patron of the Church where he designs to be Parson the form of which Presentation see in the fifth Chapter and after such Presentation obtained he is within six Months after the Church becomes void by Death Creation or Cession of the last Incumbent to tender his Presentation to the Bishop of that Diocess within which the Church is or to his Vicar General or in the Vacation when there is no Bishop of such Diocess to the Guardian of the Spiritualities to whom the Law allows a reasonable time to Examine his Abilities for the Ordinary is not bound to dispatch him as soon as he goes but may appoint him a convenient time within the six Months to attend him for his Approbation Hob. Rep. f. 317. Hughe's Parson's Law cap. 11. 15. H. 7. 7. b. Examin del Incumbent deg cap. 2. Hughe's grand abridgm 1 part p. 134. Case 5. What Admission and Institution signifie And if the Bishop or Ordinary c. upon Examination of the Clerk find him capable and able he may then admit and Institute him Admission in propriety of Speech is when the Bishop finding the Clerk able saith admitto te habilem and Institution is when the Bishop saith
year upon some Sunday after Evening-Prayer to reade in their Parish Churches the Statute of the 20 Jac. cap. 20. against prophane cursing and swearing and once every year upon some Sunday or Holyday in the Afternoon before Divine Service they are to reade the Book of Canons agreed upon in the Synod begun at London Anno Dom. 1603. and every Minister every year in his Church the Sunday next before the 29 day of May at Morning-Prayer is to reade the Statute of the 12 Car. 2. cap. 14. Ministers before their Sermons Lectures What Order Ministers are to observe in their Prayer before their Sermons c. and Homilies are to Pray first for the Holy Catholick-Church of Christ through the whole World and especially for the Churches of England Scotland and Ireland then for the King Queen and Royal Family next for all Arch-Bishops Bishops and other Pastors and Curates of God's Holy Word and Sacraments then for the King's Privy-Council and all the Nobility and Magistrates of his Realm and for the Commons that they may live in true Faith and fear of God in humble Obedience to the King and Brotherly Charity one to another and lastly they must praise God for all those who have departed out of this Life in the Faith of Christ and must pray to God that we by Grace may learn to follow their Good Example that after this Life ended we may be partakers with them of the Glorious Resurrection of the Life Everlasting and must always conclude with the Lord's Prayer Can. 55. The Supream Ecclesiastical power in the King Note That the King hath the Supream Ecclesiastical Power in him as it hath been held and agreed and may without Parliament make Orders and Constitutions for the Government of the Clergy and may deprive them if they obey not and they can make no Canons or Constitutions without his Assent Cro. Jac. f. 37. Mo. Rep. f. 155. pl. 1043. and Vaugh. Rep. f. 329. The power of the Convecations But some Clergy-men seem to think and others do not stick to say that no Orders or Constitutions can be made to bind them but what are agreed upon in the Convocations of the Clergy therefore I think it will not be amiss to insert here the Authority of the Convocation as my Lord Coke sets it down in his fourth part of his Institutes which take as followeth he saith it is called Convocation a Convocando because they are called together by the King 's Writ and their Authority being never assembled together but by the King 's Writ was to deal with Heresies Schisms and other meer Spiritual and Ecclesiastical Causes and therein they did proceed juxta Legem Divinam Canones Sanctae Ecclesiae and as they could never assemble but by the King 's Writ so they were oftentimes commanded by the King 's Writ to deal with nothing that concerned the King's Laws of the Land his Crown and Dignity his Person or his State or the State of his Council or Kingdom and so whatsoever Act is done in the Convocation is under the Power and Authority of the King but not è contra what he doth under them see the King's Letters in the conclusion of this Chapter vide Co. Inst 4 part f. 322. 26 H. 6. 13. and 21 Eliz. 4. f. 45. a. p. Vavasour and f. 45. 6 p. Starkey and Brown and Rolls Cases 1 p. f. No Canons to be made in the Convocation without the King's Licence And the Lord Coke saith further that the King did often appoint Commissioners by writ to sit with them at the Convocation and to have Conusance of such things as they meant to establish that nothing should be done in prejudice ut supra And therefore the Statute of 25 H. 8 cap. 19. whereby it is provided that no Canons Constitutions or Ordinance should be made or put in Execution within this Realm by Authority of the Convocation of the Clergy which were contrariant or repugnant to the King's Prerogative Royal or the Customes Laws or Statutes of this Realm is but declaratory of the old Common-Law but by the said Act their Jurisdiction and Power is much lestned concerning making of new Canons for they must have both Licence to make them and after they be made they must have the King 's Royal Assent to the allowance thereof before they be put in Execution 25 H. 8. cap. 19. Co. Inst 4 part f. 323. The King's Letters of direction to the Archbishop of Canterbury concerning the Clergy The King's Majesty in his Letters and Directions to the Archbishop of Canterbury dated the fourteenth Year of his now Majestie 's Reign in the Month of October declares there to this effect First That no Preachers in their Sermons shall presume to meddle with matters of State to modell new Governments or take upon them to Declare Limit or bound out the Authority and Power of Sovereign Princes or to State and Determine the difference between Princes and People but that as they have occasion they Faithfully tell the People of their duty of Subjection and Obedience to their Governors Superior and Subordinate of all sorts and to the established Laws according to the Word of God and the Doctrine of the Church of England as it is contained in the Homilies of Obedience and Articles of Religion set forth by publick Authority Secondly That they spend not their time in the search of speculative and abstruse Notions especially in and about the deep points of Election and Reprobation the Incomprehensible manner of the Concurrence of God's free Grace and Man's free Will and such Controversies as depend thereon And that however they do not presume possitively and doctrinaly to determine any thing concerning the same Thirdly That they forbear in their Sermons ordinarily and causelesly to enter upon the handling of any other Controversies of less moment and difficulty And when occasionally they be invited by their Text or Auditory to