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
327. a. pl. 4. Not Reading the Artiâ—les c. makes the Living â—oiâ— Note this Case following one Higden was lawfully Presented Admitted Instituted and Inducted into the Rectory of Wringlington in Somerset shire being a Benefice with Cure of Souls of Fifty pounds Per annum and in the King's Books but of Five pounds Per annum and afterwards he was lawfully Presented Admitted Instituted and Inducted into the Rectory of Elme in the same County of Forty pounds Per annum and but Ten pounds in the King's Books and Subscribed the Articles of Religion according to the Act 13 Eliz. Cap. 12. and was lawfully Incumbent of the said Rectory of Elme but after did not read the Articles of Religion within two Months after his Induction to the Church of Elme according to the Act 13 Eliz. And in this Case it was Adjudged that Higden had lost both his Livings for as to the first Living if a Man have a Benefice with Cure of Souls whatsoever the value be and is Admitted and Instituted into another Benefice with Cure of what value soever having no Qualification or Dispensation the first Benefice is so ipso facto void that the Patron may present another to it if he please but if the Patron do not or will not present to it then no Lapse shall Incur if the Living be under value until deprivation of the Incumbent and notice thereof given to the Patron but if the Living be of the value of Eight pounds or above the Patron at his Peril is to present within Six Months by the Statute 21 H. 8. and as to the Second Living by his not reading the Articles he stands deprived ipso facto and so both are lost H. 22 23. Car. 2. C. B. Shute and Higden's Case Vaugh. Rep. f. 129. Note that a Dispensation granted by A Dispensation good though not Inroâ—â—ed the Arch-bishop of Canterbury to one who is Created Bishop to hold a Benefice in Commendam although it be not Inrolled in Chancery according to the Statute 25 H. 8. but is only entered in the Register of the Arch-bishop yet it is good enough and so it was Adjudged M. 6. 7. Eliz. C. B. in the Case of John Parkhurst Bishop of Norwich Dyer f. 233. a. Doder pa. 94. A Dâ—spensation after Consecration is too late But such Dispensation must be before Consecration or else it comes too late yet the King ex summa Authoritate Ecclesiastica qua fungitur may Grant to the Bishop that is Consecrated power to take and Retain by Presentation Institution and Induction any Spiritual Benefice and to hold the same in Commendam notwithstanding his Estate of being Bishop for so the Pope used to do and the same Authority is acknowledged by the Statute 25 H. 8. to be in the King of this Realm which was within this Realm by the Pope Doder pa. 95. By the Statute 13 Eliz. None shall Who qualified for a Living of Thirty pounds c. be admitted to any Benefice with Cure of or above the value of Thirty pounds yearly in the Queens Books unless he be a Batchellor in Divinity or a Preacher lawfully Licensed by some Bishop within this Realm or by one of the Universities of Cambridge or Oxford 13 Eliz. cap. 13. Acceptance of Three Benefices the first only void If a Parson have a Benefice of above the yearly value of Eight pounds and afterwards he takes another Benefice with a Dispensation and after this he takes a Third Benefice his first Benefice is only void Adjudged per Curiam M. 5. Jac. C. B. Godb. Rep. pa. 153. pl. 201. but it said by Heron in Noye's Rep. that both the first and second shall be void vide the King and the Bishop of Chichester's Case Noye's Rep. f. 149. A Suffragan Bishop capable of plurality By the Statute 26 H. 8. every Bishop's Suffragan exercising the Office by the Bishop's Commission for the better maintenance of his Dignity may have two Benefices with Cure 26 H. 8. cap. 14. and note that the Eight pounds value of a Church shall be according to the valuation in the King's Books and not according to the Improved and just value 8. Car. 1. C. B. Drake and Hill's Case Cro. Car. f. 456. there cited to have been so Adjudged Note by the Statute 21 H. 8. It is The penalty of Non-residence enacted that every Spiritual Person promoted to any Arch-deaconry Deanry or Dignity in any Cathedral Church or other Church Conventual or Collegiate or being Beneficed with any Parsonage or Vicarage shall be