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
sort
to
all
Intents
and
Purposes
,
as
if
the
party
so
Inducted
,
&c.
were
naturally
dead
;
one
Moiety
of
which
forfeitures
shall
be
to
the
Queen
,
her
Heirs
and
Successors
:
and
the
other
Moiety
to
the
party
that
will
sue
for
the
same
in
any
of
her
Majestie
's
Courts
of
Record
,
13
Eliz.
cap.
6.
Cave
quid
solvis
.
All
Ministers
are
to
be
Consecrated
according
to
the
Book
of
Common-Prayer
.
All
Ministers
are
to
be
made
and
Consecrated
according
to
the
Book
of
Common-Prayer
,
as
it
is
now
settled
,
and
he
that
is
otherwise
made
,
or
present
at
any
other
making
of
them
then
according
to
that
Book
,
and
shall
be
thereof
Lawfully
Convicted
by
Verdict
of
Twelve
Men
,
or
by
his
or
their
Confession
,
or
otherwise
for
the
first
Offence
,
shall
be
Imprisoned
six
Months
without
Bail
,
for
the
second
Offence
,
one
whole
Year
,
and
for
the
third
Offence
,
during
Life
,
5
and
6
E.
6.
cap.
1
and
vide
14.
Car.
2
cap.
4.
None
is
to
be
admitted
,
either
Deacon
None
to
be
admitted
Deacon
or
Priest
,
except
he
exhibi●
to
the
bishop
a
Presentation
●
of
himself
,
to
s●me
Ecclesiastical
preferment
,
&c.
or
Priest
,
except
he
exhibit
to
the
Bishop
of
whom
he
desireth
Imposition
of
Hands
,
a
Presentation
of
himself
to
some
Ecclesiastical
Preferment
,
then
void
in
that
Diocess
,
or
shall
bring
to
the
said
Bishop
a
true
and
undoubted
Certificate
,
that
either
he
is
provided
of
some
Church
,
within
the
said
Diocess
,
where
he
may
attend
the
cure
of
Souls
,
or
of
some
Minister's
place
,
Vacant
,
either
in
the
Cathedral
Church
of
that
Diocess
,
or
in
some
other
Collegiate
Church
therein
,
where
he
may
Execute
his
Ministery
:
or
that
he
is
a
Fellow
,
or
in
right
as
a
Fellow
,
or
to
be
a
Conduct
or
Chaplain
in
some
College
in
Cambridge
or
Oxford
,
or
except
he
be
a
Master
of
Arts
of
five
Years
standing
,
that
liveth
of
his
own
charge
in
either
of
the
Universities
:
or
except
by
the
Bishop
himself
that
Ordains
him
,
he
be
shortly
after
to
be
admitted
either
to
some
Benefice
or
Curateship
then
void
.
And
if
any
Bishop
shall
admit
any
Person
into
the
Ministery
that
hath
none
of
these
Titles
,
then
the
Bishop
is
to
keep
and
maintain
him
till
he
do
prefer
him
to
some
Ecclesiastical
Living
;
And
if
the
Bishop
refuse
to
do
so
,
the
Archbishop
assisted
with
another
Bishop
,
may
suspend
the
said
Bishop
from
giving
of
Orders
by
the
space
of
a
Year
,
Can.
33.
No
Person
to
be
admitted
into
Orders
,
except
he
exhibit
Letters
Testimonial
of
his
good
Life
and
Conversation
,
&c.
No
Bishop
is
to
admit
any
Person
into
Orders
,
which
is
not
of
his
own
Diocess
,
except
he
be
either
of
one
of
the
Universities
of
this
Realm
,
or
bring
Letters
Dimissory
from
the
Bishop
of
whose
Diocess
he
is
,
and
exhibit
Letters
Testimonial
,
of
his
good
Life
and
Conversation
,
under
the
Seal
of
some
College
in
Cambridge
or
Oxford
;
where
he
remained
;
or
of
three
or
four
Grave
Ministers
,
with
other
credible
Persons
who
have
known
his
Life
and
Behaviour
by
the
space
of
three
Years
beford
:
and
be
able
to
yield
an
accompt
of
his
Faith
in
Latine
,
according
to
the
Articles
of
Religion
;
approved
in
the
Synode
of
the
Bishops
and
Clergy
of
this
Realm
:
1
Inno
.
Dom.
1562.
And
desiring
to
be
●
Deacon
is
twenty
three
Years
Old
,
and
to
be
a
Priest
twenty
four
Years
compleat
,
Can.
24.
and
13
Eliz.
cap.
12.
and
vide
Co.
Inst.
4
part
,
f.
324.
None
to
be
admitted
into
Holy
Orders
without
Examination
.
The
Bishop
before
he
admit
any
Person
into
Holy
Orders
,
is
either
to
examine
such
Person
himself
,
or
cause
some
Ministers
of
his
Diocess
to
examine
him
;
and
if
any
Bishop
or
Suffragan
,
admit
any
to
Sacred
Orders
,
who
is
not
qualified
and
examined
,
then
the
Archbishop
of
that
Province
,
with
the
assistance
of
another
Bishop
,
may
suspend
such
Bishop
or
Suffragan
so
offending
,
from
making
either
Deacon
or
Priest
,
for
the
space
of
Two
Years
,
Can.
35.
None
is
Preach
without
Licence
and
Subscriptions
,
first
,
〈◊〉
and
made
.
And
note
,
that
none
are
to
be
received
into
the
Ministery
;
nor
suffered
to
Preach
,
Catechise
,
or
to
be
a
Lecturer
,
or
Reader
of
Divinity
,
in
either
Universitie
,
or
in
any
Cathedral
,
or
Collegiate
Church
,
City
,
or
Market-Town
,
Parish
,
Church
,
Chappel
,
or
in
any
other
place
,
except
he
be
Licenced
,
either
by
the
Archbishop
,
or
Bishop
of
the
Diocess
,
(
where
he
is
so
placed
)
under
their
Hands
and
Seals
,
or
by
one
of
the
two
Universities
,
under
their
Seal
;
and
do
first
subscribe
to
these
three
Articles
following
,
viz.
First
,
That
the
King's
Majesty
under
God
,
is
the
only
Supream
Governor
of
this
Realm
,
and
of
all
other
his
Majestie
's
Dominions
and
Countries
;
as
well
in
all
Spiritual
or
Ecclesiastical
things
or
Causes
,
as
Temporal
.
Secondly
,
That
the
Book
of
Common-Prayer
,
and
of
ordering
Bishops
,
Priests
,
and
Deacons
,
containeth
in
it
nothing
contrary
to
the
word
of
God
,
&c.
Thirdly
,
That
he
alloweth
of
the
Book
of
Articles
of
Religion
,
made
in
the
Year
,
1562.
and
acknowledgeth
them
to
be
agreeable
to
the
word
of
God
,
&c.
Which
Subscription
is
thus
to
be
made
by
such
Persons
as
shall
enter
into
Orders
,
viz.
I.
A.
B.
'
do
willingly
and
ex
Animo
,
Subscribe
to
these
three
Articles
above
mentioned
,
and
to
all
things
that
are
contained
in
them
.
And
if
any
Bishop
Ordain
,
Admit
,
or
Licence
any
Person
,
except
he
first
Subscribe
,
as
aforesaid
,
he
may
be
suspended
from
giving
of
Orders
,
and
Licences
to
Preach
,
for
the
space
of
Twelve
Months
,
Can.
36.
&
vide
Co.
Inst.
4
Part
f.
324.
The
punishment
of
Revoling
after
Subscription
.
If
any
Minister
after
Subscription
to
the
said
three
Articles
do
Revolt
,
he
may
be
suspended
,
and
if
after
a
Month
he
do
not
Reform
,
he
may
be
Excommunicated
:
and
if
he
submit
not
within
the
space
of
another
Month
,
he
may
be
deposed
from
the
Ministery
,
Can.
38.
1
Such
Persons
as
are
not
Episcopally
The
Penalty
of
such
Persons
as
are
admitted
to
any
Benefice
,
or
Administer
the
Sacraments
,
not
being
Episcopally
ordained
Ordained
according
to
the
Book
of
Common-Prayer
,
are
not
capable
of
,
or
to
be
admitted
to
any
Parsonage
,
Vicarage
,
Benefice
,
or
other
Ecclesiastical
Promotion
,
or
Dignity
whatsoever
,
nor
shall
presume
to
Consecrate
and
Administer
the
Sacrament
of
the
Lord's
Supper
,
before
such
time
as
he
shall
be
Ordained
Priest
,
according
to
the
Book
of
Common-Prayer
,
upon
pain
of
an
Hundred
Pounds
for
every
offence
,
one
Moity
thereof
to
the
King
,
and
the
other
Moity
to
be
divided
between
the
Poor
of
the
Parish
,
where
the
offence
is
Committed
,
and
the
Informer
:
and
the
Person
so
offending
,
to
be
disabled
from
taking
or
being
admitted
into
the
Order
of
Priest-hood
,
by
the
space
of
one
Year
,
then
next
following
,
14
Car.
2
cap.
4.
And
if
any
do
affirm
or
teach
,
that
The
Penalty
of
such
as
affirm
that
the
manner
of
making
Pr●iests
&c.
●s
contrary
to
the
word
of
God
.
the
form
and
manner
of
making
,
and
Consecrating
Bishops
,
Priests
,
and
Deacons
,
containeth
any
thing
in
it
that
is
Repugnant
to
the
word
of
God
,
or
that
they
who
are
so
made
,
are
not
Lawfully
made
and
Ordained
:
they
are
to
be
Excommunicated
,
ipso
facto
,
and
not
to
be
restored
till
they
Repent
,
and
Publickly
Revoke
such
wicked
Errors
,
Gan.
8.
Also
if
any
affirm
,
that
the
King's
The
Penalty
of
such
as
Impugne
,
the
King's
Supremacy
,
&c.
Majesty
hath
not
the
same
Authority
in
Causes
Ecclesiastical
,
that
the
godly
Kings
had
,
amongst
the
Jews
:
Or
,
Impeach
in
any
part
,
his
Regal
Supremacy
:
Or
,
affirm
that
the
Church
of
England
,
by
Law
established
under
the
King's
Majesty
,
is
not
a
true
and
an
Apostolical
Church
:
Or
,
that
the
Form
of
God's
Worship
,
contained
in
the
Book
of
Common-Prayer
,
and
Administration
of
Sacraments
,
is
Corrupt
,
Superstitious
,
and
Unlawfull
:
Or
,
that
any
of
the
39
Articles
of
Religion
,
made
in
the
Year
,
1562.
are
in
any
part
,
Superstitious
or
Erronious
:
Or
,
that
the
Rites
and
Cerimonies
established
in
the
Church
of
England
,
are
wicked
,
Antichristian
or
Superstitious
:
Or
,
that
the
Government
of
the
Church
of
England
,
under
his
Majesty
by
Archbishops
,
Bishops
,
Deans
,
Archdeacons
,
and
the
rest
that
bear
Office
in
the
same
is
Antichristian
,
or
Repugnant
to
the
word
of
God
,
they
are
also
ipso
facto
,
to
be
Excommunicate
,
and
not
to
be
restored
till
they
Repent
,
and
Publickly
a
revoke
such
wicked
Errors
,
Can.
2
,
3
,
4
,
5
,
6
,
7.
And
if
any
affirm
that
such
Ministers
The
punishment
of
such
as
affirm
,
that
such
Ministers
as
refuse
to
subscribe
to
the
form
of
God's
Worship
,
in
the
Church
of
England
,
may
take
unto
the
Name
of
another
Church
,
&c.
as
refuse
to
subscribe
to
the
form
of
God's
Worship
,
in
the
Church
of
Engl.
and
their
Adherents
,
may
take
unto
them
the
Name
of
another
Church
,
not
established
by
Law
,
or
that
they
a
long
time
groaned
under
the
burthen
of
certain
grievances
imposed
on
them
:
Or
,
that
there
are
other
Assemblies
of
the
King's
Subjects
within
the
Realm
(
other
then
such
as
by
the
Laws
of
this
Kingdom
,
are
held
and
allowed
to
be
such
)
who
may
rightly
challenge
to
them selves
the
Name
of
true
and
Lawfull
Churches
:
Or
,
that
it
is
Lawfull
for
any
Ministers
or
People
to
joyn
together
,
and
make
Constitutions
in
Causes
Ecclesiastical
,
without
the
King's
Authority
;
They
are
to
suffer
the
like
pain
of
Excommunication
:
and
not
to
be
restored
till
Repentance
,
and
Publick
Revocation
of
their
Errors
:
Can.
10
,
11
,
12.
The
punishment
of
these
which
affirm
,
that
the
Sacred
Synode
of
the
Nation
assembled
by
the
King's
Authority
is
not
the
〈◊〉
Church
by
Representation
.
Likewise
,
if
any
affirm
,
that
the
sacred
Synode
of
the
Nation
assembled
in
the
Name
of
Christ
:
and
by
Authority
of
the
King
,
is
not
the
true
Church
of
England
,
by
Representation
:
Or
that
none
are
bound
by
the
Decrees
of
such
Synode
,
that
are
not
present
there
themselves
,
or
do
not
agree
to
them
.
Such
Person
so
affirming
,
is
to
be
Excommunicate
,
and
not
to
be
restored
,
till
he
Repent
,
and
Publickly
Revoke
his
Errors
,
Can.
139.
140.
How
Ministers
are
to
be
Apparelled
.
Note
,
That
all
Ministers
shall
usually
wear
Gowns
with
standing
Collers
,
and
Sleeves
straight
at
the
Hands
,
or
wide
Sleeves
as
is
used
in
the
Universities
;
and
in
their
Journies
,
they
shall
usually
wear
Cloaks
,
with
sleeves
commonly
called
Priests
Cloaks
,
without
Gards
,
Welts
,
long
Buttons
,
or
Cuts
,
and
no
Ecclesiastical
Person
shall
wear
any
Coif
,
or
wrought
night
Cap
,
but
only
plain
night
Cap
,
of
black
Silk
,
Satten
,
or
Velvet
;
and
in
private
Houses
,
and
in
their
Studies
,
They
may
use
any
comely
and
Schollar-like
Apparel
,
provided
it
be
not
Cut
or
Pinkt
,
and
that
in
Publick
they
go
not
in
their
Dublet
and
Hose
without
Coats
or
Cassocks
,
and
also
that
they
wear
not
any
light
coloured
Stockins
;
likewise
,
Poor
Beneficed-men
and
Curates
,
(
not
being
able
to
Provide
themselves
long
Gowns
)
may
go
in
short
Gowns
,
of
the
Fashion
aforesaid
,
Can.
74.
Ecclesiastical
Persons
not
to
frequent
Taverns
or
Ale-houses
No
Ecclesiastical
Persons
shall
at
any
time
,
other
then
for
their
honest
necessities
,
resort
to
any
Taverns
or
Ale-houses
,
neither
shall
they
board
or
lodge
in
any
such
places
:
Nor
shall
they
give
themselves
to
any
base
or
servile
labour
,
or
to
drinking
,
or
riot
,
spending
their
time
idlely
by
Day
or
by
Night
;
Playing
at
Cards
,
Diee
,
or
Tables
,
or
any
other
unlawfull
Game
.
But
at
all
times
convenient
,
they
shall
hear
or
read
somewhat
of
the
Holy
Scriptures
,
or
shall
occupy
themselves
with
some
other
honest
study
or
exercise
,
alwaies
doing
the
things-that-shall
appertain
to
Honestie
;
and
indeavouring
to
profit
the
Church
of
God
,
having
alwaies
in
mind
that
they
ought
to
excell
all
other
in
purity
of
Life
,
and
should
be
Examples
to
the
People
,
to
Live
well
and
christianly
,
under
pain
of
Ecclesiastical
Censures
,
to
be
inflicted
with
severity
,
according
to
the
Qualities
of
their
Offences
,
Can.
75.
Ministers
not
Relinquish
their
callings
.
No
man
being
admitted
a
Deacon
,
or
Minister
,
shall
voluntarily
Relinquish
the
same
,
nor
afterwards
use
himself
in
the
course
of
his
Life
,
as
a
Lay-man
,
upon
pein
of
Excommunication
;
Can.
76.
CHAP.
II.
What
things
are
required
,
both
by
the
Laws
of
this
Kingdom
,
and
the
Canons
in
force
,
to
be
observed
and
performed
by
Ministers
:
upon
,
and
after
their
Admission
,
Institution
,
and
Induction
to
a
Living
;
with
some
few
things
relating
to
the
Convocation
;
And
lastly
,
the
King's
Majestie
's
Letters
and
Directions
in
the
fourteenth
year
of
his
Reign
,
to
the
Archbishop
of
Canterbury
,
concerning
the
Clergy
.
SUCH
Person
as
is
Qualified
as
the
He
who
is
presented
to
a
Living
,
must
carry
his
Presentation
to
the
Bishop
,
&c.
Law
requires
,
and
hopes
to
obtain
a
Living
;
and
is
promised
to
be
presented
according
to
Law
,
must
in
the
first
place
,
get
a
Presentation
from
the
right
and
undoubted
Patron
of
the
Church
,
where
he
designs
to
be
Parson
,
the
form
of
which
Presentation
see
in
the
fifth
Chapter
:
and
after
such
Presentation
obtained
,
he
is
within
six
Months
after
the
Church
becomes
void
by
Death
,
Creation
,
or
Cession
of
the
last
Incumbent
,
to
tender
his
Presentation
to
the
Bishop
of
that
Diocess
,
within
which
the
Church
is
,
or
to
his
Vicar
General
,
or
in
the
Vacation
when
there
is
no
Bishop
of
such
Diocess
,
to
the
Guardian
of
the
Spiritualities
,
to
whom
the
Law
allows
a
reasonable
time
to
Examine
his
Abilities
;
for
the
Ordinary
is
not
bound
to
dispatch
him
as
soon
as
he
goes
:
but
may
appoint
him
a
convenient
time
within
the
six
Months
,
to
attend
him
for
his
Approbation
,
Hob.
Rep.
f.
317.
Hughe's
Parson's
Law
,
cap.
11.
15.
H.
7.
7.
b.
Examin
del
Incumbent
,
deg.
cap.
2.
Hughe's
grand
abridgm
,
1
part
,
p.
134.
Case
,
5.
What
Admission
and
Institution
signifie
.
And
if
the
Bishop
or
Ordinary
,
&c.
upon
Examination
of
the
Clerk
find
him
capable
and
able
,
he
may
then
admit
and
Institute
him
;
Admission
in
propriety
of
Speech
,
is
when
the
Bishop
finding
the
Clerk
able
saith
,
admitto
te
habilem
,
and
Institution
is
when
the
Bishop
saith
,
Instituo
te
Rectorem
talis
Ecclesiae
,
cum
cura
Animarnm
,
&
accipe
curam
tuam
&
meam
,
&c.
And
note
,
that
every
Rectory
consists
of
Spiritualities
,
and
Temporalities
:
and
as
to
the
Spiritualities
;
to
wit
,
Cura
animarum
,
he
is
compleat
Parson
by
the
Institution
:
and
may
celebrate
Divine
Service
,
Preach
,
&c.
but
not
to
the
Temporalities
as
to
the
Glebe
&c.
for
he
hath
no
freehold
in
them
till
his
Induction
:
vide
Hare
and
Buckle's
Ca.
Plo.
Com.
f.
528.
Co.
Lit.
f.
344.
a.
and
Hill
.
41
Eliz
,
B.
R.
Digbie's
Ca.
Co.
Rep.
4.
Lib.
f.
79.
a.
Hughe's
Grand
.
Abridgm.
1.
part
,
p.
135.
Ca.
7.
Goldes
.
Rep.
p.
163.
and
164.
and
vide
,
32.
H.
6.
28.
b.
and
33.
H.
6.
24.
and
Hughe's
Parson's
Law
,
cap.
11.
A
Bishop
may
Institute
out
of
his
Diocess
.
Note
,
That
the
Bishop
may
Institute
a
Clerk
as
well
out
of
his
Diocess
,
as
within
it
,
for
as
to
this
matter
it
is
not
local
,
but
follows
the
Person
of
the
Bishop
wheresoever
he
goes
,
Cro.
Car.
f.
342.
Hughe's
Gran.
Abridgm
.
1
part
,
p.
134.
Ca.
7.
and
vide
,
21.
Jac.
B.
R.
in
Knowle's
and
Dobbin's
Case
,
Godbolt's
Rep.
p.
342.
pl.
446.
Hughe's
Parson's
Law
,
cap.
11.
and
27
Eliz.
C.
B.
Carter
and
Croft's
Case
.
None
to
be
admitted
to
any
Living
;
till
he
be
a
Priest
in
Orders
.
