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Spiritual
Preferment
Tithes
,
Offerings
,
Mortuaries
Statute
Laws
all
others
SIMON
DEGGE
Henry
Twyford
Vine-Court
Middle-Temple
Edward
Cokes
sanguis
martyrum
est
semen
Ecclesiae
the
Labourer
is
worthy
of
his
hire
,
Moses
the
Oxe
was
not
to
be
muzled
that
treads
forth
the
Corn
who
goes
on
warfare
at
his
own
charge
?
who
plants
a
Vineyard
and
eats
not
of
the
fruit
thereof
?
and
who
feeds
a
Flock
and
eats
not
of
the
milk
thereof
?
for
he
that
ploweth
should
plow
in
hope
,
and
he
that
thrasheth
should
be
partaker
of
his
hope
.
is
it
a
great
thing
that
those
that
sow
to
you
Spiritual
things
should
reap
carnal
?
that
they
that
Minister
about
holy
things
live
of
the
things
of
the
Temple
,
and
that
they
that
wait
at
the
Altar
,
are
partakers
with
the
Altar
that
they
that
preach
the
Gospel
,
should
live
of
the
Gospel
as
many
as
were
possessors
of
Houses
or
Lands
sold
them
,
and
brought
the
prices
of
things
that
were
sold
,
and
laid
them
down
at
the
Apostles
feet
;
and
distribution
was
made
to
every
man
according
as
he
had
need
.
the
Law
of
Tithes
or
Tithing
Parson's
Law
●os
qui
de
non
the
blind
leads
the
blind
,
both
fall
into
the
ditch
.
cum
à
jure
inhibitum
divina
permissione
in
Comitatu
vicesimo
octavo
,
Annoque
domini
What
time
the
Bishop
may
take
to
examine
a
Clerk
.
The
Canon-Law
allows
two
moneths
;
but
the
Common
Law
,
which
in
all
these
Cases
is
to
be
prefer'd
,
allows
only
convenient
time
.
Admission
and
Institution
.
Who
may
make
Induction
How
Induction
is
to
be
made
.
Item
quia
Archi-diaconi
b.
Co.
Doct.
and
Stud.
lib.
What
time
the
Patron
has
to
present
.
Where
a
is
necessary
,
and
how
to
be
proceeded
in
.
Serjeant
Callis
de
novo
How
far
the
Bishop
is
bound
by
a
Verdict
Henry
Hobart
The
manner
of
proceeding
in
a
The
points
inquirable
in
a
Quis
Patronus
ultimò
presentavit
The
effect
of
a
Quare
Imp.
What
's
to
be
d●ne
,
if
the
Jury
will
not
give
a
verdict
.
What
's
to
be
done
where
Coperceners
,
Joynt-tenants
,
or
Tenants
in
Common
,
present
severally
.
If
the
Commissioners
neglect
their
duties
.
Verdict
does
not
bind
the
Records
there
cited
Several
acts
to
restrain
the
Pope
.
prima
facie
Whereas
thereis
a
damnable
custom
in
the
Court
of
to
take
more
for
the
investure
of
Bishops
,
The
Act
against
Pluralities
That
if
any
Person
or
Persons
,
having
(
that
is
being
instituted
)
one
Benefice
with
cure
of
Souls
being
of
the
yearly
value
of
eight
pounds
or
above
,
shall
accept
and
take
any
other
with
cure
of
Souls
,
and
be
instituted
and
inducted
into
the
possession
of
the
same
,
that
then
,
immediately
after
such
possession
had
thereof
,
the
first
Benefit
should
be
void
.
And
that
it
should
be
lawful
to
every
Patron
having
the
advowson
thereof
to
present
another
,
and
the
Presentee
to
have
the
benefit
of
the
same
,
as
though
the
Incumbent
bad
died
or
resigned
,
and
that
any
licence
union
or
other
dispensation
contrary
to
that
act
should
be
void
.
(
If
the
party
be
instituted
and
inducted
in
possession
of
the
second
Living
that
then
the
first
shall
be
void
.
)
Which
Chapl●ins
shall
be
qualified
,
where
above
the
number
is
retained
.
The
Master
dyes
before
preserment
The
Mrs.
marries
Chapl.
returned
in
the
life
of
the
Father
.
Lord
discharges
Chaplains
after
they
are
prefer'd
.
A
greater
number
of
Chapl.
retained
together
.
This
Law
is
not
dispensable
Apluralist
neglects
to
read
the
Art
.
the
first
Living
is
not
void
.
Vniting
a
Living
is
a
Plurality
.
Parson
and
Vic.
of
the
same
Church
si
,
Quare
Impedits
Rectories
in
one
Church
having
one
Benefice
with
cure
of
Souls
of
the
value
of
eight
pounds
takes
and
accepts
another
benefice
with
cure
of
Souls
,
There
is
now
a
qualififications
at
least
in
by
Service
,
besides
the
Chaplains
of
the
King
,
Queen
,
Princes
of
the
blood
,
and
Dowagers
,
and
probably
as
many
more
by
birth
and
dignities
;
and
there
is
about
Livings
in
in
the
King's
books
and
upwards
,
and
it
is
not
the
least
Livings
the
Pluralists
catch
at
,
though
at
first
they
crept
into
the
Church
,
where
Livings
were
so
small
they
were
not
able
to
maintain
a
Minister
,
and
if
the
Canon
of
King
was
observed
,
many
mischiefs
in
this
Case
might
be
prevented
.
What
Symony
is
Thomas
Aquinàs
Quod
Simonia
dioi
videtur
à
Simoniace
&
Simoniacus
Canons
against
Symony
Richard
Wethershead
Against
Symony
That
if
any
person
or
persons
for
any
Sum
of
money
,
reward
,
gift
,
profit
or
benesit
directly
or
indirectly
,
or
for
or
by
reason
of
any
promise
,
agreement
,
grant
,
bond
,
Covenant
,
or
other
Assurance
for
any
Sum
of
Money
,
reward
,
gift
,
profit
,
or
benefit
whatsoever
directly
or
indirectly
shall
*
*
Relates
to
Patrons
.
present
,
or
†
†
This
to
Bishops
.
collate
any
person
to
any
Benefice
with
Cure
of
Souls
,
Dignity
,
Prehend
,
or
Living
Ecclesiastical
,
or
‖
‖
Donatives
.
give
or
bestow
the
same
for
or
in
respect
of
any
such
corrupt
couse
or
consideration
,
that
then
every
such
Presentation
,
Collation
,
gift
and
bestowing
,
and
every
admission
,
investure
and
induction
thereupon
shall
be
utterly
void
,
And
that
the
Queen
,
her
Heirs
and
Successors
to
present
,
collate
,
for
that
one
Turn
only
And
that
every
Person
that
shall
give
or
take
any
such
Sum
of
Money
,
or
that
shall
take
or
make
any
such
Promise
,
shall
forfeit
and
lose
the
double
value
of
one
years
profit
of
every
such
Benefice
.
And
the
person
so
corruptly
taking
any
such
Benefice
shall
thereupon
and
from
thenceforth
be
adjudged
a
disabled
person
in
Law
to
have
and
enjoy
the
same
Benefice
,
And
further
,
Against
Precipitate
admission
or
Institution
,
&c.
that
if
any
Person
shall
for
any
sum
of
money
,
reward
,
directly
or
indirectly
(
other
than
for
small
and
lawful
fees
)
or
for
or
by
reason
of
any
promise
,
admit
,
institute
,
install
,
induct
,
invest
,
or
place
any
Person
in
or
to
any
Benefice
with
cure
,
That
then
every
Person
so
offending
shall
forfeit
and
lose
the
double
value
of
one
years
profit
of
such
Benefice
,
and
that
the
said
Benefice
shall
be
eft
soon
void
And
that
the
Patron
,
or
person
to
whom
the
advowson
,
shall
and
may
by
virtue
of
this
Act
present
,
or
collate
,
as
if
the
person
were
naturally
dead
;
but
no
lapse
hereby
to
incur
till
six
Months
after
notice
.
And
if
any
Incumbent
of
any
Benefice
with
cure
of
Souls
do
or
shall
corruptly
resign
or
exchange
the
same
;
or
corruptly
take
for
or
in
respect
of
the
resigning
or
exchanging
of
the
the
same
,
directly
or
indirectly
,
any
pension
,
sum
of
Money
,
or
benefit
whatsoever
;
that
then
the
giver
and
taker
of
any
such
sum
,
corruptly
shall
lose
double
the
value
of
the
sum
so
given
taken
or
had
;
the
one
half
to
the
Queen
,
and
the
other
Moiety
to
him
that
will
sue
for
the
same
,
in
any
of
her
Majestie
's
Courts
of
Record
,
in
which
no
Provided
,
that
this
Act
shall
not
restrain
any
censures
Ecclesiastical
,
And
further
it
is
provided
,
that
if
any
Person
shall
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
or
have
any
Money
,
Fee
,
direcily
or
indirectly
,
to
him
or
themselves
,
or
any
other
of
their
,
Friends
(
all
lawful
and
ordinary
Fees
excepted
)
for
or
to
procure
the
ordaining
,
or
making
of
any
Minister
,
giving
any
Order
and
License
to
preach
,
shall
lose
forty
pounds
;
and
the
Minister
so
made
ten
pounds
.
And
that
if
such
Minister
within
seven
years
next
after
such
corrupt
entring
into
the
Ministry
,
shall
accept
or
take
any
Benefice
,
Living
,
or
promotion
Ecclesiastical
,
the
same
Living
after
induction
,
to
be
void
.
And
that
the
Patron
may
present
,
as
if
the
party
so
inducted
were
naturally
dead
;
the
one
half
of
the
said
forfeitures
to
be
to
the
Queen
,
and
the
other
half
to
the
Informer
to
be
recovered
de
facto
Rogers
,
Cro.
El.
788.
M.
El.
B.R.
Norwich
Cole
George
Crook
Edward
Cook
Edward
Cook
(
And
the
person
so
corruptly
giving
)
:
Edward
Cook
Fleet-street
.
Mich.
That
the
Person
so
corruptly
taking
procuring
seeking
or
accepting
shall
,
from
thenceforth
be
adjuged
a
disabled
Person
in
Law
to
have
or
enjoy
,
George
Crook's
John
Pascall
sed
quaere
rationem
inde
Administratio
cum
Jurisdictione
aliqua
conjuncta
de
sacris
Eccles.
ministr.
&
beneficiis
.
Who
may
take
advantage
of
Simony
,
Contract
not
executed
Simonist
dyes
Possessed
,
if
the
lose
the
turn
&
nullum
tempus
occurrit
Regi
Simony
and
Patron
and
Clerk
free
.
The
reason
of
the
Paragraph
against
precipitate
Admiss
.
Edward
Cook
Chauncery
,
King's
Bench
,
Commonpleas
,
See
a
Canon
against
it
,
and
what
F●es
shall
be
taken
by
the
Clerks
.
Gratis
accepistis
,
gratis
date
Nathaniel
Brent
Subscription
and
Certificate
Common
Prayer
do
declare
my
unfeigned
assent
and
consent
to
all
and
every
thing
contained
and
prescribed
in
and
by
the
Book
intituled
,
Declaration
.
The
Book
of
Common
Prayer
and
Administration
of
the
Sacraments
,
and
other
Rites
and
Ceremonies
of
the
Church
,
according
to
the
use
of
the
Church
of
together
with
the
pointed
as
they
are
to
be
sung
or
said
in
Churches
,
and
the
form
or
manner
of
making
,
Ordaining
,
and
Consecrating
of
Bishops
,
Priests
and
Deacons
.
That
upon
Sunday
the
_____
Day
of
_____
in
the
Year
of
our
Lord
.