Personally Resident and abiding in at and upon his said Dignity Prebend or Benefice or at one of them at the least and in Case that any such Spiritual Person keep not Residence at one of his said Spiritual Dignities Prebend or Benefices as aforesaid but absent himself willfully by the space of one Month together or by the space of two Months to be accounted at several times in any one year and make his Residence and Abiding in any other places by such times then he shall forfeit for every such default Ten pounds Sterling the one half thereof to the King's Majesty and the other half to the Party that will Sue for the same in any of the King's Courts by Original Writ of Debt Bill Plaint c. 21 H. 8. cap. 13. But it is provided that this Act of Who excuseable for Non-residence Non-residence shall not in any wise extend nor be prejudicial to any such Spiritual Person as shall chance to be in the King's Service beyond the Seas nor to any Person or Persons going to any Pilgrimage or Holy place beyond the Sea during the time that they shall be so in the King's Service or in the Pilgrimage going and returning home nor to any Schollar or Schollars being Conversant and abiding for Study without Fraud or Covin at any University within this Realm or without nor to any of the Chaplains of the King 's or Queen's daily or quarterly attending and abiding in the King 's or Queen's most Honourable Households nor to any of the Chaplains of the Prince or Princess or any the King 's or Queen's Children Brethren or Sisters nor to any Chaplain of any Arch-bishop or Bishops or of any Spiritual or Temporal Lords of the Parliament nor to any Chaplain of any Dutchess Marquess Countess Vicecountess or Baroness nor to any Chaplain of the Lord Chancellour or Treasurer of England the King's Chamberlain or Steward of his Household for the time being nor to any Chaplain of any of the Knights of the honourable Order of the Garter or of the Chief Justice of the King's Bench Warden of the Cinque Ports or of the Master of the Rolls nor to any Chaplain of the King's Secretary and Dean of the Chapel or Almner for the time being dayly attending and dwelling in any of their Honourable House-holds during the time that any such Chaplain or Chaplains shall abide and dwell
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
Masters or Mistresses neglecting to send their Children Servants or Apprentices to be Catechised or the Servants or Apprentices refusing to go to learn are to be suspended and if they persist so by the space of a Month then to be Excommunicated And every Minister that hath cure is to prepare make able and procure as many as he can to be brought and confirmed by the Bishop and every Bishop or his Suffragan in his accustomed Visitation is in his own Person to Confirm such and if in that Year by reason of some Infirmity he is not able Personally to Visit then he is not to omit it the next Year after And no Minister upon pein of Suspension ipso facto for three Years is to celebrate Matrimony between any Persons without a Faculty or Licence granted by such as have Episcopal Authority or the Commissary for Faculties Vicars General of the Archbishops and Bishops Sede plena or Sede vacante the Guardian of the Spiritualities or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively except the Banes of Matrimony have been published three several Sundays or Holydays in the time of Divine Service in the Parish Churches or Chapels where the said parties dwell neither shall any Minister under the like pein Marry any such Licensed Persons in any other place but in the Church or Chapel where one of them dwelleth and between the hours of eight and twelve in the Forenoon in time of Divine Service nor when Banes are thrice asked and no Licence necessary till the Parents or Governors of the parties to be Married being under the age of one and twenty Years shall either personally or by sufficient Testimony signify to him their consents to the said Marriage And if any Minister under colour of any peculiar Liberty or Privilege claimed to appertain to certain Churches shall offend herein he may be suspended for three Years by the Ordinary of the place where the offence was committed and if the Minister remove from such place before suspension then may the Ordinary of the place where