But
observe
that
none
can
be
admitted
to
any
Living
till
he
be
a
Priest
in
Orders
,
which
he
cannot
be
by
the
Statute
of
Uniformity
,
till
he
is
four
and
twenty
Years
of
Age
,
and
if
any
Person
shall
be
Admitted
,
Instituted
,
and
Inducted
into
any
Living
;
before
he
is
in
Holy
Orders
,
his
Admission
,
Institution
,
and
Induction
,
are
void
,
14.
Car.
2.
cap.
4.
And
every
Clerk
before
his
Admission
to
be
Incumbent
,
must
subscribe
the
Every
Clerk
to
subscribe
to
his
Declaration
,
before
his
Admission
to
a
Living
.
Declaration
following
,
to
wit
,
I.
B.
C.
'
do
declare
that
it
is
not
Lawfull
upon
any
pretence
whatsoever
,
to
take
Arms
against
the
King
;
And
that
I
do
abhor
that
Trayterous
Position
of
taking
Arms
by
his
Authority
against
his
Person
;
or
against
those
that
are
Commissioned
by
him
.
And
that
I
will
conform
to
the
Liturgy
of
the
Church
of
England
,
as
it
is
now
established
by
Law
.
And
I
do
declare
,
that
I
do
hold
there
lies
no
Obligation
upon
me
or
any
other
Person
,
from
the
Oath
commonly
called
the
Solemn
League
and
Covenant
,
to
endeavour
any
change
or
alteration
of
Government
,
either
in
Church
or
State
.
And
that
the
same
was
in
it self
,
an
unlawfull
Oath
,
and
imposed
upon
the
Subjects
of
this
Kingdom
,
against
the
known
Laws
and
Liberties
of
this
Kingdom
,
14.
Car.
2
cap.
4.
After
the
five
and
twentieth
Day
of
March
,
1682.
There
shall
be
omitted
out
of
the
said
Declaration
or
acknowledgment
the
latter
part
thereof-beginning
.
And
I
do
declare
,
that
I
do
hold
there
lies
no
Obligation
on
me
or
any
other
Person
,
from
the
Oath
,
&c.
After
this
Subscription
made
,
every
A
Certificate
to
be
procured
after
Subscription
,
and
the
same
to
be
read
within
three
Months
.
Parson
,
Vicar
,
Curate
,
and
Lecturer
,
is
to
procure
a
Certificate
under
the
Hand
and
Seal
of
the
respective
Archbishop
,
Bishop
,
or
Ordinary
of
the
Diocess
,
(
who
are
to
deliver
the
same
upon
demand
)
and
shall
publickly
and
openly
read
the
same
,
together
with
the
declaration
or
acknowledgment
aforesaid
,
upon
some
Lord's
day
,
within
three
Months
then
next
following
,
in
his
Parish
Church
,
where
he
is
to
Officiate
,
in
the
time
of
Divine
Service
;
(
before
all
the
Common-Prayer
be
ended
)
in
the
presence
of
the
Congregation
there
assembled
,
upon
pein
to
loose
his
Parsonage
,
Vicarage
,
or
Benefice
,
Curate's
place
,
of
Lecturer's
place
,
and
shall
be
utterly
disabled
,
and
ips
facto
,
deprived
of
the
same
.
And
that
the
said
Parsonage
,
Vicarage
,
or
Benefice
,
Curate's
place
,
or
Lecturer's
place
,
shall
be
void
,
as
if
he
were
naturally
Dead
,
14.
Car.
2.
cap.
4.
What
Induction
is
,
and
how
to
be
performed
.
When
the
Bishop
hath
Instituted
the
Clerk
,
the
Ordinary
&c.
makes
a
Mandate
under
Seal
to
the
Archdeacon
of
the
place
,
or
to
such
other
Clergy-men
as
he
pleaseth
,
to
Induct
the
Clerk
:
and
it
may
be
done
by
the
Dean
and
Chapter
by
Prescription
,
but
not
by
the
Patron
,
and
the
usual
way
of
Induction
is
by
the
delivery
of
the
Bell-Rope
,
to
the
new
Parson
,
who
is
to
toll
the
Bell
,
that
the
People
may
thereby
take
notice
,
when
the
Archdeacon
inducts
the
Parson
:
his
Fee
is
40
Pence
,
but
a
Donative
may
pass
by
the
gift
of
the
Patron
,
without
Institution
or
Induction
,
8.
Ass.
pl.
13.
Davis
,
Rep.
f.
46.
b.
Roll's
Cases
,
2
part
,
f.
356.
B.
1.
and
357.
C.
2
,
3
,
4
,
5
,
6
,
7
,
Deg.
cap.
2.
&
vide
,
38.
E.
3.
3.
b.
11.
H.
4.
9
,
and
10.
What
Remedy
,
where
the
Archdeacon
refuseth
to
Induct
.
If
the
Archdeacon
will
not
Induct
the
Clerk
,
after
such
time
as
the
Bishop
hath
admitted
and
Instituted
him
,
and
directed
his
Mandate
to
the
Archdeacon
,
to
admit
him
:
some
have
been
of
Opinion
,
that
the
Clerk
may
have
an
action
of
the
Case
against
him
,
because
the
Induction
is
a
Temporal
act
,
but
others
are
of
Opinion
(
and
so
it
was
adjudged
,
p.
13.
Eliz.
C.
B.
)
that
a
Citation
shall
be
awarded
in
such
Case
out
of
the
Spiritual
Court
,
against
the
Archdeacon
,
to
answer
the
same
there
,
where
he
shall
be
punished
,
if
there
be
Cause
,
because
the
Archdeacon
may
alledge
some
special
Cause
,
which
by
the
Spiritual
Ecclesiastical
Law
,
the
Clerk
ought
not
to
be
Inducted
:
which
Cause
may
not
be
triable
or
determinable
in
the
Temporal
Court
,
Fitz.
N.
B.
47.
H.
Hughe's
Par.
Law
,
cap.
12.
Ecclesiastical
Persons
to
take
the
Oath
of
Supremacy
All
and
every
Person
and
Persons
,
that
shall
be
Preferred
,
Promoted
,
or
Collated
to
any
Archbishoprick
,
or
Bishoprick
,
or
to
any
other
Spiritual
Promotion
,
or
Ecciesiastical
Benesice
,
Promotion
,
Dignity
,
Office
,
or
Ministery
:
before
he
or
they
take
upon
him
,
or
them
to
Receive
,
Use
,
Exercise
,
Supply
or
Occupy
any
such
Promotion
;
they
shall
take
the
Oath
of
Supremacy
before
such
Persons
as
have
Authority
to
admit
any
such
Person
to
any
such
Office
or
Ministery
;
1
Eliz.
cap.
1.
5
Eliz.
cap.
1.
Clerks
to
swear
Canonical
Obedience
.
And
when
any
Clerk
is
admitted
,
and
instituted
to
any
Benefice
,
he
is
usually
sworn
also
to
Canonical
Obedience
,
to
his
Diocesan
,
Co.
Inst.
4
part
.
f.
324.
The
form
of
the
Oath
of
Supremacy
.
The
form
of
the
Oath
of
Supremacy
is
as
followeth
.
viz
,
I.
A.
B.
'
do
utterly
declare
and
testify
in
my
Conscience
:
That
the
King's
Highness
,
is
the
only
Supream
Governor
of
this
Realm
,
and
of
all
other
his
Majestie
's
Dominions
,
and
Countries
,
as
well
in
Spiritual
or
Ecclesiastical
things
,
or
Causes
as
Temporal
;
and
that
no
foreign
Prince
,
Person
,
Prelate
,
State
,
or
Potentate
,
hath
or
ought
to
have
any
Jurisdiction
,
Power
,
Superiority
,
Preeminence
,
or
Authority
Ecclesiastical
,
or
Spiritual
,
within
this
Realm
;
And
therefore
I
do
utterly
renounce
and
forsake
all
foreign
Jurisdiction
,
Powers
,
Superiorities
,
and
Authorities
;
And
do
Promise
,
that
from
henceforth
,
I
shall
bear
Faith
,
and
true
Allegiance
to
the
King's
Highness
,
his
Heirs
,
and
Lawfull
Successors
.
And
to
my
Power
;
shall
Assist
and
Defend
all
Jurisdiction
,
Privileges
,
Preeminences
,
and
Authorities
,
granted
or
belonging
to
the
King's
Highness
,
his
Heirs
and
Successors
:
or
United
and
Annexed
to
the
Imperial
Crown
of
this
Realm
:
So
help
me
God
and
the
Contents
of
this
Book
,
1.
Eliz.
cap.
1.
The
Penalty
for
refusing
the
Oath
.
If
any
Person
or
Persons
,
who
shall
be
Promoted
,
Preferred
,
or
Collated
,
to
any
Spiritual
Promotion
,
or
Ecclesiastical
Benefice
,
do
Peremtorily
refuse
to
take
this
Oath
upon
tender
thereof
,
then
he
or
they
so
refusing
,
shall
presently
be
adjudged
,
disabled
in
the
Law
:
to
receive
take
,
or
have
the
same
Promotion
Spiritual
or
Ecclesiastical
,
to
all
Intents
,
Constructions
and
Purposes
;
1
Eliz.
cap.
1.
and
by
the
5
Eliz.
cap.
1.
Refusal
of
the
Oath
upon
the
first
tender
,
being
Indicted
or
Presented
,
according
to
the
Laws
of
the
Realm
:
within
one
Year
after
such
refusal
,
incurs
the
danger
of
a
Premunire
;
and
if
after
the
space
of
three
Months
,
after
the
first
tender
,
it
be
refused
a
second
time
upon
tender
,
such
second
refusal
is
High
Treason
;
and
this
second
tender
,
Principally
concerns
Ecclesiastical
Persons
,
5
Eliz.
cap.
1.
The
Penalty
for
extolling
any
foreign
Power
.
If
any
Person
or
Persons
,
dwelling
within
this
Kingdom
:
or
any
other
the
King's
Dominions
,
shall
by
Writing
,
Printing
,
Teaching
,
Preaching
,
express
words
,
deed
,
or
act
,
advisedly
,
maliciously
,
and
directly
affirm
,
hold
,
stand
with
,
set
forth
,
maintain
,
or
defend
the
Authority
or
Spiritual
or
Ecclesiastical
Jurisdiction
,
of
any
foreign
Prelate
or
Person
,
&c.
heretofore
claimed
or
usurped
,
within
this
Realm
:
or
other
the
King's
Dominions
;
or
shall
advisedly
put
in
Ure
,
or
Execute
any
thing
for
the
extolling
,
&c.
any
such
pretended
Power
or
Authority
.
And
being
thereof
Lawfully
Convicted
and
Attainted
,
for
the
first
Offence
,
forfeits
all
his
Goods
and
Chattels
real
and
Personal
,
and
if
he
be
not
worth
twenty
Pounds
,
then
to
suffer
a
Years
Imprisonment
,
without
Bail
,
besides
the
forfeiture
of
such
Goods
and
Chattels
;
and
shall
also
loose
all
his
Spiritual
Promotions
,
and
Dignities
whatsoever
:
and
that
the
same
shall
be
utterly
void
,
as
if
the
Incumbent
were
Dead
,
and
the
Patron
,
&c.
may
present
,
de
novo
:
The
second
Offence
Incurs
the
danger
of
a
Premunire
,
and
the
third
Offence
,
is
High-Treason
;
the
Offences
for
Preaching
,
Teaching
,
or
Words
to
be
Indicted
,
within
the
space
of
a
Year
,
next
after
such
Offence
committed
,
and
if
any
be
Imprisoned
,
for
any
of
the
said
Offences
,
of
Preaching
,
Teaching
,
or
Words
:
and
be
not
Indicted
within
half
a
Year
after
such
Offence
committed
,
then
to
be
set
at
Liberty
:
two
Witnesses
or
more
,
to
prove
such
Indictment
,
and
to
be
brought
Face
to
Face
,
upon
the
parties
arraignment
,
to
give
Evidence
,
1
Eliz.
cap.
1.
And
if
any
Person
or
Persons
,
shall
The
Penalty
for
defending
the
Authority
of
the
Bishop
of
Rome
.
by
Writing
,
Cyphering
,
Printing
,
Preaching
,
or
Teaching
,
Deed
or
Act
,
advisedly
and
willingly
set
forth
,
&c.
or
defend
the
Authority
of
the
Bishop
of
Rome
,
or
of
his
See
,
or
any
Bishop
thereof
,
heretofore
claimed
within
this
Kingdom
,
or
any
other
of
his
Majestie
's
Dominions
;
such
Person
or
Persons
so
offending
,
and
their
Abetters
being
Lawfully
Indicted
and
presented
for
the
same
,
within
One
Year
,
after
,
and
attainted
at
any
time
after
,
shall
for
such
First
Offence
,
incur
the
danger
of
a
Premunire
:
and
for
the
Second
Offence
,
suffer
such
like
Pains
,
Forfeitures
,
Judgments
,
and
Executions
,
as
for
High
Treason
;
Corruption
of
Blood
,
and
Forfeiture
of
Dower
,
excepted
,
5
Eliz.
cap.
1.
Note
,
That
in
Hillary
Term
,
the
11
What
shall
be
said
an
Offence
,
within
the
5
Eliz.
Eliz.
it
was
Resolved
by
the
Justices
of
both
Benches
,
at
Serjeants
Inn
,
in
Fleet-street
,
the
Chief
Baron
being
also
present
:
That
if
a
Man
imports
Books
over
Sea
,
written
against
the
Supreamacy
,
knowing
the
effect
of
them
;
and
utters
them
to
any
Subjects
here
,
he
is
within
the
compass
of
the
stat.
5
Eliz.
cap.
1.
but
the
Receivers
of
such
Books
,
if
they
in
Conference
of
them
,
do
not
allow
them
,
they
are
not
within
the
said
Statute
;
but
if
they
in
Conference
,
they
do
allow
them
;
then
they
are
also
within
the
Statute
,
and
so
are
they
who
hear
the
Contents
,
and
affirm
them
to
be
good
:
The
like
of
him
,
who
conveys
the
Books
secretly
to
his
Friends
;
and
perswades
them
to
be
of
the
same
Opinion
.
And
so
of
them
,
who
Print
and
utter
such
Books
within
this
Realm
:
Also
,
if
such
Books
written
within
the
Realm
,
are
conveyed
out
,
and
are
there
bought
,
read
,
and
Conference
had
upon
them
:
such
Persons
sending
them
out
,
are
within
the
Compass
of
the
Statute
,
Dyer
f.
281.
b.
and
282
a.
Ecclesiatstical
Persons
to
take
the
Oath
of
Allegiance
.
By
the
stat.
7
Jac.
cap.
6.
every
Archbishop
and
Bishop
,
are
to
take
the
Oath
of
Allegiance
,
set
down
in
the
3
Jac.
cap.
4.
before
the
Lord
Chancellor
,
or
Lord
Keeper
of
the
Great
Seal
,
for
the
time
being
;
and
all
Parsons
,
Vicars
,
and
Curats
,
and
all
other
Spiritual
Persons
whatsoever
,
taking
Orders
,
are
to
take
the
same
Oath
,
before
the
Bishop
of
the
Diocess
,
or
other
Ordinary
in
the
same
,
sitting
in
open
Court
,
the
Tenure
of
which
Oath
followeth
,
in
these
words
,
viz.
I.
A.
B.
'
do
truly
and
sincerely
Acknowledge
,
Consess
,
Testifie
,
and
Declare
in
my
Conscience
before
God
and
the
World
,
That
our
Sovereign
Lord
King
Charles
,
the
Second
,
is
Lawfull
and
Rightfull
King
of
this
Realm
,
and
of
all
other
his
Majestie
's
Dominions
and
Countries
;
And
that
the
Pope
neither
of
himself
,
nor
by
any
Authority
of
the
Church
,
or
See
of
Rome
,
or
by
any
other
means
with
any
other
,
hath
any
power
or
Authority
to
depose
the
King
;
or
to
depose
any
of
his
Majestie
's
Kingdoms
,
or
Dominions
;
or
to
Authorise
any
Foreign
Prince
,
to
invade
or
anoy
him
,
or
his
Countries
;
or
to
discharge
any
of
his
Subjects
of
their
Allegiance
,
and
Obedience
,
to
his
Majesty
;
or
to
give
Licence
,
or
leave
to
any
of
them
,
to
bear
Arms
,
raise
Tumult
,
or
to
offer
any
violence
or
hurt
to
his
Majestie
's
Royal
Person
,
State
,
or
Government
,
or
to
any
of
his
Majestie
's
Subjects
,
within
his
Majestie
's
Dominions
.
Also
,
I
do
swear
from
my
Heart
,
that
notwithstanding
any
Declaration
or
Sentence
of
Excommunication●
,
or
Deprivation
made
or
granted
,
or
to
be
made
or
granted
,
by
the
Pope
,
or
his
Successors
;
or
by
any
Authority
derived
,
or
pretended
to
be
derived
from
him
,
or
his
See
,
against
the
said
King
,
his
Heirs
or
Successors
,
or
any
Absolution
of
the
said
Subjects
,
from
their
Obedience
:
I
will
bear
Faith
,
and
true
Allegiance
to
his
Majesty
,
his
Heirs
and
Successors
;
and
him
and
them
will
defend
,
to
the
uttermost
of
my
power
,
against
all
Conspiracies
and
Attempts
whatsoever
,
which
shall
be
made
against
his
or
their
Persons
,
their
Crown
and
Dignity
,
by
reason
or
colour
of
any
such
Sentence
or
Declaration
,
or
otherwise
;
and
will
do
my
best
endeavour
to
disclose
,
&
make
known
unto
his
Majesty
,
his
Heirs
and
Successors
,
all
Treasons
and
Trayterous
Conspiracies
,
which
I
shall
know
or
hear
of
,
to
be
against
him
or
any
of
them
.
And
I
do
further
swear
,
that
I
do
from
my
Heart
,
abhor
,
detest
,
and
abjure
,
as
Impious
and
Heretical
,
this
damnable
Doctrine
and
Position
,
That
Princes
which
be
Excommunicated
,
or
deprived
by
the
Pope
,
may
be
deposed
or
murthered
,
by
their
Subjects
,
or
any
other
whatsoever
.
And
I
do
believe
,
&
in
my
Conscience
am
resolved
,
that
neither
the
Pope
nor
any
Person
whatsoever
,
hath
power
to
absolve
me
of
this
Oath
,
or
any
part
thereof
,
which
I
acknowledge
by
good
and
full
Authority
to
be
Lawfully
Ministred
on
to
me
,
and
do
renounce
all
Pardons
,
and
Dispensations
to
the
contrary
.
And
all
these
things
I
do
plainly
and
sincerely
acknowledge
,
and
swear
,
according
to
these
express
Words
,
by
me
spoken
,
and
according
to
the
plain
and
common
sense
,
and
understanding
of
the
same
Words
,
without
any
equivocation
,
or
mental
evasion
,
or
secret
reservation
,
whatsoever
:
And
I
do
make
this
Recognition
and
acknowledgment
heartily
,
willingly
,
and
truly
,
upon
the
true
Faith
of
a
Christian
,
so
help
me
God
,
3
Jac.
cap.
4.
Note
,
That
every
Person
that
is
admitted
Minister
,
to
read
the
●9
Articles
of
Religion
,
within
Two
Months
after
Induction
.
to
a
Benefice
with
cure
,
must
within
two
Months
after
his
Induction
to
the
same
,
reade
the
39
Articles
of
Religion
(
set
down
verbatim
,
in
the
next
Chapter
)
in
the
same
Church
,
where
he
shall
have
cure
;
in
the
time
of
Common-Prayer
there
,
(
that
is
,
after
some
part
thereof
be
reade
,
and
before
all
the
Prayers
be
done
)
and
then
declare
his
unfeigned
assent
thereunto
,
and
must
be
admitted
to
Administer
the
Sacraments
,
within
one
Year
after
his
Induction
,
if
he
be
not
admitted
so
before
;
and
if
he
fail
in
either
of
these
things
,
he
shall
be
(
ipso
facto
)
immediately
deprived
,
13.
Eliz.
cap.
12.
The
reading
of
the
Articles
,
and
subs●●iption
must
be
abs●●u●e
.
And
observe
,
that
this
reading
of
the
Articles
,
must
be
of
the
very
Book
it self
and
no
other
,
and
it
must
be
verbatim
,
as
it
is
in
the
Book
,
and
not
otherwise
;
and
the
subscription
must
be
absolute
and
not
qualified
,
as
to
say
,
I
subscribe
them
with
this
or
the
like
addition
,
viz.
so
far
forth
as
the
same
are
agreeable
to
the
Word
of
God
,
for
if
the
subscription
be
not
absolute
,
it
is
not
good
:
and
so
it
was
resolved
,
m.
33.
and
34.
Eliz.
B.