fall into them that they doe it with all Modesty Gravity and Candor asserting the Doctrine and Discipline of the Church of England from the Cavils and Objections of such as are Adversaries to either without bitterness railing jeering or other unnecessary or unseemly Provocation Fourthly That they Catechise the Younger sort according to the Book of Common-Prayer and in their ordinary Sermons do chiefly insist upon Catechistical Doctrines containing the necessary Truths of Christian Religion and setting forth withall what Influence such Doctrine ought to have in their Lives and Conversations and stirring up the People by their Lives and Doctrine to the practice of such Religious and Moral duties as are the proper result of the said Doctrines as Self-denyal Contempt of the World Humility Patience Meekness Temperance Justice Mercy Obedience and the like and to hate and shun sin especially the sins so rife and common amongst us and more especially those usually called the seven deadly sins and all kind of Debauchery Sensuality Rebellion Prophaneness Atheisin
Contract whether he be privy to it or no it makes the Presentation Admission Institution and Induction all void whereas before the said Statute they were but voidable by deprivation And if a Man by Usurpation present to a Benefice by reason of any corrupt Contract Agreement c. that Presentation and the Institution and Induction thereupon are void for the Act extends to all Patrons as well by wrong as by right with this difference that where any presents by Usurpation the Right Patron and not the King shall present for otherwise every Rightful Patron may lose his Presentation And such an Incumbent that cometh in by the Lawful Patron by reason of any such corrupt Agreement if he be privy to the same is so absolutely disabled for ever after to be presented to that Church as the King himself to whom the Law giveth the Title of Presentation in that Case cannot present him again to that Church for the Act being made for suppression of Simony and such corrupt Agreements so binds the King in that Case that he cannot present him that the Law hath disabled for the words of the Statute be shall thereupon and from thenceforth be Adjudged a disabled Person in Law to have or injoy the same Benefice And the party being disabled by the Act of Parliament which being an absolute and direct Law the King cannot dispense therewith no more than with the Common Law by any Grant c. with a Non obstante as he may do when any thing is Prohibited sub modo as upon a penalty given to the King or to the King and the Informer but if the Incumbent were not privy to or did know of the corrupt Agreement c. then he shall not be accounted a disabled Person within the said Act to be presented de novo And note that this Act doth not only extend to Benefices with Cure but to Donatives Dignities Deanries Prebends and all other Ecclesiastical Livings Co. Lit. f. 120. a. Co. 3. part Inst. f. 153 154 155. vide M. 42. 43. Eliz. C. B. Rot. 3333. Baker and Roger's Case Cro. Eliz. f. 788. pl. 30. and M. Rep. f. 914. pl. 1292. see also M. 13. Jac. B. R. the King and Bishop of Norwich and Cole and Saker's Case Roll's Rep. 1. part f. 235. pl. 7. Cro. Jac. f. 385. pl. 16. Hob. Rep. f. 75. Boulstr Rep. 3. part f. 88. vide Plo. Com. f. 502. 2. H. 7. 6. 11. H. 7. 11. Hetlye's Rep. f. 51. M. 9. Car. 1. B. R. Bawderoicke and Mackaller's Case Cro. Car. f. 330. pl. 15. M. 10. Jac. Stamford and Hutchinson's Case Cro. Rep. 12. Lib. f. 101. A Wife may Contract Simony If one Contract with the Wife of the Patron to be presented for Money and is presented accordingly by the Husband this is Simony within the Statute 31 Eliz. and makes the Presentation void for 27 H. 8. 26. the Contract of the Wife is the Contract of the Husband and 30 Eliz. 3. 39. he ought to declare accordingly and if the Contract be made with the Patron by a meer Stranger it makes the Presentation void Roll's Rep. 1. part f. 236. Cro. Jac. f. 385. Boulstr Rep. 2. part f. 182. 3. part f. 90. Guardian in Seccage cannot Present Simony is odious in the Eye of the Common Law for a Guardian in Soccage of a Mannor whereunto an Advowson is appendant shall not present to the Church because he can take nothing for the Presentation for the which he may account to the Heir and therefore the Heir in that Case shall Present of what Age soever he be and the Common Law would have the Patron so far from Simony as it denied him to Recover Damages in a Quare Impedit or Assize of Darrein Presentment before the Statute of Westminster 2. cap. 5. and it is the more odious because it is ever accompanied with Perjury for the Presentee is Sworn to Commit no Simony as appears by the Oath before mentioned in this Chapter vide Co. Inst 3. part f. 196. F. N. B. 33. T. 7. E. 3. 39. a. Co. 2. part Inst f. 362 363. Co. Rep. 6. Lib. f. 51. and it hath been agreed by the Court of Common Pleas that Simony is most properly Triable in the Spiritual Court M. 40. Eliz. C. B. Reishye and Wentworth's Case Cro. Eliz. f. 642. pl. 42. M. 3. Jac. Close Case M. Rep. f. 777. pl. 1077. A contract when the Parson is sick is Simony Note that it hath been held and so adjudged in Chancery as the Book saith That if a Man obtain a grant of the next avoidance for money when the Parson is sick in his Bed ready to dye it is Simony for the Statute is if the contract be made directly or indirectly by any way or means P. 21 Jac. C. B. Shelden and Bret's Case Winch Rep. f. 63. and see P. 4 Jac. C. B. Rot. 1926. Winchcombe and Bishop of Winchester and Puleston's Case M. Rep. f. 877. pl. 1231. Noye's Rep. f. 25. Hob. Rep. f. 165. In Case where Bond or other assurance Bonds c. for mo eys noâ— void promise c. is made for moneys to be presented to a Benefice though the Simoniacall contract make the Presentation c. void yet the Statute doth not make the Bond Promise c. for the money void and so it was adjudged P. 40 Eliz. C. B. Rot. 1745. in Gregory and Oldbury's Case cited by the Lord Cook in the Margin of his 3 part Inst f. 153 M. Rep. f. 564. pl. 769. Boulstr Rep. 2 part f. 182. Note this Case following where a What contract no Simony contract was made with the Patron for the next avoidance the Parson being then sick and yet adjudged no Simony as Crook reports it the Case was this the Father of one Smith came with his Son to the Patron the Parson being then sick and in the presence of his Son contracted with the Patron for the next avoidance to the Church for 100 pounds who thereupon made a grant thereof the Parson afterwards dyes and the Father presents his Son who is Admitted Instituted and Inducted into the Living and was sued in the Spiritual Court to be deprived for Simony and thereupon a Prohibition was granted and it was adjudged to be no Simony and the reasons there given are that the Father might buy the Advowson and present his Son and it is no Simony in any to buy an Advowson And although the Son here was privy thereto yet it is not material for it being no offence in the Father who was Principal it cannot be an offence in the Son who is but Accessary for there cannot be a particeps criminis where there was not any crime committed but if the Parson himself had contracted for a Benefice to the intent another should present him that is Simony But the Father is bound by Nature to provide for his Son and therefore his buying an Advowson to