he remaineth upon the other Ordinarie's Certificate under Hand and Seal execute that censure upon him Can. 59 60 61 62 63 101. Every Parson Vicar or Curate is Ministers to bid Holy-days conferr with Recusants c. solemnly to bid Holy-days or Fasting-days the Sunday before they fall as the Common-Prayer Book directs and all Ministers are solemnly in time of Divine Service in their Parish Churches upon some Sunday to denounce Recusants and Persons Excommunicate and every Preaching Minister having any Popish Recusant or Recusants in his Parish is to confer with them to see if he can reclaim them from their Errors The Minister also or Curate when any Person is sick in their Parish having knowledge thereof if the disease be not known or probably suspected to be Infectious are to repair to instruct and comfort them after the Order of the Communion Book if he be no Preacher and if he be a Preacher then as he shall think most convenient and when any is dying then a Bell shall be tolled and the Minister then is to perform his last duty and after the party's death if it so fall out there shall be rung no more but one short Peal and one other before the Burial and one other after the Burial And no Minister without the Bishop's Licence under Hand and Seal is to keep any solemn Feasts either in publick or in private Houses other than such as by Law are or shall be appointed nor shall be willingly present at any of them under pein of suspension the first fault Excommunication the second and deposition from the Ministery the third Nor shall any Minister without such Licence as aforesaid hold any meetings for Sermons termed Prophesies or Exercises in Market Towns or elsewhere under the same peins neither may any Minister upon any pretence whatsoever either of possession or obsession by Fasting and Prayer attempt to cast out any Divil or Divils under pein of being accounted an Impostor and to be deposed from the Ministery And no Priests or Ministers of the Word of God are to hold private Conventicles which may in any way tend to the impeaching or depraving of the Doctrine of the Church of England or Book of Common-Prayer or any part of the Discipline established in the Church of England upon pein of Excommunication ipso facto Can. 64 65 66 67. 72 73. The Penalty for Preaching or Teaching that eating Fish or forbearing Flesh is of necessity to Salvation If any Minister or other Person by Preaching Teaching Writing or open Speech maintain the eating of Fish or forbearing of Flesh to be of necessity to Salvation or the Service of God otherwise than other publick Laws are and be they may be punished as spreaders of false News by the stat 5 Eliz. and it is there also enacted that if any Parson Vicar or Curate do Licence any Person to eat Flesh on Fish days other than such who are sick and evidently appear to have need thereof by reason of their sickness the Licence shall be void and every such Parson Vicar or Curate shall forfeit for every such Licence otherwise granted five Marks the Offence to be prosecuted within half a Year after it is committed or else no loss or forfeiture to be answered 5 Eliz. cap. 5. If any Minister or other Person during The Penalty for declaring that the K. is an Heretick c. the King's life do maliciously and advisedly by Writing Printing Preaching or other Speaking publish or declare that the King is an Heretick or Papist or that he endeavours to introduce Popery or if they incite or stir up the people to the hatred or dislike of his Person or Government and being thereof Legally convicted such person so offending is made incapable of holding injoying or exercising any place office or promotion Ecclesiastical Civil or Military and if they preach or maintain c. that the Parliament begun the third of November 1640. is yet in being or that there is any Obligation on the King or any other person from any Oath Covenant or Ingagement whatsoever to change the Government in Church or State or that the two Houses of Parliament or either of them have a Legislative power without the King such person offending herein incurs the danger and penalty of a praemunire 13 Car. 2. Cap. 1. What Statutes Ministers are to reade in their Churches Every Minister is once every year in his Church upon some Sunday in the time of the greatest Assembly to reade the Statute of the 5 and 6 Eliz. 6. cap. 1. and shew the power and effect of the unanimous Prayers of God's people in their necessities and every Minister is also every year the Sunday before the fifth day of November publickly to reade to his Parishioners in his Church after Morning-Prayer or Preaching the Statute of the 3 Jac. cap. 1. And they are also twice every
