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
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
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
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
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
decree all such to be Rightly and Orderly and Lawfully Consecrated and Ordered Note that this last Article by the stat 14. Car. 2. is to be construed and taken to extend and shall be applied unto the Book containing the manner of Making Ordaining and Consecrating of Bishops Priests and Deacons which is now set forth in such sort and manner as the same did heretofore extend unto the Book set forth in the time of King Edward the sixth mentioned in the said Article 14. Car. 2. cap. 4. 37. Of the civil Magistrate Article 37 The Queens Majesty hath the chief Power in this Realm of England and other her Dominions unto whom the chief Government of all Estates of this Realm whether they be Ecclesiastical or Civil in all causes doth appertain and is not nor ought to be subject to any foreign Jurisdiction Where we attribute to the Queens Majesty the chief Government by â—hich Titles we understand the minds of some slanderous Folks to be offended we give not to our Princes the Ministering either of God's Word or the Sacraments the which thing the Injunctions also sometimes set forth by Elizabeth our Queen do most plainly testify But that only Prerogative which we see to have been given alwaies to all godly Princes in Holy Scriptures by God himself that is that they should rule all Estates and degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and evil doers The Bishop of Rome hath no Jurisdiction in this Realm of England The Laws of the Realm may punish Christian Men with death for heinous and grievous Offences It is Lawfull for Christian Men at the Commandment of the Magistrate to wear Weapons and serve in the Wars 38. Of Christian Mens Goods which are not common Article 38 The Riches and Goods of Christians are not common as touching the Right Title and Possession of the same as certain Anabaptists do falsly boast Notwithstanding every Man ought of such things as he possesseth Liberally to give Alms to the Poor according to his Ability 39. Of a Christian Man's Oath Article 39 As we confess that vain and rash swearing is forbidden Christian Men by our Lord Jesus Christ and James his Apostle so we judge that Christian Religion doth not prohibit but that a Man may swear when the Magistrate requireth in a cause of Faith and Charity so it be done according to the Prophet's teaching in Justice Judgment and Truth CHAP. IV. Several cases touching the privileges of Ministers and Churches and Church Yards The punishment for laying violent Hands on a Clergy-man MAny are the privileges which the Laws of this Realm allow to Clergy Men in Holy Orders some of which I shall insert in this Chapter If one lay violent Hands upon the Person of any infra sacros Ordines such Offender may be cited into the Spiritual Court to have him Excommunicated or doe Corporal Penance But the party offending if he think good may redeem his Penance for a certain sum of money to be paid to the party grieved who may sue for the same in the Spiritual Court if it be not paid and no Prohibition will lie vide stat Articuli Cleri 9 E. 3. cap. 3 and 4. Circumspecte Agatis 13 E. 1 Regist f. 45. 49. 51 52. 54. 57. Co. Institutes 2 part f. 492. and 620. 7 H. 3. Prohibition 30. 5 H. 3. Prohibition 29. 12. H 7. f. 23. a. p. Butler Co. Rep. 4. Lib. f. 20. b. Bro. action sur Case 15. F. N. B. f. 51. R. 52. D. F. 53. A. In what Court a Minister may sue for a scandal If one call a Minister Heretick Schismatick Fornicator c. or such other words as are meerly Spiritual in such case he cannot sue in the Spiritual Court for damages but he may cite the party offending pro salute animae and he must express in particular the defamation in his Libel and for the costs of suit recovered he may sue in the same Court if they be not paid Co. Inst 2 part f. 492 493. F. N. B. 51 I. 52 M. 53. A. and see Tr. 25 Eliz. B. R. Palmer and Thorp's Case Co. Rep. 4. Lib. f. 20. a. A Minister is not bound to appear at Ministers not bound to appear to Sheriffs Tourns or Leets c. the Sheriffe's Tourns nor at Court Leets by the Statute of Marlbridge unless their appearance be especially required for some particular