R.
in
Smith's
and
Clerk's
Case
,
Cro.
Eliz.
f.
252.
p.
19.
Co.
4
part
,
Inst.
f.
324.
&
vide
,
H.
22.
and
23
Car.
2.
C.
B.
Rot.
680.
Shute's
and
Higden's
Case
,
where
Higden
lost
the
Rectory
of
Elm
,
in
the
County
of
Somerset
,
for
not
reading
the
Articles
within
two
Months
after
his
Induction
,
Vaugh.
Rep.
f.
129.
Every
Person
also
,
who
shall
be
presented
,
Every
Person
put
into
any
Ecclesiastical
Benefice
,
is
within
two
Months
after
Induction
,
to
read
the
Morning
and
Evening
Prayers
,
&c.
collated
,
or
put
into
any
Ecclesiastical
Benefice
or
Promotion
;
is
within
two
Months
after
Induction
or
Installation
in
the
Church
,
Chapel
,
or
place
of
publick
Worship
belonging
to
his
said
Benefice
or
Promotion
;
upon
some
Lord's-day
,
publickly
,
openly
,
and
solemnly
to
read
the
Morning
and
Evening
Prayers
,
appointed
to
be
read
by
,
and
according
to
the
Book
of
Common-Prayer
,
now
appointed
and
allowed
,
at
the
times
thereby
appointed
;
and
after
such
reading
thereof
,
shall
openly
and
publickly
before
the
Congregation
there
assembled
,
declare
his
unfeigned
assent
and
consent
to
the
use
of
all
things
therein
contained
and
prescribed
in
these
following
Words
,
and
no
other
,
viz.
I.
A.
B.
do
here
declare
my
unfeigned
assent
and
consent
to
all
and
every
thing
contained
and
prescribed
in
and
by
the
Book
Intituled
,
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
England
,
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
,
ordaining
,
and
consecrating
of
Bishops
,
Priests
,
and
Deacons
.
And
every
Person
,
who
(
withoutsome
Lawfull
Impediment
be
allowed
by
the
Ordinary
)
shall
neglect
or
refuse
to
doe
the
same
within
the
time
aforesaid
;
(
or
in
Case
of
such
Impediment
,
within
one
Month
after
such
Impediment
removed
)
shall
(
ipso
facto
)
be
deprived
of
all
his
said
Ecclesiastical
Benefices
and
Promotions
,
&
the
Patrons
may
present
again
,
as
if
such
Persons
were
naturally
dead
14
Car.
2.
cap.
4.
In●umbents
Rese●en●
,
and
keeping
Cura●es
to
reade
the
Common-Prayers
,
once
every
Month
themselves
.
In
all
places
,
where
the
proper
Incumbent
of
any
Parsonage
,
or
Vicarage
,
or
Benefice
with
cure
,
doth
reside
on
his
Living
,
and
keeps
a
Curate
,
the
Incumbent
himself
in
Person
,
(
not
having
some
Lawfull
Impediment
,
to
be
allowed
by
the
Ordinary
of
the
place
)
shall
once
every
Month
at
least
,
openly
and
publickly
read
the
Common-Prayers
,
and
Service
prescribed
,
in
and
by
the
Book
of
Common-Prayer
,
and
also
Administer
each
of
the
Sacraments
and
other
Rites
,
if
there
be
occasion
,
in
the
Parish
Church
or
Chapel
,
of
or
belonging
to
the
same
Parsonage
,
Vicarage
,
or
Benefice
,
on
pain
of
Five
Pounds
to
the
use
of
the
poor
of
the
Parish
,
for
every
Offence
,
upon
Conviction
by
Confession
or
proof
of
two
Witnesses
on
Oath
before
two
Justices
of
the
Peace
,
and
in
default
of
payment
within
ten
days
,
to
be
Levyed
by
distress
and
sail
of
his
goods
,
and
Chattels
,
by
the
Church-Wardens
or
Overseers
of
the
poor
of
the
same
Parish
,
by
Warrant
from
the
said
Justices
,
rendring
the
Surplusage
to
the
party
,
14
Car.
2.
cap.
4.
In
all
cases
of
avoidance
or
deprivation
N●
Lapse
to
In●●r
upon
avoidance
on
the
stat.
14
Car.
2.
without
notice
given
.
(
ipso
facto
)
by
virtue
of
the
stat.
14.
Car.
2.
no
Title
to
confer
or
present
by
Lapse
,
shall
accrew
,
but
after
six
Months
after
notice
of
such
deprivation
given
by
the
Ordinary
to
the
Patron
,
or
such
sentence
of
deprivation
,
openly
and
publickly
read
in
the
Parish
Church
of
the
Benefice
,
Parsonage
,
or
Vicarage
,
becoming
void
,
or
whereof
the
Incumbent
shall
be
deprived
,
14
Car.
2.
cap.
4.
Lecturers
●o
reade
the
Common-Prayers
at
their
entrance
,
and
once
every
Month
afte●
Every
Person
who
shall
be
Licensed
and
appointed
,
or
received
,
as
a
Lecturer
to
Preach
upon
any
day
of
the
week
,
in
any
Church
,
Chapel
,
or
place
of
publick
Worship
,
the
first
time
he
Preacheth
,
(
before
his
Sermon
)
shall
openly
and
publickly
read
the
Common-Prayers
,
appointed
to
be
read
for
that
time
of
the
day
,
and
declare
his
assent
to
the
Book
,
as
aforesaid
;
and
upon
the
first
Lecture
day
of
every
Month
,
afterwards
,
so
long
as
he
continues
Lecturer
,
and
Preaches
there
,
at
the
place
appointed
for
his
said
Lecture
or
Sermon
,
before
his
said
Sermon
,
he
must
also
read
the
said
Prayers
,
and
declare
his
assent
to
the
Book
,
as
aforesaid
;
and
for
neglect
hereof
,
every
such
Lecturer
is
disabled
from
thenceforth
to
Preach
the
said
,
or
any
other
Lecture
or
Sermon
,
in
the
said
,
or
any
other
Church
,
Chapel
,
or
place
of
publick
Worship
,
untill
such
time
as
he
Conform
in
all
points
,
as
aforesaid
;
but
if
the
said
Sermon
or
Lecture
,
be
to
be
Preached
or
read
in
any
Cathedral
,
or
Collegiate
Church
,
or
Chapel
,
it
is
sufficient
for
the
Lecturer
at
the
said
time
,
to
declare
his
assent
to
the
said
Book
of
Common-Prayer
,
in
Form
as
aforesaid
;
14
Car.
2.
cap.
4.
When
any
Sermon
or
Lecture
is
to
be
Preached
,
the
Common-Prayers
shall
be
read
.
Every
time
,
when
any
Sermon
or
Lecture
is
to
be
Preached
,
the
Common-Prayers
,
and
Service
,
appointed
for
that
time
of
the
day
,
shall
be
publickly
and
openly
read
by
some
Priest
or
Deacon
,
in
the
Church
,
Chapel
,
or
place
of
publick
Worship
,
where
the
said
Sermon
or
Lecture
is
to
be
Preached
,
before
such
Sermon
or
Lecture
be
Preached
,
and
that
the
Lecturer
then
to
Preach
,
shall
be
present
at
the
reading
thereof
.
But
this
is
not
to
extend
to
the
publick
University
Lectures
,
but
that
they
may
be
Preached
as
formerly
they
used
,
14.
Car.
2.
cap.
4.
No
Form
or
Order
of
Common
No
Order
of
Common-Prayer
,
but
what
is
in
the
Book
of
Common-Prayer
,
to
be
used
.
Prayers
,
Administration
of
Sacraments
,
Rights
,
or
Ceremonies
,
are
to
be
openly
used
in
Church
or
Chapel
,
or
other
publick
place
of
Worship
,
other
then
what
is
prescribed
in
the
Book
of
Common
Prayer
aforesaid
;
but
the
said
Prayers
and
Service
in
the
Chapels
or
other
publick
places
of
the
Colleges
and
Halls
in
both
the
Universities
,
and
in
the
Colleges
of
Westminster
,
Winchester
,
and
Eaton
,
and
in
the
Convocations
of
the
Clergie
in
either
Province
may
be
in
Latin
.
14
Car.
2
cap.
4.
The
Penalty
for
refusing
to
use
the
Common-Prayers
,
or
using
any
other
Form
of
Prayers
.
And
if
any
Minister
refuse
to
use
the
same
Form
and
Order
of
Prayers
,
&c.
according
to
the
said
Book
,
or
wilfully
use
any
other
Rite
,
Ceremony
,
Order
,
or
Form
of
Prayers
,
or
Administration
of
the
Sacraments
,
&c.
openly
or
privily
then
is
prescribed
there
;
or
shall
Preach
,
Declare
or
Speak
any
thing
in
the
derogation
or
depraving
of
the
said
Book
or
any
thing
therein
contained
,
or
of
any
part
thereof
,
and
be
thereof
lawfully
convicted
by
verdict
of
twelve
men
,
or
by
his
own
Confession
,
or
by
the
notorious
Evidence
of
the
Fact
,
shall
for
the
first
Ofsence
forfeit
to
the
King's
Highness
the
profit
of
such
one
of
his
Spiritual
Benefices
or
promotions
as
his
Majesty
shall
Assign
or
Appoint
,
for
one
whole
year
,
then
next
following
after
such
Conviction
,
and
suffer
six
Months
Imprisonment
without
Bail
;
and
for
the
second
Offence
they
forfeit
all
their
Spiritual
promotions
,
and
the
Patrons
may
present
as
if
the
parties
were
naturally
dead
;
and
for
the
third
Offence
they
are
to
be
Imprisoned
during
Life
,
and
if
the
person
offending
have
no
Spiritual
promotion
,
then
the
first
Offence
is
Imprisonment
six
Months
without
Bail
;
and
the
second
Offence
Imprisonment
during
Life
.
2.
3.
Eliz.
6
cap.
1.
and
by
the
1
Eliz.
cap.
2.
the
first
Offence
aforesaid
forfeits
the
profits
of
all
his
Spiritual
promotions
for
a
year
,
and
to
suffer
six
Months
Imprisonment
without
Bail
;
the
second
Offence
a
years
Imprisonment
without
Bail
,
and
(
ipso
facto
to
be
deprived
of
all
his
Spiritual
promotions
,
and
the
Patrons
to
present
as
aforesaid
;
and
the
third
Offence
Imprisonment
during
Life
,
and
(
ipso
facto
)
to
be
deprived
of
all
his
Spiritual
promotions
;
and
if
such
Person
have
no
Spiritual
promotion
then
the
first
Offence
is
Imprisonment
for
a
year
without
Bail
;
and
the
second
Offence
during
Life
;
both
these
Statutes
of
the
2
,
and
3
,
Eliz.
6
cap.
1.
and
1
,
Eliz.
cap.
2.
are
to
have
Relation
to
the
Book
of
Common
Prayer
now
used
.
14
Car.
2.
cap.
4.
one
Flemming
was
Indicted
a
second
time
for
giving
the
Sacrament
of
Baptism
in
other
Form
than
is
prescribed
in
the
stat.
1
Eliz.
and
in
the
Book
of
Common
Prayer
,
and
it
was
Awarded
that
he
should
suffer
Imprisonment
for
a
year
,
and
should
be
Adjudged
(
ipso
facto
)
deprived
of
all
his
Spiritual
promotions
.
m.
26
,
and
27
,
Eliz.
B.
R.
Flemming's
Case
,
Leon.
Rep.
1.
parte
f.
295.
pl.
403.
If
any
Person
or
Persons
whatsoever
The
Penalty
for
depraving
of
the
Common
Prayer
Book
,
or
compelling
any
Minister
,
&c.
to
say
any
other
Common-Prayer
.
shall
in
any
Interludes
,
Plays
,
Songs
,
Rymes
,
or
by
other
open
words
declare
or
speak
any
thing
in
derogation
of
the
Common
Prayer
Book
,
or
of
any
thing
therein
contained
,
or
shall
by
open
Act
,
Deed
,
or
by
open
threatning
compel
or
cause
,
or
otherwise
procure
or
maintain
any
Parson
,
Vicar
,
or
other
Minister
,
in
any
Cathedral
or
Parish
Church
,
or
Chapel
,
or
other
place
to
say
any
Common
or
open
Prayer
,
or
to
Administer
any
Sacrament
otherwise
than
is
mentioned
in
the
Common-Prayer
Book
,
or
shall
unlawfully
interrupt
them
in
saying
or
singing
of
the
said
Prayers
,
according
to
the
said
Book
,
and
be
thereof
Lawfully
Convicted
,
as
aforesaid
;
for
the
first
Offence
,
he
forfeits
to
the
King's
Majesty
,
ten
pounds
,
and
if
not
paid
within
six
weeks
after
Conviction
,
then
instead
of
the
said
ten
pounds
,
to
suffer
three
Months
Imprisonment
,
without
Bail
;
the
second
Offence
,
to
pay
twenty
pounds
,
and
if
not
paid
within
six
weeks
after
Conviction
,
then
instead
thereof
,
to
suffer
six
Months
Imprisonment
,
without
Bail
;
and
for
the
third
Offence
,
to
forfeit
all
his
Goods
and
Chattels
,
and
suffer
Imprisonment
during
Life
,
2.
3
Eliz.
6.
cap.
1.
but
by
the
1
Eliz.
the
first
of
these
Offences
,
is
an
hundred
Marks
,
forfeiture
:
and
if
not
paid
within
six
weeks
,
to
suffer
six
Months
Imprisonment
without
Bail
;
the
second
Offence
,
is
four
hundred
Marks
,
and
if
not
paid
within
six
weeks
,
to
suffer
twelve
Months
Imprisonment
without
Bail
;
and
the
third
Offence
,
is
a
forfeiture
of
all
their
Goods
and
Chattels
,
and
Imprisonment
during
Life
.
But
no
Person
is
to
be
Impeached
for
any
of
these
Offences
,
or
the
Offences
mentioned
in
the
last
Section
,
unless
he
be
Indicted
at
the
next
General
Sessions
,
to
be
holden
before
any
Justices
of
Oyer
,
and
Terminer
,
or
Justices
of
Assize
,
next
after
such
Offence
,
committed
or
done
,
nor
is
any
one
to
be
punished
twice
for
one
Offence
,
that
is
both
by
the
Ecclesiastical
Judge
,
and
Civil
Magistrate
:
1
Eliz.
cap.
2.
these
statutes
are
to
have
Relation
to
the
Common-Prayer
Book
,
now
used
,
14
Car.
2.
cap.
4.
Any
Man
understanding
the
Greek
,
Any
Man
may
say
privately
the
Common-Prayer
in
Hebrew
&c.
or
such
other
Language
as
he
understands
.
Latin
,
and
Hebrew
Tongue
,
or
other
strange
Tongue
,
may
say
the
Common-Prayers
before-mentioned
,
in
Latin
,
or
any
such
other
Tongue
,
saying
the
same
privately
,
as
they
do
understand
,
and
in
the
Universities
of
Cambridge
,
and
Oxford
,
they
may
use
and
exercise
in
their
Common
and
open
Prayer
in
their
Chapels
,
(
being
not
Parish
Churches
)
or
other
places
of
Prayer
,
the
Mattens
,
Evening
Song
,
Litany
,
and
all
other
Prayers
(
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
to
give
it
under
his
hand
to
the
Minister
,
who
is
to
send
it
to
the
Bishop
of
the
Diocese
or
Ordinary
of
the
place
;
Provided
that
every
Minister
so
repelling
any
for
the
causes
aforesaid
,
upon
complaint
to
the
Ordinary
shall
obey
his
Order
and
Direction
therein
;
and
the
Minister
is
to
observe
whether
all
his
Parishioners
come
so
often
every
year
to
the
Communion
as
is
required
,
and
whether
any
Strangers
come
commonly
from
other
Parishes
to
his
Church
,
and
shall
acquaint
their
Minister
with
it
,
least
they
be
such
as
their
own
Ministers
turn
back
,
that
so
they
may
be
remitted
and
sent
home
to
their
own
Parish
Churches
and
Ministers
,
there
to
receive
the
Communion
with
the
rest
of
their
own
Neighbours
.
Can.
26
,
27
,
28.
No
Ministeris
to
delay
the
Christning
of
any
Child
that
is
brought
to
him
upon
Ministers
not
to
delay
Christning
,
or
Burial
,
Registers
to
be
kept
,
&c.
Sundays
or
Holy-days
to
be
Christned
,
nor
to
Bury
any
Corps
brought
to
the
Church
or
Church-yard
(
convenient
warning
being
given
him
thereof
before
)
upon
pein
in
either
of
these
cases
to
be
suspended
by
the
Bishop
of
the
Diocese
for
three
Months
,
unless
the
party
to
be
Buried
were
excommunicated
majori
excommunicatione
,
and
in
such
case
he
may
refuse
to
bury
him
;
and
if
an
Infant
be
weak
and
in
danger
of
Death
,
the
Minister
upon
notice
and
request
thereof
is
to
goe
to
the
place
where
it
is
,
and
Baptise
the
Infant
without
delay
,
upon
like
pein
as
aforesaid
,
and
not
to
be
restored
till
he
promise
before
the
Ordinary
not
to
incur
the
like
again
willingly
;
but
if
the
Minister
keep
a
Curate
,
then
this
shall
not
extend
to
the
Parson
or
Vicar
,
but
to
the
Curate
;
and
no
Minister
can
urge
any
Parent
to
be
present
,
nor
is
any
Parent
to
be
Godfather
for
his
own
Child
,
nor
is
any
Godfather
or
Godmother
to
make
any
other
answer
than
is
prescribed
by
the
Book
of
Common-Prayer
;
or
to
be
admitted
to
be
Godfather
or
Godmother
to
any
Child
at
Christning
or
Confirmation
,
before
they
have
taken
the
Communion
;
nor
is
any
Minister
to
omit
Signing
every
Infant
at
Baptism
with
the
Sign
of
the
Cross
;
and
in
every
Parish
there
must
be
provided
a
Parchment-Book
at
the
Parish
charge
,
for
Registring
all
Christnings
,
Weddings
and
Burials
in
;
and
this
Book
is
to
be
kept
in
a
Coffer
with
three
Locks
and
Keys
,
whereof
one
is
to
remain
with
the
Minister
,
and
the
other
two
with
the
Church-Wardens
,
and
upon
every
Sabbath-day
after
Morning
or
Evening
Prayer
,
they
are
to
take
the
Book
out
of
the
Coffer
,
and
the
Minister
in
the
presence
of
the
Church-Wardens
must
write
down
in
the
said
Book
,
the
Names
of
all
persons
Christned
,
together
with
the
Names
and
Sirnames
of
their
Parents
,
and
also
the
Names
of
all
persons
Married
and
Buried
in
that
Church
in
the
week
before
,
and
the
day
and
year
of
every
such
Christning
,
Marriage
,
and
Burial
,
and
then
the
Book
to
be
laid
up
again
;
and
to
every
page
of
the
Book
when
it
is
filled
with
Subscriptions
,
they
are
to
Subscribe
their
Names
,
and
the
Church-Wardens
once
every
year
within
a
Month
after
the
five
and
twentieth
day
of
March
are
to
Transmit
a
true
Coppy
thereof
to
the
Bishop
of
the
Diocese
or
his
Chancellour
,
Subscribed
with
their
hands
as
aforesaid
,
to
the
end
the
same
may
be
faithfully
preserved
in
the
Registrie
of
the
said
Bishop
,
which
Certificate
is
to
be
received
without
Fee
.
Can.
68
,
69.
29.30.70
.
The
Common-Prayer
is
to
be
said
Ministers
to
reade
the
Common-Prayer
upon
Holy-days
,
and
all
Wednesdays
and
Fridays
,
&c.
or
sung
reverently
upon
all
Holy-days
,
appointed
by
the
Book
of
Common-Prayer
,
and
their
Eves
,
at
the
usual
time
of
the
days
in
such
place
of
the
Church
,
as
the
people
may
be
most
Edified
;
and
all
Ministers
are
to
observe
the
Rites
and
Ceremonies
prescribed
by
the
said
Book
,
without
diminishing
or
adding
any
thing
;
and
Ministers
upon
Wednesdays
and
Fridays
weekly
,
though
they
be
not
Holy-days
,
are
to
say
the
Littany
,
and
give
warning
to
the
people
to
repair
to
the
Church
by
the
Tolling
of
a
Bell
;
and
in
the
whole
Service
and
Administration
of
the
Holy
Communion
,
in
all
Colleges
and
Halls
in
both
the
Universities
,
the
Ceremonies
,
&c.
prescribed
by
the
Book
of
Common
Prayer
,
are
to
be
duly
observed
,
without
adding
or
diminishing
any
thing
,
and
all
the
Masters
,
Fellows
,
Schollers
,
and
Students
of
such
Colleges
and
Halls
in
their
Churches
and
Chapels
upon
all
Sundays
,
Holy-days
,
and
their
Eves
,
at
the
time
of
Divine
Service
must
wear
Surplices
,
and
the
Graduates
Hoods
upon
their
Surplices
according
to
their
several
Degrees
.