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 1º 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 INCVMBENT Omnium Legum Inanis est Sensura nisi Divinae Legis imaginemgerit By G. MERITON Gent. LONDON Printed by the Assigns of Richard and Edw. Atkins Esquires for Richard Tonson within Grays-Inn-Gate next Grays-Inn-Lane 1681. To the Reverend CLERGY-MEN OF ENGLAND Worthy Sirs HAving alwaies had a great Honour and Esteem for Men of your Cloath being descended from a * Grandchild to Dr. George Meriton Dean of York in the time of Archbishop Mathew◠Clergy-Man my self I have often debated in my thoughts how I might lay out some part of that small Tallent which God hath blessed me withall to do you Service And calling to Mind that Old saying Ne Sutor ultra Crepidam I thought it would best become me to keep my self within the Limits of my own Sphear and so resolved to present you with some little necessary Collection of the Law relating to Clergy-Men and having perused Sir John Dodderidge's little Treatise called A compleat Parson Mr. Hughe's Parsons Law and Sir Simon Degg's Parsons Counsellor all relating to the Clergy I found many things therein so brief and intricate that I thought it well worth my time to inlarge and explain many of them and to add several other matters which they have not touched which I imagined would not only be delightsome to peruse but very beneficial to and worthy of the Clergy's knowledge So I have taken their works in pieces and framed a new Modell of my own and out of their works with some materials of my own I have reared this small New Edifice I know it will not pass without it's Censures for those Inconveniences which are not discernable upon the projecting of a Modell are easily discovered and obvious to the Eye after the House is built Although I have called this Treatise the Parson 's Monitor yet I know to the Graver sort it will appear to be no such thing They perhaps knowing as much if not more then they will find in this Collection and so cannot be meliorated thereby in their knowledge yet to the generallity of Clergy-Men I hope it may prove serviceable and not without it's use also to the other for though it bring nothing new to them yet I presume it mayprove Memoriae Amicus by continueing those things that are in Memory Retraxing those that are Elapsing and Retrieving the things that were vanished It is possible several Persons especially those who have known my Education will look upon this undertaking as a great piece of presumption in me that I who never had the Honour to assume any greater Title then a Practicer of the Common Law should publish this Treatise when such Learned Men in the Laws as those aforenamed have written upon the same Subject already To such Carpers my Answer is I desire they would not condemn me before they hear me speak for if they please but to give themselves the trouble to Peruse this little Collection though perhaps at the undertaking thereof they may propound to themselves that it will be time ill spent yet when they have done I hope they will not conclude it time lost for although they have the Books aforementioned and so think this useless yet possibly this may serve as a kind of Paralipomenon to the others for let me tell them that they will find several things inlarged here with Additions of several other matters which are not touched there for I have here brought in the Canons in force the Articles of Religion the Privilege of Churches and Church-yards the Statutes concerning First Fruits Tenths and Mortuaries the Authority of the Convocation and Privilege of the Clergy there and their menial Servants and several other matters which they will not meet with in the other Authors but put the Case I had medled with nothing but what they have taken notice of yet the same Dish dressed after another fashion often gives a fresh Appetite and for my own part I have found nothing more delightsome or gratefull to my Genius then to reade the same Case reported four or five times over in several Books for it is variety that makes a Feast But some perhaps will ask why I have not said something relating to Tythes in Answer to which I say that Sir Simon Degg hath taken such pains therein as little or nothing more can or need be said in that point and besides every Parson studies more to be his own Monitor in those things then in the particulars which I have here discoursed of although there be several digressions in this ensuing Treatise which may seem Heterogeneall to the things intended to be discoursed of yet they falling accidentally in my way I hope the Candid Reader will rather Pardon then Condemn me for incerting them for though at first they may appear perhaps Impolite yet upon second thoughts they will not I hope be adjudged altogether Impertinent my Intentions at the first undertaking of this Collection were honest and good and if the Book fail in the Effects I wish that any of the Clergy would be so kind as to inform me wherein I might be more serviceable to them that I might manifest to the World how ready and willing I am to be Reverend Sirs Your very humble Servant G. Meriton An Alphabetical Catalogue of the several Books and Authors consulted and made use of in this insuing Treatise A. ANderson's reports 1 part Anderson's reports 2 part Book of Articles of Religion B. Bendlowe's reports Boulstred's reports 1 2 and 3 part Bracton Britton Brooks grand Abridgment Bridgman's reports Brownlowe's reports 1 and 2 part C. Book of Canons Cook 's Institutes 1 2 3 and 4 part Cook 's reports 3 4 5 6 7. 9 10 11 Lib. Cook 's Entries Crook's reports 1 2 and 3 part D. Davis reports Degg's Parsons Counsellor Dyer's reports Doderidge compleat Parson Doctor and Student E. Edward the first Edward the third Edward the fourth F. Fitz. Natura Brevium Fleta G. Godbolts reports Godolphins Orphan's Legacy Gouldesborough's reports H. Henry the Third Henry the Fourth Henry the Fifth Henry the Sixth Henry the Seventh Henry the Eight Hetley's reports Hobart's reports Hughe's grand Abridgment 1 part Hughe's Parsons Law Hutton's reports I. Jones reports K. Kelloway's reports Keebles Statutes L. Latch's reports Leye's reports Leonards reports 1 2 3 and 4 part Liber Assisar Lind wood M.
