Selected quad for the lemma: religion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
religion_n	king_n	law_n	majesty_n	3,064	5	5.9700	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A50670	The parson's monitor, consisting of such cases and matters as principally concern the clergy collected from the statute and common laws, as also the constitutions and canons ecclesiastical : confirmed 1 Jac. anno Dom. 1603 : together with the Articles of religion, authority of the convocation, privilege of churches and church-yards, payment of first-fruits and tenths, in whose name and style ecclesiastical courts are to be kept, and the process issuing out of the same are to run in, and with what seal to be sealed : with several other matters (never before extant) very material and necessary to be known by the clergy in general, and all persons concerned either as patron, or incumbent / by G. Meriton, gent.	Meriton, George, 1634-1711.	1681 (1681)	Wing M1808; ESTC R702	137,500	344

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

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 Scr●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 Misc●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 hei●●● Parson Vicar c. Co. Rep. 5. lib. f. 58. 〈◊〉 38. E. 3. f. 2. b. Dye●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 s●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 say● 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

the Holy Communion Excepted prescribed in the said Book in Greek Latin or Hebrew and all Men as well in Churches Chapels Oratories or other places may use openly any Psalms or Prayer taken out of the Bible at any time nor letting or omitting thereby the service or any part thereof mentioned in the Book of Common-Prayer 2. 3 Eliz. 6. cap. 1. If any Person or Persons who do not Conform and are disabled to Preach The Penalty against such persons who Preach and are disabled by 14. Car. 2. by the statute of the 14 Car. 2. shall during such time as they continue so disabled Preach any Sermon or Lecture that then for every such Offence the Person and Persons so offending are to suffer three Months Imprisonment in the common Goal without Bail and any two Justices of the Peace of the County and the Mayor or other chief Officer of any City or Town Corporate upon Certificate from the Ordinary of the place to him or them of the Offence committed may commit the Person or Persons to the Goal of the County City or Town Corporate accordingly 14 Car. 2. cap. 4. The Penalty for refusing to hear Common Prayer and being present and joyning with other Religious Assemblies If any Person or Persons above the age of sixteen Years shall obstinately refuse to repair to some Church Chapel or usual place of Common-Prayer and shall forbear by the space of a Month to hear Divine Service and shall either of him or themselves or by the perswasion of any others willingly joyn in or be present at any Assemblies Conventicles or Meetings under colour or pretence of the exercise of Religion contrary to the Laws and Statutes of this Realm every Person so offending and being Lawfully Convicted are to be committed to Prison there to remain without Bail till they Conform and yield to come to some Church Chapel or usual place of Common-Prayer and hear Divine Service established according to Law and make such open Submission and Declaration of their said Conformity as hereafter follows and if the Person offending shall not within three Months after Conviction Conform and make Submission being required thereunto by the Bishop of the Diocess or any Justice of the Peace of the County where the party is or by the Minister or Curate of the Parish then such Offender shall abjure the Realm and refusing to abjure or returning again after abjuration without the King's Licence shall be adjudged a Felon and suffer as a Felon But if such party before he be warned to make abjuration do repair to some Parish Church on some Sunday or Feastival day and hear Divine Service and before Sermon time or reading of the Gospel and make open Submission then the Offender is to be clearly discharged from all the Penalties and Punishments aforesaid 35 Eliz. cap. 1. 16 Car. 2. cap. 4. Popish Re●usant and Feme Covert not to abjure No Popish Recusant or Feme Covert shall be compelled to abjure by virtue of the said Act 35 Eliz. and every Person that shall abjure by virtue thereof or refuse to abjure shall forfeit to the King's Majesty all his Goods and Chattels for ever and loose all his Lands and Tenements during his Life but the Wife not to loose her Dower nor any Corruption of Blood to be for any of the said Offences and the Heir to enjoy the Lands and Tenements after the Offender's Death 35 Eliz. cap. 1. The Form of Submission The Form of the Submission aforementioned is to be in these words viz. I. A. B. do humbly confess and acknowledge that I have grievously offended God in contemning his Majestie 's Godly and Lawfull Government and Authority by absenting my self from Church and from hearing Divine Service contrary to the Godly Laws and Statutes of this Realm and in using and frequenting disordered unlawfull Conventicles and Assemblies under pretence and Colour of Exercise of Religion And I am heartily sorry for the same and do acknowledge and testify in my Conscience that no other Person hath or ought to have any Power