Can.
14
,
15
,
16
,
17.
No
Minister
not
Licensed
by
the
Bishop
None
to
expound
unl●ss
he
be
a
Licenc'd
Preacher
,
&c.
to
Preach
,
is
to
take
upon
him
to
expound
any
part
of
the
Scripture
:
but
is
to
reade
the
Homilies
without
making
a
gloss
upon
them
;
nor
is
any
Minister
to
suffer
any
Man
to
Preach
within
his
Church
or
Chapel
,
but
such
as
are
Lawfully
Licensed
;
nor
are
the
Deans
,
Presidents
,
and
Residentiaries
,
of
any
Cathedral
or
Collegiate
Church
,
to
suffer
any
stranger
to
Preach
without
Lawfull
Licence
;
and
if
any
such
stranger
in
his
Sermon
,
Preach
any
thing
contrary
to
the
Word
of
God
,
or
the
nine
and
thirty
Articles
of
Religion
;
the
Dean
or
Residents
shall
by
their
Letter
,
subscribed
with
some
of
ther
Hands
that
heard
him
,
so
soon
as
they
can
give
notice
thereof
to
the
Bishop
of
the
Diocese
:
and
the
Church-Wardens
and
Side-men
,
are
to
have
a
Book
,
wherein
they
are
to
take
care
that
every
strange
Minister
,
that
Preacheth
in
their
Church
,
shall
subscribe
his
Name
,
the
day
when
he
Preached
,
and
Bishop's
Name
,
from
whom
he
had
his
Licence
.
And
no
Preacher
before
he
hath
acquainted
the
Bishop
of
the
Diocese
,
and
received
his
Order
,
is
purposely
to
Impugne
any
Doctrine
delivered
by
any
other
Preacher
in
the
same
Church
,
or
any
other
near
adjoyning
,
and
if
any
offend
herein
,
the
party
grieved
,
or
Church-Wardens
are
to
acquaint
the
Bishop
,
and
not
to
suffer
him
to
Preach
there
any
more
:
unless
he
promise
to
forbear
all
such
matter
of
Contention
;
till
the
Bishop
take
Order
therein
,
who
is
withall
speed
so
to
proceed
,
that
publick
satisfaction
may
be
made
in
the
Congregation
where
the
Offence
was
given
,
and
if
either
party
offending
do
appeal
,
he
must
not
Preach
(
Pendente
Lite
)
Can.
49
,
50
,
51
,
52
,
53.
Every
Parson
,
Vicar
,
or
Curate
,
upon
Ministers
to
Catechise
every
Sunday
before
Evening
Prayer
,
and
to
Marry
none
without
Licence
,
or
asking
in
the
Church
&c.
every
Sunday
and
Holy-day
,
before
Evening
Prayer
,
is
,
for
half
an
hour
or
more
,
to
examine
and
instruct
the
Youth
and
Ignorant
Persons
of
his
Parish
,
and
teach
them
the
Catechism
,
set
forth
in
the
Book
of
Common-Prayer
:
and
if
any
Minister
neglect
,
for
the
first
Offence
,
he
is
to
be
sharply
reproved
by
the
Ordinary
,
upon
complaint
made
;
the
second
time
wilfully
offending
,
is
suspension
;
and
the
third
time
,
Excommunication
;
and
all
Fathers
,
Mothers
,
Masters
,
or
Mistresses
neglecting
to
send
their
Children
,
Servants
,
or
Apprentices
,
to
be
Catechised
,
or
the
Servants
,
or
Apprentices
,
refusing
to
go
to
learn
,
are
to
be
suspended
,
and
if
they
persist
so
by
the
space
of
a
Month
,
then
to
be
Excommunicated
.
And
every
Minister
that
hath
cure
,
is
to
prepare
,
make
able
,
and
procure
,
as
many
as
he
can
,
to
be
brought
and
confirmed
by
the
Bishop
;
and
every
Bishop
or
his
Suffragan
,
in
his
accustomed
Visitation
,
is
in
his
own
Person
to
Confirm
such
,
and
if
in
that
Year
,
by
reason
of
some
Infirmity
,
he
is
not
able
Personally
to
Visit
,
then
he
is
not
to
omit
it
the
next
Year
after
.
And
no
Minister
,
upon
pein
of
Suspension
;
(
ipso
facto
)
for
three
Years
,
is
to
celebrate
Matrimony
,
between
any
Persons
,
without
a
Faculty
or
Licence
,
granted
by
such
as
have
Episcopal
Authority
;
or
the
Commissary
for
Faculties
,
Vicars
General
of
the
Archbishops
,
and
Bishops
,
Sede
plena
,
or
Sede
vacante
,
the
Guardian
of
the
Spiritualities
,
or
Ordinaries
exercising
of
right
Episcopal
Jurisdiction
,
in
their
several
Jurisdictions
respectively
,
except
the
Banes
of
Matrimony
,
have
been
published
three
several
Sundays
,
or
Holydays
,
in
the
time
of
Divine
Service
,
in
the
Parish
Churches
,
or
Chapels
,
where
the
said
parties
dwell
;
neither
shall
any
Minister
under
the
like
pein
,
Marry
any
such
Licensed
Persons
,
in
any
other
place
,
but
in
the
Church
or
Chapel
,
where
one
of
them
dwelleth
,
and
between
the
hours
of
eight
and
twelve
,
in
the
Forenoon
,
in
time
of
Divine
Service
;
nor
when
Banes
are
thrice
asked
,
(
and
no
Licence
necessary
)
till
the
Parents
or
Governors
of
the
parties
to
be
Married
,
being
under
the
age
of
one
and
twenty
Years
,
shall
either
personally
or
by
sufficient
Testimony
signify
to
him
their
consents
to
the
said
Marriage
.
And
if
any
Minister
under
colour
of
any
peculiar
Liberty
or
Privilege
,
claimed
to
appertain
to
certain
Churches
,
shall
offend
herein
,
he
may
be
suspended
for
three
Years
,
by
the
Ordinary
of
the
place
,
where
the
offence
was
committed
:
and
if
the
Minister
remove
from
such
place
before
suspension
,
then
may
the
Ordinary
of
the
place
,
where
he
remaineth
,
upon
the
other
Ordinarie's
Certificate
,
under
Hand
and
Seal
,
execute
that
censure
upon
him
;
Can.
59
,
60
,
61
,
62
,
63
,
101.
Every
Parson
,
Vicar
,
or
Curate
,
is
Ministers
to
bid
Holy-days
,
conferr
with
Recusants
,
&c.
solemnly
to
bid
Holy-days
,
or
Fasting-days
,
the
Sunday
before
they
fall
,
as
the
Common-Prayer
Book
directs
,
and
all
Ministers
are
solemnly
in
time
of
Divine
Service
,
in
their
Parish
Churches
,
upon
some
Sunday
,
to
denounce
Recusants
and
Persons
Excommunicate
:
and
every
Preaching
Minister
,
having
any
Popish
Recusant
,
or
Recusants
in
his
Parish
,
is
to
confer
with
them
,
to
see
if
he
can
reclaim
them
from
their
Errors
:
The
Minister
also
,
or
Curate
,
when
any
Person
is
sick
in
their
Parish
,
(
having
knowledge
thereof
)
if
the
disease
be
not
known
or
probably
suspected
to
be
Infectious
,
are
to
repair
to
instruct
and
comfort
them
,
after
the
Order
of
the
Communion
Book
,
if
he
be
no
Preacher
,
and
if
he
be
a
Preacher
,
then
as
he
shall
think
most
convenient
;
and
when
any
is
dying
,
then
a
Bell
shall
be
tolled
,
and
the
Minister
then
is
to
perform
his
last
duty
,
and
after
the
party's
death
,
(
if
it
so
fall
out
)
there
shall
be
rung
no
more
,
but
one
short
Peal
,
and
one
other
before
the
Burial
,
and
one
other
after
the
Burial
.
And
no
Minister
,
without
the
Bishop's
Licence
under
Hand
and
Seal
,
is
to
keep
any
solemn
Feasts
,
either
in
publick
or
in
private
Houses
,
other
than
such
as
by
Law
are
,
or
shall
be
appointed
,
nor
shall
be
willingly
present
at
any
of
them
,
under
pein
of
suspension
the
first
fault
;
Excommunication
,
the
second
;
and
deposition
from
the
Ministery
the
third
:
Nor
shall
any
Minister
without
such
Licence
,
as
aforesaid
,
hold
any
meetings
for
Sermons
,
termed
Prophesies
,
or
Exercises
,
in
Market
Towns
,
or
elsewhere
,
under
the
same
peins
:
neither
may
any
Minister
upon
any
pretence
whatsoever
,
either
of
possession
or
obsession
;
by
Fasting
and
Prayer
,
attempt
to
cast
out
any
Divil
or
Divils
,
under
pein
of
being
accounted
an
Impostor
,
and
to
be
deposed
from
the
Ministery
;
And
no
Priests
or
Ministers
of
the
Word
of
God
,
are
to
hold
private
Conventicles
,
which
may
in
any
way
tend
to
the
impeaching
or
depraving
of
the
Doctrine
of
the
Church
of
England
,
or
Book
of
Common-Prayer
,
or
any
part
of
the
Discipline
,
established
in
the
Church
of
England
,
upon
pein
of
Excommunication
,
(
ipso
facto
)
Can.
64
,
65
,
66
,
67.
72
,
73.
The
Penalty
for
Preaching
,
or
Teaching
,
that
eating
Fish
or
forbearing
Flesh
,
is
of
necessity
to
Salvation
.
If
any
Minister
or
other
Person
,
by
Preaching
,
Teaching
,
Writing
,
or
open
Speech
,
maintain
the
eating
of
Fish
,
or
forbearing
of
Flesh
,
to
be
of
necessity
to
Salvation
or
the
Service
of
God
,
otherwise
than
other
publick
Laws
are
and
be
,
they
may
be
punished
as
spreaders
of
false
News
,
by
the
stat.
5
Eliz.
and
it
is
there
also
enacted
,
that
if
any
Parson
,
Vicar
,
or
Curate
,
do
Licence
any
Person
to
eat
Flesh
on
Fish
days
,
other
than
such
who
are
sick
,
and
evidently
appear
to
have
need
thereof
,
by
reason
of
their
sickness
,
the
Licence
shall
be
void
:
and
every
such
Parson
,
Vicar
,
or
Curate
,
shall
forfeit
for
every
such
Licence
otherwise
granted
,
five
Marks
,
the
Offence
to
be
prosecuted
within
half
a
Year
after
it
is
committed
,
or
else
no
loss
or
forfeiture
to
be
answered
,
5
Eliz.
cap.
5.
If
any
Minister
or
other
Person
during
The
Penalty
for
declaring
that
the
K.
is
an
Heretick
,
&c.
the
King's
life
,
do
maliciously
and
advisedly
by
Writing
,
Printing
,
Preaching
,
or
other
Speaking
,
publish
or
declare
that
the
King
is
an
Heretick
or
Papist
,
or
that
he
endeavours
to
introduce
Popery
;
or
if
they
incite
or
stir
up
the
people
to
the
hatred
or
dislike
of
his
Person
or
Government
,
and
being
thereof
Legally
convicted
,
such
person
so
offending
is
made
incapable
of
holding
,
injoying
,
or
exercising
any
place
,
office
,
or
promotion
Ecclesiastical
,
Civil
,
or
Military
;
and
if
they
preach
or
maintain
,
&c.
that
the
Parliament
begun
the
third
of
November
1640.
is
yet
in
being
,
or
that
there
is
any
Obligation
on
the
King
or
any
other
person
,
from
any
Oath
,
Covenant
,
or
Ingagement
whatsoever
,
to
change
the
Government
in
Church
or
State
;
or
that
the
two
Houses
of
Parliament
,
or
either
of
them
have
a
Legislative
power
without
the
King
,
such
person
offending
herein
incurs
the
danger
and
penalty
of
a
praemunire
.
13
Car.
2.
Cap.
1.
What
Statutes
Ministers
are
to
reade
in
their
Churches
;
Every
Minister
is
once
every
year
in
his
Church
upon
some
Sunday
in
the
time
of
the
greatest
Assembly
,
to
reade
the
Statute
of
the
5
and
6
Eliz.
6.
cap.
1.
and
shew
the
power
and
effect
of
the
unanimous
Prayers
of
God's
people
in
their
necessities
;
and
every
Minister
is
also
every
year
the
Sunday
before
the
fifth
day
of
November
,
publickly
to
reade
to
his
Parishioners
in
his
Church
,
after
Morning-Prayer
or
Preaching
,
the
Statute
of
the
3
Jac.
cap.
1.
And
they
are
also
twice
every
year
,
upon
some
Sunday
after
Evening-Prayer
,
to
reade
in
their
Parish
Churches
the
Statute
of
the
20
Jac.
cap.
20.
against
prophane
cursing
and
swearing
;
and
once
every
year
upon
some
Sunday
or
Holyday
in
the
Afternoon
before
Divine
Service
,
they
are
to
reade
the
Book
of
Canons
,
agreed
upon
in
the
Synod
begun
at
London
Anno
Dom.
1603.
and
every
Minister
every
year
in
his
Church
the
Sunday
next
before
the
29
day
of
May
at
Morning-Prayer
,
is
to
reade
the
Statute
of
the
12
Car.
2.
cap.
14.
Ministers
before
their
Sermons
,
Lectures
What
Order
Ministers
are
to
observe
in
their
Prayer
before
their
Sermons
,
&c.
and
Homilies
,
are
to
Pray
first
for
the
Holy
Catholick-Church
of
Christ
,
through
the
whole
World
,
and
especially
for
the
Churches
of
England
,
Scotland
and
Ireland
;
then
for
the
King
,
Queen
,
and
Royal
Family
;
next
for
all
Arch-Bishops
,
Bishops
,
and
other
Pastors
and
Curates
of
God's
Holy
Word
and
Sacraments
;
then
for
the
King's
Privy-Council
and
all
the
Nobility
and
Magistrates
of
his
Realm
,
and
for
the
Commons
that
they
may
live
in
true
Faith
and
fear
of
God
,
in
humble
Obedience
to
the
King
,
and
Brotherly
Charity
one
to
another
;
and
lastly
they
must
praise
God
for
all
those
who
have
departed
out
of
this
Life
in
the
Faith
of
Christ
,
and
must
pray
to
God
that
we
by
Grace
may
learn
to
follow
their
Good
Example
,
that
after
this
Life
ended
,
we
may
be
partakers
with
them
of
the
Glorious
Resurrection
of
the
Life
Everlasting
,
and
must
always
conclude
with
the
Lord's
Prayer
;
Can.
55.
The
Supream
Ecclesiastical
power
in
the
King
.
Note
,
That
the
King
hath
the
Supream
Ecclesiastical
Power
in
him
,
as
it
hath
been
held
and
agreed
,
and
may
without
Parliament
make
Orders
and
Constitutions
for
the
Government
of
the
Clergy
,
and
may
deprive
them
if
they
obey
not
,
and
they
can
make
no
Canons
or
Constitutions
without
his
Assent
.
Cro.
Jac.
f.
37.
Mo.
Rep.
f.
155.
pl.
1043.
and
Vaugh.
Rep.
f.
329.
The
power
of
the
Convecations
.
But
some
Clergy-men
seem
to
think
,
and
others
do
not
stick
to
say
that
no
Orders
or
Constitutions
can
be
made
to
bind
them
but
what
are
agreed
upon
in
the
Convocations
of
the
Clergy
,
therefore
I
think
it
will
not
be
amiss
to
insert
here
the
Authority
of
the
Convocation
,
as
my
Lord
Coke
sets
it
down
in
his
fourth
part
of
his
Institutes
,
which
take
as
followeth
,
he
saith
it
is
called
Convocation
a
Convocando
,
because
they
are
called
together
by
the
King
's
Writ
;
and
their
Authority
(
being
never
assembled
together
but
by
the
King
's
Writ
)
was
to
deal
with
Heresies
,
Schisms
,
and
other
meer
Spiritual
and
Ecclesiastical
Causes
,
and
therein
they
did
proceed
juxta
Legem
Divinam
&
Canones
Sanctae
Ecclesiae
,
and
as
they
could
never
assemble
but
by
the
King
's
Writ
,
so
they
were
oftentimes
commanded
by
the
King
's
Writ
to
deal
with
nothing
that
concerned
the
King's
Laws
of
the
Land
,
his
Crown
and
Dignity
,
his
Person
,
or
his
State
,
or
the
State
of
his
Council
or
Kingdom
;
and
so
whatsoever
Act
is
done
in
the
Convocation
,
is
under
the
Power
and
Authority
of
the
King
,
but
not
è
contra
,
what
he
doth
,
under
them
,
see
the
King's
Letters
in
the
conclusion
of
this
Chapter
,
vide
Co.
Inst.
4
part
f.
322.
26
H.
6.
13.
and
21
Eliz.
4.
f.
45.
a.
p.
Vavasour
,
and
f.
45.
6
p.
Starkey
and
Brown
,
and
Rolls
Cases
,
1
p.
f.
No
Canons
to
be
made
in
the
Convocation
without
the
King's
Licence
.
And
the
Lord
Coke
saith
further
that
the
King
did
often
appoint
Commissioners
by
writ
to
sit
with
them
at
the
Convocation
,
and
to
have
Conusance
of
such
things
as
they
meant
to
establish
;
that
nothing
should
be
done
in
prejudice
ut
supra
:
And
therefore
the
Statute
of
25
H.
8
cap.
19.
(
whereby
it
is
provided
that
no
Canons
,
Constitutions
,
or
Ordinance
should
be
made
or
put
in
Execution
within
this
Realm
,
by
Authority
of
the
Convocation
of
the
Clergy
,
which
were
contrariant
,
or
repugnant
to
the
King's
Prerogative
Royal
,
or
the
Customes
,
Laws
,
or
Statutes
of
this
Realm
)
is
but
declaratory
of
the
old
Common-Law
,
but
by
the
said
Act
their
Jurisdiction
and
Power
is
much
lestned
concerning
making
of
new
Canons
,
for
they
must
have
both
Licence
to
make
them
,
and
after
they
be
made
,
they
must
have
the
King
's
Royal
Assent
to
the
allowance
thereof
,
before
they
be
put
in
Execution
,
25
H.
8.
cap.
19.
Co.
Inst.
4
part
,
f.
323.
The
King's
Letters
of
direction
to
the
Archbishop
of
Canterbury
.
concerning
the
Clergy
.
The
King's
Majesty
,
in
his
Letters
and
Directions
to
the
Archbishop
of
Canterbury
,
dated
the
fourteenth
Year
of
his
now
Majestie
's
Reign
,
in
the
Month
of
October
,
declares
there
to
this
effect
:
First
,
That
no
Preachers
in
their
Sermons
,
shall
presume
to
meddle
with
matters
of
State
,
to
modell
new
Governments
,
or
take
upon
them
to
Declare
,
Limit
,
or
Bound
out
the
Authority
and
Power
of
Sovereign
Princes
,
or
to
State
and
Determine
the
difference
between
Princes
and
People
,
but
that
as
they
have
occasion
,
they
Faithfully
tell
the
People
of
their
duty
of
Subjection
and
Obedience
to
their
Governors
,
Superior
and
Subordinate
of
all
sorts
,
and
to
the
established
Laws
,
according
to
the
Word
of
God
,
and
the
Doctrine
of
the
Church
of
England
,
as
it
is
contained
in
the
Homilies
of
Obedience
,
and
Articles
of
Religion
,
set
forth
by
publick
Authority
:
Secondly
,
That
they
spend
not
their
time
in
the
search
of
speculative
and
abstruse
Notions
,
especially
in
and
about
the
deep
points
of
Election
,
and
Reprobation
;
the
Incomprehensible
manner
of
the
Concurrence
of
God's
free
Grace
,
and
Man's
free
Will
,
and
such
Controversies
as
depend
thereon
.
And
that
however
,
they
do
not
presume
possitively
and
doctrinaly
,
to
determine
any
thing
concerning
the
same
:
Thirdly
,
That
they
forbear
in
their
Sermons
,
ordinarily
and
causelesly
to
enter
upon
the
handling
of
any
other
Controversies
,
of
less
moment
and
difficulty
.