March's reports Moor's reports N. Noye's reports O. Owen's reports P. Poulton's Statutes Plowden's Commentaries Phopham's reports R. Rastall's Statutes Register Roll's reports 1 part Roll's Cases 1 and 2 part S. Savill's reports Swinburus Wills c. V. Vaughan's reports W. Winch's reports Wingate's Statutes Yelverton's reports A Catalogue of the several Statutes or Acts of Parliament made use of in this Treatise H. 3. MAgna Charta cap. 14. Marlebridge cap. 10. E. 1. Circumspecte Agatis Stat. of Winchester Ne Rectores prosternerunt arbores c. E. 2. Articuli Cleri cap. 1. 3 and 4. E. 3. 50 E. 3. cap. 5. H. 7. 1 H. 7. cap. 4. 7 H. 7. cap. 13. H. 8. 21 H. 8. cap. 6. 21 H. 8. cap. 13. 25 H. 8. cap. 19. 25 H. 8. cap. 21. 26 H. 8. cap. 3. 26 H. 8. cap. 14. 27 H. 8. cap. 8. 28 H. 8. cap. 11. 28 H. 8. cap. 13. 32 H. 8. cap. 22. 32 H. 8. cap. 28. 33 H. 8. cap. 28. 37 H. 8. cap. 21. E. 6. 1 E. 6. cap. 1. 2 and 3. E. 6. cap. 1. 5 E. 6. cap. 4. 5 and 6. E. 6. cap. 1. 5 and 6. E. 6 cap. 4. 7 E. 6. cap. 4. Q. M. 1 Mar. Sess 2. cap. 3. 2 and 3. P. M. cap. 4. Q. Eliz. 1 Eliz. cap. 1. 1 Eliz. cap. 4. 1 Eliz. cap. 19. 5 Eliz. cap. 1. 5 Eliz. cap. 5. 13 Eliz. cap. 2. 13 Eliz. cap. 5. 13 Eliz. cap 10. 13 Eliz. cap. 12. 13 Eliz. cap. 20. 14 Eliz. cap. 7. 14 Eliz. cap. 11. 18 Eliz. cap. 11. 31 Eliz. cap. 6. 35 Eliz. cap. 1. Jac. 1 Jac. cap. 3. Car. 2. 12 Car. 2. cap. 14. 13 Car. 2 cap. 1. 14 Car. 2. cap. 4. An Alphabetical Table of the several Cases cited in this Collection A. ACton and Pitcher 276 Agard and B. of Peterborough and Denton 141 Albany and Bishop of S. Asaph 3 149 Arrundel and Bishop of Gloucester and Chaffin B. Babington and Wood 220 Baker and Rogers 212 Baldock's Case Sir Robert Bannister's Case 286 Bawderock and Mackaller 212 Bayly and Murnes 292 Baskervil's Case 137 Belfore and Foord 285 Bellamie's Case 110 Bennifield and Pickering 151 Bennet and Edwards 132 Birt and Manning 217 Boughton and Gousley 196 Bunny and Wright and Stafford 280 Buck's Case 216 Broom and Hudsons 195 C. Calvert and Kitchin 136 Canning and New-man 195 Archbishop of Canterbury and Corn-Wall 138 Bishop of Carlisle and Whitton 149 Carter and Croft 17 Catesby's Case 174 Cary and Yeo 222 Chaffin's Case 285 Bishop of Chichester and Freeland 289 Cholmly's Case 118 Cornwall's Case 138 Corven and Pim 109 Costard and Winder 294 Cox's Case 180 Crane and Tayler 268 Creswick and Rookby 105 Cross and Stanhope 105 Cumber and Bishop of Chichester and Green 138 D. Dalton and Pamphlin and Bishop of Ely 156 Dothick's Case 116 Digby's Case 147 Dobbins and Gerrard 292 Draper and Stone 107 Dodson and Line 143 E. Edes and Bishop of Hereford 124 Elmer and Gale 273 Parishioners of Ethelborough's Case 108 Bishop of Ely's Case 289 Sir William Elvis and Archbishop of York and Tayler 159 Evans and Ascough 145 Evans and Heister 291 Evelin's Case 107 Eytru's Case 297 F. Fairbanck and Durham 131 Fairchildand Gair 144 and 155 Flemming's Case 37 Sir Godfry Foliamb's Case 129 Fox and Collyer 278 Freeman and English 216 G. Gerrard's Case 158 Goodale and Butler 194 Gosnall and Kindlemarch 298 Green and Guy 179 Gregory and Oldbury 214 H. Hare and Buckley 17 Harris and Hayes and Nichols 127 Hele's Case 124 Bishop of Hereford's Case 141 Dean and Chapter of Hereford and Bishop of Hereford 296 Higden's Case 30 Hind and Bishop of Chester 259 Hitchin and Glover 130 Holland's Case 146 147 Hutchinson's Case 226 Hunt and Singleton 282 I. Jackson's Case 271 Jefferies and Kenshly and Foster 111 Jones and Lawrence 219 Jurden's Case 132 K. The King and Bishop of Chichester 183 The King and Champion 132 The King and Emmorson 118 The King and Bishop of London and Baldock 147 The King and Bishop of Narwich and Cole and Saker 212 The King and Bishop of Worcester 146 Knowles and Dobbins 17 Knowles and Hargrave's 251 L. Lancaster and Low 151 Leak and Bishop of Coventry and Babington 126 Bishop of Lincoln's Case 138 Earl of Lincoln and Hoskins 298 M. Mabie's Case 296 Mackallor and Toddericks 223 Marler and Wright and Green 279 Marrow 's Case 291 Martin and Gunniston 305 Martin's Case 198 Mawnd and French 287 Morgan and Glover 179 Mot and Hales 292 P. Palmer and Smith 154 Palmer and Munson 115 Paget's Case 112 Paget and Crompton 111 Palmer and Thorp 95 Parkhurst's Case 182 Pascall and Clerk 221 Penhallow's Case 116 Perchall's Case 116 Pescod and Yardley 131 S. John and Pettit's Case 298 Phips and Hayter 147 Sir Edmund Plowden and Oldfield 286 Q. The Queen and Blancher 245 The Queen and Bishop of Lincoln 138 The Queen and Bishop of Lincoln and Cock 151 The Queen and Bishop of Gloucester and Savaker 171 The Queen and Bishop of Lincoln and Drewry 172 The Queen and Bishop of Lincoln and Skiffin 173 The Queen and Bishop of Peterborough and Acton 176 The Queen and Bishop of Salisbury al. 175 R. Reyner and Parker 244 Riersby and Wentworth 214 Rickman and Garth 295 Robins and James 179 Robins and Gerrard and Prince 179 Parishioners of Rovenden's Case 107 S. Saccar's Case 250 Sale and Bishop of Coventry and Litchfield 296 Bishop of Salisbury's Case 141 and 250 Scot and Nicholas and Brewster and Stubbing 278 Searl and Williams 98 Sheldon and Brett 244 Shepherd and Twoulsy 194 Shute and Higden 30 and 181 Smalwood