Parson
of
in
the
County
of
read
Common
Prayers
in
the
Parish
Church
of
aforesaid
,
both
in
the
forenoon
and
afternoon
of
the
same
day
,
according
to
the
Form
and
Order
prescribed
and
directed
by
the
Book
intituled
,
The
Book
of
Common
Prayer
,
and
Administration
of
the
Sacraments
,
and
other
Rights
and
Ceremonies
of
the
Church
,
according
to
the
use
of
the
Church
of
together
with
the
pointed
as
they
are
to
be
sung
or
said
in
Churches
,
the
Form
or
manner
of
making
,
Ordaining
,
and
Consecrating
of
Bishops
,
Priests
,
and
Deacons
Elizabeth
,
13
El.
cap.
12.
What
age
a
Parson
ought
to
be
.
That
none
should
be
admitted
to
any
Benefice
,
unless
he
were
three
and
twenty
Years
of
age
,
and
a
Deacon
at
least
,
and
should
subscribe
the
thirty
nine
Articles
before
he
should
be
admitted
;
and
that
none
should
be
admitted
to
Preach
or
Administer
the
Sacraments
,
unless
such
Persons
were
Years
of
Age
at
least
:
But
this
Law
is
in
part
altered
by
the
beforementioned
new
Statute
of
Vniformity
;
for
now
none
can
be
admitted
to
any
Living
till
he
is
a
Priest
in
Holy
Orders
,
which
he
cannot
be
by
this
Statute
till
he
is
four
and
twenty
Tears
of
age
.
And
by
the
same
Statute
it
is
enacted
,
Who
may
be
admitted
to
a
Benefice
of
30
l.
per
annum
in
the
King's
books
.
that
none
should
be
admitted
to
any
Benefice
with
cure
of
Souls
of
the
value
of
thirty
pounds
or
upward
in
the
King's
Books
,
unless
he
be
a
Batchelor
of
Divinity
at
least
,
or
a
Preacher
licensed
by
some
Bishop
,
or
one
of
the
Vniversities
of
this
Kingdom
;
and
if
not
so
qualified
his
Institution
to
be
void
.
HE
that
has
orderly
,
as
aforesaid
,
Parsons
,
&c.
must
be
conformable
.
Stat.
1.
Eliz.
cap.
2.
obtained
an
Ecclesiastical
preferment
in
the
Church
of
must
be
conformable
to
the
Government
and
Orders
thereof
,
and
must
not
use
any
other
publick
Form
of
Prayer
,
than
what
is
prescribed
by
the
Book
of
Common
Prayer
before
mentioned
,
neither
must
he
administer
the
Sacraments
of
Baptism
,
and
the
Lord's
Supper
in
any
other
manner
or
form
,
than
what
is
therein
and
thereby
directed
and
prescribed
.
And
if
any
Incumbent
be
resident
upon
his
Living
(
as
he
ought
to
be
)
and
keep
a
Curate
,
Stat.
14.
Cat.
2.
cap.
14.
When
,
and
how
oft
he
must
read
the
Common
Prayers
.
he
is
bound
by
the
Act
of
Vniformity
once
every
month
at
least
to
read
the
Common
Prayers
of
the
Church
,
according
as
they
are
directed
by
the
book
of
Common
Prayer
,
in
his
Parish-Church
in
his
own
person
,
or
he
forfeits
l.
for
every
time
he
fails
therein
.
See
the
Statute
how
he
is
to
be
convicted
,
and
the
penalty
to
be
levied
.
And
the
Common
Prayer
by
that
Statute
is
to
be
read
before
every
Lecture
:
Before
every
Lecture
.
and
it
is
not
sufficient
to
read
a
piece
here
,
and
a
piece
there
,
where
the
Party
pleases
;
but
they
must
read
the
whole
appointed
for
the
day
orderly
,
as
it
is
appointed
with
all
the
Circumstances
and
Ceremonies
of
kneeling
and
standing
,
as
is
prescribed
,
otherwise
it
is
no
reading
of
Common
Prayers
within
this
Law
Eliz.
It
is
inacted
,
That
if
any
Minister
,
that
ought
or
should
sing
or
say
Common
Prayer
,
refuse
to
use
the
same
Common
Prayers
,
or
to
administer
the
Sacraments
,
The
penalty
for
using
other
Forms
of
Prayer
,
in
such
order
and
form
as
they
are
mentioned
and
set
forth
in
the
Common
Prayer-Book
,
or
shall
wilfully
or
obstinately
standing
in
the
same
use
any
other
Rite
,
Ceremony
.
Order
,
Form
or
Manner
of
Celebrating
the
Lords
Supper
,
or
other
open
Prayers
,
or
shall
preach
,
declare
,
or
speak
any
thing
in
derogation
or
depraving
of
the
same
Book
,
or
any
thing
therein
contained
.
upon
Conviction
the
Party
guilty
of
any
of
these
offences
forfeits
the
profits
of
all
his
Livings
and
Spiritual
Promotions
for
a
year
,
and
is
to
suffer
Imprisonment
for
six
months
without
bail
or
mainprise
;
and
upon
a
second
Conviction
for
the
like
offence
he
is
to
suffer
imprisonment
for
a
whole
year
,
and
be
deprived
of
all
his
spiritual
promotions
;
and
upon
a
third
Conviction
for
the
like
offence
shall
be
imprisoned
during
life
,
and
lose
all
his
Spiritual
promotions
,
if
he
have
any
:
And
if
such
person
have
no
spiritual
promotions
,
then
for
the
first
offence
he
is
to
be
imprisoned
for
a
year
,
for
the
second
during
life
without
bayl
or
mainprise
.
in
the
English
Translation
Padre
Paulo
The
same
hist.
p.
That
as
well
every
Spiritual
Person
then
being
promoted
to
any
Arch-deaconry
,
21
H.
8.
cap.
13.
Act
against
non-Residence
.
Deanry
or
Dignity
in
any
Monastery
,
or
Cathedral
,
or
other
Church
conventual
,
or
Collegiate
,
or
being
benefieed
with
any
Parsonage
or
Vicarage
;
as
all
and
every
spiritual
Persons
,
which
then
after
should
be
promoted
to
any
of
the
said
Dignities
or
Benefices
with
any
Parsonage
or
Vicarage
from
the
Feast
of
St.
then
next
following
,
should
be
personally
resident
and
abiding
in
,
at
,
or
upon
,
his
said
Dignity
,
Prebend
,
or
Benefice
,
or
one
of
them
at
the
least
;
and
that
if
any
such
person
wilfully
absented
himself
from
his
said
Benefice
,
by
the
space
of
a
Month
at
one
time
,
or
two
Months
at
several
times
in
any
one
year
to
be
accounted
at
several
times
,
that
such
Person
so
absenting
should
forfeit
ten
pounds
for
every
such
default
,
the
one
half
to
the
King
,
the
other
half
to
the
Informer
to
be
recovered
,
as
is
expressed
in
the
Act.
And
by
the
same
Act
,
there
is
a
Proviso
worth
mentioning
,
though
now
out
of
date
,
to
this
effect
.
That
if
any
Person
should
procure
any
Dispensation
from
or
elsewhere
to
be
non-resident
,
the
Party
guilty
should
forfeit
twenty
pounds
.
By
this
and
other
Statutes
mentioned
in
this
book
it
is
evident
,
that
the
Parliaments
of
even
when
the
Pope
was
in
full
power
,
often
made
bold
with
his
Holiness
to
correct
his
,
and
his
Court's
corruption
.
To
maintain
hospitality
(
That
he
that
wilfully
absents
himself
,
)
Chaplains
of
any
of
the
Judges
of
the
King's
Bench
,
or
Common
Pleas
,
Chancellor
or
chief
Baron
of
the
Exchequer
,
of
the
King's
Attorney
and
Solicitor
,
and
the
Chaplains
of
the
Chancellor
,
of
the
Dutchy
of
of
the
Augmentations
,
First-fruit
and
Tenths
;
of
the
Master
of
the
Wards
,
the
Surveyer
general
,
of
the
Treasurer
of
the
Chamber
,
and
Augmentations
,
and
Groome
of
the
Stool
,
whilst
such
Chaplains
abide
,
and
are
attendant
in
the
Households
of
their
Masters
;
and
the
Master
of
the
Rolls
,
21
H.
8.
cap.
13.
the
Dean
of
the
Archer
,
and
the
Chancellor
,
and
Commissaries
of
Arch-Bishops
,
and
Bishops
,
and
the
twelve
Masters
of
the
Chancery
so
long
as
they
shall
continue
in
their
places
;
may
be
non-resident
:
but
the
Chaplains
of
the
Chancellor
of
the
Dutchy
,
Augmentations
,
33
H.
8.
cap.
28.
First-fruits
,
Master
of
the
Wards
,
Surveyer
General
,
Treasurer
of
the
Chamber
,
and
Augmentations
,
and
Groom
of
the
Stool
,
9
E.
2.
cap.
8.
are
to
be
resident
twice
in
a
year
at
least
,
eight
days
at
each
time
:
And
the
King
may
give
License
to
any
of
his
own
Chaplains
to
be
non-resident
:
21
H.
8.
cap.
13.
And
any
Ecclesiastical
Person
to
attend
any
Suit
in
the
Chancery
or
Star-Chamber
without
fraud
may
be
non-resident
for
so
long
time
,
Masters
die
Canon
against
Dilapidation
Si
Rector
alieujus
Ecclesiae
Not
to
repair
the
Church
but
Chauncel
.
defec●
'
Ecclesiae
Rot.
Patrum
That
if
any
Parson
,
Statute
against
fraudulent
Conveyances
.
Stat.
13
Eliz.
cap.
2.
Vicar
,
shall
make
any
conveyance
of
his
goods
to
defraud
his
Successor
of
his
remedy
,
the
like
Suit
is
given
in
the
Spiritual
Court
against
the
Grantee
,
as
the
Successor
should
have
had
against
the
Executors
or
Administrators
of
the
Predecessors
.
all
such
Grants
to
defraud
any
Person
or
Persons
of
their
just
actions
are
made
void
.
Action
upon
the
Case
at
Law
for
Dilapidations
.
&c.
The
Custom
upon
which
the
Action
is
grounded
.
Elizabeth
it
is
expresly
enacted
,
that
all
the
Moneys
and
Dammages
that
shall
be
recovered
for
Dilapidations
are
to
be
expended
and
laid
out
,
in
,
and
about
the
repair
of
the
Houses
,
dilapidated
,
wherein
the
Visitors
of
those
Churches
ought
to
take
care
.
We
do
prohibit
the
Persons
of
the
Church
,
Against
cutting
the
trees
in
the
Church-yard
.
that
they
do
not
presume
to
fell
them
the
trees
in
the
Church-yard
)
down
unadvisely
,
but
when
the
Chauncel
of
the
Church
wants
necessary
Reparations
:
neither
shall
they
be
converted
to
any
other
use
,
unless
the
body
of
the
Church
do
want
repair
;
in
which
Case
the
Parsons
of
their
Charity
shall
do
well
to
relieve
the
Parishioners
with
bestowing
upon
them
the
same
trees
,
which
we
will
not
command
to
be
done
,
but
we
will
commend
it
when
it
is
done
.
Waste
and
Dilapidation
cause
of
Deprivation
,
To
use
other
Forms
of
Prayer
,
the
second
offence
.