And
when
occasionally
they
be
invited
,
by
their
Text
or
Auditory
,
to
fall
into
them
,
that
they
doe
it
with
all
Modesty
,
Gravity
,
and
Candor
:
asserting
the
Doctrine
and
Discipline
of
the
Church
of
England
,
from
the
Cavils
and
Objections
of
such
as
are
Adversaries
to
either
,
without
bitterness
,
railing
,
jeering
,
or
other
unnecessary
or
unseemly
Provocation
:
Fourthly
,
That
they
Catechise
the
Younger
sort
according
to
the
Book
of
Common-Prayer
,
and
in
their
ordinary
Sermons
,
do
chiefly
insist
upon
Catechistical
Doctrines
,
(
containing
the
necessary
Truths
of
Christian
Religion
)
and
setting
forth
withall
,
what
Influence
such
Doctrine
ought
to
have
in
their
Lives
and
Conversations
;
and
stirring
up
the
People
by
their
Lives
and
Doctrine
,
to
the
practice
of
such
Religious
and
Moral
duties
,
as
are
the
proper
result
of
the
said
Doctrines
,
as
Self-denyal
,
Contempt
of
the
World
,
Humility
,
Patience
,
Meekness
,
Temperance
,
Justice
,
Mercy
,
Obedience
,
and
the
like
:
and
to
hate
and
shun
sin
,
especially
the
sins
so
rife
,
and
common
amongst
us
,
and
more
especially
,
those
usually
called
the
seven
deadly
sins
,
and
all
kind
of
Debauchery
,
Sensuality
,
Rebellion
,
Prophaneness
,
Atheisin
,
and
the
like
.
And
that
where
there
is
any
Exercise
in
the
Afternoon
,
that
there
it
be
specially
spent
,
in
explaining
some
part
of
the
Church
Catechisme
,
or
some
Scripture
,
that
may
lead
to
the
handling
and
explaining
of
it
;
or
that
may
conduce
to
the
Exposition
of
the
Liturgy
,
and
Prayers
of
the
Church
:
And
Lastly
,
That
they
labour
with
their
People
,
to
draw
them
from
Idle
,
Debauched
,
Prophane
Courses
,
and
perswade
Men
to
frequent
Divine
Services
,
Sabbath-days
,
and
other
Festivals
,
appointed
to
be
kept
solemn
,
and
prevent
them
from
haunting
Taverns
and
Alehouses
,
or
to
use
unlawfull
sports
on
the
Lord's
day
.
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
.
1.
Of
Faith
in
the
Holy
Trinity
.
Article
.
1
THere
is
but
one
Living
and
true
God
,
everlasting
,
without
Body
,
Parts
,
or
Passions
;
of
Infinite
Power
,
Wisdom
,
and
Goodness
,
the
maker
and
preserver
of
all
things
,
both
Visible
,
and
Invisible
.
And
in
Unity
of
this
God-head
,
there
be
three
Persons
,
of
one
Substance
,
Power
,
and
Eternity
the
Father
,
the
Son
,
and
the
Holy
Ghost
.
2.
Of
the
Word
of
God
,
which
was
made
very
Man
.
Article
.
2
The
Son
,
which
is
the
Word
of
the
Father
,
begotten
from
everlasting
of
the
Father
,
the
very
and
Eternal
God
,
of
one
Substance
with
the
Father
,
took
Man's
Nature
in
the
Womb
of
the
Blessed
Virgin
,
of
her
Substance
;
so
that
two
whole
and
perfect
Natures
,
that
is
to
say
,
the
God-head
,
and
Manhood
,
were
joyned
together
in
one
Person
,
never
to
be
devided
,
whereof
is
one
Christ
,
very
God
,
and
very
Man
,
who
suffered
,
was
Crucified
,
Dead
and
Buried
,
to
Reconcile
his
Father
to
us
;
and
to
be
a
Sacrifice
,
not
only
for
original
Guilt
,
but
also
for
all
actual
sins
of
men
.
3.
Of
the
going
down
of
Christ
into
Hell
.
Article
.
3
As
Christ
died
for
us
,
and
was
Buried
:
So
also
it
is
to
be
believed
,
that
he
went
down
into
Hell
.
4.
Of
the
Resurrection
of
Christ
.
Article
.
4
Christ
did
truly
rise
again
from
Death
,
and
took
again
his
Body
,
with
Flesh
,
Bones
,
and
all
things
appertaining
to
the
Perfection
of
Man's
Nature
,
wherewith
he
ascended
into
Heaven
,
and
there
sitteth
until
he
return
to
Judge
all
Men
at
the
last
day
.
5.
Of
the
Holy
Ghost
.
Article
.
5
The
Holy
Ghost
proceeding
from
the
Father
and
the
Son
,
is
of
Substance
,
Majesty
,
and
Glory
,
with
the
Father
and
the
Son
,
Very
and
Eternal
God
.
6.
Of
the
sufficiency
of
the
Holy
Scriptures
,
for
Salvation
.
Article
.
6
Holy
Scripture
containeth
all
things
necessary
to
Salvation
:
so
that
whatsoever
is
not
read
therein
,
nor
may
be
proved
thereby
,
is
not
to
be
required
of
any
man
,
that
it
should
be
believed
as
an
Article
of
the
Faith
,
or
be
thought
requisite
or
necessary
to
Salvation
.
In
the
name
of
the
Holy
Scripture
,
we
do
understand
those
Canonical
Books
of
the
Old
and
New
Testament
,
of
whose
Authority
was
never
any
doubt
in
the
Church
.
7.
Of
the
Old
Testament
.
Article
.
7
The
Old
Testament
is
not
contrary
to
the
New
,
for
both
in
the
Old
and
New
Testament
,
everlasting
Life
is
offered
to
Mankind
by
Christ
,
who
is
the
onely
Mediator
between
God
and
man
,
being
both
God
and
man
;
wherefore
they
are
not
to
be
heard
,
which
fain
that
the
old
Fathers
did
look
only
for
transitory
promises
,
although
the
Law
given
from
God
by
Moses
,
as
touching
Ceremonies
and
Rites
,
does
not
bind
Christian
men
,
nor
the
civil
precepts
thereof
ought
of
necessity
to
be
received
in
any
Common-wealth
;
yet
notwithstanding
no
Christian
man
whatsoever
is
free
from
the
obedience
of
the
Commandments
,
which
are
called
moral
.
8.
Of
the
three
Creeds
.
Article
.
8
The
three
Creeds
,
Nice
Creed
,
Athanasius
Creed
,
and
that
which
is
commonly
called
the
Apostles
Creed
,
ought
throughly
to
be
received
and
believed
,
for
they
may
be
proved
by
most
certain
Warrants
of
Holy
Scripture
.
9.
Of
Original
,
or
Birth-sin
.
Article
.
9
Original
sin
standeth
not
in
the
following
of
Adam
(
as
the
Pelagians
do
vainly
talk
)
but
it
is
the
fault
and
corruption
of
the
Nature
of
every
man
,
that
naturally
is
ingendred
of
the
Off-spring
of
Adam
,
whereby
man
is
very
far
gone
from
Original
Righteousness
,
and
is
inclined
to
evil
,
so
that
the
flesh
lusteth
against
the
Spirit
,
and
therefore
in
every
Person
born
into
the
World
,
it
deserveth
Gods
wrath
and
damnation
.
And
this
Infection
of
Nature
,
doth
remain
,
yea
,
in
them
that
are
Regenerated
,
whereby
the
Lust
of
the
Flesh
,
called
in
Greek
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
,
which
some
do
expound
the
wisdom
,
some
sensuality
,
some
the
affection
,
some
the
desire
of
the
Flesh
,
is
not
subject
to
the
Law
of
God
.
And
although
there
is
no
condemnation
for
them
that
Believe
and
are
Baptized
,
yet
the
Apostle
doth
confess
,
that
concupiscence
and
lust
hath
of
it self
the
Nature
of
sin
.
10.
Of
free
Will.
Article
.
10
The
condition
of
Man
after
the
fall
of
Adam
,
is
such
that
he
cannot
turn
and
prepare
himself
by
his
own
Natural
strength
and
good
works
,
to
Faith
and
calling
upon
God
;
wherefore
we
have
no
power
to
doe
good
Works
pleasant
and
acceptable
to
God
,
without
the
grace
of
God
preventing
us
,
that
we
may
have
a
good
Will
and
Working
with
us
,
when
we
have
that
good
Will.
11.
Of
the
Justification
of
Man
.
Article
.
11
We
are
accounted
Righteous
before
God
,
only
for
the
merit
of
our
Lord
and
Saviour
Jesus
Christ
,
by
Faith
,
and
not
for
our
own
works
or
deservings
.
Wherefore
that
we
are
justified
by
Faith
only
,
is
a
most
wholesome
Doctrine
,
and
very
full
of
comfort
,
as
more
largely
is
expressed
in
the
Homily
of
Justification
.
12.
Of
good
Works
.
Article
.
12
Albeit
,
That
works
which
are
the
Fruits
of
Faith
,
and
follow
after
Justification
,
cannot
put
away
our
sins
,
and
endure
the
severity
of
God's
Judgment
,
yet
are
they
pleasing
and
acceptable
to
God
in
Christ
;
and
do
spring
out
necessarily
of
a
true
and
a
lively
Faith
,
insomuch
,
that
by
them
,
a
lively
Faith
may
be
as
evidently
known
,
as
a
Tree
discerned
by
the
Fruit.
13.
Of
Works
before
Justification
.
Article
13
Works
done
before
the
Grace
of
Christ
,
and
the
Inspiration
of
his
Spirit
,
are
not
pleasing
to
God
,
forasmuch
as
they
spring
not
of
Faith
in
Jesus
Christ
;
neither
do
they
make
Men
meet
to
receive
Grace
,
(
or
as
the
School
Authors
say
)
deserve
Grace
of
Congruity
:
Yea
,
rather
for
that
they
are
not
done
as
God
hath
willed
and
commanded
them
to
be
done
,
we
doubt
not
but
they
have
the
Nature
of
sin
.
14.
Of
Works
of
Supererogation
.
Article
.
14
Voluntary
Works
,
besides
,
over
and
above
God's
Commandments
,
which
they
call
Works
of
Supererogation
,
cannot
be
taught
without
Arrogancy
,
and
Impiety
;
for
by
them
Men
do
declare
,
that
they
do
not
only
render
unto
God
,
as
much
as
they
are
bound
to
do
,
but
that
they
doe
more
for
his
sake
,
then
of
bounden
duty
is
required
:
Whereas
,
Christ
saith
plainly
,
when
ye
have
done
all
that
are
commanded
to
you
,
say
,
we
be
unprofitable
Servants
.
15.
Of
Christ
alone
without
sin
.
Article
.
15
Christ
in
the
truth
of
our
Nature
,
made
like
unto
us
in
all
things
,
(
sin
only
excepted
)
from
which
he
was
clearly
void
,
both
in
his
Life
,
and
in
his
Spirit
;
he
came
to
be
the
Lamb
without
spot
,
who
by
Sacrifice
of
himself
once
made
,
should
take
away
the
sins
of
the
World
:
and
sin
(
as
S.
John
saith
)
was
not
in
him
;
but
all
we
the
the
rest
(
although
Baptized
,
and
Born
again
in
Christ
)
yet
offend
in
many
things
;
and
if
we
say
we
have
no
sin
,
we
deceive
our selves
,
and
the
truth
is
not
in
us
.
16.
Of
sin
after
Baptism
.
Article
.
16
Not
every
deadly
sin
willingly
committed
after
Baptism
is
sin
against
the
Holy-Ghost
,
and
unpardonable
:
wherefore
the
grant
of
Repentance
is
not
to
be
denied
to
such
as
fall
into
sin
after
Baptism
;
after
we
have
received
the
Holy
Ghost
,
we
may
depart
from
grace
given
and
fall
into
sin
;
and
by
the
grace
of
God
(
we
may
)
arise
again
,
and
amend
our
Lives
,
and
therefore
they
are
to
be
condemned
,
which
say
they
can
no
more
sin
as
long
as
they
live
here
,
or
deny
the
place
of
forgiveness
to
such
as
truly
Repent
.
17.
Of
Predestination
and
Election
.
Article
.
17
Predestination
to
life
is
the
everlasting
purpose
of
God
,
whereby
(
before
the
foundations
of
the
World
were
laid
)
he
hath
constantly
decreed
by
his
Counsel
,
secret
to
us
,
to
deliver
from
curse
and
damnation
those
whom
he
hath
chosen
in
Christ
out
of
Mankind
,
and
to
bring
them
by
Christ
to
everlasting
Salvation
,
as
Vessels
made
to
honour
;
wherefore
they
which
be
indued
with
so
excellent
a
Benefit
of
God
,
be
called
according
to
God's
purpose
by
his
Spirit
,
working
in
due
season
;
they
through
grace
obey
the
calling
;
they
be
justified
freely
;
they
be
made
Sons
of
God
by
Adoption
;
they
be
made
like
the
Image
of
his
only
begotten
Son
Jesus
Christ
;
they
walk
Religiously
in
good
Works
;
and
at
length
by
God's
mercy
they
attain
to
everlasting
Felicity
.
As
the
Godly
consideration
of
Predestination
and
our
Election
in
Christ
is
full
of
sweet
,
pleasant
,
and
unspeakable
Comfort
to
godly
persons
,
and
such
as
feel
in
themselves
the
working
of
the
Spirit
of
Christ
,
mortifying
the
works
of
the
Flesh
,
and
their
earthly
Members
,
and
drawing
up
their
minds
to
high
and
heavenly
things
,
as
well
because
it
doth
greatly
establish
and
confirm
their
Faith
of
Eternal
Salvation
,
to
be
enjoyed
through
Christ
,
as
because
it
doth
fervently
kindle
their
Love
towards
God
:
so
for
curious
and
carnal
persons
,
lacking
the
Spirit
of
Christ
,
to
have
continually
before
their
Eyes
the
Sentence
of
God's
predestination
,
is
a
most
dangerous
downfal
,
whereby
the
Devil
doth
thrust
them
into
desperation
,
or
into
wretchlesness
of
most
unclean
Living
,
no
less
perilo
us
than
desperation
.
Furthermore
we
must
receive
God's
promises
,
in
such
wise
as
they
be
generally
set
forth
to
us
in
Holy
Scripture
,
and
in
our
doings
,
that
will
of
God
is
to
be
followed
,
which
we
have
expresly
declared
unto
us
in
the
word
of
God
.
18.
Of
obtaining
Eternal
Salvation
only
by
the
Name
of
Christ
.
Article
.
18
They
are
also
to
be
had
accursed
,
that
presume
to
say
that
every
man
shall
be
saved
by
the
Law
or
Sect
which
he
professeth
,
so
that
he
be
diligent
to
frame
his
Life
according
unto
that
Law
,
and
the
light
of
Nature
;
for
Holy
Scripture
doth
set
out
unto
us
only
in
the
Name
of
Jesus
Christ
,
whereby
men
must
be
saved
.
19.
Of
the
Church
.
Article
.
19
The
visible
Church
of
Christ
is
a
congregation
of
faithful
men
,
in
the
which
the
pure
word
of
God
is
preached
,
and
Sacraments
be
duly
Ministred
according
to
Christ's
Ordinance
,
in
all
those
things
that
of
necessity
are
requisite
to
the
same
;
as
the
Church
of
Jerusalem
,
Alexandria
,
and
Antioch
,
hath
erred
,
so
also
the
Church
of
Rome
hath
erred
,
not
only
in
their
living
,
and
manner
of
Ceremonies
,
but
also
in
matter
of
Faith
.
20.
Of
the
Authority
of
the
Church
Article
.
20
The
Church
hath
power
to
decree
Rites
,
or
Ceremonies
,
and
Authority
in
controversies
of
Faith
;
and
yet
it
is
not
lawful
for
the
Church
to
ordain
any
thing
that
is
contrary
to
God's
word
,
neither
may
it
so
expound
one
place
of
Scripture
,
that
it
be
repugnant
to
another
,
wherefore
although
the
Church
be
a
witness
and
keeper
of
Holy
writ
,
yet
as
it
ought
not
to
decree
any
thing
against
the
same
,
so
besides
the
same
ought
it
not
to
inforce
any
thing
to
be
believed
for
necessity
of
Salvation
.
21.
Of
the
Authority
of
General
Councils
.
Article
.
21
General
Councils
may
not
be
gathered
together
without
the
commandment
and
will
of
Princes
,
and
when
they
be
gathered
together
(
for
as
much
as
they
be
an
assembly
of
men
,
whereof
all
be
not
governed
with
the
Spirit
and
word
of
God
)
they
may
err
,
and
some
time
have
erred
,
even
in
things
pertaining
unto
God
:
wherefore
things
ordained
by
them
as
necessary
to
Salvation
,
have
neither
strength
nor
authority
,
unless
it
may
be
declared
,
that
they
be
taken
out
of
Holy
Scripture
.
22.
Of
Purgatory
.
Article
.
22
The
Romish
Doctrine
concerning
Purgatory
,
Pardons
,
Worshiping
and
Adoration
,
as
well
of
Images
as
of
Reliques
,
and
also
of
Invocation
of
Saints
,
is
a
fond
thing
,
vainly
invented
and
grounded
upon
no
warranty
of
Scripture
,
but
rather
repugnant
to
the
word
of
God
.
23.
Of
Ministring
in
the
Congregation
.
Article
.
23
It
is
not
lawful
for
any
man
to
take
upon
him
the
Office
of
publick
preaching
,
or
ministring
the
Sacraments
in
the
Congregation
,
before
he
be
lawfully
called
,
and
sent
to
execute
the
same
.
And
those
we
ought
to
Judge
lawfully
called
and
sent
,
which
be
chosen
and
called
to
this
work
by
men
,
who
have
publick
Authority
given
unto
them
in
the
Congregation
to
call
and
send
Ministers
into
the
Lord's
Vineyard
.
24.
Of
speaking
in
the
Congregation
in
such
a
Tongue
as
the
people
understand
not
.
Article
.
24
It
is
a
thing
plainly
repugnant
to
the
word
of
God
,
and
the
custome
of
the
primitive
Church
,
to
have
publick
Prayers
in
the
Church
,
or
to
Minister
the
Sacraments
in
a
Tongue
not
understood
of
the
people
.
25.
Of
the
Sacraments
.
Article
.
25
Sacraments
ordained
of
Christ
be
not
Badges
or
Tokens
of
Christian
mens
profession
;
but
rather
they
be
certain
sure
Witnesses
and
effectual
Signs
of
Grace
,
and
Gods
good
will
toward
us
,
by
which
he
doth
work
invisibly
in
us
,
and
not
only
quicken
,
but
also
strengthen
,
and
confirm
our
Faith
in
him
.
There
be
two
Sacraments
ordained
of
Christ
our
Lord
in
the
Gospel
,
that
is
to
say
Baptism
and
the
Supper
of
the
Lord
;
those
five
commonly
called
Sacraments
,
that
is
to
say
,
Confirmation
,
Penance
,
Orders
,
Matrimony
,
and
extream
Unction
,
are
not
to
be
counted
for
Sacraments
of
the
Gospel
,
being
such
as
have
grown
,
partly
of
the
corrupt
following
of
the
Apostles
,
partly
as
States
of
Life
allowed
in
the
Scriptures
;
but
yet
have
not
like
nature
of
Sacraments
,
with
Baptism
and
the
Lord's
Supper
,
for
that
they
have
not
a
visible
sign
or
ceremony
ordained
of
God
;
the
Sacraments
were
not
ordained
of
Christ
to
be
gazed
upon
,
or
to
be
carried
about
,
but
that
we
should
duly
use
them
.
And
in
such
only
,
as
worthily
receive
them
,
they
have
a
wholsome
effect
or
operation
;
but
they
that
receive
them
unworthily
,
purchase
to
themselves
damnation
,
as
Saint
Paul
saith
.
26.
Of
the
Vnworthiness
of
the
Ministers
,
which
hinder
not
the
effect
of
the
Sacraments
.
Article
.
26
Although
in
the
visible
Church
,
the
evil
be
ever
mingled
with
the
good
,
and
sometime
the
evil
have
chief
Authority
in
the
Ministration
of
the
Word
and
Sacramenes
;
yet
for
as
much
as
they
doe
not
the
same
in
their
own
Name
,
but
in
Christ's
,
and
do
Minister
by
his
Commission
and
Authority
,
we
may
use
their
Ministring
,
both
in
hearing
the
Word
of
God
,
and
in
the
receiving
of
the
Sacraments
:
Neither
is
the
effect
of
Christ's
Ordinance
,
taken
away
by
their
wickedness
,
nor
the
grace
of
God's
guifts
diminished
from
such
,
as
by
Faith
,
and
rightly
do
receive
the
Sacraments
Ministred
unto
them
,
which
are
effectual
,
because
of
Christ's
Institution
and
Promise
,
although
they
be
Ministred
by
evil
Men.