and Bishop of Coventry and Litchfield 132 Smith and Shelborn 216 Smith and Bowles 284 Smith and Clayton 121 Smith and Clerk 30 Specot's Case 140 Searl's Case 140 Stanford and Hutchinson 212 Stockman and Withers 250 Starkey and Brown 66 T. Talentire and Denton 295 Tomlinson and Crook 285 V. Viner and Eaton 115 Underhill and Savage 179 W. Waller and Scott 135 Walker and Lamb 289 Walter and D. and C. of Norwich 282 Watkinson and Man 176 Webb and Hargrave 220 Wheeler and Danby 300 Whetston and Hickford 172 Whistler and Singleton 131 Woody and Bishop of Exeter and Mannering 145 Dean and Chapter of Worcester 274 Wright's Case 123 Wright and Bishop of Norwich 135 Lady Wyche Case 108 Winchcombe and Bishop of Winchester al. 214 Windsor and Archbishop of Canterbury al. 128 Y. Young and Steel 289 THE CONTENTS OF THE CHAPTERS CHAP. I. WHat Qualifications are required by Scripture and Law in such Persons as intend to enter into the Ministry and also a Word or two concerning Ordination and what the Canon requires as to the apparell and behaviour of Clergy-men pa. 1. CHAP. II. What things are required both by the Laws of this Kingdom and the Canons in force to be observed and performed by Ministers upon and after their Admission Institution and Induction to a Living with some
for the avoidance being before the said grant it cannot be said to be prima proxima post donum concess praedictt c. P. 2 3. P. M. Agard and the Bishop of Peterborough and Denton's Case Dyer f. 129. b. vide P. 11 Eliz. Dyer f. 283. a. 28 H. 8. 26. b. It is good cause of refusal of a Presentee Simony good cause of deprivation for that he is Simoniacus in the same Presentment to wit hath made a corrupt contract to be presented or that he is Simoniacus to another Benefice besides this he is presented to also if a Parson doe or suffer Dilapidations he is deprivable Bishop of Salisbury's Case 12 Jac. B. R. Godb. Rep. pa. 259 pl. 357 Tr. 16 Jac. Boughton and the Bishop of Rochester's Case Roll's Cases 2 part f. 356. Where the Ordinary shall be no disturber If the Ordinary Admit and Institute the Presentee of the Chancellor and command the Archdeacon to Induct him and afterwards before Induction the King sends an Inhibition reciting that the Church is above the value of forty pounds per. ann and so belongs not to the Chancellor to present and commands the Ordinary to receive A. B. his Clerk whom he presents in this Case if the Ordinary dâ— not command the Archdeacon not tâ— proceed in the Induction but suffer the same to be done a Month afterwards yet he shall not be adjudged disturber for there is no default in him but if the Inhibition had come to thâ— Ordinary before the Warrant made tâ— the Archdeacon if he had made â— Warrant afterwards by which he haâ— been Inducted then he should be a dâ—sturber 38 E. 3. 3 4. Roll's Case 2 part f. 356 A. 1 2. If the Archbishop Visit his Inferior Bishop and Inhibits him during the The Ordinarie's power suspended during Inhibition Visitation to execute any Jurisdiction if the Bishop have Title to Collate to a Benefice within his Diocess by Lapse yet he cannot during the Inhibition Institute his Clerk but must present him to the Archbishop and he shall Institute him because during the Inhibition his power of Jurisdiction is suspended Tr. 11 Car. 1. B. R. Rot. 446. Dodson and Lin's Case Cro. Car. f. 471. Roll's Cases 2 part f. 357 C. 1. 367. Z. 1. After Institution a Presentee may resign where a common Person is Patron but not where the King is Patron And note where a Parson is only Admitted and Instituted although as concerning the Spiritual Function he be a Parson before Induction yet because no part of the free-hold of the Spiritual Benefice is transferred to him but by the Induction he cannot therefore until after Induction if the King be Patron make any good and effectual Resignation vide plo Com. 526. 21 E. 3. 5. a. but if a Subject be Patron and his Presentee be admitted such Presentee if he be willing to leave his charge may before Induction resign the Church for the Spiritual Dignity was full of an Incumbent in respect of his Patron and because also there is no other means to clear the Church of him but by such Renunciation Doderidge pa 80 81. Resignation to whom to be made The Word Resignare is not the proper Word in Law for a Resignation but Renunciare cedere demittere are the usual Words of Resignation M. 12 13 Eliz. Dyer f. 292. a. Doder pa. 79. and note that a Resignation ought to be made to the immediate Ordinary and not to the mediate Ordinary Roll's Cases 2 part f. 358 E. 1. F. 1. but the Incumbent of a Donative may resign to his Patron because it is of the Patron 's Foundation and of his Visitation and Correction and the Ordinary hath nothing to doe with him P. 3 Jac. Fairchild and Garie's Case M. Rep. f. 765 pl. 1062. vide Doder pa. 81. The King shall present where an Incumbent is made Bishop If the Incumbent be made a Bishop the Church is void and the King shall present to it by his Prerogative and so it is of a Prebendary and it the Incumbent be created Bishop of the same Diocess where he was Incumbent the Church is void for he cannot be Sovereign and Subject and so it is if he be made Bishop of another Diocess or a Bishop in Ireland but note the Church is not void till Consecration and in Case where the King grants a Licence to the Bishop to hold his Living in Commendam with the Bishoprick if the Bishop afterwards dye or surrender that same Living then the Patron and not the King shall present to it vide 7 H. 4. 