That
if
any
Parson
shall
refuse
to
use
the
book
of
Common
Prayer
or
administer
the
Sacraments
in
the
order
there
prescribed
,
or
shall
wilfully
and
obstinately
standing
in
the
same
use
any
other
Rite
or
Ceremony
order
form
or
manner
of
Celebrating
the
Lord's
Supper
,
or
other
open
Prayers
,
or
shall
preach
declare
or
speak
any
thing
in
derogation
thereof
or
depraving
the
same
,
or
any
thing
therein
contained
,
and
having
formerly
been
convicted
for
the
like
offence
,
shall
upon
his
second
Conviction
be
deprived
If
any
Parson
,
Vicar
Neglecting
to
read
Prayers
within
two
months
after
Induction
.
shall
not
within
two
months
next
after
Induction
upon
some
Lord's
day
openly
publickly
and
solemnly
read
the
Morning
and
Evening
Prayers
appointed
to
be
read
the
same
day
according
to
the
Book
of
Common
Prayer
,
and
after
such
reading
shall
not
openly
and
publickly
before
the
Congregation
there
assembled
declare
his
unfeigned
assent
and
consent
to
the
use
of
all
the
things
therein
contained
in
such
manner
as
is
directed
before
here
in
the
seventh
Chapter
;
and
if
there
be
any
lawful
Impediment
,
then
if
he
do
not
do
the
same
within
one
Month
after
the
impediment
removed
;
such
Parson
,
Vicar
,
shall
be
deprived
To
maintain
any
doctrine
against
the
Art.
of
Religion
Misereant
,
Infidels
,
Schismaticks
and
Hereticks
Depriv
.
f.
If
any
person
,
which
shall
have
any
Ecclesiastical
preferment
,
shall
advisely
maintain
or
affirm
directly
any
Doctrine
contrary
or
repugnant
to
the
Articles
of
Religion
,
and
being
convented
before
the
Bishop
of
the
Diocess
or
Ordinary
or
before
the
high
Commissioners
shall
persist
therein
and
not
revoke
his
Error
,
or
after
such
Revocation
shall
eftsoon
affirm
such
untrue
Doctrine
,
he
may
be
deprived
.
an
Atheist
Disobedience
to
his
Ordinary
cause
of
Depriv
.
Tuking
a
second
Benefice
Priest
to
marry
was
cause
of
Deprivation
.
Dilapidation
,
Waste
,
Alienation
of
the
Lands
cause
of
Deprivation
.
Deprivation
At
Common
Law
.
The
enabling
Act
of
That
all
Leases
then
after
to
be
made
of
any
Mannors
,
Lands
,
Tenements
or
Hereditaments
,
by
writing
under
Hand
and
Seal
for
term
of
years
,
or
for
term
of
the
life
,
by
any
Person
or
Persons
of
the
full
age
of
years
,
having
any
estate
of
Inheritance
either
in
Fee-simple
,
or
Fee-tail
,
in
their
own
rights
,
or
in
the
right
of
their
Churches
,
shall
be
good
and
effectual
in
the
Law
against
the
Leasors
,
their
Wives
,
Heirs
,
and
Successors
.
Provided
that
Act
should
not
extend
to
any
Lease
of
any
Mannors
,
Where
any
old
Lease
should
be
in
being
,
unless
the
same
expire
be
surrendred
or
ended
within
one
year
after
the
making
of
such
new
Lease
,
nor
shall
extend
to
any
Grant
to
be
made
of
any
Reversion
of
any
Mannors
,
nor
to
any
Lease
of
any
Mannors
,
which
have
not
most
commonly
been
letten
to
Farm
or
occupied
by
the
Farmers
thereof
by
the
space
of
twenty
years
next
before
such
Lease
thereof
made
,
nor
to
any
Lease
to
be
made
without
impeachment
of
waste
,
or
to
any
Lease
to
be
made
above
the
number
of
three
Lives
or
twenty
years
at
the
most
from
the
day
of
the
making
thereof
,
and
that
upon
the
making
of
every
such
Lease
there
be
reserved
yearly
during
the
said
Lease
due
and
payable
to
the
said
Leasors
their
Heirs
and
Successors
,
to
whom
the
reversion
shall
appertain
so
much
yearly
Farm
or
Rent
or
more
,
as
hath
most
accustomably
been
yielden
and
paid
for
the
said
Mannors
,
so
to
be
letten
within
twenty
years
next
before
the
Lease
thereof
made
,
Provided
this
Act
should
not
extend
to
give
any
Liberty
or
power
to
any
Parson
,
Vicar
,
to
make
any
Lease
or
Grant
of
any
of
their
Messuages
,
Lands
,
Tithes
,
or
in
any
other
manner
than
they
should
or
might
have
done
before
the
making
of
the
said
Act.
Must
begin
from
the
making
or
day
of
making
.
Old
Lease
must
expire
with
a
year
.
Of
what
things
such
Lease
may
be
.
Lease
for
years
determinable
upon
Lives
.
In
the
first
Year
of
Queen
Bishops
restraned
it
was
enacted
,
that
all
Gifts
Grants
Feoffments
Fines
and
other
Conveyances
and
Estates
from
the
first
day
of
that
present
Parliament
to
be
had
made
done
or
suffered
by
any
Arch-Bishop
or
Bishop
of
any
Honors
Castles
Mannors
Lands
Tenements
or
other
Hereditaments
,
being
part
of
the
possessions
of
his
Arch-Bishoprick
or
Bishoprick
,
or
united
appertaining
or
belonging
to
any
the
same
Arch-Bishopricks
or
Bishopricks
,
to
any
Person
or
Persons
bodies
politick
or
incorporate
(
other
than
the
Queens
Majesty
her
Heirs
and
Successors
)
whereby
any
Estate
or
Estates
should
or
might
pass
from
the
said
Arch-Bishops
or
Bishops
or
any
of
them
,
other
than
for
the
term
of
twenty
one
years
or
three
Lives
from
any
such
time
as
any
such
Lease
Grant
or
assurance
shall
begin
,
and
whereupon
the
old
accustomed
yearly
Rent
or
more
shall
be
reserved
and
payable
yearly
during
the
said
term
of
twenty
one
years
or
three
Lives
,
shall
be
utterly
void
and
of
no
effect
to
all
intents
constructions
and
purposes
,
any
Law
eustom
or
usage
to
the
contrary
thereof
in
any
wise
notwithstanding
.
Leases
in
other
Forms
not
void
but
voidable
.
A
private
Act.
Of
what
things
such
Leases
may
be
made
.
Serjeant
le
Roy.
Concurrent
Leases
Edward
Cook
The
Restrictive
Law
against
Leases
of
Deans
,
Prebends
,
That
from
thenceforth
all
Leases
Gifts
Grants
Feoffments
Conveyances
or
Estates
to
be
made
had
done
or
suffered
by
the
Masters
and
Fellows
of
any
Colledge
,
Dean
and
Chapter
of
any
Cathedral
or
Collegiate
Church
,
Master
or
Guardian
of
any
Hospital
Parson
,
Vicar
or
any
other
having
a
Spiritual
or
Ecclesiastical
Living
,
or
any
Houses
Lands
Tithes
Tenements
or
other
Hereditaments
being
any
part
of
the
possessions
of
any
such
Colledge
,
or
any
wise
appertaining
or
belonging
to
the
same
or
any
of
them
,
to
any
Person
or
Persons
Bodies
,
(
other
than
for
the
term
of
twenty
one
Years
or
three
Lives
from
the
time
as
any
such
Lease
or
Grant
shall
be
made
or
granted
,
whereupon
the
accustomed
yearly
Rent
or
more
shall
be
reserved
and
payable
during
the
said
term
)
shall
be
utterly
void
,
Jac.
cap.
Stat.
of
No
concurrent
Lease
,
but
within
three
years
before
the
former
ends
.
That
all
Leases
then
after
to
be
made
by
any
the
aforesaid
Ecclesiastical
Spiritual
or
Collegiate
Persons
or
others
of
any
of
their
Ecclesiastical
,
whereof
any
former
Lease
for
years
is
in
being
,
and
not
expired
,
surrendred
or
ended
within
three
years
next
after
the
making
of
any
such
new
Lease
,
should
be
utterly
void
frustrate
and
of
none
effect
,
any
Law
,
By
this
it
should
seem
,
the
Parliament
was
of
opinion
,
that
concurrent
Leases
might
be
made
;
but
has
by
this
so
restrained
them
,
that
they
cannot
be
made
but
within
three
years
before
the
Determination
of
the
former
.
And
there
is
a
Provision
in
this
Act
of
That
all
Bonds
and
Covenants
then
after
made
for
the
making
or
renewing
of
any
Lease
contrary
to
the
intent
of
that
Statute
,
or
of
the
Statute
of
should
be
utterly
void
Leases
of
Parsons
to
be
void
by
non-Residence
.
Elizabeth
there
is
an
Act
of
Parliament
made
,
whereby
it
is
enacted
,
That
no
Lease
made
after
the
day
of
following
of
any
Benefice
or
Ecclesiastical
Promotion
with
Cure
,
or
any
part
thereof
,
and
not
being
impropriated
,
should
endure
any
longer
,
than
while
the
Leasor
should
be
ordinarily
resident
and
serving
the
Cure
of
such
Benefice
without
absence
above
fourscore
days
in
any
one
year
;
These
wordt
within
the
[
]
are
repealed
by
14
El.
c.
11.
but
that
every
such
Lease
immediately
upon
such
absence
shall
cease
and
be
void
,
and
the
Incumbent
so
offending
shall
,
lose
one
years
profit
of
his
said
Benefice
to
be
distributed
by
the
Ordinary
to
the
poor
of
the
Parish
.
And
by
the
same
Statute
,
Charging
Parsonages
void
.
it
is
further
enacted
,
That
all
charging
of
such
Benefices
with
Cure
then
after
with
any
pension
,
or
with
any
profit
out
of
the
same
to
be
yielded
or
taken
,
other
than
Rents
reserved
upon
Leases
,
should
be
void
.
But
where
any
Person
should
be
qualified
to
have
two
Livings
,
Where
a
Parson
may
devise
,
and
be
non-resident
.
he
may
devise
the
one
of
them
,
where
he
is
not
ordinarily
resident
,
to
his
Curate
only
,
that
shall
there
serve
the
Cure
.
And
such
Lease
shall
endure
no
longer
than
during
such
Curate's
residence
without
absence
above
fourty
days
in
any
one
year
.
And
by
the
Leases
,
Bonds
,
and
Covenants
to
be
void
.
it
is
enacted
,
That
all
Leases
,
Bonds
,
Promises
and
Covenants
of
and
concerning
Benefices
and
Ecclesiastical
Livings
with
Cure
to
be
made
by
any
Curate
shall
be
of
no
other
or
better
force
,
validity
or
continuance
,
than
if
the
same
had
been
made
by
the
beneficed
person
himself
,
that
shall
demise
the
same
to
such
Curate
.
And
by
the
same
Statute
it
is
enacted
,
Houses
Incorporations
,
&c.
how
to
he
leased
.
That
the
restrictive
Statute
of
before
shall
not
extend
to
any
Grant
,
Assurance
or
Lease
of
any
houses
belonging
to
any
the
persons
,
in
the
said
Stat.
of
nor
to
any
grounds
to
any
such
houses
appertaining
,
in
any
City
,
Burrough
,
Town
Corporate
or
Market
Town
,
or
the
Suburbs
of
any
of
them
;
but
that
all
such
houses
and
grounds
may
be
granted
,
demised
and
assured
,
as
they
might
have
been
before
the
making
of
the
said
Act
,
so
always
as
such
house
being
not
the
Capital
,
or
dwelling
house
used
for
the
Habitation
of
the
Parsons
,
nor
have
above
ten
Acres
to
the
same
.
Provided
,
Not
to
lease
in
reversion
.
That
no
Lease
be
made
by
vertue
of
this
Act
in
reversion
,
nor
without
reserving
the
accustomed
yearly
Rent
at
least
,
nor
for
a
longer
term
than
for
fourty
years
at
most
,
charging
the
Leasee
with
repairs
,
and
no
alienation
in
Fee
,
unless
lands
of
as
good
yearly
value
be
settled
,
in
lieu
thereof
There
is
likewise
another
in
this
act
,
that
all
Bonds
,
Conrracts
,
Bonds
,
Contracts
,
Covenants
,
Promises
,
where
to
be
void
.