cause and if they be distrained to come they may have a Writ reciting the said Statute which Writ in the Register beginneth thus Cum de communi Consilio Provisum sit quod viri Religiosi non habent necesse venire ad Tournum Vicecom c. Regist f. 176 8 H. 4. f. 15. stat Marlbridge cap. 10 Co. Inst 2 part f. 120 and 121. Parsons not compellable to appear at Leets by the Common Law By the Common Law also Parsons of Churches that had curam animarum were not compellable to come to Tourns or Leets and if they were distrained to come they may have a Writ for their discharge in this Form Rex c. Cum secundum Consuetudinem Regni Nostri Personae Ecclesiasticae ratione Terrarum Tenementorum suorum Ecclesiis suis annexorum venire non debeant ad Visum Franci Pleg in curia nostra vel aliorum quorumcumque c. Regist f. 175. F. N. B. f. 160. C. Co. Inst 2 part f. 121. Men of the Church not to be amercied after the quantity of their Spiritual Benefice No Man of the Church shall be amercied after the quanty of his Spiritual Benefice but after his Lay Tenement and after the quantity of his Offence and note that the word Beneficium is a large word and his taken for any Ecclesiastical Promotion or Spiritual Living whatsoever vide Magna Charta cap. 14. and Co. Inst 2 part f. 29. The Plough Beasts of Religious Persons Their Plough Beasts not to be distrained c. or their Sheep shall not be distrained for the King's Debt nor the Debt of any other Man nor for any other cause by any Bailiffs whatsoever but untill such time as they can find another Distress or Chattels sufficient whereof they may Levy the Debt except in case of damage Feasant and such distress is also to be reasonable after the value of the Debt or demand and by the Estimation of Neighbours and not by Strangers nor outrageous stat de districtione Scaccarii 51 H. 3. vide dyer f. 312. a. pl. 86. May make their Wills of Corn sown down Spiritual Persons may make their Wills of such Corn as is sown upon the Glebe Land at the time of their death 28 H. 8 cap. 11. vide 34 H. 6. 38. The punishment for Arresting Ministers doing Divine Service No Man upon grievous forfeiture is to Arrest any Minister in Church or Church-Yard whilst he is attending Divine Service 50 E.
few things relating to the Convocation and lastly the King's Majesties Letters and Directions in the fourteenth Year of his Reign to the Archbishop of Canterbury concerning the Clergy pa. 15. CHAP. III. The Articles of Religion which every Minister is to subscribe unto both at his Ordination and at his Admission and Institution to a Living agreed upon by the Archbishops and Bishops of both Provinces and the whole Clergy in the Convocation holden at London 1562. put forth by Authority for avoiding Diversities of Opinions and for the establishing of consent touching true Religion pa. 111. CHAP. IV. Several Cases touching the Privileges of Ministers and Churches and Church-yards pa. 99. CHAP. V. Some things necessary for Clergy-men to know concerning Presentations Nomination Deprivation Resignation c. and of avoidance of Spiritual Livings by Death Creation Cession Lapses c. pa. 118. CHAP. VI. Of Pluralities Dispensations and non residence pa. 159. 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 pa. 201. CHAP. VIII Of first Fruits Tenths Dilapidations and Mortuaries pa. 228. CHAP. IX What Qualifications are required in Leases made by Ecclesiastical Persons pa. 260. CHAP. X. How Clergy-Men are incapacitated to take Farms or follow Secular Affairs and how they are punishable for Incontinency by their Superiors and by whose power and Authority Courts Ecclesiastical are to be kept and in whose Name and Stile their Ecclesiastical Process are to be and with what Seal to be sealed pa. 301. ADVERTISEMENT CHoice Presidents upon all Acts of Parliament Relating to the Office and Duty of a Justice of Peace With necessary Notes and Instructions thereupon taken out of the said Acts of Parliament and other particular Cases in Law adjudg'd therein As also a more usefull Method of making up Court Rolls then hath been known or hitherto published in Print By Rich. Kilburne Esq late one of his Majestie 's Justices of the Peace for the County of Kent and Principal of Staple-Inn The Second Edition with many usefull Additions made publick by G. F. of Grayes-Inn Esq Newly Reprinted for R. Tonson 1681. THE PARSON'S MONITOR