25. b. 11 H. 4. 37. b. 24 E. 3. 26. b. Davis Rep. f. 69. a. and see M. 42 Eliz. C. B. Sir Robert Basset and Gee's Case Cro. Eliz. f. 790 pl. 31 Tr. 3 Car. I. B. R. Evan's and Ascough's Case Jone's Rep. f. 58. Noye's Rep. f. 93. Latche's Rep. f. 32. 234. 19 E. Tryal 57. 5 E. 3. 9. 11 E. 3. 1. Vaugh. Rep. f. 22. Wynch Rep. f. 98 99. Woody and Bishop of Exeter Cro. Jac. 691. Where Lapse shall incur without notice and where not Before the stat 21 H. 8. cap. 13. if one had a Benefice with cure and did accept another Benefice with cure the first became void but this avoidance was not by the Common Law but by the Constitution of the Pope of which avoidance the Patron might take notice if he pleased and might present without any deprivation but because the avoidance did accrew by the Ecclesiastical Law no Lapse did incur without notice as it is upon deprivation or Resignation and yet the Patron may present and take notice of it if he please and according to this diversity it is adjudged H. 24 E. 3. f. 33. in the King and the Bishop of Worcester's Case and with this agree the Books in the 9 E. 3. 22. a. 10 E. 3. 1. 14 H. 7. 28. b. 14 H. 8. 17. a F. N. B. 34 L. as my Lord Cook reports in his 4 Lib. in Holland's Case and where it is said in the 5 E. 3. 9. 11 H. 4. 37. that the Church is not void without deprivation this is to be interpreted that it shall not be void to the Patron 's disadvantage but for his advantage it shall as it is shewed before and so all the Books are reconciled So it appears that the stat 21 H. 8. is but in affirmance of the Law aforesaid but noâ— because it is affirmed by Act of Parliament if the first Benefice be of thâ— value of eight Pounds per ann the Patron at his Peril to prevent a Lapse ought to present to it because to aâ— avoidance by Act of Parliament eveâ— one is party and ought to take noticâ— at his Peril but it is otherwise if thâ— Church be not of the yearly value oâ— eight pounds for then it is void meerly by the Ecclesiastical Law of which the Patron is not
if the Patient remove by advice of his Physitian bona fide for better Air and for the recovery of his health Co. Rep. 6 Lib. f. 21. b. Martin's Case M. 10 Jac. B. R. Boulstr Rep. 2 part f. 18. Who excusable for non residence by the Canon I shall now set down what is required by the Canons in force concerning Dispensations and non residence and first it is said no Licence or Dispensation for the keeping of more Benefices with cure than one shall be granted to any but such only as shall be thought very well worthy for his learning and very well able and sufficient to discharge his duty that is who shall have taken the degree of Master of Arts at the least in one of the Universities of this Realm and be publick and sufficent Preacher Licensed provided alwaies that he be by a good and sufficient caution bound to make his personal residence in each of his said Benefices for some reasonable time in every Year and that the said Benefices be not more than thirty miles distance asunder and lastly that he have under him in the Benefice where he doth not reside a preacher Lawfully allowed that is able sufficiently to teach and instruct the People Can. 41. Every Dean Master or Warden or Chief Governour of any Cathedral or Deans c. to keep residence Collegiate Church shall be resident in his said Cathedral or Collegiate Church fourscore an ten days conjunctim or divisim in every Year at the least and then shall continue there in Preaching the Word of God and keeping good Hospitality except he shall be otherwise let with weighty and urgent causes to be approved by the Bishop of the Diocess or in any other Lawfull sort dispensed with and when he is present he with the rest of the Canons or Prebendaries resident shall take special care that the Statutes and laudable customs of their Church not being contrary to the Word of God or Prerogative Royal the Statutes of this Realm being in force concerning Ecclesiastical Order and all other Constitutions now set forth and confirmed by his Majestie 's Authority and such as shall be enjoyned by the Bishop of the Diocess in his visitation according to the Statutes and customs of the same Church or the Ecclesiastical Laws of this Realm be diligently observed and that the petty Canons Vicars Coral and other Ministers of their Church be urged to study the Holy Scriptures and every one of them to have the New Testament not only in English but also in Latin Can. 42. No Prebendaries nor Canons in Cathedral or Collegiate Churches having Residence required in Prebendaries c. one or more Benefices with cure and not being residentiary in the same Cathedral or Collegiate Churches shall under colour of their said Prebends absent themselves from their Benefices with cure above the space of one Month in the Year unless it be for some urgent cause and certain time to be allowed by the Bishop of the Diocess