Promises
and
Covenants
to
be
made
for
the
suffering
or
permitting
any
person
to
enjoy
any
Benefice
or
Ecclesiastical
Promotion
with
Cure
,
or
to
take
the
profits
or
fruits
thereof
,
other
than
such
Bonds
and
Covenants
as
shall
he
made
for
assurance
of
any
Lease
heretofore
made
,
shall
be
of
no
other
force
than
Leases
made
by
the
same
person
.
Eliz.
18
Eliz.
c.
11.
It
is
enacted
,
That
after
complaint
made
to
the
Ordinary
,
and
Sentence
given
upon
any
offence
committed
by
the
Incumbent
against
the
Statute
of
whereby
he
shall
or
ought
to
lose
a
years
profit
of
his
Benefice
,
That
then
the
Ordinary
within
two
months
after
such
Sentence
,
and
request
made
by
the
Churchwardens
of
the
Parish
,
where
,
or
one
of
them
,
shall
grant
the
Sequestration
of
such
profits
to
such
Inhabitant
or
Inhabitants
within
the
same
Parish
,
as
to
him
shall
seem
meet
,
And
that
upon
default
of
the
Ordinary
,
it
shall
be
lawful
for
every
Parishioner
,
to
retain
his
Tithes
,
and
for
the
Church-wardens
to
enter
upon
the
Glebe-land
Rents
and
Duties
of
every
such
Benenefice
to
be
imployed
to
the
use
of
the
poor
,
until
such
time
as
Sequestration
shall
be
committed
by
the
Ordinary
;
and
then
the
Church-wardens
and
Parishioners
to
accompt
to
such
to
whom
the
Sequestration
shall
be
committed
,
who
is
to
imploy
the
whole
profits
according
to
the
act
,
upon
pain
to
forfeit
the
double
value
of
the
profits
with-holden
,
to
be
recovered
in
the
Ecclesiastical
Court
by
the
poor
of
the
Parish
.
●
.
die
Maii
Catlyne
,
Har●ur
Rep.
m.
14
and
15
El.
Southcoate
Edw.
Dimock's
Case
Leases
by
Deans
,
Prebends
,
Colledges
,
Eliz.
cap.
Concurrent
Leases
,
and
who
is
to
confirm
Lases
.
Eliz.
Parsons
and
Vicars
are
restrained
:
13
El.
cap.
10.
So
that
they
cannot
grant
but
for
Years
or
three
Lives
from
the
making
of
such
Lease
,
and
not
from
the
day
of
the
making
,
as
is
before
observed
;
and
these
Leases
and
Grants
must
be
with
the
confirmation
of
the
Patron
and
Ordinary
with
all
the
qualifications
expressed
in
the
beginning
of
this
Chapter
.
Eliz.
Chap.
it
is
enacted
,
that
Leases
of
Parsons
Vicars
,
that
have
Cure
of
Souls
shall
endure
no
longer
,
than
they
shall
be
ordinarily
resident
and
serve
the
Cure
;
and
that
if
such
Parson
,
shall
be
absent
from
their
Cure
above
days
in
one
Year
,
that
then
such
Lease
shall
cease
and
be
void
.
That
the
Livings
appointed
for
Ecclesiastical
Ministers
may
not
by
corrupt
and
indirect
dealings
be
transferred
to
others
uses
,
Be
it
enacied
,
When
Parson's
Leases
shall
be
void
by
non-residence
.
Whether
void
against
the
Parson
himself
.
Revel
vers
.
Hart
H.
Eliz.
B.
R.
the
Leasee
may
hold
on
his
term
for
six
years
,
if
the
Parson
that
made
his
Lease
so
long
live
,
and
the
term
were
made
for
so
long
time
;
but
upon
such
Lease
there
must
be
so
much
Rent
reserved
within
fourty
shillings
as
such
Benefice
is
valued
at
in
the
King's
Books
.
And
by
the
same
Statute
,
if
a
Parson
make
a
Lease
and
resigns
and
dies
,
the
Tenant
shall
hold
out
his
Lease
for
the
Year
that
was
commenced
at
the
time
of
his
death
,
if
the
Term
were
to
have
had
so
long
continuance
,
Covenants
,
Bonds
,
which
good
.
El.
cap.
El.
cap.
Popham
,
Tanfield
Williams
.
Quaere
.
Leases
of
Coll.
Hospitals
.
Ideo
quaere
.
restrained
to
make
any
concurrent
Leases
till
within
three
years
of
the
end
of
the
former
Terms
that
are
in
being
.
What
Leases
shall
be
good
.
Smalls
Former
in
being
More
in
the
new
Leases
than
the
old
.
Next
Avoidance
not
demisable
Charges
void
Eliz.
cap.
must
not
take
Farms
It
is
amongst
other
things
enacted
,
That
no
Spiritual
Person
shall
in
his
own
name
,
or
in
the
name
of
any
other
,
take
to
farm
any
Mannors
,
Lands
,
Tenements
or
Hereditaments
,
upon
the
penalty
of
ten
pounds
for
every
Month
that
he
holds
the
same
;
nor
by
himself
nor
any
other
shall
buy
Cattle
,
Corn
,
Lead
,
Tynn
,
Hydes
,
Leather
,
Tallow
,
Fish
,
Wool
,
Wood
,
or
any
manner
of
Victuals
or
Merchandizes
,
upon
pain
to
forfeit
the
treble
value
of
things
so
bought
.
But
a
Spiritual
Parson
may
buy
such
things
for
his
own
use
,
Where
he
may
.
and
if
they
do
not
fit
him
,
he
may
sell
the
same
again
;
and
so
where
he
hath
not
sufficient
Glebe
,
he
may
take
grounds
for
the
maintainance
of
his
Family
.
And
it
is
further
enacted
by
the
same
Statute
,
Shall
not
farm
anothers
Parsonage
,
&c.
That
no
spiritual
Person
beneficed
with
Cure
of
Souls
shall
farm
the
Parsonage
or
Vicarage
of
another
to
take
any
Rent
or
Profit
out
of
such
Farm
,
upon
the
penalty
of
fourty
shillings
a
week
,
and
ten
times
the
value
of
the
Rent
or
Profit
he
shall
take
out
of
such
Farm
.
And
it
is
further
enacted
by
the
same
Statute
,
Must
not
keep
a
Tan-house
or
Brew-house
.
That
no
spiritual
Person
shall
have
or
keep
by
himself
,
or
any
other
,
any
Tan-house
,
or
Brew-house
,
other
than
for
his
own
Family
,
upon
pain
to
forfeit
ten
pounds
All
which
Penalties
are
given
to
the
King
and
Informer
to
be
recovered
in
any
of
his
Majesties
Courts
of
Record
at
by
Action
of
debt
,
Penalties
how
to
be
recovered
.
Bill
Plaint
or
Information
,
wherein
no
essoine
,
protection
or
wager
of
Law
is
to
be
admitted
,
Where
he
may
license
the
cating
of
flesh
.
By
the
Stat.
of
there
is
authority
given
to
the
Bishop
of
the
Diocess
,
Parson
,
Vicar
or
Curate
of
the
Parish
to
license
any
sick
person
to
eat
flesh
during
his
sickness
,
and
if
his
Sickness
continue
above
eight
days
after
the
granting
of
such
license
,
than
the
same
is
to
be
registred
in
the
Church-book
,
and
that
license
to
endure
during
the
sickness
and
no
longer
.
And
if
any
Parson
,
Penalty
if
needless
.
Vicar
or
Curate
grant
any
License
to
any
person
or
persons
,
other
than
such
as
evidently
appears
to
have
need
thereof
by
reason
of
sickness
,
the
Parson
,
Vicar
or
Curate
that
granted
such
license
shall
forfeit
five
Marks
for
every
such
License
,
25
H.
8.
cap.
and
the
License
to
be
void
.
In
the
year
of
H.
There
was
a
Statute
made
against
the
excessive
number
of
sheep
,
wherein
there
is
a
that
it
might
be
lawful
to
all
spiritual
Persons
,
and
every
of
them
,
to
keep
such
and
so
many
sheep
upon
their
own
Lands
,
and
after
such
form
and
manner
,
and
not
otherwise
,
as
they
might
have
done
before
the
making
of
the
said
Act.
Canons
against
the
marriage
of
Priests
.
Italy
France
William
Corbet
John
de
Crema
London
Decemb.
Rich.
Wethershead
Canons
against
Concubines
Stephen
Langton
publicè
nec
cum
scandalo
Dispensations
for
Concubinage
by
my
Lord
Cherbery
German
Princes
uxoratisa
beneficiis
amovendis
,
ubi
supra
.
In
the
first
Tear
of
Statute
that
the
Bishops
should
imprison
Priests
for
Incontinence
.
there
was
an
Act
made
,
that
it
should
be
Lawful
to
all
Arch-Bishops
and
Bishops
and
other
Ordinaries
having
Episcopal
Jurisdiction
to
punish
and
chastise
such
Priests
and
Clerks
and
Religious
Men
being
within
the
bounds
of
their
Jurisdiction
,
that
should
be
convicted
before
them
by
examination
and
other
Lawful
proofs
requisite
by
the
Law
of
the
Church
,
of
Advowtry
Fornication
and
Incest
,
or
any
other
fleshly
incontinency
,
by
committing
them
to
Ward
and
Prison
,
there
to
abide
for
such
time
as
shall
be
thought
to
their
discretions
convenient
for
the
quality
and
quantity
of
their
trespass
.
And
that
none
of
the
said
Arch-Bishops
,
be
thereof
chargeable
,
of
,
to
,
It
seems
a
Canon
would
not
justifie
an
Imprisonment
.
or
upon
any
Action
of
false
or
wrongful
Imprisonment
,
but
that
they
be
utterly
thereof
discharged
in
any
of
the
cases
aforesaid
by
vertue
of
this
Act.
made
Felony
to
use
their
own
Wives
.
whereby
it
was
made
Felony
for
a
Priest
carnally
to
use
a
Woman
to
whom
he
had
been
Married
or
contracted
;
or
if
he
kept
company
or
familiarity
with
her
,
or
if
any
Priest
kept
a
Concubine
,
as
by
paying
for
her
board
,
maintaining
her
with
Money
or
other
gifts
or
means
to
the
evil
example
of
others
,
he
should
forfeit
all
his
Goods
Cattels
and
Spiritual
promotions
,
and
be
put
in
Prison
for
the
first
offence
,
and
the
second
offence
to
be
Felony
.
and
it
was
enacted
,
32
H.
8.
c.
10.
mitigated
.
That
such
Offender
should
for
the
first
offence
lose
all
his
Goods
Chattels
and
Debts
,
and
lose
the
profits
of
all
his
Ecclesiastical
promotions
;
but
one
for
his
life
,
for
the
second
offence
to
forfeit
his
Goods
Cattel
and
Debts
,
and
the
profits
of
all
his
Lands
and
of
all
his
Spiritual
Benefices
Promotions
and
Dignities
for
his
life
.
And
for
the
third
offence
should
make
the
like
forfeiture
and
be
Imprisoned
during
life
.
By
an
Act
of
Parliament
made
in
the
Articles
makes
the
marriage
of
Priests
Heresie
.
which
is
commonly
called
the
Act
of
the
six
bloody
Articles
,
by
the
third
Article
it
was
declared
,
that
Priests
after
they
have
received
Orders
might
not
Marry
,
and
to
affirm
the
contrary
thereof
was
made
Heresie
and
Treason
by
that
Act
:
but
this
bloody
Act
was
repealed
by
By
the
Statute
of
all
Laws
Statutes
Canons
and
Ordinances
and
Constitutions
made
against
the
Marriage
of
Priests
are
made
null
and
void
.