CHAP. I. What Qualifications are required by Scripture and Law in such Persons as intend to enter into the Ministery and also a word or two concerning Ordination and what the Canon requires as to the Apparel and behaviour of Clergy Men. What Qualifications are required in Ministers by Scrâ—pture SAINT Paul in his first Epistle to Tymothy saith That Deacons must be grave not double-tongued not given to much wine not greedy of filthy lucre holding the mysterie of the Faith in a pure Conscience and let these also saith the Apostle first be proved then let them use the Office of a Deacon being found blameless and he saith further they must be the Husbands of one Wife ruling their Children and own Houses well 1 Tim. Chap. 3. ver 8 9 10 and 12. What Qualifications the Law requires in them Thus far speaks S. Paul now observe that the Law requires that every one that intends to be a Parson must Regularly be of free Condition and not Criminous Out-law'd nor Excommunicate nor a Jew Miscâ—eant Infidel Schismatick or Heretick He must also be Conformable to the Government and Doctrine of the Church of England and by the Statute of the 13 Eliz. he must be 24 years of age 13 Eliz. cap. 12. vide 5 H. 7. 20. a. 14 H. 7. 28 b. Co. Rep. 5. lib. 58. a. Degs Parson's Counsellor cap. 1. The difference between Malum in se and Mala Neither is one capable of being a Parson Vicar c. If he be guilty of Murther Manslaughter Perjury Foriury or other foul crime That is Malum in se and in this case it matters not whether the party be Convict of this crime or no so that the Ordinary have certain knowledge thereof but for a Man to be guilty of haunting of Ale-houses or a player at unlawfull games which are only Mala Prohibita and not Mala in se it is no Impediment to his heiâ—â—â— Parson Vicar c. Co. Rep. 5. lib. f. 58. 〈◊〉 38. E. 3. f. 2. b. Dyeâ—s Rep. French f. 293. b. and 254. b. and vide Rolls Cases 2. parte fo 355. z. 1. 4. 5. 6. 8. Every Minister ought to be learned in the Language the People speak and understand Every Parson Vicar c. must also be competently well learned and skilled in the Language the People speak and understand where he is to be Parson Vicar c. otherwise the Bishop may refuse him as it was resolved in the Case of one Albany in a Quare Impedit against the Bishop of S. Asaph where the Bishop pleaded that the service of the Church to which the Presentee was presented was in the Welsh Tongue and that the Parishoners understood not the English and that the Presentee could not speak Welsh and therefore he refused him And all the Justices held this to be a good Cause of refusal for if he understand not them nor they him he cannot instruct his sâ—ock according to his duty and charge m. 30. and 31 Eliz. B. R. Albany and the Bishop of S. Asaph's Case Cro. Eliz f. 119. pl. 5. Deg. cap. 1. Ordination to be but four times in the Year Note that Ordination is to be but four times in the Year that is to sayâ— the Sunday immediately following the four Ember weeks and no Man is to be made Deacon and Minister together upon one Day Can. 31. and 32. The penalty of obtaining Orders corruptly And by the 13 of Eliz. it is enacted that if any Person or Persons whatsoever shall or do at any time receive or take any Money Fee Reward or any other profit directly or indirectly or shall take any Promise Agreement Covenant Bond or other assurance to receive any Money Fee Reward or any other profit directly or indirectly either to him or themselves or to any other of their or any of their Friends all Ordinary and Lawfull Fees only excepted for or to procure the Ordaining or making of any Minister or Ministers or giving of Orders or Licence or Licences to Preach that every Person and Persons so offending shall for every such offence forfeit forty Pounds and the party so corruptly Ordained or made Minister or taking Orders shall forfeit ten Pounds And if at any time within seven Years next after such corrupt entring into the Ministery or receiving Orders he shall accept or take any Benefice Living or Promotion Ecclesiastical that immediately from and after the Induction Investing or Installation thereof or thereunto had the same Benefice c. shall be meerly void And that the Patron or Person to whom the Advowson Gift Presentation or Collation shall by Law appertain may present or collate unto give or dispose of the same Benefice c. in such