Nevertheless
,
it
appertaineth
to
the
Discipline
of
the
Church
,
that
inquiry
be
made
of
evil
Ministers
,
and
that
they
be
accused
by
those
that
have
knowledge
of
their
Offences
;
and
finally
,
being
found
guilty
,
by
just
judgment
be
deposed
.
27.
Of
Baptism
.
Article
.
27
Baptism
is
not
only
a
sign
of
Profession
,
and
mark
of
Defence
,
whereby
Christian
Men
are
discerned
from
others
that
be
not
Christned
;
but
it
is
also
a
sign
of
Regeneration
,
or
new
Birth
,
whereby
,
as
by
an
Instrument
,
they
that
receive
Baptism
rightly
,
are
grafted
into
the
Church
:
the
Promises
of
the
forgiveness
of
sin
,
and
of
our
Adoption
,
to
be
the
Sons
of
God
by
the
Holy
Ghost
,
are
visibly
signed
and
sealed
,
Faith
is
confirmed
,
and
Grace
increased
,
by
virtue
of
Prayer
unto
God
.
The
Baptism
of
Young
Children
,
is
in
any
wise
to
be
retained
in
the
Church
,
as
most
agreeable
with
the
Institution
of
Christ
.
28.
Of
the
Supper
of
the
Lord
.
Article
.
28
The
Supper
of
the
Lord
,
is
not
only
a
sign
of
the
Love
that
Christians
ought
to
have
among
themselves
,
one
to
another
,
but
rather
it
is
a
Sacrament
of
our
Redemption
,
by
Christ's
death
.
Insomuch
,
that
to
such
as
worthily
and
with
Faith
,
receive
the
same
,
the
Bread
which
we
break
,
is
a
partaking
of
the
Body
of
Christ
,
and
likewise
the
Cup
of
Blessing
,
is
a
partaking
of
the
Blood
of
Christ
.
Transubstantiation
(
or
the
change
of
the
substance
of
Bread
and
Wine
,
in
the
Supper
of
the
Lord
)
cannot
be
proved
by
Holy
Writ
,
but
it
is
repugnant
to
the
plain
Words
of
Scripture
,
overthroweth
the
Nature
of
a
Sacrament
,
and
hath
given
occasion
to
many
superstitions
.
The
Body
of
Christ
is
given
;
and
taken
,
and
eaten
in
the
Supper
only
after
an
Heavenly
and
Spiritual
manner
,
and
the
means
,
whereby
the
Body
of
Christ
is
received
and
eaten
in
the
Supper
,
is
Faith
.
The
Sacraments
of
the
Lord's
Supper
,
were
not
by
Christ's
Ordinance
reserved
,
carried
about
,
lifted
up
or
Worshipped
.
29.
Of
the
wicked
,
which
do
not
eat
the
Body
and
Blood
of
Christ
,
in
the
use
of
the
Lord's
Supper
.
Article
.
29
The
wicked
,
and
such
as
be
void
of
a
lively
Faith
,
although
they
do
carnally
and
visibly
press
with
their
Teeth
(
as
S.
Augustine
saith
)
the
Sacrament
of
the
Body
and
Blood
of
Christ
;
yet
in
no
wise
are
they
partakers
of
Christ
,
but
rather
to
their
Condemnation
do
eat
and
drink
the
Sign
or
Sacrament
of
so
great
a
thing
.
30.
Of
both
kinds
.
Article
.
30
The
Cup
of
the
Lord
,
is
not
to
be
denied
to
the
Lay-people
,
for
both
the
parts
of
the
Lord's
Sacrament
,
by
Christ's
Ordinance
and
Commandment
,
ought
to
be
Ministred
to
all
Christian
Men.
31.
Of
the
one
Oblation
of
Christ
,
finished
upon
the
Cross
.
Article
.
31
The
offering
of
Christ
once
made
,
is
that
perfect
Redemption
,
Propitiation
and
Satisfaction
for
all
the
sins
of
the
whole
World
,
both
Original
and
Actual
,
and
there
is
none
other
satisfaction
for
sin
,
but
that
alone
;
wherefore
the
Sacrifices
of
Masses
,
in
the
which
it
was
commonly
said
,
that
the
Priests
did
offer
Christ
for
the
Quick
and
the
Dead
,
to
have
Remission
of
pain
and
guilt
,
were
blasphemous
Fables
and
dangerous
deceits
.
32.
Of
the
Marriage
of
Priests
.
Article
.
32
Bishops
,
Priests
and
Deacons
,
are
not
commanded
by
God's
Law
,
either
to
vow
the
Estate
of
single
Life
,
or
to
abstain
from
Marriage
;
therefore
it
is
Lawfull
also
for
them
,
as
for
all
other
Christian
Men
,
to
Marry
at
their
own
discretion
,
as
they
shall
judge
the
same
to
serve
better
to
godliness
.
33.
Of
Excommunicate
Persons
,
how
they
are
to
be
avoided
.
Article
.
33
That
Person
,
which
by
open
Denunciation
of
the
Church
,
is
rightly
cut
of
from
the
Unity
of
the
Church
,
and
Excommunicated
,
ought
to
be
taken
of
the
whole
multitude
of
the
faithfull
,
as
an
Heathen
and
Publican
,
untill
he
be
openly
reconciled
by
Penance
,
and
received
into
the
Church
by
a
Judge
that
hath
Authority
thereto
.
34.
Of
the
Traditions
of
the
Church
.
Article
.
34
It
is
not
necessary
that
Traditions
and
Ceremonies
,
be
in
all
places
one
or
utterly
like
,
for
at
all
times
they
have
been
divers
,
and
changed
according
to
the
diversity
of
countries
,
times
,
and
mens
manners
,
so
that
nothing
be
ordained
against
God's
Word
:
whoever
through
his
private
judgment
,
willingly
and
purposely
,
doth
openly
break
the
Traditions
and
Ceremonies
of
the
Church
,
which
be
not
Repugnant
to
the
Word
of
God
,
and
be
ordained
and
approved
by
common
Authority
,
ought
to
be
rebuked
openly
(
that
other
may
fear
to
doe
the
like
)
as
he
that
offendeth
against
the
common
order
of
the
Church
,
and
woundeth
the
consciences
of
the
weak
Brethren
:
Every
particular
or
National
Church
,
hath
Authority
to
Ordain
,
Change
and
Abolish
Ceremonies
,
or
Rights
of
the
Church
,
Ordained
onely
by
Man's
Authority
,
so
that
all
things
be
done
to
Edifying
.
35.
Of
Homilies
.
Article
.
35
The
second
Book
of
Homilies
,
the
several
Titles
whereof
we
have
joyned
under
this
Article
,
doth
contain
a
godly
and
wholesome
Doctrine
,
and
necessary
for
these
times
,
as
doth
the
former
Book
of
Homilies
,
which
were
set
forth
in
the
time
of
Edw.
the
sixth
;
and
therefore
we
judge
them
fit
to
be
read
in
Churches
by
the
Ministers
,
diligently
and
distinctly
,
that
they
may
be
understood
of
the
People
.
36.
Of
Consecration
of
Bishops
and
Ministers
.
Article
.
36
The
Book
of
Consecration
of
Archbishops
and
Bishops
,
and
ordering
of
Priests
and
Deacons
,
set
forth
in
the
time
of
Edward
the
sixth
,
and
confirmed
at
the
same
time
by
Authority
of
Parliament
,
doth
contain
all
things
necessary
to
such
Consecration
and
Ordering
;
neither
hath
it
any
thing
that
of
it self
is
superstitious
and
ungodly
.
And
therefore
whosoever
are
Consecrated
,
or
ordered
according
to
the
Rites
of
that
Book
,
since
the
second
Year
of
the
aforenamed
King
Edward
unto
this
time
,
or
hereafter
shall
be
Consecrated
,
or
Ordered
according
to
the
same
Rites
,
We
decree
all
such
to
be
Rightly
,
and
Orderly
,
and
Lawfully
Consecrated
and
Ordered
.
Note
,
that
this
last
Article
,
by
the
stat.
14.
Car.
2.
is
to
be
construed
and
taken
to
extend
,
and
shall
be
applied
unto
the
Book
,
containing
the
manner
of
Making
,
Ordaining
and
Consecrating
of
Bishops
,
Priests
and
Deacons
,
which
is
now
set
forth
in
such
sort
and
manner
,
as
the
same
did
heretofore
extend
unto
the
Book
set
forth
in
the
time
of
King
Edward
the
sixth
,
mentioned
in
the
said
Article
,
14.
Car.
2.
cap.
4.
37.
Of
the
civil
Magistrate
.
Article
.
37
The
Queens
Majesty
hath
the
chief
Power
in
this
Realm
of
England
,
and
other
her
Dominions
,
unto
whom
the
chief
Government
of
all
Estates
of
this
Realm
,
whether
they
be
Ecclesiastical
or
Civil
,
in
all
causes
doth
appertain
,
and
is
not
,
nor
ought
to
be
subject
to
any
foreign
Jurisdiction
.
Where
we
attribute
to
the
Queens
Majesty
,
the
chief
Government
,
by
●hich
Titles
we
understand
the
minds
of
some
slanderous
Folks
to
be
offended
,
we
give
not
to
our
Princes
the
Ministering
either
of
God's
Word
,
or
the
Sacraments
,
the
which
thing
the
Injunctions
also
sometimes
set
forth
by
Elizabeth
,
our
Queen
,
do
most
plainly
testify
.
But
that
only
Prerogative
,
which
we
see
to
have
been
given
alwaies
to
all
godly
Princes
in
Holy
Scriptures
by
God
himself
,
that
is
,
that
they
should
rule
all
Estates
and
degrees
,
committed
to
their
charge
by
God
,
whether
they
be
Ecclesiastical
,
or
Temporal
,
and
restrain
with
the
Civil
Sword
,
the
stubborn
and
evil
doers
.
The
Bishop
of
Rome
,
hath
no
Jurisdiction
in
this
Realm
of
England
.
The
Laws
of
the
Realm
,
may
punish
Christian
Men
with
death
,
for
heinous
and
grievous
Offences
.
It
is
Lawfull
for
Christian
Men
,
at
the
Commandment
of
the
Magistrate
,
to
wear
Weapons
,
and
serve
in
the
Wars
.
38.
Of
Christian
Mens
Goods
,
which
are
not
common
.
Article
.
38
The
Riches
and
Goods
of
Christians
are
not
common
,
as
touching
the
Right
,
Title
and
Possession
of
the
same
,
as
certain
Anabaptists
do
falsly
boast
:
Notwithstanding
,
every
Man
ought
of
such
things
as
he
possesseth
,
Liberally
to
give
Alms
to
the
Poor
,
according
to
his
Ability
.
39.
Of
a
Christian
Man's
Oath
.
Article
.
39
As
we
confess
,
that
vain
and
rash
swearing
is
forbidden
Christian
Men
by
our
Lord
Jesus
Christ
,
and
James
his
Apostle
;
so
we
judge
,
that
Christian
Religion
doth
not
prohibit
,
but
that
a
Man
may
swear
when
the
Magistrate
requireth
,
in
a
cause
of
Faith
and
Charity
,
so
it
be
done
according
to
the
Prophet's
teaching
,
in
Justice
,
Judgment
and
Truth
.
CHAP.
IV.
Several
cases
,
touching
the
privileges
of
Ministers
,
and
Churches
,
and
Church
Yards
.
The
punishment
for
laying
violent
Hands
on
a
Clergy-man
.
MAny
are
the
privileges
which
the
Laws
of
this
Realm
allow
to
Clergy
Men
in
Holy
Orders
,
some
of
which
I
shall
insert
in
this
Chapter
:
If
one
lay
violent
Hands
upon
the
Person
of
any
infra
sacros
Ordines
,
such
Offender
may
be
cited
into
the
Spiritual
Court
,
to
have
him
Excommunicated
,
or
doe
Corporal
Penance
;
But
the
party
offending
,
if
he
think
good
,
may
redeem
his
Penance
,
for
a
certain
sum
of
money
to
be
paid
to
the
party
grieved
,
who
may
sue
for
the
same
in
the
Spiritual
Court
,
if
it
be
not
paid
,
and
no
Prohibition
will
lie
,
vide
stat.
Articuli
Cleri
,
9
E.
3.
cap.
3
and
4.
&
Circumspecte
Agatis
,
13
E.
1
Regist
f.
45.
49.
51
,
52.
54.
57.
Co.
Institutes
,
2
part
,
f.
492.
and
620.
7
H.
3.
Prohibition
,
30.
5
H.
3.
Prohibition
,
29.
12.
H
7.
f.
23.
a.
p.
Butler
,
Co.
Rep.
4.
Lib.
f.
20.
b.
Bro.
action
sur
Case
,
15.
F.
N.
B.
f.
51.
R.
52.
D.
F.
53.
A.
In
what
Court
a
Minister
may
sue
for
a
scandal
.
If
one
call
a
Minister
Heretick
,
Schismatick
,
Fornicator
,
&c.
or
such
other
words
,
as
are
meerly
Spiritual
,
in
such
case
,
he
cannot
sue
in
the
Spiritual
Court
for
damages
,
but
he
may
cite
the
party
offending
,
pro
salute
animae
,
and
he
must
express
in
particular
,
the
defamation
in
his
Libel
:
and
for
the
costs
of
suit
recovered
,
he
may
sue
in
the
same
Court
,
if
they
be
not
paid
,
Co.
Inst.
2
part
,
f.
492
,
493.
F.
N.
B.
51
,
I.
52
,
M.
53.
A.
and
see
Tr.
25
Eliz.
B.
R.
Palmer
and
Thorp's
Case
,
Co.
Rep.
4.
Lib.
f.
20.
a.
A
Minister
is
not
bound
to
appear
at
Ministers
not
bound
to
appear
to
Sheriffs
Tourns
or
Leets
,
&c.
the
Sheriffe's
Tourns
,
nor
at
Court
Leets
,
by
the
Statute
of
Marlbridge
,
unless
their
appearance
be
especially
required
for
some
particular
cause
,
and
if
they
be
distrained
to
come
,
they
may
have
a
Writ
,
reciting
the
said
Statute
,
which
Writ
in
the
Register
beginneth
thus
.
Cum
de
communi
Consilio
Provisum
sit
,
quod
viri
Religiosi
non
habent
necesse
venire
ad
Tournum
Vicecom
,
&c.
Regist.
f.
176
8
H.
4.
f.
15.
stat.
Marlbridge
,
cap.
10
Co.
Inst.
2
part
,
f.
120
,
and
121.
Parsons
not
compellable
to
appear
at
Leets
,
by
the
Common
Law
.
By
the
Common
Law
also
,
Parsons
of
Churches
,
that
had
curam
animarum
,
were
not
compellable
to
come
to
Tourns
or
Leets
,
and
if
they
were
distrained
to
come
,
they
may
have
a
Writ
for
their
discharge
in
this
Form
:
Rex
,
&c.
Cum
secundum
Consuetudinem
Regni
Nostri
,
Personae
Ecclesiasticae
,
ratione
Terrarum
&
Tenementorum
suorum
,
Ecclesiis
suis
annexorum
,
venire
non
debeant
ad
Visum
Franci
Pleg
.
in
curia
nostra
vel
aliorum
quorumcumque
,
&c.
Regist
f.
175.
F.
N.
B.
f.
160.
C.
Co.
Inst.
2
part
,
f.
121.
Men
of
the
Church
,
not
to
be
amercied
after
the
quantity
of
their
Spiritual
Benefice
.
No
Man
of
the
Church
,
shall
be
amercied
after
the
quanty
of
his
Spiritual
Benefice
,
but
after
his
Lay
Tenement
,
and
after
the
quantity
of
his
Offence
;
and
note
,
that
the
word
Beneficium
is
a
large
word
,
and
his
taken
for
any
Ecclesiastical
Promotion
,
or
Spiritual
Living
whatsoever
:
vide
,
Magna
Charta
,
cap.
14.
and
Co.
Inst.
2
part
,
f.
29.
The
Plough
Beasts
of
Religious
Persons
,
Their
Plough
Beasts
not
to
be
distrained
&c.
or
their
Sheep
shall
not
be
distrained
for
the
King's
Debt
,
nor
the
Debt
of
any
other
Man
,
nor
for
any
other
cause
,
by
any
Bailiffs
whatsoever
,
but
untill
such
time
as
they
can
find
another
Distress
or
Chattels
sufficient
,
whereof
they
may
Levy
the
Debt
,
(
except
in
case
of
damage
Feasant
)
and
such
distress
is
also
to
be
reasonable
after
the
value
of
the
Debt
or
demand
,
and
by
the
Estimation
of
Neighbours
,
and
not
by
Strangers
,
nor
outrageous
,
stat.
de
districtione
Scaccarii
,
51
H.
3.
&
vide
dyer
,
f.
312.
a.
pl.
86.
May
make
their
Wills
of
Corn
sown
down
.
Spiritual
Persons
may
make
their
Wills
of
such
Corn
as
is
sown
upon
the
Glebe
Land
,
at
the
time
of
their
death
,
28
H.
8
cap.
11.
&
vide
34
H.
6.
38.
The
punishment
for
Arresting
Ministers
,
doing
Divine
Service
.
No
Man
upon
grievous
forfeiture
,
is
to
Arrest
any
Minister
in
Church
,
or
Church-Yard
,
whilst
he
is
attending
Divine
Service
,
50
E.
3
cap.
5.
and
by
the
1
R.
2.
if
any
offend
herein
,
and
be
thereof
duly
Convict
,
he
is
to
be
Imprisoned
,
and
Ransomed
at
the
King's
Will
,
and
must
make
agreement
with
the
party
,
1
R.
2
cap.
15.
&
vide
Boulstr
.
Rep.
2
part
,
f.
72
,
and
Cro.
Jac.
f.
321.
pl.
4.
and
Brow
.
Rep.
2
part
,
f.
301.
A
Clergy-man
guilty
of
Felony
,
not
to
be
burnt
the
Hand
in
If
a
Clerk
in
Holy
Orders
be
Convicted
of
any
crime
,
for
which
the
benefit
of
Clergy
is
allowable
,
upon
producing
his
Orders
,
he
shall
not
be
burnt
in
the
Hand
,
and
if
he
have
not
his
Orders
,
the
Court
ex
gratia
,
may
give
him
time
to
produce
them
;
and
if
afterwards
,
he
be
Convicted
again
,
he
shall
have
his
Clergy
again
,
and
so
ad
Infinitum
,
and
though
the
party
that
may
have
benefit
of
his
Clergy
,
must
pray
it
,
the
Court
not
being
bound
to
tender
it
ex
Officio
,
yet
the
22
E.
3
F.
Coronae
254.
says
,
that
if
the
Judge
know
him
to
be
a
Clerk
,
they
will
not
give
Judgment
,
though
he
pray
not
his
Clergy
,
vide
.
4
H.
7
cap.
13.
and
see
Searle
and
William's
Case
,
Hob.
Rep.
f.
288.
and
294.
By
the
Register
it
appears
,
that
Spiritual
Ministers
to
be
excused
from
paying
Tell
,
&c.
and
Ecclesiastical
Persons
,
are
to
be
quit
of
and
from
the
payment
of
Toll
in
Fairs
and
Markets
,
for
the
Goods
and
Merchandizes
,
which
they
buy
to
be
spent
on
their
Rectories
,
and
Church
Livings
;
and
for
such
Goods
and
Merchandizes
as
are
gotten
on
their
Church
Livings
;
and
they
are
also
to
be
quit
of
Murage
,
Pontage
,
and
Pannage
,
and
the
like
,
and
if
they
be
troubled
for
payment
thereof
,
they
may
have
a
Writ
out
of
the
Chancery
▪
commanding
the
parties
to
desist
,
and
so
an
Alias
&
Plures
,
and
then
an
Attachment
,
and
the
Form
of
the
Writ
de
essendi
quietum
de
Toloneo
,
runs
thus
.
Rex
&c.
Ballivis
suis
de
B.
salutem
,
cum
Personae
Ecclesiasticae
,
secundum
consuetudinem
bactenus
in
Regno
nostro
usitatam
&
approbatam
,
ad
Toloneum
,
Pannagium
,
&
Muragium
,
de
bonis
suis
Ecclesiasticis
,
alicubi
in
eodem
Regno
prestand
.
nullatenus
teneantur
,
vobis
praecipimus
,
quod
R.
B.
Personam
de
L.
&c.
vide
Regist.
f.
260.
F.
N.
B.
227.
F.
&
228.
A.
&
Co.
2
part
,
Inst.
f.
4.
Clergy-men
are
not
to
be
chosen
into
Temporal
petty
Offices
.
And
if
a
Clergy-man
,
who
holdeth
certain
Lands
and
Tenements
,
by
reason
of
his
said
Lands
,
ought
to
be
chosen
Bailiff
,
Beadle
,
or
Reeve
,
or
in
such
like
Office
for
his
Lands
,
and
by
reason
thereof
,
shall
be
chosen
into
such
Office
;
he
may
discharge
himself
by
Writ
out
of
the
Chancery
as
followeth
,
Rex
&c.