And
by
another
Statute
made
the
fifth
and
sixth
of
It
is
adjudged
and
declared
,
that
the
Marriage
of
Priests
is
Lawful
,
and
legitimates
their
Children
,
and
makes
them
capable
to
endow
their
Wives
,
and
to
be
Tenants
by
the
Courtesy
.
But
these
Laws
were
repealed
by
the
Stat.
of
However
it
came
to
pass
I
know
not
,
1
Jacob.
c.
25.
but
for
ought
I
can
find
,
these
Acts
lay
repealed
all
Queen
time
till
then
the
latter
Act
was
revived
and
made
perpetual
,
and
their
Children
made
ligitimate
.
The
Priviledge
of
the
Clergy
May
not
be
Officers
temporal
Must
not
be
arrested
in
Church
or
Church-yard
.
they
be
prest
to
serve
in
the
Wars
:
neither
may
they
be
arrested
in
the
Church
,
or
Church-yard
,
when
they
are
attendant
on
divine
Service
,
upon
pain
of
Imprisonment
,
and
ransom
at
the
Kings
pleasure
,
and
likewise
to
make
agreement
with
the
Party
.
Most
not
be
distarbed
praying
or
preaching
.
That
if
any
Parson
of
their
own
Power
and
Authority
at
any
time
,
&c.
shall
or
do
willingly
or
of
purpose
by
open
and
overt
word
,
fact
,
act
or
deed
maliciously
or
contemptuously
molest
,
lett
,
disturb
,
vex
or
trouble
,
or
by
any
other
unlawful
way
or
means
disquiet
or
misuse
any
Preacher
or
Preachers
,
licensed
,
allowed
or
authorized
to
preach
by
the
Queen
,
or
by
any
Arch-bishop
or
Bishop
of
this
Realm
,
or
by
any
other
lawful
Ordinary
,
or
by
either
of
the
Vniversities
,
or
otherwise
lawfully
authorized
or
charged
by
reason
of
his
or
their
Cure
,
Benefice
or
other
Spiritual
Promotion
,
or
Charge
,
in
any
of
his
or
their
Sermon
or
Collation
in
any
Church
,
Chappel
,
or
Church-yard
,
or
in
other
place
appointed
to
be
preached
in
,
Or
if
any
Person
shall
maliciously
,
willingly
or
of
purpose
molest
,
lett
,
disturb
,
vex
,
disquiet
,
or
otherwise
trouble
any
Parson
,
Vicar
,
Parish-Priest
or
Curate
,
saying
,
doing
,
singing
,
ministring
,
or
celebrating
mass
,
or
other
divine
Service
,
Sacraments
,
that
at
any
time
then
after
shall
be
allowed
,
set
forth
or
authorized
by
the
Queen's
Majesty
.
That
the
Offender
upon
Conviction
before
two
Justices
of
the
Peace
shall
by
them
be
committed
to
the
Goal
without
bail
or
mainprise
for
three
months
,
and
after
to
the
next
Quarter
Sessions
:
where
if
he
repent
and
be
reconciled
,
then
to
be
discharged
of
his
Imprisonment
,
finding
sureties
for
his
good
behaviour
;
and
if
he
fail
therein
to
be
continued
till
the
next
Quarter
Sessions
,
Priviledg
in
their
goods
Free
from
Tolls
De
essendi
quietum
de
Toloneo
Not
bound
to
appear
at
Leets
and
Sheriffs
Turns
.
circumspecte
Agatis
Not
to
be
Bayliffs
,
Reaves
,
Must
not
be
disturbed
by
C●llector
of
Tenths
.
Clerici
pro
suis
criminibus
detent
Not
amercied
for
the
Church-land
No
Execution
upon
the
goods
of
the
Church
.
cum
clausula
(
Quia
nolumus
.
)
No
Capias
against
a
Clerk
.
SYMON
DEGGE
Kt.
A
tenth
part
or
portion
of
increase
commanded
to
be
paid
to
the
Sons
of
for
their
Ministry
,
wherein
they
served
in
the
Tabernacle
.
An
Ecclesiastical
Inheritance
Collateral
to
the
Estate
of
the
Land
,
Co.
11.13
.
b.
.
and
of
their
own
proper
Nature
due
only
to
an
Ecclesiastical
Person
by
the
Ecclesiastical
Laws
.
A
tenth
part
or
some
other
thing
in
lieu
thereof
,
of
all
the
Increase
yearly
arising
forth
of
the
profits
of
the
Lands
and
Stock
,
or
raised
by
the
Industry
of
the
Parishioner
,
and
properly
due
to
the
Clergy
that
have
the
Cure
of
the
Souls
in
the
Parish
where
they
arise
.
Quoniam
propter
verbis
talibus
decimis
majores
seu
grossae
decimae
Quoniam
propter
verb.
talibus
decimis
of
Presbytery
And
in
the
end
of
the
Epistle
to
the
Reader
.
jure
divino
,
jure
Ecclesiastico
Monasticon
Anglicanum
Dugdale
)
Bene
potuerunt
Laici
decimas
infeudum
retinere
,
Lind
wood
c.
locat
.
&
conduct
.
verb.
portion
.
&
eas
alteri
Ecclesiae
dare
ante
concilium
Latarenense
,
non
tamen
post
,
Edward
Cooks
Edward
Cooks
and
in
his
Review
Lay-men
capable
of
Tithes
in
Pernancy
.
Lay-men
capable
of
Tithes
in
Pernancy
by
the
Statutes
of
the
dissolution
of
prima
facie
All
Tithes
belong
to
the
Rector
Portions
by
Prescription
How
Prescriptiont
are
to
be
proved
.
Extra-parechial
Tithes
William
Herle
Against
the
Parsons
own
Lease
Against
his
Feoffment
To
whom
the
Tithes
in
the
Vacation
belong
.
Whether
the
Vicar
and
Parson
shall
pay
to
each
other
.
Tithes
may
belong
to
a
Chappel
.
Of
what
things
Tithes
are
to
be
paid
.
Green
Pease
Grass
out
in
Meadows
for
Beasts
of
the
Plow
.
Tares
Vetches
cut
green
Exact
Abridgment
p.
That
whereas
they
sell
their
great
Wood
of
the
age
of
twenty
years
or
of
greater
age
to
Merchants
to
their
own
profit
,
St.
45.
E.
3.
c.
3.
Statute
not
to
be
paid
of
great
Wood.
and
in
aid
of
the
King
in
his
Wars
,
Parsons
and
Vicars
of
Holy
Church
do
implead
and
draw
the
said
Marchants
in
Suit
in
the
Spiritual
Court
for
the
Tithes
of
the
said
Wood
by
the
Name
of
whereby
they
cannot
sell
their
Woods
to
the
very
value
,
to
the
great
dammage
of
them
and
the
Realm
.
It
is
therefore
by
that
Law
ordained
and
established
,
that
a
Prohibition
in
this
case
shall
be
granted
,
and
upon
the
same
an
Attachment
,
as
hath
been
used
before
this
time
.
Prohibition
in
Point
Exact
Abridg.
Edward
Cook
Exact
Abridgment
of
Records
Sylva
caedua
Sylva
caedua
What
shall
be
said
great
Wood.
Of
what
Wood
Tithe
shall
not
be
paid
.
Burning
Bricks
Grubbed
Wood
Sylva
caedua
Loppings
of
trees
Wood
mint
with
great
and
Vnderwoods
.
Parsons
Law
Parson
of
per
Henden
à
majore
Who
shall
pay
the
Tithe
of
Wood.
Quanquam
ex
silventibus
&
verb.
Sylvarum
pos
.
Let
it
be
done
in
this
also
,
as
has
been
done
before
time
.
Robert
Winchelsey
Who
shall
pay
it
Saddle
horses
Beasts
bred
for
the
Plow
and
Pail
.
Herbage
of
Beast
Beasts
of
the
Flow.
Yares
and
Vetches
eaten
green
Of
what
Cattel
herbage
is
due
.
How
the
Tithes
of
Calves
,
milk
,
wool
,
Lambs
,
are
to
be
paid
Robert
Winchelsey
Anno
Dom.
The
Canon
Quoniam
audivimus
.
Canon
where
Sheep
,
shift
their
Pasture
from
one
Parish
to
another
.
Lindwood
,
Quod
laici
minus
solvant
quam
decimam
,
Custom
to
pay
less
than
the
value
of
the
Tithe
.
Verb.
Consuet
.
loc.
non
potest
consuetudine
introduei
quia
esset
contra
jus
divinum
plus
tamen
potest
deberi
ex
consuetudine
.
The
time
when
Calves
,
Lambs
,
Piggs
,
are
to
be
paid
Quoniam
prop.
ter
verb.
lanae
Wool
locks
Sheep
dye
of
the
Rot.
Quoniam
Propter
verbis
de
Casco
How
the
Tithe
of
Seed
,
Fruit
,
Mast
,
Bees
,
is
to
be
paid
Whether
Tythe
be
due
of
beasts
and
birds
Wales
,
Ireland
,
Yarmouth
Edward
Coke
Edward
Coke
in
specie
Of
what
things
Tithes
shall
not
be
paid
.
Things
of
pleasure
Things
that
increase
not
&
similia
BY
the
Statute
of
it
is
enacted
,
Stat.
2
E
6.
c.
13.
What
force
Custom
has
in
the
manner
of
Tithing
.
that
every
of
the
King's
Subjects
should
from
thenceforth
truly
and
justly
,
without
fraud
or
guile
divide
,
set
out
,
yield
and
pay
all
manner
of
their
predial
Tithes
in
their
proper
kinds
,
as
they
should
arise
and
happen
in
such
manner
and
form
as
had
been
of
right
yielded
and
paid
within
forty
Years
next
before
the
making
of
the
said
Act
,
or
which
of
right
or
of
custom
ought
to
have
been
paid
.
Derbyshire
,
Tynn
And
this
is
confirmed
by
the
Stat.
of
Custom
to
pay
Tithes
of
things
not
Tithable
.
What
Influence
Custom
and
Prescription
have
in
the
manner
of
Tithing
.
First
,
by
the
Stat.
of
whereby
it
is
enacted
,
that
every
Subject
of
&c.
according
to
the
Ecclesiastical
Laws
and
Ordinances
of
the
Church
of
and
after
the
laudable
Vsages
and
Customs
of
the
Parish
or
other
place
where
he
dwelleth
,
or
occupieth
,
shall
yield
and
pay
his
Tithes
,
Offerings
,
and
other
duties
of
Holy
Church
,
The
next
Statute
is
that
of
whereby
it
is
enacted
,
That
every
Person
,
shall
fully
,
truly
,
and
effectually
,
set
out
,
yield
or
pay
all
and
singular
Tithes
and
offerings
aforesaid
,
according
to
the
Lawful
Customs
and
usages
of
the
Parishes
and
places
where
such
Tithes
or
duties
should
grow
,
arise
,
come
,
or
be
due
.
That
every
of
the
King's
Subjects
should
from
thenceforth
,
2
E.
6.
c.
13.
truly
and
justly
,
without
fraud
or
guile
,
divide
,
set
out
,
yield
and
pay
all
manner
of
their
predial
Tithes
in
their
proper
kind
as
they
arise
and
happen
,
in
such
manner
and
form
as
hath
been
of
right
yielded
and
paid
within
forty
Years
next
before
the
making
of
the
said
Act
,
or
of
right
or
Custom
ought
to
have
been
paid
.
BY
the
Stat.
of
It
is
enacted
,
2
E.