3 cap. 5. and by the 1 R. 2. if any offend herein and be thereof duly Convict he is to be Imprisoned and Ransomed at the King's Will and must make agreement with the party 1 R. 2 cap. 15. vide Boulstr Rep. 2 part f. 72 and Cro. Jac. f. 321. pl. 4. and Brow Rep. 2 part f. 301. A Clergy-man guilty of Felony not to be burnt the Hand in If a Clerk in Holy Orders be Convicted of any crime for which the benefit of Clergy is allowable upon producing his Orders he shall not be burnt in the Hand and if he have not his Orders the Court ex gratia may give him time to produce them and if afterwards he be Convicted again he shall have his Clergy again and so ad Infinitum and though the party that may have benefit of his Clergy must pray it the Court not being bound to tender it ex Officio yet the 22 E. 3 F. Coronae 254. says that if the Judge know him to be a Clerk they will not give Judgment though he pray not his Clergy vide 4 H. 7 cap. 13. and see Searle and William's Case Hob. Rep. f. 288. and 294. By the Register it appears that Spiritual Ministers to be excused from paying Tell c. and Ecclesiastical Persons are to be quit of and from the payment of Toll in Fairs and Markets for the Goods and Merchandizes which they buy to be spent on their Rectories and Church Livings and for such Goods and Merchandizes as are gotten on their Church Livings and they are also to be quit of Murage Pontage and Pannage and the like and if they be troubled for payment thereof they may have a Writ out of the Chancery commanding the parties to desist and so an Alias Plures and then an Attachment and the Form of the Writ de essendi quietum de Toloneo runs thus Rex c. Ballivis suis de B. salutem cum Personae Ecclesiasticae secundum consuetudinem bactenus in Regno nostro usitatam approbatam ad Toloneum Pannagium Muragium de bonis suis Ecclesiasticis alicubi in eodem Regno prestand nullatenus teneantur vobis praecipimus quod R. B. Personam de L. c. vide Regist f. 260. F. N. B. 227. F. 228. A. Co. 2 part Inst f. 4. Clergy-men are not to be chosen into Temporal petty Offices And if a Clergy-man who holdeth certain Lands and Tenements by reason of his said Lands ought to be chosen Bailiff Beadle or Reeve or in such like Office for his Lands and by reason thereof shall be chosen into such Office he may discharge himself by Writ out of the Chancery as followeth Rex c. Ballivis de L. salutem cum secundum Legem consuetudinem Regni Nostri Angliae clerici infra sacros Ordines constituti ad Officium Ballivi eligi non debent nec bactenus consueverunt ac jam ex parte W. M. c. There is also the Form of a Writ in F. N. B. to free them if they be distrayned by the Sheriffs or Collectors of Tenths or Fifteens in their Spiritual Possessions antiently belonging to their Churches by their Goods there Register f. 187 188. F. N. B. 175 B. 176. A. Co. Inst 2 part f. 3. 628. Ecclesiastical Persons ought not in They are not bound Persâ—nally to serve in War c. Person to serve in War and in an action brought against a Clergy-man wherein a Capias lieth as in Trespass Debt Account c. If the Sheriff return quod clericus est Beneficiatus nullum habens Laicum feodum in which he may be summoned in this Case the Plaintiff cannot have a Capias to the Sheriff to take his Body but he must have a Writ to the Bishop to cause him to come and appear but if the Sheriff return quod Clericus est nullum habens Laicum feodum then a Capias may be granted to the Sheriff because it appears not by the return that he is Beneficiatus so as he may be warned by the Bishop so note the deversity vide 18 E. 3. proc 205. 9 E. 3. 30. 32 E. 3. Process 58. 21 H. 6. 16. 