And such of the said Canons and Prebendaries as by the Ordinances of the said Cathedral and Collegiate Churches doe stand bound to be resident in the same shall so among themselves sort and proportion the times of the Year concerning residence to be kept in the said Churches as that some of them alwaies shall be personally resident there And that all those who be or shall be residentiaries in any Cathedral or Collegiate Church shall after the dayes of their Residence appointed by their Local Statutes or Customs expired presently repair to their Benefices or some one of them or to some other Charge where the Law requireth their presence there to discharge their duties according to the Law in that Case provided And the Bishop of the Diocess shall see the same be duly performed and put in Execution Can. 44. CHAP. VII Of the Oath which every Minister is to take before his Institution to a Living against Simony with a Recital of the Statute and some few Cases concerning the same Symony INtending in this Chapter to Treat of the detestable sin of Simony as the Canon calls it I shall first give you the derivation of the word as the Lord Cook defines it then shew you what the Canon saith concerning it and how the Parliament of England in the 31 of Queen Elizabeth hath taken care to prevent it and lastly the Book Cases upon it The Derivation of the word Simonia est vox Ecclesiastica à Simone illo Mago deducta qui donum Spiritus Sancti pecuniis emi putavit but this derivation of the word is thought by some to be most properly applicable to such as corruptly give Monies to get into Orders and not to such as give Monies to be Presented to a Living vide C. Inst 3. part f. 153. The Oath against it To avoid the detestable sin of Simony because buying and selling of Spiritual and Ecclesiastical Functions Offices Promotions Dignities and Livings is execrable before God therefore the Archbishop and all and every Bishop or Bishops or any other Person or Persons having Authority to Admit Institute Collate Install or to Confirm the Election of any Arch-bishop Bishop or other Person or Persons to any Spiritual or Ecclesiastical Function Dignity Promotion Title Office Jurisdiction Place or Benefice with Cure or without Cure or to any Ecclesiastical Living whatsoever shall before every such Admission Institution Collation Installation or Confirmation of Election Respectively Minister to every Person hereafter to be Admitted c. the Oath in manner and form following the same to be taken by every one whom it concerneth in his own Person and not by Procter I N. N. do Swear that I have made no Simoniacal Payment Contract or Promise directly or indirectly by my self or by any other to my knowledge or with my Consent to any Person or Persons whatsoever for or concerning the procuring and obtaining of this Ecclesiastical Dignity Place Preferment Office or Living respectively and particularly naming the same whereunto he is to be Admitted Instituted Collated Installed or Confirmed nor will at any time hereafter perform or satisfie any such kind of Payment Contract or Promise made by any other without my knowledge or consent so help me God through Jesus Christ Can. 40. The Penalty of Symoniacal Contraâ—is By the 31. Eliz. it is Enacted That if any Person or Persons Bodies Politick and Corporate shall or do for any Sum of Money Reward Gift Profit or Benefit directly or indirectly or for or by reason of any Promise Agreement Grant Bond Covenant or other Assurance of or for any Sum of Money Reward Gift Profit or Benefit whatsoever directly or indirectly Present or Collate any Person to any Benefice with Cure of Souls Dignity Prebend or Living Ecclesiastical or give or bestow the same for or in respect of any such corrupt cause or consideration That then every such Presentation Collation Gift and Bestowing and every Admission Institution
payment of the same All Collectors of Tenths under any Archbishop or Bishop having Letters Patents or other writings of their Office of Collectorship are to be bound by their sufficient writing Obligatory or Recognizance in the Court where the King's revenues of the Tenths shall be answerable in such sum or sums of money as shall be due within their Collection or Office to save and keep the said Archbishop or Bishops harmless and without damage against the King for the same and all such Grants Patents or Writings to such Collectors shall continue no longer in force then during such time as such Archbishop or Bishop who granted the same shall remain Archbishop or Bishop of the same See or Bishoprick whereof he was possessed when he granted the same 7 E. 6 cap. 4. and by the 14 Eliz. cap. 7. the Lands and Tenements Goods and Chattels of such under Collectors of Tenths are made liable to answer the Queen her Heirs and Successors for such sums as they shall gather yearly within their Collection and every Archbishop Bishop and Dean and Chapter sede vacante to whom the Collection of such Tenths shall appertain shall be discharged of so much as shall be satisfied of or by the Lands Tenements Hereditaments Goods oâ— Chattels of such under Collector or his Heirs without any other Warrant whatsoever in that behalf to be obtained 14 Eliz. cap. 7. 