6.
cap.
13.
What
Friviledg
the
Parson
,
&c.
hath
in
the
Lands
where
the
Tithes
grow
.
that
at
the
Tithing
time
of
Predial
Tithes
,
it
should
be
lawful
for
every
party
to
whom
any
Tithes
ought
to
be
paid
,
or
his
Deputy
,
or
Servant
,
to
see
the
said
Tithes
to
be
set
forth
and
severed
from
the
nine
parts
,
and
the
same
quietly
to
take
and
carry
away
.
de
jure
Edward
Coke
What
Charges
Tithes
and
Churchlands
are
subject
to
.
Nicholas
Hyde
Polydore
Virgil
De
Inventione
rerum
Polydore
Virgil
Henricus
Hostiensis
Eliz.
not
to
be
paid
all
at
once
,
1
El.
cap.
4.
but
one
quarter
of
them
is
to
be
paid
at
the
end
of
six
months
from
the
time
of
the
Induction
,
Collation
,
another
fourth
Part
at
the
end
of
twelve
months
,
another
fourth
part
at
the
end
of
eighteen
months
,
and
the
last
quarter
part
thereof
at
the
end
of
two
years
.
When
the
first
Fruits
are
to
be
paid
.
It
is
enacted
,
That
every
Archbishop
,
Bishop
,
Dean
,
Prebendary
,
Archdeacon
,
Parson
,
Vicar
,
before
he
have
any
actual
or
real
possession
,
or
medling
with
the
profits
of
his
Living
(
this
must
be
between
Institution
,
Collation
and
Induction
)
must
pay
or
compound
for
,
or
give
security
for
the
payment
of
his
first
fruits
,
in
the
first
fruits
Office
:
And
that
an
Obligation
taken
for
the
same
should
be
of
the
force
of
a
Statute
of
the
Staple
,
and
that
if
any
such
presume
to
enter
into
his
Living
before
such
payment
or
security
given
,
or
composition
made
,
he
is
to
forfeit
double
the
value
.
that
had
the
Collection
of
them
,
is
made
a
Cause
of
Deprivation
not
only
of
the
Living
,
St.
26.
H.
8.
c.
3.
for
which
they
refused
to
pay
their
Tenths
,
but
also
of
all
their
spiritual
Preferments
.
But
by
the
Stat.
St.
2
&
3
E.
6.
c.
20.
that
severity
was
moderated
,
so
that
now
the
refusal
or
neglect
to
pay
them
,
and
so
certified
by
the
Bishop
makes
only
that
Living
void
,
for
which
the
Tenths
shall
be
so
refused
.
There
is
a
Provision
made
by
an
Act
of
Parliament
in
the
Year
of
The
remedy
where
the
Successor
pays
Tenths
due
by
his
Predecessor
.
for
those
Incumbents
that
shall
be
forced
to
pay
the
Tenthes
due
in
the
time
of
their
Predecessors
,
that
they
may
levy
the
same
upon
any
Goods
they
can
find
of
their
Predecessors
upon
the
Church
Living
;
and
if
they
be
not
redeemed
within
twelve
days
after
,
they
shall
be
distrained
;
that
then
the
same
shall
be
praised
by
two
or
three
indifferent
Persons
to
be
sworn
,
and
so
many
of
them
sold
as
will
satisfy
the
arrear
with
cost
;
and
if
no
such
Goods
can
be
found
,
then
the
Successor
to
take
his
remedy
against
his
Predecessor
,
his
Executors
or
Administrators
,
or
others
to
whom
his
Goods
shall
come
by
hill
in
Chancery
,
or
an
Action
of
Debt
at
Common
Law
.
See
more
of
this
matter
ut
singula
Ecclesiastica
,
That
by
a
Canon
made
by
the
Archdeacons
were
to
bring
but
seven
horses
in
their
Trains
,
and
stay
but
one
day
,
and
to
invite
no
body
.
Dugdales
Warw.
The
force
of
a
modus
decimandi
in
Tithing
.
Quoniam
propter
verbo
redemptionem
Common
Law
and
Canon
differ
Concerning
Customs
,
Jure
Divino
secundum
quid
For
by
the
Stat.
Stat.
2.
E.
6.
cap.
13.
it
is
enacted
,
that
no
Person
shall
be
sued
or
otherwise
compelled
to
yield
,
give
or
pay
any
manner
of
Tithes
,
for
any
Mannors
,
Lands
,
Tenements
,
which
by
the
Laws
and
Statutes
of
this
Realm
,
or
by
any
Priviledg
or
Prescription
are
not
chargeable
with
the
payment
of
any
such
Tithes
,
or
that
be
discharged
by
any
composition
real
,
and
having
said
thus
much
in
vindication
of
the
Common
Law
,
I
shall
proceed
to
shew
what
Prescriptions
and
Customs
,
de
modo
decimandi
vel
de
non
decimando
are
good
and
allowed
at
Common
Law
.
who
may
not
prescribe
in
who
may
prescribe
in
Church
Wardens
not
A
Clergy
Man
may
prescribe
for
himself
and
Tenants
.
de
non
decimando
Patenter
del
Roy.
de
non
decimando
à
posterior
A
Country
may
prescribe
Who
may
prescribe
A
modus
to
pay
two
things
and
one
fails
.
Prescriptions
must
not
sleep
Modus
for
houses
S●lect
Cases
What
Prescriptions
are
good
Wool
and
Lamb.
For
Corn.
Edward
Coke
Land
in
lieu
of
Tithes
Headlands
,
Balks
and
Hay
Edward
Coke
Guest
Horses
Modus
for
Land
.
Where
a
modus
to
the
Vicar
shall
discharge
against
the
Parson
,
and
Select
Cases
to
pay
a
rate
to
the
Vicar
for
Tithes
due
to
the
Parson
.
Jac.
B.
R.
de
non
decimando
What
matter
will
destroy
a
John
Hollys
By
what
Conveyances
Tithes
will
pass
▪
ejectione
firmae
That
all
such
barren
Heath
or
wast
Ground
,
other
than
such
as
be
discharged
from
the
payment
of
Tithes
by
Act
of
Parliament
,
which
before
this
time
have
lain
barren
and
paid
no
Tithes
by
reason
of
the
same
barrenness
,
and
now
be
,
or
hereafter
shall
be
improved
and
converted
into
arable
ground
or
meadow
,
shall
from
henceforth
after
the
end
and
term
of
seven
years
next
after
such
Improvement
fully
ended
and
determined
,
pay
Tithe
of
Corn
and
Hay
growing
upon
the
same
,
any
thing
in
this
Act
to
the
contrary
in
any
wise
notwithstanding
.
That
if
any
such
barren
waste
or
heath
ground
hath
before
this
time
been
charged
with
the
payment
of
any
Tithes
,
and
that
the
same
be
hereafter
improved
and
converted
into
arable
or
Meadow
,
that
then
the
owner
or
owners
thereof
shall
during
the
seven
years
next
following
from
and
after
the
same
Improvement
pay
such
kind
of
Tithe
as
was
paid
for
the
same
before
the
said
Improvement
,
any
thing
in
this
Act
That
no
Person
shall
be
sued
or
otherwise
compelled
to
yield
,
give
or
pay
any
manner
of
Tithes
for
any
Mannors
,
Lands
,
Tenements
or
Hereditaments
,
which
by
the
Laws
and
Statutes
of
this
Realm
,
or
by
any
Priviledg
or
Prescription
are
not
chargeable
with
the
payment
of
any
such
Tithes
,
or
that
be
discharged
by
any
composition
real
.
Edward
Coke
suapte
natura
confirmed
by
the
Canons
provincial
Quoniam
propter
verbo
Redemptionem
Stat.
of
El.
13
El.
cap.
10.
to
make
any
Grants
other
than
for
twenty
one
years
,
or
for
three
Lives
with
the
other
qualifications
mentioned
in
the
said
Act.
What
Monastery
Lands
shall
be
freed
from
payment
of
Tithes
.
That
the
King
and
his
Patentees
,
The
Clause
of
31
H.
8.
that
frees
Abbey
Lands
.
which
then
had
,
or
then
after
should
have
,
any
Monasteries
,
Abbathies
,
Priories
,
Nunneries
,
Colledges
,
Hospitals
,
Houses
of
Fryars
,
or
any
Mannors
,
Lands
which
did
belong
to
them
,
should
have
,
hold
,
retain
,
keep
and
enjoy
the
said
Mannors
,
according
to
their
Estates
and
Titles
discharged
and
acquitted
of
the
payment
of
Tithes
as
freely
,
and
in
as
large
and
ample
manner
as
the
said
Abbots
,
or
any
of
them
had
held
,
occupied
,
possessed
,
used
,
retained
,
or
enjoyed
the
same
,
or
any
part
thereof
at
the
days
of
their
dissolution
.
Cistertians
,
Hospitaliers
The
Templers
de
non
decimando
Lands
of
the
lesser
Abbeys
granted
to
the
bieger
not
freed
.
Perpetual
unity
How
other
Lands
stand
that
came
not
to
the
Crown
by
Richard
Weston
B.
R.
H.
cap.
Richard
Weston
Quoniam
propter
verb.
decimae
personales
.
What
personal
Tithes
are
,
and
where
payable
.
That
every
Person
exercising
,
The
Statute
for
personal
Tithes
.
merchandizing
,
bargaining
and
selling
,
cloathing
,
handicraft
,
or
other
art
or
faculty
,
being
such
kind
of
persons
,
as
then
before
within
forty
years
had
accustomably
used
to
pay
such
personal
Tithes
,
or
of
right
ought
to
pay
(
other
than
such
as
be
common
day
Labourers
)
shall
yearly
pay
for
his
personal
Tithes
the
tenth
part
of
his
clear
gains
,
his
charges
deducted
.
And
where
handycraft
men
have
used
to
pay
their
Tithes
within
this
forty
years
,
the
same
Custom
of
Tithes
is
to
be
observed
;
and
if
any
Person
refuse
to
pay
his
personal
Tithes
,
It
shall
be
lawful
to
the
Ordinary
of
the
same
Diocess
to
call
the
same
Party
before
him
,
and
by
his
discretion
to
examine
him
by
all
lawful
and
reasonable
means
,
other
than
by
the
Parties
own
corporal
Oath
concerning
the
true
payment
of
the
said
Tithes
.
Whether
due
of
ill
gotten
profit
.
habetur
de
Consecrat.
div.
De
Oblationibus
Simon
Mepham
That
all
and
every
Person
or
Persons
which
by
the
Laws
and
Custome
of
this
Realm
ought
to
make
or
pay
their
offerings
,
2
E.
6.
c.
13.
The
Statute
for
Offerings
.
shall
yearly
from
thenceforth
,
well
and
truly
content
and
pay
,
his
or
their
offerings
to
the
Parson
,
of
the
Parish
,
or
Parish
where
it
shall
fortune
or
happen
,
him
or
them
,
to
dwell
or
abide
,
Simon
Laugham
Statutum
&
infra
The
Canon
The
Statute
for
Mortuaries
That
no
Man
should
pay
a
Mortuary
unless
he
died
possessed
of
Goods
to
the
value
of
ten
Marks
,
that
is
,
six
pounds
thirteen
shillings
and
four
pence
.
That
no
Mortuary
should
be
paid
or
demanded
,
but
in
such
places
where
they
have
used
to
be
paid
or
given
.
That
they
should
be
paid
but
in
one
place
,
and
that
at
the
partie
's
most
usual
dwelling
and
habitation
,
and
there
but
one
Mortuary
,
and
that
after
the
rate
following
,
that
is
to
say
.