Ballivis
de
L.
salutem
cum
secundum
Legem
,
&
consuetudinem
Regni
Nostri
,
Angliae
,
clerici
infra
sacros
Ordines
constituti
ad
Officium
Ballivi
eligi
non
debent
nec
bactenus
consueverunt
,
ac
jam
ex
parte
,
W.
M.
&c.
There
is
also
the
Form
of
a
Writ
,
in
F.
N.
B.
to
free
them
if
they
be
distrayned
by
the
Sheriffs
,
or
Collectors
of
Tenths
or
Fifteens
,
in
their
Spiritual
Possessions
,
antiently
belonging
to
their
Churches
,
by
their
Goods
there
.
Register
f.
187
,
188.
F.
N.
B.
175
,
B.
176.
A.
Co.
Inst.
2
part
,
f.
3.
&
628.
Ecclesiastical
Persons
ought
not
in
They
are
not
bound
Pers●nally
to
serve
in
War
,
&c.
Person
to
serve
in
War
,
and
in
an
action
,
brought
against
a
Clergy-man
,
(
wherein
a
Capias
lieth
)
as
in
Trespass
,
Debt
,
Account
,
&c.
If
the
Sheriff
return
,
quod
clericus
est
Beneficiatus
,
nullum
habens
Laicum
feodum
,
in
which
he
may
be
summoned
,
in
this
Case
,
the
Plaintiff
cannot
have
a
Capias
to
the
Sheriff
,
to
take
his
Body
,
but
he
must
have
a
Writ
to
the
Bishop
,
to
cause
him
to
come
and
appear
;
but
if
the
Sheriff
return
,
quod
Clericus
est
nullum
habens
Laicum
feodum
,
then
a
Capias
may
be
granted
to
the
Sheriff
,
because
it
appears
not
by
the
return
that
he
is
Beneficiatus
,
so
as
he
may
be
warned
by
the
Bishop
,
so
note
the
deversity
,
vide
18
E.
3.
proc
.
205.
9
E.
3.
30.
32
E.
3.
Process
,
58.
21
H.
6.
16.
34
E.
3.
scire
fac.
153.
Co.
Inst.
2.
part
,
f.
A
Clergy
Man's
Body
not
to
be
taken
upon
a
Statute
acknowledged
.
If
any
Ecclesiastical
Person
acknowledge
a
Statute
Merchant
,
or
Statute
Staple
,
or
a
Recognizance
,
in
the
Nature
of
a
Statute
Staple
,
his
Body
shall
not
be
taken
,
by
force
of
any
Process
thereupon
,
for
the
Writ
runs
,
Si
Laicus
sit
,
and
if
he
be
bound
in
a
Recognizance
in
the
Chancery
,
or
any
other
Court
,
&c.
and
pay
not
the
summ
at
the
day
;
by
the
Common
Law
,
if
he
had
nothing
but
Ecclesiastical
Goods
,
the
Recognizee
could
not
have
had
a
Levari
facias
,
to
the
Sheriffs
to
Levye
,
but
the
Writ
was
to
be
directed
to
the
Bishop
of
the
Diocess
,
to
Levye
the
same
upon
his
Ecclesiastical
Goods
,
but
now
by
the
Statute
of
Westminster
,
2.
cap.
18.
the
Recognizee
may
sue
forth
an
Elegit
,
directed
to
the
Sheriff
,
to
have
Execution
of
the
Moiety
of
his
Lands
,
and
of
all
his
Goods
and
Chattels
,
except
his
Beasts
of
his
Plough
,
Regist.
f.
300.
16
E.
3.
Process
,
165.
F.
N.
B.
266.
A.
B.
Co.
Inst.
2
part
,
f.
4.
What
Remedy
Ministers
have
,
if
the
may
be
step●
where
they
should
●eade
their
Tythes
If
any
of
the
Parishioners
do
disturb
their
Parson
,
or
Vicar
,
to
carry
his
Tythes
by
the
usual
ways
and
passages
,
the
Parson
may
sue
in
the
Spiritual
Court
,
for
the
disturbance
;
and
if
the
other
party
sue
a
Prohibition
upon
the
matter
sued
,
a
Consultation
shall
be
granted
,
F.
N.
B.
51
A.
In
the
25
H.
8
▪
There
was
a
Statute
made
against
the
excessive
number
of
Ministers
may
keep
what
number
of
sheep
they
ple●se
.
Sheep
,
wherein
there
is
a
Proviso
,
that
it
might
be
Lawfull
to
all
Spiritual
Persons
and
every
of
them
,
to
keep
such
and
so
many
Sheep
,
upon
their
own
Lands
,
as
they
might
have
done
before
the
making
of
the
said
Act
,
25
H.
8.
cap.
13.
The
Priviledge
of
the
Clergy
and
their
Servants
in
the
Convocation
.
Note
,
that
the
Clergy
of
the
Kingdom
,
called
to
the
Convocation
by
the
King
's
Writ
,
and
their
Servants
and
Families
shall
have
such
privileges
,
in
coming
,
tarrying
,
and
going
,
as
the
great
Men
and
Communality
of
this
Realm
,
called
to
the
King's
Parliament
do
injoy
,
1
H.
6.
cap.
1.
Co.
Inst.
4
part
,
f.
323.
The
punishment
for
disturbing
Ministers
.
If
any
Person
or
Persons
,
of
their
own
Power
or
Authority
,
do
,
or
shall
willingly
and
of
purpose
,
by
open
and
overt
Word
,
Fact
,
Act
,
or
Deed
,
maliciously
or
contemptuously
molest
,
let
,
disturb
,
vex
,
or
trouble
,
or
by
any
other
unlawfull
ways
and
means
,
disquiet
or
misuse
any
Preacher
or
Preachers
,
Licensed
,
allowed
,
or
Authorized
to
Preach
,
by
any
Archbishop
,
or
Bishop
of
this
Realm
,
or
by
any
other
Lawfull
Ordinary
,
or
by
either
of
the
Universities
,
&c.
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
open
Sermon
,
Preaching
or
Collation
,
that
he
or
they
shall
make
,
Declare
,
Preach
,
or
Pronounce
,
in
any
Church
,
Chapel
,
Church-yard
,
or
in
any
other
place
or
places
,
used
or
appointed
to
be
Preached
in
,
or
if
any
Person
,
&c.
do
maliciously
,
willingly
,
or
of
purpose
,
molest
,
let
,
disturb
,
vex
,
disquiet
,
or
otherwise
trouble
any
Parson
,
Vicar
,
Parish
Priest
,
or
Curate
,
&c.
saying
,
doing
,
singing
,
Ministring
,
or
Celebrating
Divine
Service
,
Sacraments
,
&c.
that
at
any
time
after
the
said
Statute
shall
be
allowed
,
set
forth
,
or
Authorized
,
&c.
The
Offenders
herein
,
upon
Conviction
before
two
Justices
of
the
Peace
,
by
two
sufficient
Witnesses
,
or
their
own
Confession
,
may
be
committed
by
the
said
Justices
,
to
the
Gaol
without
Bail
or
mainprize
for
three
Months
,
and
after
that
,
to
the
next
Quarter
Sessions
;
where
if
upon
the
appearance
there
they
Repent
,
and
be
Reconciled
,
then
to
be
discharged
of
Imprisonment
,
finding
sufficient
suerties
for
their
good
Behaviour
for
one
whole
year
then
next
ensuing
;
and
if
they
refuse
to
be
reconciled
and
repent
,
then
to
be
continued
in
the
Gaol
without
Bail
,
&c.
until
they
shall
be
reconciled
and
repent
.
1
Mar.
Sess.
2.
cap.
3.
The
penalty
against
such
as
rescue
disturbers
of
Ministers
.
If
any
person
shall
unlawfully
rescue
any
Offender
in
the
premisses
aforesaid
,
or
hinder
the
Offender
or
Offenders
to
be
Arrested
,
such
rescuer
or
disturber
is
to
suffer
Imprisonment
as
aforesaid
,
and
forfeit
five
pounds
to
the
Queens
Majesty
,
her
Heirs
and
Successors
,
and
if
the
Town
suffer
such
Offender
to
escape
,
and
be
lawfully
presented
for
it
,
at
the
next
Quarter-Sessions
,
then
the
Town
forfeits
five
pounds
in
like
manner
;
such
Offenders
as
are
punished
in
the
Ecclesiastical
Court
,
are
not
to
be
punished
by
the
Justices
,
neither
are
such
as
be
punished
by
the
Justices
to
be
troubled
by
the
other
Court
.
1
Mar.
Sess.
2.
cap.
3.
An
Action
of
false
Imprisonment
was
brought
against
four
Justices
of
Peace
,
by
one
who
had
disturbed
a
Preacher
and
adjudged
it
did
not
lye
Although
this
Statute
was
made
in
time
of
Popery
,
yet
it
is
still
in
force
as
to
the
Offences
before
mentioned
,
for
in
the
10.
year
of
King
James
,
one
Creswick
brought
an
Action
of
false
Imprisonment
against
four
Justices
of
the
Peace
,
and
they
justified
the
Imprisonment
upon
this
Statute
,
and
set
forth
that
the
Plaintiff
disturbed
one
Robert
Thompson
a
Licensed
Minister
,
and
hindred
his
Preaching
in
the
Church
of
〈…〉
in
the
County
of
York
,
and
so
they
committed
the
Plaintiff
to
Prison
,
and
upon
a
Demurrer
to
this
Plea
it
came
to
be
argued
,
and
was
strongly
debated
several
Terms
,
but
at
length
in
Hill
.
Term
11
Jac.
Judgment
was
given
against
the
Plaintiff
Creswick
by
all
the
Judges
.
Tr.
10
Jac.
Rot.
1647.
B.
R.
Creswick
against
Rookby
&
alium
Bolst
.
Rep.
2.
part
.
fo.
47
,
48
,
49
,
50
,
51
,
52
,
53.
The
like
case
.
Also
one
Cross
brought
an
Action
of
false
Imprisonment
against
one
Stanhop
and
other
two
Justices
of
Peace
in
the
County
of
York
,
and
they
Justified
the
Imprisonment
by
reason
of
this
Statute
,
1
Mar.
cap.
3.
for
disturbing
Preachers
,
and
the
Plaintiff
demurred
to
their
Plea
,
and
upon
argument
it
was
adjudged
against
him
.
Hill.
11.
Jac.
B.
R.
Cross
and
Stanhop's
Case
,
Godbolts
Rep.
fo.
246.
pl.
343.
By
whom
the
Parish
Clark
is
to
be
chosen
.
The
Minister
,
Parson
,
or
Vicar
,
is
to
chuse
the
Parish
Clark
,
which
said
choise
is
to
be
signified
by
the
Minister
,
Vicar
,
or
Parson
to
the
Parishioners
,
the
next
Sunday
following
,
in
the
time
of
Divine
Service
,
and
the
Clark
is
to
be
twenty
years
of
Age
,
at
least
,
and
of
honest
Conversation
,
and
sufficient
for
his
Writing
,
Reading
,
and
also
for
his
competent
Singing
,
(
if
it
may
be
)
which
Clark
so
chosen
shall
receive
their
antient
wages
,
without
fraud
or
diminution
,
either
from
the
Church-Wardens
at
the
accustomed
time
,
or
by
their
own
Collection
according
to
the
custom
of
the
Parish
.
Can.
91.
but
if
the
Parish
have
a
custom
contrary
to
this
Canon
,
then
the
custom
is
to
be
observed
and
not
the
Canon
,
as
appears
by
several
Cases
in
Rolls
Cases
,
2
part
.
fo.
286.
All
Church-Wardens
,
Questmen
,
By
whom
Church-Wardens
,
&c
are
to
be
chosen
.
Sidemen
,
or
Assistants
in
every
Parish
are
to
be
chosen
by
the
joynt
consent
of
the
Minister
and
Parishioners
if
it
may
be
,
but
if
they
cannot
agree
,
then
the
Minister
to
chuse
one
,
and
the
Parishioners
another
.
Can.
89.
90.
but
where
there
is
an
antient
custom
in
any
Parish
for
the
choise
of
Church-Wardens
contrary
to
the
Canon
,
in
such
case
the
custom
is
to
be
observed
,
for
if
the
Parishioners
of
a
Parish
have
used
time
out
of
mind
to
Elect
one
Church-Warden
and
the
Vicar
another
,
and
afterwards
a
Canon
is
made
,
that
the
Vicar
shall
Elect
two
,
and
he
doth
so
accordingly
,
and
the
Parishioners
Elect
one
according
to
their
Custome
,
and
the
Ordinary
dissallows
him
,
and
establisheth
the
other
two
,
in
this
Case
a
Prohibition
shall
be
granted
,
P.
5
Jac.
B.
R.
the
Parishioners
Case
of
Rovenden
in
Kent
,
Roll's
Cases
,
2
part
,
f.
287.
The
like
,
A
Prohibition
was
granted
against
a
Church-Warden
,
chosen
by
the
Parson
of
S.
Magnus
,
●igh
London-bridge
,
by
force
of
a
Canon
,
upon
a
surmise
that
the
Parish
hath
a
Custom
to
choose
two
Church-Wardens
,
Tr.
7
Car.
1.
B.
R.
between
Shirly
and
Brown
,
the
like
between
Draper
and
Stone
,
for
Abchurch
in
London
,
P.
4.
Car.
1.
B.
R.
Rot.
420.
Roll's
Cases
,
2
part
,
f.
287.
the
like
against
a
Church-Warden
,
chosen
by
the
Parson
of
Alhallows
London
,
P.
17
Jac.
B.
R.
Warner's
Case
,
and
P.
5
Jac.
the
Parishioners
of
Walbrook's
Case
,
in
London
,
Cro.
Jac.
f.
532.
the
like
against
a
Church-Warden
chosen
by
the
Parson
of
S.
Thomas
in
London
,
Tr.
15
Car.
B.
R.
Evelyn's
Case
,
Cro.
Car.
f.
551.
and
Jo.
Rep.
f.
453.
the
same
Case
,
and
see
also
the
Case
of
the
Parishioners
of
Ethelborough
in
London
,
Mar.
Rep.
p.
22.
pl.
50.
and
pa.
67.
pl.
104.
The
right
of
the
Church
and
Church-yard
,
are
in
the
Parson
.
The
Parson
hath
the
right
of
the
Church
and
Church
yard
in
him
;
and
if
the
Walls
,
Windows
,
or
Doors
of
the
Church
be
broken
down
,
or
the
Trees
in
the
Church-yard
be
cut
down
,
or
the
Grass
thereof
be
eaten
up
,
the
Parson
,
or
Vicar
,
and
not
the
Church-Wardens
shall
have
an
action
for
it
,
Quare
vi
&
armis
domum
&
clausum
fregit
,
&c.
8
H.
6.
f.
9.
but
for
Ornaments
in
the
Church
,
or
Bells
in
the
Steeple
,
or
a
seat
in
the
Church
taken
away
,
the
Parson
here
shall
not
have
the
action
for
such
things
,
but
the
Church-Wardens
must
sue
for
them
:
and
if
the
Coat
of
Armour
,
or
Scutchions
,
or
Pendants
of
Arms
,
that
are
hung
in
the
Church
or
Chancel
,
in
Honour
of
the
party
buried
,
or
the
Grave
Stone
laid
over
one
,
be
taken
away
by
the
Parson
,
or
any
other
,
the
Heir
,
or
Executors
of
the
party
buried
,
shall
sue
for
them
,
9
E.
4.
14.
a.
Lady
Wyche
Case
,
vide
.
10
H.
4.
9.
21
H.
7.
21.
11
H.
4.
12.
27
H.
3.
Prohibition
,
26.
31
H.
4
12.
F.
N.
B.
9
R.
and
see
Co.
Inst.
3
part
,
f.
202.
M.
10
Jac.
C.
B.
Corven
and
Pym's
Case
.
A
Bell
hung
in
the
Steeple
,
or
Pew
set
in
the
Church
,
cannot
be
removed
by
the
party
.
If
a
Man
buy
a
Bell
,
and
hang
it
up
in
the
Church
Steeple
,
or
make
a
Pew
,
and
set
it
up
in
the
Church
,
though
he
makes
neither
words
nor
writing
thereof
,
yet
by
this
,
the
Bell
and
Pew
are
so
dedicated
to
the
Church
,
that
the
party
that
did
owe
them
,
can
never
have
them
again
,
for
if
they
should
come
to
remove
them
,
the
Church-Wardens
might
sue
them
for
it
,
8
H.
7.
12.
10
H.
4.
9.
&
vide
Ritchin
,
p.
277.
a.
Church-Wardens
to
sue
for
Organs
taken
away
.
If
the
Organs
be
taken
out
of
the
Church
,
the
Church-Wardens
may
have
an
action
of
Trespass
for
the
same
,
for
the
Organs
belong
to
the
Parishioners
,
and
not
to
the
Parson
;
and
therefore
the
Parson
cannot
sue
such
party
in
the
Ecclesiastical
Court
that
took
them
,
Tr.
21
Jac.
B.
R.
per
curiam
,
Roll's
Cases
,
1
part
,
f.
393.
Trees
in
the
Church-Yard
,
belong
to
the
Parson
.
All
Trees
growing
in
Church-yards
,
belong
to
the
Ministers
,
but
they
are
not
to
presume
to
cut
them
,
or
fell
them
down
unadvisedly
,
but
when
the
Chancell
of
the
Church
doth
want
necessary
Reparations
,
and
they
are
not
to
be
converted
to
any
other
use
,
except
the
Body
of
the
Church
doth
need
like
repair
,
and
my
Lord
Cook
saith
,
meliorem
conditionem
Ecclesiae
facere
potest
praelatus
deteriorem
nequaquam
,
vide
stat.
ne
rectores
prosternant
arbores
in
Coemiterio
,
35
E.
1.
Co.
Rep.
11.
Lib.
f.
49.
b.
&
vide
M.
13
Jac.
B.
R.
Bellamie's
Case
,
Roll's
Rep.
1
part
,
f.
255.
pl.
23.
No
Fairs
or
Markets
to
be
kept
in
Church-yards
.
By
the
Statute
of
Winchester
,
it
is
provided
,
that
neither
Fairs
nor
Markets
be
kept
in
Church-yards
,
for
the
Honour
of
the
Church
,
stat.
Winchester
made
at
Westminster
,
13
E.
1.
and
he
that
doth
keep
any
Fair
or
Market
there
,
may
be
fined
for
it
,
Lamb.
419.
By
whom
Churches
are
to
be
repaired
.
And
note
,
that
the
Body
of
the
Church
is
to
be
repaired
at
the
charge
of
the
owners
of
Houses
and
Lands
in
the
Parish
,
for
that
it
is
the
place
where
Divine
Service
is
Celebrated
,
and
the
Bodies
of
the
Parishioners
of
the
best
sort
and
quality
are
buried
,
in
respect
whereof
,
the
Law
doth
allow
the
Ecclesiastical
Court
to
have
Conusance
thereof
,
and
for
the
providing
decent
Ornaments
for
the
Celebration
of
Divine
Service
,
they
are
also
to
repair
such
publick
Chapels
,
as
are
annexed
to
the
Church
,
but
not
the
private
Chapel
of
any
though
annexed
to
the
Church
,
for
that
must
be
repaired
by
him
that
hath
the
proper
use
of
it
;
for
qui
sentit
commodum
sentire
debet
&
onus
,
circumspecte
agatis
,
13
E.
1.
Co.
Inst.
2
part
,
f.
489.
F.
N.
B.
50.
N.
Regist.
f.
44.
b.
Brit.
f.
11.
&
vide
,
M.
31
,
32
Eliz.
B.
R.
Jeffery
,
and
Rensly
,
and
Foster's
Case
,
Co.
Rep.
5.
Lib.
f.
66.
and
P.
41
Eliz.
B.
R.
Paget
and
Crumpton's
Case
.
Cro.
Eliz.
f.
659.
pl.
5.
By
whom
the
Church-yard
is
to
be
incl●sed
.
The
Parishioners
are
also
to
repair
the
Inclosure
of
the
Church-yard
,
because
the
Bodies
of
the
common
sort
are
buried
there
,
and
for
the
preservation
of
the
Burials
of
those
that
were
,
or
should
have
been
whilst
they
lived
the
Temples
of
the
Holy
Ghost
,
and
Coemeterium
is
derived
of
the
Greek
word
〈◊〉
〈◊〉
〈◊〉
〈◊〉
〈◊〉
that
is
Dormio
,
and
therefore
Coemeterium
est
quasi
Dormitorium
,
quia
mortui
Dormire
dicuntur
usque
ad
Resurrectionem
.