34 E. 3. scire fac 153. Co. Inst 2. part f. A Clergy Man's Body not to be taken upon a Statute acknowledged If any Ecclesiastical Person acknowledge a Statute Merchant or Statute Staple or a Recognizance in the Nature of a Statute Staple his Body shall not be taken by force of any Process thereupon for the Writ runs Si Laicus sit and if he be bound in a Recognizance in the Chancery or any other Court c. and pay not the summ at the day by the Common Law if he had nothing but Ecclesiastical Goods the Recognizee could not have had a Levari facias to the Sheriffs to Levye but the Writ was to be directed to the Bishop of the Diocess to Levye the same upon his Ecclesiastical Goods but now by the Statute of Westminster 2. cap. 18. the Recognizee may sue forth an Elegit directed to the Sheriff to have Execution of the Moiety of his Lands and of all his Goods and Chattels except his Beasts of his Plough Regist f. 300. 16 E. 3. Process 165. F. N. B. 266. A. B. Co. Inst 2 part f. 4. What Remedy Ministers have if the may be stepâ— where they should â—eade their Tythes If any of the Parishioners do disturb their Parson or Vicar to carry his Tythes by the usual ways and passages the Parson may sue in the Spiritual Court for the disturbance and if the other party sue a Prohibition upon the matter sued a Consultation shall be granted F. N. B. 51 A. In the 25 H. 8 There was a Statute made against the excessive number of Ministers may keep what number of sheep they pleâ—se Sheep wherein there is a Proviso that it might be Lawfull to all Spiritual Persons and every of them to keep such and so many Sheep upon their own Lands as they might have done before the making of the said Act 25 H. 8. cap. 13. The Priviledge of the Clergy and their Servants in the Convocation Note that the Clergy of the Kingdom called to the Convocation by the King 's Writ and their Servants and Families shall have such privileges in coming tarrying and going as the great Men and Communality of this Realm called to the King's Parliament do injoy 1 H. 6. cap. 1. Co. Inst 4 part f. 323. The punishment for disturbing Ministers If any Person or Persons of their own Power or Authority do or shall willingly and of purpose by open and overt Word Fact Act or Deed maliciously or contemptuously molest let disturb vex or trouble or by any other unlawfull ways and means disquiet or misuse any Preacher or Preachers Licensed allowed or Authorized to Preach by any Archbishop or Bishop of this Realm or by any other Lawfull Ordinary or by either of
her self but her Husband shall present either in his own Name or else in both their Names together but the Queen of England is as a Feme Sole and may present to any Church without the King also Men Outlaw'd or Excommunicate c. may present and their presentments shall stand good till they be avoided by Plea 9 H. 6. 5. 17 E. 3. 9. 3 H. 7. 14. Hughe's cap. 22. One may have the Presentation and another the Nâ—mination to a Living And note that one may have the Presentation and another the Nomination to a Living and so they may be Divers distinct Inheritances As if I being seized of an Advowson in fee do grant to B. and his Heirs that he and his Heirs every time the Church becometh void shall Nominate to me a Person to be presented to the same Church which Person so Nominated I or my Heirs shall present to the Ordinary of the place to be admitted accordingly into the Church And it hath been a question in this Case who shall be said to be Patron of the Church some think he that hath the Nomination and that he that ought to present is only as servant to him that hath the Nomination vide 24 E. 3. 70. 14 H. 4. 11. a. 1 H. 5. 2. F. N. B. 33 B. Doder p. 65. Plo. Com. 157. Where one hath the Presentation and another the Nomination who shall be Patron And therefore in the 14 E. 4. 2. b. the Justices distinguished that if one be seized of an Advowson and granteth to I. S. and his Heirs to Nominate at every avoidance to him and his Heirs a Person to be presented to the same Church which Person so Nominated shall be by him or his Heirs presented to the Ordinary that in this Case he to whom the Nomination is so granted shall be Patron But if I grant to I. S. that at every avoidance he shall Nominate to me two Clerks of which I shall present one to the Bishop in this Case I remain Patron because the Election is in me which of the parties named shall be presented and have the Benefice Doder pa. 65. 14 E. 4. 2. b. Smith and Clayton's Case 32 H. 8. 