That
if
the
decedent
at
the
time
of
his
death
,
had
in
moveable
Goods
to
the
value
of
ten
Marks
clearly
,
his
debts
first
paid
and
under
the
sum
of
thirty
pounds
,
then
he
should
pay
three
shillings
and
four
pence
and
no
more
,
and
this
must
be
in
moveables
,
and
not
in
Chattels
as
Leases
for
Years
,
That
if
the
decedent
died
possessed
of
moveables
of
the
value
of
thirty
pounds
,
and
under
the
value
of
forty
pounds
,
to
pay
six
shillings
and
eight
pence
for
a
Mortuary
.
If
the
Decedents
Goods
be
of
the
value
of
forty
pounds
or
upwards
,
then
to
pay
ten
shillings
for
a
Mortuary
.
That
no
married
Woman
,
Child
,
or
Person
not
keeping
House
should
pay
any
mortuary
,
nor
a
wayfaring
Man
,
or
other
that
was
not
resident
where
he
died
,
but
those
to
pay
where
they
were
last
resident
.
The
Parson
or
Vicar
are
not
by
this
Act
barred
of
any
Legacy
given
,
or
offering
to
be
made
to
them
.
No
Mortuary
to
be
paid
in
or
in
the
Marches
of
but
where
accustomed
It
is
provided
that
the
four
Bishops
,
and
the
Arch-Deacon
of
may
,
notwithstanding
this
Act
,
take
their
accustomed
Mortuaries
.
That
where
less
hath
accustomably
been
taken
for
Mortuaries
than
is
limited
by
the
Act
,
there
no
more
than
is
due
by
the
Custom
shall
be
taken
.
Edward
Coke
Mortuaries
due
only
by
Custom
Circumspecte
Agatis
ubi
mortuarium
dari
consuevit
Bishop
of
his
demand
as
Archdeacon
of
a
Commendam
Tithes
in
how
to
be
paid
Omnis
Christianus
Idem
de
Paroc
In
quibus
Dies
dominicos
,
&
dies
festivos
.
That
the
Citizens
of
from
thenceforth
for
ever
,
should
pay
yearly
without
fraud
or
guil
to
their
Parsons
,
for
the
time
being
;
for
every
ten
shillings
rent
of
all
houses
,
shops
,
warehouses
,
cellars
and
stables
within
the
said
City
of
and
the
Liberties
of
the
same
and
for
every
and
so
ascending
for
every
ten
shillings
rent
.
That
if
any
dwelling
houses
,
shops
,
should
be
leased
by
fraud
or
covin
,
reserving
less
Rent
than
hath
been
accustomed
;
or
shall
by
reason
of
Fine
,
or
by
fraud
or
covin
,
make
any
Lease
without
reserving
any
Rent
,
then
the
Farmer
or
Tenant
shall
pay
after
the
same
Rate
,
the
said
house
,
was
last
let
for
without
Covin
;
but
note
,
that
if
the
house
,
be
let
at
as
great
a
Rent
as
the
same
was
set
at
,
at
the
time
of
the
making
of
the
said
Statute
,
then
no
fraud
can
be
averred
,
although
a
Fine
or
In-come
was
given
for
the
said
Lease
.
That
if
a
house
be
leased
,
and
no
Rent
at
all
reserved
,
then
such
house
,
shall
pay
such
rate
as
the
same
was
let
for
at
the
time
of
the
making
of
the
said
Statute
;
but
where
greater
Rent
is
reserved
,
it
is
to
pay
according
to
the
best
improved
value
.
But
where
Houses
had
been
always
held
by
the
Owners
,
2
Inst.
660⸫
and
,
by
consequence
,
no
Rent
paid
,
that
is
in
this
Statute
,
and
such
houses
will
be
freed
of
payment
of
Tithes
by
this
Law
.
But
if
it
were
a
house
,
that
yielded
Rent
at
the
time
of
the
making
of
the
Decree
,
and
be
now
let
without
Rent
,
it
shall
pay
Tithe
according
to
the
Rate
it
was
set
for
at
the
making
of
the
Decree
,
although
no
Fine
at
all
were
paid
for
such
Lease
.
The
Tithes
upon
this
Decree
cannot
be
sued
for
in
the
Ecclesiastical
Court
,
because
the
Act
it self
declares
how
they
shall
be
recovered
.
That
if
the
Owners
held
the
houses
themselves
,
then
they
shall
pay
Tithe
after
the
rate
the
same
were
set
for
at
the
time
of
the
Decree
.
That
if
any
person
take
any
house
,
by
Lease
,
and
he
and
his
Executors
,
live
in
part
of
it
,
and
set
out
part
,
the
principal
Farmer
or
Taker
,
his
Executors
,
shall
pay
their
Tithes
for
his
and
their
Parts
after
the
rate
aforesaid
,
and
of
such
part
as
is
farmed
out
according
to
the
rate
it
is
set
at
.
And
in
the
same
manner
Tithes
are
to
be
paid
,
where
one
takes
a
Lease
of
several
houses
,
and
le
ts
out
part
,
and
holds
any
part
himself
.
That
if
any
Farmer
,
or
his
Assigns
shall
farm
all
the
houses
,
so
farmed
to
one
or
divers
Tenants
,
the
Tenants
shall
pay
Tithes
according
to
the
Rent
reserved
.
That
if
dwelling
houses
shall
be
converted
into
Ware-houses
,
or
yet
they
shall
pay
Tithe
according
to
the
Rate
aforesaid
.
That
if
a
Dye-house
or
Brew-house
be
let
with
the
Implements
,
then
a
third
penny
of
the
Tithes
after
the
rate
abovesaid
to
be
abated
.
That
where
a
mansion
house
with
shops
,
stables
,
wharfs
,
with
Cranes
,
Timber-yard
or
Gardens
belonging
to
the
same
,
and
occupied
together
shall
afterwards
be
severed
,
or
were
severed
within
years
before
the
Decree
,
that
then
the
Farmers
of
the
shops
,
stables
,
shall
pay
Tithes
according
to
the
rate
abovesaid
.
That
these
Tithes
shall
be
paid
quarterly
at
That
any
Housholder
,
that
holds
a
house
of
Rent
,
or
above
,
shall
be
acquit
of
his
Offerings
;
but
his
Wife
,
Children
,
and
Servants
shall
pay
yearly
for
their
four
Offering
days
,
receiving
at
Easter
.
That
if
any
house
of
Rent
or
above
,
shall
be
let
by
parcels
under
Rent
,
then
the
Owner
,
if
he
live
in
any
part
of
the
house
,
or
the
chief
Tenant
,
shall
pay
the
Tithe
after
the
rate
as
the
same
house
was
accustomably
letten
before
such
Division
,
and
the
Sub-Tenants
,
that
hold
less
than
without
fraud
or
covin
shall
pay
yearly
for
their
Offerings
That
no
Tithes
shall
be
paid
for
any
Gardens
belonging
to
any
Mansion
house
,
and
which
are
held
for
pleasure
;
but
if
such
Garden
contain
half
an
Acre
of
ground
or
more
,
and
shall
make
any
yearly
profit
by
Sale
,
then
the
same
to
be
paid
for
,
according
to
the
rate
abovesaid
.
This
Act
is
not
to
extend
to
the
houses
of
Noblemen
or
Noblewomen
whilst
they
are
kept
in
their
own
hands
,
and
not
lett
for
Rent
,
and
which
formerly
paid
no
Tithe
,
so
long
as
the
same
continue
unletten
,
nor
to
the
Halls
of
any
Craft
or
Companies
so
long
as
the
same
are
unletten
,
and
in
times
past
paid
no
Tithes
.
That
Shedds
,
Stables
,
Cellars
,
Timber-yards
and
Tenter-yards
,
which
were
never
parcell
of
,
or
belonging
to
any
dwelling
House
,
and
which
has
not
been
used
to
pay
Tithes
,
shall
be
acquit
of
the
payment
of
Tithes
,
as
hath
been
accustomed
.
But
if
by
Custom
any
lesser
rate
have
been
paid
than
after
the
rate
of
two
shillings
and
nine
pence
in
the
pound
,
then
the
accustomed
rate
only
to
be
paid
.
The
Lord
Major
of
the
City
of
by
the
advice
of
Councel
is
Authorized
by
the
said
Act
,
to
hear
and
determine
all
differences
arising
upon
this
Decree
,
and
give
costs
according
to
the
intent
thereof
.
That
if
the
Major
do
not
make
an
end
of
such
differences
within
two
Months
after
complaint
;
or
if
any
Person
find
himself
agrieved
by
his
Decree
,
then
the
Lord
Chancellor
within
three
Months
after
complaint
to
him
made
,
shall
make
on
end
of
the
differences
with
costs
,
That
if
Rents
fall
by
reason
of
decay
or
burning
,
to
less
than
they
were
accustomably
letten
,
that
then
the
Tithes
during
such
Term
,
shall
be
paid
according
to
the
Rent
reserved
.
Where
Suits
for
Tithes
in
shall
be
determined
Edward
Coke
Fortescue
.
Where
the
Spiritual
Court
may
determine
the
Right
of
Tithes
.
Where
the
Temporal
Courts
have
not
Jurisdiction
of
Tithes
.
Where
the
Spiritual
Court
cannot
determine
the
right
of
Tithes
.
circumspecte
agatis
By
the
Statute
That
it
is
an
Act
of
Parliament
.
Edward
Coke
And
extends
to
all
That
every
Subject
of
and
the
Marches
of
the
same
,
should
according
to
the
Ecclesiastical
Laws
and
Ordinances
of
the
Church
of
and
after
the
laudable
Vsages
and
Customs
of
the
Parishes
or
other
places
where
he
dwells
or
occupies
,
shall
yield
and
pay
his
Tithes
and
offerings
,
and
other
duties
of
holy
Church
:
And
that
for
subtraction
of
such
Tithes
,
may
by
due
process
of
the
King
's
Ecclesiastical
Laws
consent
the
Person
,
so
offending
,
before
his
Ordinary
or
other
competent
Judg
,
having
Authority
to
hear
and
determine
the
right
,
Tithes
,
And
to
compel
the
pa●●●
offending
to
do
and
yield
their
duties
in
that
behalf
.
And
in
case
the
Ordinary
,
for
any
contempt
,
contumacy
,
disobedience
or
other
misdemeanour
of
the
Party
Defendant
,
shall
make
information
to
any
of
the
Kings
most
Honourable
Councel
,
or
to
the
Justices
of
the
Peace
of
the
Shire
where
the
Offender
dwell●
to
assist
and
aid
the
Ordinary
,
and
to
order
and
reform
any
such
Person
,
in
any
Cause
before
rehearsed
,
that
then
be
of
the
Kings
Councel
,
or
such
two
Justices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
to
whom
such
information
or
request
shall
be
made
,
shall
have
power
to
attach
,
or
cause
to
be
attached
the
Person
,
or
,
against
whom
such
information
shall
he
made
,
and
to
commit
the
same
Persons
to
Ward
,
there
to
remain
without
Bail
or
Mainprise
untill
he
,
shall
have
found
sufficient
Surety
to
be
bound
by
Recognisance
or
otherwise
,
before
the
Kings
Counsellor
,
or
,
or
any
other
like
Counsellors
,
or
Justices
,
to
the
use
of
the
King
,
to
give
due
obedience
to
the
Process
and
Proceedings
,
Decrees
and
Sentences
of
the
Ecclesiastical
Court
wherein
such
Suit
,
shall
depend
or
be
.
And
further
gives
power
to
the
said
Counsellor
,
or
to
two
Justices
of
the
Peace
,
whereof
one
to
be
of
the
Quorum
,
to
take
,
receive
,
and
Record
such
Recognizance
and
Bonds
.