or Authority over his Majesty And I do promise and protest without any dissimulation or any colour or means of any dispensation that from henceforth I will from time to time obey and perform his Majestie 's Laws and Statutes in repairing to the Church and hearing Divine Service and to my uttermost endeavour to maintain and defend the same 35 Eliz. cap. 1. The Penalty of Relapsing after Submission Note That if after such Submission the Offender Relaps then he looseth all advantage got by his Submission and shall be in the same condition as if such Submission had never been made And every Minister or Curate of every Parish where such Submission is made is to enter the same into a Book to be kept for that purpose and within ten days then next following to Certifie the same in writing to the Bishop of the same Diocess 35 Eliz. cap. 1. this stat is declared to be still in force by the 16 Car. 2. cap. 4. Observe That the Governour or Masters of Coll●ges c. to Subscribe to the Articles of Religion and Book of Common-Prayer c. Head of every College and Hall in either of the Universities and the Colleges of Westminster Winchester and Eaton within one Month after his Election or Collation and Admission into the said Government or Headship must openly and publickly in the Church Chapel or other publick place of the same College or Hall and in the presence of the Fellows and Schollars of the same or the greater part of them then Resident Subscribe unto the Book of Articles of Religion and declare his unfeigned assent and consent unto and approbation of the same and to the use of all the Prayers Rites and Ceremonies Forms and Orders in the Book of Common-Prayer And they must also once every quarter of a Year at least not having a Lawfull Impediment openly and publickly read the Morning Prayer and Service in and by the said Book appointed to be read in the Church Chapel or other publick place of the same College or Hall upon pein to loose and be suspended of and from all the benefits and profits belonging to the same Government and Headship by the space of six Months by the visitor or visitors of the same College or Hall and being suspended for the causes aforesaid if they do not at or before the end of six Months after such suspension Subscribe unto the said Articles and Book and declare their consent thereunto as aforesaid or read the Morning Prayer and Service as aforesaid then such Government or Headship shall be ipso facto void 14 Car. 2. cap. 4. If any Person Ecclesiastical or having Ecclesiastical Living shall advisedly The punishment for affirming any Doctrine contrary to the 39 Articles of Religion or any of them maintain or affirm any Doctrine directly contrary or repugnant to any of the nine and thirty Articles

of Religion and being Convented before the Bishop of the Diocess or the Ordinary shall persist therein or not revoke his Error or after such revocation affirm the same again either of these Offences shall be just cause to deprive such Person of his Ecclesiastical Promotions and the Bishop of the Diocess or the Ordinary may deprive him 13 Eliz. cap. 12. The Sacrament to be Administred in both kinds Every Minister is to administer the Sacrament of the Lord's Supper in both kinds that is to say of Bread and Wine to every Person that humbly and devoutly desires it and shall at least one day before exhort the People to prepare themselves for it 1 Eliz. 6 cap. 1. And the forfeiture for using any other Form of Administration of the Sacraments of Baptism and the Lord's Supper than is set down in the Book of Common Prayer for the first second and third Offence you may see before in this Chapter The Penalty for depraving the Sacrament of the Lord's Supper or Administring the same not being Ordained a Priest If any Person shall deprave despise or contemn the Sacrament of the Lord's Supper by any contemptuous words and be thereof lawfully convicted within three Months after such Offence committed by a Jury of twelve men upon the Testimony of two lawful Witnesses in any of the four quarter Sessions he is to be Imprisoned and make Fine and Ransome at the King's Will and Pleasure 1 Eliz. 6. cap. 1. And he that shall Administer the Sacrament of the Lord's Supper who is not Ordained a Priest according to the Book of Common Prayer forfeits an hundred pounds 14 Car. 2 cap. 4. Ministers to give notice the Sunday before they Administer the Sacrament the Parishioners to Communicate three times in the year and every Minister who keeps a Curate must twice every year Administer the Sacraments himself c. Every Minister is to give warning to his Parishioners publickly in his Parish Church at Morning Prayer the Sunday before every time of his Administring the Sacrament for their better preparing of themselves and every Parishioner is to Communicate at the least three times in the year whereof Easter is to be one and the Minister is first to receive it himself and deliver it in both kinds to every Communicant severally and no Bread and Wine newly brought in must be used before the words of Institution be rehearsed when the Bread and Wine are upon the Table and every Minister possessed of a Benefice with Cure who keeps a Curate under him and every other Stipendary Preacher that readeth any Lecture Catechiseth or Preacheth in any Church or Chapel must twice every year upon two several Sundays Forenoon and Afternoon