48. And if one have the Nomination Where a Title of Presentation accrews to the King it shall prejudice the Nominator and another the Presentation if such Right of Presentation accrue to the King this shall not prejudice the Inheritance of him that hath the Nomination but he shall Nominate to the Chancellor still who in the name of the King shall present to the Ordinary and if the King present without any such Nomination the Nominator shall bring his Quare Impedit against the Incumbent only because the King cannot be termed an Usurper Doder pa. 69. Where an Incumbent is made Bishop the King shall present If the King create a common Person who is Incumbent on a Living Bishop then the King shall have the Presentation of that Living hac vicâ— and not the Patron though the Law formerly hath been otherwise taken and if a Church be void to which thâ— Bishop hath Title to present as Patronâ— in respect of his Temporalties if hâ— dye before Presentment the King shalâ— have the Presentation by reason â—â— the Temporalties and not the Executors of the Bishop and so in like casâ— if the Church become void after thâ— Bishop's Death and before the seizuâ— of the Temporalties yet the King shalâ— have the Presentment 50 E. 3. 26. 9 H. 6. 16. b. admit 24 E. 3. 26. b. 12 E. 3. Quare Impedit 56. 21 E. 3. 6. b. 29 E. 3.44 24 E. 3. 30. adjudg Roll's Cases 2 part f. 343. C. 3 4 D. 5. 345 E. 4. 366 Z. 2. vide P. 37 Eliz. Rot. 1427. Wright's Case M. Rep. f. 399. pl. 522. and see Cro. Jac. f. 692. In what Cases the King may present where a Bishop is Patron If the Church of the Patronage of a Bishop Abbot or Prior be void and the Bishop c. present and after dye before Institution the King by his Prerogative may present to the said Church and if the Bishop live till Institution and dye before Induction in this case also the King may present by his Prerogative Liber Par. 21 E. 1. the Prior of Bermundsie's Case adjudged in Parliament F. N. B. 34 K. 38 E. 3 4. Roll's Cases 2 part f. 345 E. 6. vide Savill's Rep. f. 119. Where a Bishop helds a Living in Commendam the Patron shall present after his Death Although the King by his Prerogative shall have the presentment where the Incumbent is made Bishop yet if the King grant to the said Incumbent before he is created Bishop a dispensation to retain the said Benefice with his Bishoprick and afterwards he is created Bishop and dies Incumbent in this Case the King shall not then present by his Prerogative but the Patron shall present because the Church is not void by reason of being made Bishop but by death of the Incumbent in which the Prerogative hath no place Co. Entr. 474. Hele's Case Roll's Cases 2 part f. 343. D. 2. or if the Bishop resign his Living it is the same vide p. 6. Eliz. C. B. Sir Henry Sydny's Case Dyer f. 228. pl. 48. Hob. Rep. f. 157. and p. 19. Car. 1. C. B. Edes and Bishop of Hereford's Case Vaugh. Rep. f. 18. A Composition to present not binding to the King If during the vacancy of the Arch-Bishop of York and his Temporalties being in the King's hands the Deanry become void the King shall present to it although that by Composition between the Arch-Bishop and the Chapter the Chapter is to chuse one of Right the Patronage belonging to the Arch-Bishop and the composition shall not binde the King who comes in paramount as supream Patron 17 E. 3. 40. adjudg Roll's Cases 2 part f. 343. C. 6. What shall serve for a turn If two men have Title to present by Turn and one of them presents and his Clerk is Admitted Instituted c. and afterwards he is deprived for Crime or Heresie or other cause yet he shall not present again but this shall serve for his turn so if he be meer Laicus or Illiterate who is presented admitted and Instituted c. although it be declared by Sentence that he was Incapable ab Initio yet because the Church was full till Sentence declaratory came he being Parson de facto although this deprivation relate to some purposes yet it shall serve for his turn Co. Rep. 6. Lib. f. 102. a. Roll's Cases 2 part f. 347 K. 2 3 348 L. 6. 7 Hob. Rep. f. 148. 149. vide M. 12. 13 Eliz. Dyer f. 292. b. Where a turn shall be lost If two Men present by turn and the first presents his Clerk who is Admitted Instituted and Inducted and afterwards the Church becomes void then the other presents in his turn whose Clerk is also admitted
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
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