13 Eliz. cap. 4. First Fruits in what time to be paid Vicarages not exceeding ten pounds and Parsonages not exceeding ten marks in the King's Books are not to pay any first Fruits as is shewed before and every Incumbent liable to pay first Fruits that lives one half Year after the last avoidance so as he hath or might have received the Rents and Profits of that half Year and before the end of the next half Year he happen to dye or be Lawfully evicted removed or put from the same Promotion Spiritual by Judgment in an action at Common Law without Fraud or Covin then he is to pay but a fourth part of the first Fruits and if he Live one Year and dye or be evicted c. before the next half Year then he is to pay one half of his first Fruits and if he Live one Year and an half and dye or be evicted c. before the end of six Months then next following then he is to pay three parts of his first Fruits and if he Live two Years then he must pay his whole first Fruits for such Promotion Spiritual 1 Eliz. cap. 4. By the 1 Eliz. all Grants Immunities and Liberties given to either of Colleges c. discharged of first Fruits c. the Universities of this Kingdom or to any College or Hall in either of them and to the Colleges of Eaton and Winchester by any of the Kings of England or by Act of Parliament touching the release or discharge of first Fruits and Tenths are to be and remain in full force and strength and that all such conveyances and assurances in Law as were then had or made to either of the Universities or to any College or Hall within either of them or of any of the Parsonages or Benefices Impropriate or of any Patronage for the maintenance of students or learning are good and effectual notwithstanding the same Act of Parliament and all the Possessions of the free Chapel Deanry and Canons of Windsor are discharged of Tenths and first Fruits but all the Rectories and Spiritual Promotions belonging to the Archdeaconry oâ— Wells are made chargeable to the payment thereof and all the Rectories Parsonages and Benefices Impropriate Glebe Lands Tythe Oblations Obventions Pensions Portions and other Profits and Emolluments Ecclesiastical and Spiritual as were in the Survey Rule and Order of the Court of the Dutchy of Lancaster were to continue so And lastly by the same Act it is provided that no Hospital founded and used and the Possessions thereof imployed to and for the use and relief of Poor People or any School or Schools or the possessions or revenues of them shall be charged with the payment of any Tenths or first Fruits 1 Eliz. cap. 4. A demand of Tenths how and where to be made Note that the demand of the Tenths ought to be express and not a summons to pay them at another place as appears by the Case following An Apparator came to the Church to the Parson and said to him that he must pay his Tenths to such an one and at such a place being four miles distant from the Church and the Parson not paying the Bishop certifies according to the Statute that he refused to pay his Tenths and whether this were a good demand or no was the Question and all the Justices agreed that it was not for they said a summons to pay was not sufficient but it ought to be an express demand and by one who hath Authority to receive it M. 39 40 Eliz. C. B. Reyner and Parker's Case M. Rep. f. 541. pl. 714. Bishop's Certificate of what force The Bishop of York certified in the late Court of first Fruits and Tenths Anno 5 6 E. 6. in these words adhibuimus omnimodam diligent per Subcollectores nostros per totam diocesim Eborum Et comperimus I. C. Vicarium de Gargrave Recusantem solvere subsidia Vicariae suae qui nullo modo metu paenarum huiusmodi produci potuisset ad solutionem subsidii praedict sed perseverans in obstinatiori sua malitia and this is left as a quaere in Dyer whether by this Certificate the Vicarage were void or no Dyer f. 116. a. pl. 69. but in Crook's reports it is said there that the Justices held such a Certificate not to be Peremptory but that it may be Traversed for the Bishop doth it only as an Officer and not as a Judge as in Case of Bastardy and here is to be a default in the Parson viz. not payment which is tryable per pais for otherwise all the Parsons in England may be put out of their Parsonages by such nude surmise and bare Certificate without any answer and the Law never intended to make the Certificate so Peremptory as the Book saith and it is there said also that the Officer of the Bishop which is to demand the Tenths ought also to be Authorized to receive them for he cannot appoint them to be paid at another place or to another Person for the Parson is to pay them at his own House and to the Person that demands them in the Name of the Bishop M. 29 30 Eliz. in Scaccario the Queen and Blancher's Case Cro. Eliz. f. 80. pl. 44. Dilapidations cause of deprivation Now we come to Dilapidations which every Clergy Man ought to take care to prevent for there can be nothing worse becoming the Dignity of a Clergy-man than Dilapidations and non residence and as the Canon Law made Provision against it so also hath the Common Law of this Kingdom as appears
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