in his Church or Chapel read Divine Service himself and as often every year Administer the Sacraments of Baptism if there be any to be Baptised and of the Lord's Supper upon pain of Suspension or Removal from his place by the Bishop of the Diocess until he submit to perform the said Duties And no Minister is to Preach or Administer the Communion in any private house except in Case of Necessity where one is so Impotent that he cannot goe to the Church and being dangerously sick desires to receive the Communion upon pein of Suspension for the first Offence and Excommunication for the second but in houses where there are Chapels allowed by the Ecclesiastical Laws the Chaplains may Preach or Administer the Communion in such houses in the Chapels there only but the Lords and Masters of such houses and their Families must receive the Communion at least once every year in their own Parish Churches and no person is to refuse the Communion at the hands of an unpreaching Minister upon pein of Suspension and Excommunication after a Months obstinacy and if any Parson Vicar or Curate receive any such Persons to the Communion which are out of his own Church and Parish thereby strengthening them in their Errors he may be Suspended and not released thereof till he promise not to offend therein afterwards Car. 21 22. 56 57 71. Note that the Communion is to be Administred in all Colleges and Halls The Communion to be Administred in Colleges c. the first or second Sunday in every Month c. within both the Universities the first or second Sunday of every Month and the Masters Fellows and Schollers and all the rest of the Students Officers and all other the Servants are to Communicate four times in the year at the least kneeling decently upon their knees when they receive it and all Deans Wardens Masters or Heads of Cathedral and Collegiate Churches Prebendaries Cannons Vicars petty Cannons Singing-men and all others are also to Communicate four times in the year and in all Cathedral and Collegiate Churches it is to be Administred on principal Feast-days sometimes by the Bishop if then present and sometimes by the Dean and at sometimes by a Cannon or Prebendary the principal Minister using a decent Cope and being assisted with the Gospeller or Epistler and in such Cathedral and Collegiate Churches in time of Divine Service and Prayers when there is no Communion it is sufficient to wear Surplices onely but all Deans Masters and Heads of Collegiate Churches and Cannons and Prebendaries being Graduates are to wear such Hoods with their Surplices as are agreeable to their degrees and all Ministers saying the publick Prayers or Administring the Sacraments or other Rites of the Church are to wear decent Surplices with sleeves to be provided at the charge of the Parish and such as are Graduates must upon their Surplices at such times wear such Hoods as are agreeable to their degrees which no Minister must wear being no Graduate under pain of Suspension but such as are no Graduates may instead of Hoods wear some decent Tippet of black so it be not Silk Can. 23 24. 25. 58. What Parsons Ministers may refuse to admit to the Communion No Minister is to admit to the receiving the Holy Communion any of his Parishoners who are openly known to live notoriously in sin without repentance nor such as are at variance with their Neighbours till Reconciliation nor any Church-Wardens or Sidemen who have neglected or refused to present such publick Offences as they themselves know are committed within their Parishes or are notoriously offensive to the Congregation there nor are the Ministers to give Communion to any but such as kneel nor to any that refuse to be present at publick Prayers or deprave publickly the Book of Common-Prayer or any thing that is contained in the nine and thirty Articles of Religion or in the Book of ordering Priests and Bishops nor to any that have spoken against his Majestie 's Supremacy under pein to be suspended unless every such person do first acknowledge to the Minister before the Church-Wardens his Repentance for the same and promise by word if he cannot write to doe so no more and if he can write then

are Capacitated to have Chaplains by the Statute are in the Life-time of their Lords preferred to Two Benefices according to the Statute if their Lords dye afterwards they may notwithstanding keep their Livings but although they be Resident upon one of them yet they shall be punished for Non-Residence upon the other as my Lord Cooke saith it was Adjudged in Parson Boyton's Ca●● and therefore it behoves such Persons to obtain of the King a Non-obstante the like Law is when a Baron is Attainted of Treason or Felony or when any Officers who may have Chaplains are removed from their Office sic de similibus Co. Rep. 4. Lib. fo 119. a. Dyer fo 312. b. An Infant Lord may qu●lifie Chaplains It is said to be Adjudged that if an Earl or other Lord that is an Infant be in the Guardian ship of another Lord and live in the House with him yet he may Retain and Qualifie Chaplains by the Statute for the words of the Act are general and although the Guardian be a Noble-man and have Chaplains allowed him by the said Act yet the Pupil may Retain Chaplains also p. 44. El. in a Quare Impedit between the Queen and the Bishop of Salisbury and others Co. Rep. 4. Lib. fo 119. a. The Marriage of a Wid●ow doth not incapacitate