There
is
a
in
this
Act
,
that
it
shall
not
extend
to
And
another
that
the
Party
sued
may
have
all
legal
Defences
,
Appeals
and
Prohibitions
.
by
which
it
is
enacted
,
that
all
and
singular
persons
,
shall
fully
,
truly
and
effectually
divide
,
set
out
,
yield
or
pay
all
and
singular
Tithes
and
Offerings
,
according
to
the
lawful
Customs
and
Vsages
of
the
Parishes
and
Places
where
,
and
in
case
any
person
to
detain
or
with-hold
any
of
the
said
Tithes
or
Offerings
,
or
any
part
or
parcel
thereof
,
that
then
the
person
lay
or
,
shall
and
may
convent
the
person
or
,
before
the
Ordinary
according
to
the
Ecclesiastical
Laws
and
so
proceed
to
Sentence
according
to
the
Process
and
course
of
the
Ecclesiastical
Laws
.
And
that
if
any
Party
appeal
against
the
Judges
Sentence
,
he
shall
then
assess
the
Costs
of
his
Suit
therein
before
expended
,
and
shall
compel
the
Appellant
to
pay
the
said
costs
by
the
compulsory
Process
and
Censures
of
the
said
Laws
,
taking
security
of
the
said
Party
,
to
whom
the
said
costs
shall
be
paid
,
to
repay
the
same
if
the
Appeal
be
adjudged
against
him
.
And
if
any
Person
after
sentence
definitive
given
against
him
,
shall
obstinately
and
wilfully
refuse
to
pay
their
Tithes
,
or
the
sum
adjudged
,
that
then
two
Justices
of
the
Peace
,
whereof
one
shall
be
of
the
Quorum
,
shall
,
upon
Information
,
Certificate
,
or
complaint
to
them
made
by
writing
by
the
said
Ecclesiastical
Judg
,
cause
the
party
refusing
to
be
attached
and
committed
to
the
next
Goal
,
there
to
remain
till
he
,
have
found
sufficient
sureties
to
be
bound
by
Recognizance
.
or
otherwise
before
the
same
Justices
to
the
use
of
the
King
to
perform
the
said
definitive
sentence
.
Provided
that
no
Person
or
to
be
sued
or
otherwise
compelled
,
to
yield
,
give
or
pay
any
manner
of
Tithes
for
any
Mannor
,
Lands
,
which
by
the
Laws
or
Statutes
of
this
Realm
are
discharged
,
or
not
chargeable
with
,
Provided
that
this
Act
shall
not
extend
,
or
be
expounded
to
give
any
remedy
,
cause
of
Action
,
or
Suit
in
the
Courts
Temperal
against
any
Person
,
which
shall
refuse
or
deny
to
set
out
his
or
their
Tithes
,
or
which
shall
detain
,
with-hold
or
refuse
to
pay
his
Tithes
or
Offerings
,
or
any
parcel
thereof
;
but
that
in
all
such
Cases
the
person
or
persons
,
being
Ecclesiastical
or
Lay
Persons
,
having
cause
to
demand
or
have
the
said
tihes
or
Offerings
,
or
thereby
wronged
or
grieved
shall
take
and
have
their
remedy
for
their
said
Tithes
and
Offerings
in
every
such
Case
in
the
Spiritual
Courts
,
according
to
the
Ordinance
in
the
former
Part
of
the
said
Act
mentioned
,
and
not
otherwise
,
any
thing
,
That
if
any
Person
carry
away
his
Corn
or
Hay
,
Stat.
2.
E.
6.
cap.
13.
or
other
predial
Tithes
before
the
Tithe
thereof
be
set
forth
,
or
willingly
withdraw
his
Tithes
of
the
same
,
that
then
upon
due
proof
thereof
made
before
the
Spiritual
Judge
,
or
any
other
Judge
to
whom
heretofore
he
might
have
made
complaint
,
the
Party
so
carrying
away
,
withdrawing
,
letting
or
stopping
,
shall
pay
double
the
value
of
the
Tenth
or
Tithe
so
taken
,
lost
,
withdrawn
or
carried
away
,
over
and
besides
the
costs
,
charges
and
expences
of
the
Suit
in
the
same
,
the
same
to
be
recovered
before
the
Ecclesiastical
Judge
according
to
the
Ecclesiastical
Laws
.
There
is
a
Proviso
in
this
Act
,
that
gives
occasion
of
many
Prohibitions
to
this
effect
.
That
no
person
shall
be
sued
,
or
otherwise
compelled
to
yield
,
give
or
pay
any
manner
of
Tithes
for
any
Mannors
,
Lands
,
Tenements
or
Hereditaments
,
which
by
the
Laws
and
Statutes
of
this
Realm
,
or
by
any
Priviledg
or
Prescription
are
not
chargeable
with
the
payment
of
such
Tithes
,
or
that
be
discharged
by
any
Composition
real
.
There
is
also
another
Proviso
in
this
Statute
as
in
the
former
,
Sole
Jurisdiction
to
the
Spiritual
Courts
.
which
restrains
all
Suits
for
Subtraction
of
Tithes
to
be
sued
in
the
Ecclesiastical
Court
,
and
that
it
shall
not
be
lawful
to
sue
any
with-holder
of
Tithes
,
obventions
,
in
any
other
Court
;
and
that
if
the
Ecclesiastical
Judge
shall
give
Sentence
,
no
Prohibition
or
Appeal
depending
,
and
the
Party
condemned
do
not
obey
the
Sentence
,
that
then
such
Judge
may
excommunicate
the
Party
,
and
if
he
wilfully
stand
excommunicated
by
the
space
of
forty
days
next
after
publication
thereof
in
the
Parish
Church
,
or
the
Place
or
Parish
,
Excommunicato
capiendo
given
.
where
the
Party
excommunicated
is
dwelling
or
most
abiding
,
then
the
Judge
Ecclesiastical
may
certifie
the
King
in
and
require
Process
of
That
the
aforesaid
Clause
shall
not
extend
to
give
any
Judge
Ecclesiastical
Jurisdiction
to
hold
Plea
of
any
matter
,
cause
or
thing
repugnant
to
,
or
against
,
the
effect
,
intent
or
meaning
of
the
Stat.
of
the
second
the
Stat.
of
the
Treatise
or
any
of
them
,
or
to
hold
Plea
in
any
matter
,
wherein
the
Kings
Court
ought
to
have
Jurisdiction
,
any
thing
therein
,
In
what
Cases
the
Temporal
Courts
have
,
and
may
,
determine
the
Right
of
Tithes
.
Palatines
,
&c.
Bounds
of
the
Parish
Monastery
—
Lands
discharged
of
Tithes
.
Porter
vers
.
Rechester
Suits
for
things
not
Tithable
For
matters
determinable
at
Common
Law
.
For
irregular
Proceeding
of
the
Spiritual
Courts
.
〈…〉
proof
〈◊〉
witness
Contra
Co.
By
the
Statute
of
It
is
enacted
,
2
E.
6.
cap.
13.
Must
produce
a
Copy
of
the
Libel
.
that
no
Prohibition
shall
be
granted
in
matters
of
Tithes
in
any
of
the
Kings
Courts
,
unless
the
Party
that
requires
the
same
bring
and
deliver
to
some
of
the
Court
,
where
he
prays
such
Prohibition
,
a
true
Copy
of
the
Libel
subscribed
by
the
hand
of
the
Party
,
and
the
suggestion
underwritten
,
and
that
if
he
do
not
prove
that
suggestion
by
two
honest
,
substantial
witnesses
in
the
same
Court
within
six
Months
after
the
Prohibition
granted
and
awarded
,
then
the
Party
delayed
shall
have
a
Consultation
without
delay
,
Must
prove
the
Suggestion
within
six
Months
.
and
double
Costs
to
be
assessed
by
the
Court
,
wh●re
the
Consultation
is
so
granted
,
to
be
recovered
in
an
Action
of
Debt
,
wherein
no
essoine
shall
be
allowed
Observations
upon
this
Clause
ore
tenus
Where
a
Prohibition
was
be
had
after
Consultation
.
How
the
sin
Months
to
prove
a
Suggestion
is
to
be
accounted
.
Where
no
Consultation
shall
be
granted
upon
a
Verdict
for
the
Defendant
.
Henry
Hobarts
Prohibition
after
Sentence
Circumspecte
Agatis
at
Common
Law
.
per
mode
per
Markham
Lay
for
any
Tithes
Edward
Coke
Circumspecte
Agatis
Where
the
The
Form
of
the
Writ
not
altered
by
the
Statutes
.
Lyes
of
Offerings
But
where
the
same
Person
is
Patron
and
Incumbent
,
The
relief
of
Tenant
in
tail
,
Purveyance
,
Scire
facia●
&c.
Writs
mandatory
That
every
of
the
Kings
Subjects
should
from
thenceforth
truly
and
justly
without
fraud
or
guile
set
out
,
yield
and
pay
all
manner
of
their
predial
Tithes
in
their
proper
kinds
,
as
they
arise
and
happen
in
such
manner
and
form
as
hath
been
of
Right
yielded
and
paid
within
forty
years
next
before
,
or
of
Right
or
Custom
ought
to
have
been
paid
,
and
that
no
person
thenceforth
should
take
or
carry
away
such
or
like
Tithes
,
which
had
been
yielded
or
paid
within
the
said
forty
years
,
or
of
right
ought
to
have
been
paid
in
the
place
or
places
Tithable
of
the
same
,
before
he
hath
justly
divided
or
set
forth
for
the
Tithes
thereof
,
the
tenth
part
of
the
same
,
or
otherwise
agreed
for
the
same
Tithes
with
the
Parson
,
under
the
pain
of
the
forfeiture
of
the
treble
value
of
the
Tithes
so
taken
and
carried
away
.
Colier
.
P.
Jac.
B.
R.
multitudo
errantium
parit
errori
Patrocinium
By
whom
,
and
against
whom
,
Actions
lye
in
this
Statute
.
The
Form
of
the
Declar.
inter
Luvered
Owen
.
M.
Jac.
C.
B.
subditus
dictii
Domini
Regis
Pleas
in
this
Action
What
Evidence
is
necessary
in
this
Action
.
I
A.
B.
do
here
declare
my
unfeigned
assent
and
consent
,
to
all
and
every
thing
contaiend
and
prescribed
in
and
by
the
Book
Intitled
the
Book
of
Common
Prayer
and
Administration
of
the
Sacraments
,
and
other
Rites
and
Ceremonies
of
the
Church
,
according
to
the
use
of
the
Church
of
together
with
the
Psalter
or
Psalms
of
David
,
pointed
as
they
are
to
be
sung
or
said
in
Churches
,
and
the
form
or
manner
of
making
,
or
Ordaining
,
and
Consecrating
Bishops
,
Priests
and
Deacons
.
nihil
dicit
,
non
sum
informatus
,
Br.
Jurisdiction
Survey
of
Algate
London
that
the
Diocesan
of
the
place
where
any
Church
was
to
be
appropriated
,
should
take
care
the
Vicarage
should
be
well
and
sufficiently
endowed
besides
a
Portion
to
the
poor
.
But
this
Act
not
having
the
effect
was
desired
and
expected
,
the
Bishops
of
those
times
being
overawed
by
his
Holinesses
mandates
,
or
participating
too
much
of
his
qualities
,
a
second
good
Act
was
made
in
the
Year
of
King
whereby
it
was
enacted
,
that
all
those
appropriations
that
were
made
since
the
former
Statute
without
such
endowments
,
were
declared
to
he
void
.
And
that
no
Religious
Person
(
that
is
,
Monks
and
Fryers
)
should
be
made
Vicar
in
any
Church
appropriated
,
or
to
be
appropriated
by
any
means
in
time
to
come
,
and
that
no
Vicarage
should
be
appropriated
by
these
Statutes
,
and
divers
other
Statutes
cited
in
this
work
upon
several
occasions
.