per Chaplaing R●tained before If a Baroness who is a Widdow Retain Two Chaplains and they purchase a Dispensation and then the Baroness Marries either to a Noble-man or one below the degree of Nobility before the Chaplains accept a double Benefice yet this is no Countermand discharge or disability to them no more it is if her Second Husband dyes and she is a Widdow again but if she dyes before they are preferred then it is otherwise M. 44 45. El. C. B. The Queen and Bishop of Peterborough and Acton and Cartmell's Case Co. Rep. 4. Lib. fo 117. and Moo Rep. fo 678. pl. 922. If a Lord retain his double number of Chaplains the first are only qual●fied for plurality c. If a Lord retain his double number of Chaplains at one time as if a Baron who is to have Three Retain Six by his Letters Testimonial and all these Six are preferred to six several pluralities in this Case the Three which are first promoted are warranted by the Statute and yet the Retainer was not according to the Statute in aequali Jure melior est Conditio possidentis and the other Three last are not by the Statute Reputed for his Chaplains so long as the first Three who are promoted by his Service do Live for otherwise the Statute should be defrauded and by the opinion of Catlyn Sanders and Dyer where the Chaplain of a Lord hath two Benifices with Cure without a special Licence or Dispensation of the Metropolitan he is not in danger to loose his Plurality by force of the Statute of 21 H. 8. for the words are not that he ought to Sue for a Licence c. but that he may Sue for a Licence c. but notwithstanding such Chaplains fall within the danger of the Spiritual Law Tr. 14. Eliz. C. B. Dyer f. 312. b. pl. 88. vide Co. Rep. 4. Lib. f. 90. a. Dispensation after Institution comes too late Where one is possessed of a Benefice with Cure and being Qualified is presented to a Second Benefice and is admitted and Instituted to the same and before his Induction he procures a Dispensation in this Case the Dispensation comes too late for upon the bare Institution Ecclesia plena consulta existit against all Persons but the King for by the Institution he is compleat Parson if he Subscribe to the Articles of Religion as to the Spiritualities to wit Cura Animarum and may Celebrate Divine Service Preach c. but as to the Temporalties as the Glebe Land Tythes c. he hath no Right or can Sue for them till Induction and before the Statute 21 H. 8. the acceptance of a Second Living whatsoever the value of the first were made the first void as appeareth by a Canon made in the year 1215. at the Council of Lateran held under Pope Innocent the Third the Tenor whereof is here inserted Statutum est quod quicunque receperit aliquod Beneficium habens Curam Animarum annexam si prius tale Benesicium obtinebat eo sit Jure privatus si forte illud retinere contenderit aliam etiam spolietur Is quoque ad quem prior●s spectat donatio illud post receptionem alterius conferat cui merito viderit Conferendum by which it appears that by the acceptance of a Second Benefice the first is void ipso Jure and the Patron may present if he please And it was resolved that a grand Inconvenience would ensue if the first Benefice should not be void by Institution to the Second for then one might be Instituted to diverse Benefices with Cure so that he could not be able to discharge them all and yet no other could be presented to any of them which would be inconvenient And it hath been adjudged that where one is Presented Admitted and Instituted to a Benefice with Cure above the value of Eight pounds Per annum and afterwards before his Induction he accepts another Benefice with Cure and is Inducted into it that by this the first is void by the Statute 21 H. 8. for the words of the Act are If any Person having one Benefice with Cure c. accept and take another c. and he which is Instituted to a Benefice is said in Law to have accepted a Benefice and to have a Benefice H. 41. Eliz. B. R. Digby's Case Co. Rep. 4. Lib. f. 78. b. M. Rep. f. 433. pl. 609. the same Case by the Name of Robin's and Gerrard and Prince there and see p. 31. Eliz. B. R. Vnderhill and Savage's Case Leon. Rep. 1. part f. 316. pl. 442. Vaugh. Rep. f. 131. Co. 2. part Inst f. 358. H. 43. Eliz. C. B. Robin's and James's Case Gouldes Rep. part 162. pl. 97. p. 15. Jac. C. B. Morgan and Glover's Case Dispensation for Triality not good A Chaplain of the Arch-bishop of Canterbury having a Benefice of the Queens Guift procured a Dispensation of the Arch-bishop of Canterbury his Lord and Master to have a Triality the Queen under her Great Seal Confirmed the Dispensation with these words Scil. Ita quod omnibus singulis in iisdem Literis specificat frui uti potiri valeat libere quiete Impune absque Impedimento c. aliquo Statuto Actu vel Restrictione in contrarium edit proviso aut aliqua alia re causa vel materia quacunque in aliquo non obstante c. so by force hereof the Chaplain took two other Livings Incompatible by reason of which Acceptance it was adjudged the Living became void notwithstanding the Confirmation of the Dispensation Tr. 18. Eliz. C. B. Coxe's Case Dyer f. 351. pl. 25. vide f.

327. a. pl. 4. Not Reading the Arti●les c. makes the Living ●oi● 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 Inro●●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 D●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