And
also
,
if
the
Church-yard
be
not
decently
Inclosed
,
the
Church
which
is
Domus
Dei
,
cannot
decently
be
kept
,
and
therefore
this
the
Parishioners
ought
to
do
,
per
consuetudinem
notoriam
&
approbatam
,
and
the
Conusance
thereof
is
allowed
by
the
13
E.
1
stat.
circumspecte
agatis
,
Co.
Inst.
2
part
,
f.
489.
Regist.
44.
b.
Brit.
f.
11.
&
vide
,
Jeffery
,
and
Rensly
,
and
Foster's
Case
,
M.
31
,
32
Eliz.
B.
R.
Co.
Rep.
5
Lib.
f.
66.
and
P.
41
Eliz.
B.
R.
Paget's
Case
,
there
cited
,
f.
67.
b.
What
things
are
to
be
provided
by
the
Church-Wards
.
The
Church-Wardens
,
or
Questmen
of
every
Parish
,
are
at
the
Parish
charge
,
to
provide
the
great
Bible
,
for
every
Church
and
Chapel
,
with
the
Book
of
Common-Prayer
,
and
Books
of
Homilies
,
a
Font
of
stone
for
publick
Christning
,
with
a
decent
Communion
Table
,
which
is
to
be
covered
in
time
of
Divine
Service
,
with
a
Carpet
of
Silk
,
or
other
decent
stuff
,
and
with
a
fair
Linnen
Cloth
at
the
time
of
the
Communion
;
and
the
ten
Commandemens
to
be
set
upon
the
East
end
of
the
Church
or
Chapel
,
where
the
People
may
best
see
,
and
reade
them
,
and
other
chosen
sentences
to
be
written
upon
the
Walls
of
the
said
Churches
and
Chapels
;
and
a
decent
Pulpit
is
also
to
be
set
in
a
convenient
place
therein
,
with
a
Chest
for
Alms
,
having
a
hole
in
the
upper
part
thereof
,
and
three
Kayes
,
one
to
remain
with
the
Parson
,
Vicar
,
or
Curate
,
and
the
other
two
with
the
Church-Wardens
:
they
are
also
to
take
care
,
that
the
Church
Windows
from
time
to
time
be
well
Glased
,
and
that
the
Floors
be
kept
paved
plain
and
even
without
dust
,
or
any
noysome
or
unseemly
thing
;
and
to
take
care
that
the
Church-yard
be
sufficiently
repaired
and
fenced
with
Walls
,
Rails
,
or
Pales
,
according
to
the
Custom
,
at
their
charges
,
who
by
Law
ought
to
repair
the
same
;
and
they
are
also
to
see
that
the
peace
be
well
kept
,
at
every
meeting
of
the
Congregation
;
and
that
Persons
Excommunicated
,
and
so
denounced
,
be
kept
out
of
the
Church
,
and
they
are
not
to
suffer
any
Plays
,
Feasts
,
Banquets
,
Suppers
,
Church-Ales
,
Drinkings
,
Temporal
Courts
or
Leets
,
Lay-Juries
,
Musters
,
or
any
other
prophane
usage
to
be
kept
in
the
Church
,
Chapel
,
or
Church-yard
,
nor
the
Bells
to
be
rung
superstitiously
on
Holy-days
or
Eves
,
abrogated
by
the
Book
of
Common-Prayer
;
and
all
those
who
have
Authority
to
hold
Ecclesiastical
Visitations
,
shall
either
in
Person
,
or
by
Substitute
,
survey
the
Churches
of
their
Jurisdiction
,
once
every
three
Years
,
to
see
if
all
things
be
in
good
repair
,
Can.
80
,
81
,
82
,
83
,
84
,
85
,
86
,
88.
If
any
Person
whatsoever
,
shall
by
words
only
Quarrel
,
Chide
,
or
Brawl
The
punishment
for
quarrelling
or
fighting
in
Church
or
Church-yard
.
in
any
Church
,
or
Church-yard
,
the
Ordinary
upon
Proof
of
two
Lawfull
Witnesses
,
if
he
be
a
Lay-man
,
may
suspend
him
ab
ingressu
Ecclesiae
,
and
if
a
Clergy
Man
,
from
the
Ministration
of
his
Office
,
for
so
long
time
as
the
Ordinary
thinks
meet
,
according
to
the
fault
;
And
if
any
Person
or
Persons
whatsoever
,
shall
smite
,
or
lay
violent
Hands
upon
any
other
,
either
in
any
Church
or
Church-yard
,
then
every
Person
so
offending
,
shall
(
ipso
facto
)
be
deemed
Excommunicate
,
and
be
excluded
from
the
company
of
Christ's
Congregation
;
And
further
,
if
any
Person
shall
maliciously
strike
any
,
with
any
weapon
,
in
any
Church
or
Church-yard
,
or
shall
draw
any
weapon
there
,
to
the
intent
to
strike
another
with
the
same
weapon
,
every
Person
so
offending
,
being
Convicted
by
Verdict
of
Twelve
Men
,
or
by
his
own
Confession
,
or
by
two
Lawfull
Witnesses
,
before
Justices
of
Assize
,
Justices
of
Oyer
and
Terminer
,
or
Justices
of
Peace
,
in
their
Sessions
,
shall
loose
one
of
his
Ears
,
and
if
he
have
no
Ears
,
then
to
be
marked
in
the
Cheek
,
with
an
hot
Iron
,
with
the
Letter
F.
and
(
ipso
facto
)
be
Excommunicate
,
5
E.
6.
cap.
4
Co.
Inst.
3
part
,
f.
176
,
177.
An
action
of
false
Imprisonment
,
brought
by
one
Imprisoned
for
quarrelling
in
the
Church-yard
.
An
action
of
false
Imprisonment
,
was
brought
against
two
Justices
of
the
Peace
,
who
pleaded
that
the
Plaintiff
was
Excommunicate
at
the
time
of
his
action
brought
,
and
then
because
,
malitiose
extraxit
pugionem
suum
in
quendam
E.
ea
intentione
ad
percutiendum
ipsum
tam
in
Coemiterio
Sanctae
Margaretae
,
Virginis
,
infra
clausum
Cathedralis
Ecclesiae
,
Lincoln
,
quam
in
Caemiterio
ejusdem
Ecclesiae
,
&c.
and
was
indicted
for
the
same
,
And
it
was
doubted
by
the
Court
,
whether
this
Plea
was
good
or
no
,
and
if
the
Plaintiff
by
the
Statute
aforesaid
,
shall
immediately
without
any
proof
made
,
or
tryal
had
,
or
sentence
given
,
or
proof
of
Witnesses
before
the
Ordinary
,
by
reason
of
the
words
(
ipso
facto
)
be
deemed
Excommunicate
,
P.
10
Eliz.
Dyer's
Reports
,
f.
275.
b.
pl.
48.
Palmer
and
Mounson's
Case
,
&
vide
Viner
and
Eaton's
Case
,
Hetley's
Rep.
f.
86.
Several
Indictments
,
for
quarrelling
in
Church
and
Church-yards
.
Many
Indictments
have
been
framed
upon
this
Statute
of
5
E.
6.
cap.
4.
but
none
of
the
Offenders
have
undergone
the
punishment
that
I
can
find
,
for
all
the
Indictments
have
been
quashed
for
insufficiency
of
Forms
,
as
may
appear
by
the
Cases
following
.
One
Perchal
was
Indicted
upon
this
Statute
for
drawing
his
dagger
in
the
Church
against
J.
S.
without
saying
that
he
did
draw
it
to
the
intent
to
stick
the
Plaintiff
,
and
therefore
the
Indictment
was
holden
void
as
to
the
Statute
,
and
for
the
Assault
also
at
Common-Law
,
because
the
Indictment
concluded
contra
formam
Statuti
.
M.
32.
El.
B.
R.
Perchal's
Case
,
Leo.
Rep.
2.
part
fo.
188.
pl.
234.
and
see
also
p.
33.
Eliz.
B.
R.
an
Indictment
against
one
Penhallow
,
quashed
for
the
same
Reason
.
Cro.
Eliz.
fo.
231.
pl.
23.
An
Indictment
for
fighting
in
the
Church-yard
.
An
Indictment
was
also
found
against
one
Dethick
upon
this
Statute
for
striking
in
St.
Pauls
Church-yard
,
and
being
by
the
Queens
Pattent
created
Garter-King
of
Arms
,
by
the
words
Creamus
,
Coronamus
&
Nomen
imponimus
de
Garter
Rex
Heraldrorum
,
because
he
was
not
so
named
in
the
Indictment
,
being
parcel
of
his
Dignity
and
not
of
his
Office
,
he
was
therefore
discharged
of
the
Indictment
,
p.
23.
Eliz.
B.
R.
Dethicks
Case
,
Cro.
Eliz
,
fo.
224.
pl.
7.
A
man
was
Indicted
also
upon
this
Statute
,
that
in
the
Church-yard
such
The
like
.
a
day
extraxit
Gladium
against
I.
L.
&
ipsum
percussit
,
and
because
the
Statute
is
,
if
any
person
maliciously
strike
another
,
or
shall
draw
any
Weapon
with
an
intent
to
strike
any
person
,
and
the
Indictment
was
extraxit
,
but
does
The
like
.
not
say
ad
percutiendum
,
and
because
it
was
quod
percussit
,
without
saying
malitiose
the
party
was
discharged
.
Noyes
Rep.
fo.
171.
The
like
.
And
two
Cholmleys
Jasper
and
John
being
Indicted
for
assaulting
Doctor
Higham
in
Ecclesia
de
Shoreditch
praedicta
,
&
praedict.
Johannem
Higham
ad
tune
&
ibid
,
&c.
verberaverunt
,
vulneraverunt
&
maletráctaverunt
contra
formam
Statuti
,
&c.
and
upon
this
the
Grand
Jury
finding
Billa
vera
against
Jasper
,
and
Ignoramus
against
John
;
and
Jasper
pleading
not
guilty
it
was
found
against
him
,
and
it
was
moved
in
Arrest
of
Judgment
,
that
the
Indictment
was
not
good
,
being
fecerunt
,
and
the
Bill
found
onely
against
one
,
but
this
exception
was
not
allowed
,
but
another
exception
was
taken
because
it
was
said
in
Ecclesia
de
Shoreditch
praedicta
,
and
Shoreditch
was
not
named
before
,
and
for
this
fault
the
Judgment
was
stayd
.
Tr.
12.
Car.
1.
B.
R.
Cholmleys
Case
,
Cro.
Car.
fo.
464.
pl.
2.
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.
What
Presentation
is
.
NOte
,
that
Presentation
is
derived
a
praesentando
,
quia
praesentare
nihil
aliud
est
quam
praesto
dare
seu
offerre
,
&c.
and
this
may
be
done
as
well
by
Word
as
by
Writing
,
and
if
it
be
by
Writing
it
is
no
Deed
,
but
it
is
onely
in
Nature
of
a
Letter
to
the
Bishop
;
and
this
is
the
reason
that
the
King
himself
may
present
by
Word
i●
the
Ordinary
be
present
.
Doderidge
pa.
63.
Co.
Lit.
fo.
120.
a.
19.
Eliz.
●●
Quare
Impedit
,
60.
Rolls
Cases
2
part
f●
353.
S.
1
,
2
,
3
,
4.
Cro.
Jac.
fo.
248.
3●
E.
3.3
.
&
vide
King
and
Emmersons
Cas●
Tr.
8.
Jac.
C.
B.
Brownl
.
Rep.
1.
pa●●
fo.
162.
Presentations
or
Commendatorie
The
Form
of
a
Presentation
.
Letters
,
are
usually
in
this
or
the
like
Form
.
Reverendissimo
in
Christo
Patri
,
&
domino
,
R.
permissione
divina
Eboracensis
Archiepiscopo
,
Angliae
Primati
&
Metropolitano
,
ejusve
in
absentia
Vicario
suo
in
rebus
spiritualibus
generali
,
T.
S.
Armiger
verus
&
indubitatus
patronus
Ecclesiae
Parochialis
de
H.
in
Com.
Ebor.
salutem
in
domino
sempiternam
,
ad
Ecclesiam
Parochialem
de
H.
praedictam
vestrae
Diocesis
modo
per
mortem
(
vel
Resignationem
,
C●ssionem
,
Deprivationem
,
&c.
as
the
Case
is
)
T.
R.
vacantem
,
&
ad
meam
praesentationem
pleno
jure
spectantem
,
dilectum
meum
in
Christo
W.
C.
clericum
,
in
artibus
Magistrum
,
paternitati
vestrae
praesento
,
(
or
commendo
)
humiliter
supplicans
,
ut
praefatum
W.
C.
ad
dictam
Ecclesiam
admittere
,
ipsumque
Rectorem
ejusdem
Ecclesiae
instituere
,
&
induci
facere
cum
suis
Juribus
&
pertinentiis
universis
,
caeteraque
omnia
&
singula
peragere
,
&
adimplere
in
hac
parte
quae
ad
vestrum
munus
Episcopale
pertinere
vedebuntur
dignemini
cum
favore
,
in
cuius
rei
Testimonium
his
praesentibus
sigillum
meum
apposui
datum
primo
die
Decembris
,
Anno.
Regni
,
&c.
Generally
,
all
Persons
who
have
ability
Who
may
make
a
Presentation
.
to
grant
or
purchase
,
have
ability
to
present
unto
any
Benefice
with
cure
of
Souls
.
Yea
,
an
Infant
under
the
Age
of
21
Years
,
may
present
in
his
own
Name
and
Right
;
and
if
he
do
not
present
within
six
Months
,
the
Church
shall
Lapse
to
the
Bishop
,
but
a
Feme
Covert
cannot
present
by
her self
,
but
her
Husband
shall
present
either
in
his
own
Name
,
or
else
in
both
their
Names
together
;
but
the
Queen
of
England
,
is
as
a
Feme
Sole
,
and
may
present
to
any
Church
,
without
the
King
,
also
,
Men
Outlaw'd
or
Excommunicate
,
&c.
may
present
,
and
their
presentments
shall
stand
good
,
till
they
be
avoided
by
Plea
,
9
H.
6.
5.
17
E.
3.
9.
3
H.
7.
14.
Hughe's
cap.
22.
One
may
have
the
Presentation
,
and
another
the
N●mination
to
a
Living
.
And
note
,
that
one
may
have
the
Presentation
,
and
another
the
Nomination
to
a
Living
;
and
so
they
may
be
Divers
distinct
Inheritances
:
As
if
I
being
seized
of
an
Advowson
in
fee
do
grant
to
B.
and
his
Heirs
,
that
he
and
his
Heirs
every
time
the
Church
becometh
void
,
shall
Nominate
to
me
a
Person
to
be
presented
to
the
same
Church
,
which
Person
so
Nominated
,
I
or
my
Heirs
shall
present
to
the
Ordinary
of
the
place
,
to
be
admitted
accordingly
into
the
Church
.
And
it
hath
been
a
question
in
this
Case
,
who
shall
be
said
to
be
Patron
of
the
Church
,
some
think
he
that
hath
the
Nomination
,
and
that
he
that
ought
to
present
,
is
only
as
servant
to
him
that
hath
the
Nomination
,
vide
,
24
E.
3.
70.
14
H.
4.
11.
a.
1
H.
5.
2.
F.
N.
B.
33
B.
Doder
,
p.
65.
Plo.
Com.
157.
Where
one
hath
the
Presentation
,
and
another
the
Nomination
,
who
shall
be
Patron
.
And
therefore
,
in
the
14
E.
4.
2.
b.
the
Justices
distinguished
,
that
if
one
be
seized
of
an
Advowson
,
and
granteth
to
I.
S.
and
his
Heirs
to
Nominate
at
every
avoidance
,
to
him
and
his
Heirs
,
a
Person
to
be
presented
to
the
same
Church
,
which
Person
so
Nominated
,
shall
be
by
him
or
his
Heirs
,
presented
to
the
Ordinary
;
that
in
this
Case
,
he
to
whom
the
Nomination
is
so
granted
,
shall
be
Patron
.
But
if
I
grant
to
I.
S.
that
at
every
avoidance
,
he
shall
Nominate
to
me
two
Clerks
,
of
which
I
shall
present
one
to
the
Bishop
,
in
this
Case
I
remain
Patron
,
because
the
Election
is
in
me
,
which
of
the
parties
named
shall
be
presented
,
and
have
the
Benefice
,
Doder
.
pa.
65.
14
E.
4.
2.
b.
Smith
and
Clayton's
Case
,
32
H.
8.
48.
And
if
one
have
the
Nomination
,
Where
a
Title
of
Presentation
accrews
to
the
King
,
it
shall
prejudice
the
Nominator
.
and
another
the
Presentation
;
if
such
Right
of
Presentation
accrue
to
the
King
,
this
shall
not
prejudice
the
Inheritance
of
him
that
hath
the
Nomination
,
but
he
shall
Nominate
to
the
Chancellor
still
,
who
in
the
name
of
the
King
,
shall
present
to
the
Ordinary
,
and
if
the
King
present
without
any
such
Nomination
,
the
Nominator
shall
bring
his
Quare
Impedit
against
the
Incumbent
only
,
because
the
King
cannot
be
termed
an
Usurper
,
Doder
.
pa.
69.
Where
an
Incumbent
is
made
Bishop
,
the
King
shall
present
.
If
the
King
create
a
common
Person
,
who
is
Incumbent
on
a
Living
:
Bishop
,
then
the
King
shall
have
the
Presentation
of
that
Living
hac
vic●
and
not
the
Patron
,
though
the
Law
formerly
hath
been
otherwise
taken
and
if
a
Church
be
void
,
to
which
th●
Bishop
hath
Title
to
present
as
Patron●
in
respect
of
his
Temporalties
,
if
h●
dye
before
Presentment
,
the
King
shal●
have
the
Presentation
,
by
reason
●●
the
Temporalties
,
and
not
the
Executors
of
the
Bishop
;
and
so
in
like
cas●
if
the
Church
become
void
after
th●
Bishop's
Death
,
and
before
the
seizu●
of
the
Temporalties
,
yet
the
King
shal●
have
the
Presentment
,
50
E.
3.
26.
9
H.
6.
16.
b.
admit
.
24
E.
3.
26.
b.
12
E.
3.
Quare
Impedit
,
56.
21
E.
3.
6.
b.
29
E.
3.44
.
24
E.
3.
30.
adjudg
.
Roll's
Cases
,
2
part
,
f.
343.
C.
3
,
4
D.
5.
345
E.
4.
&
366
Z.
2.
&
vide
P.
37
Eliz.
Rot.
1427.
Wright's
Case
,
M.
Rep.
f.
399.
pl.
522.
and
see
Cro.
Jac.
f.
692.
In
what
Cases
the
King
may
present
,
where
a
Bishop
is
Patron
.
If
the
Church
of
the
Patronage
of
a
Bishop
,
Abbot
,
or
Prior
be
void
,
and
the
Bishop
,
&c.
present
,
and
after
dye
before
Institution
,
the
King
by
his
Prerogative
may
present
to
the
said
Church
,
and
if
the
Bishop
live
till
Institution
,
and
dye
before
Induction
,
in
this
case
also
the
King
may
present
by
his
Prerogative
,
Liber
.
Par.
21
E.
1.
the
Prior
of
Bermundsie's
Case
,
adjudged
in
Parliament
,
F.
N.
B.
34
K.
38
E.
3
,
4.
Roll's
Cases
,
2
part
,
f.
345
E.
6.
&
vide
Savill's
Rep.
f.
119.
Where
a
Bishop
helds
a
Living
in
Commendam
,
the
Patron
shall
present
after
his
Death
.
Although
the
King
by
his
Prerogative
shall
have
the
presentment
where
the
Incumbent
is
made
Bishop
,
yet
if
the
King
grant
to
the
said
Incumbent
,
before
he
is
created
Bishop
,
a
dispensation
to
retain
the
said
Benefice
with
his
Bishoprick
,
and
afterwards
he
is
created
Bishop
,
and
dies
Incumbent
:
in
this
Case
the
King
shall
not
then
present
by
his
Prerogative
,
but
the
Patron
shall
present
,
because
the
Church
is
not
void
by
reason
of
being
made
Bishop
,
but
by
death
of
the
Incumbent
,
in
which
the
Prerogative
hath
no
place
.
Co.
Entr.
474.
Hele's
Case
,
Roll's
Cases
2
part
f.
343.
D.
2.
or
if
the
Bishop
resign
his
Living
it
is
the
same
,
vide
p.
6.
Eliz.
C.
B.
Sir
Henry
Sydny's
Case
,
Dyer
f.
228.
pl.
48.
Hob.
Rep.
f.
157.
and
p.
19.
Car.
1.
C.
B.
Edes
and
Bishop
of
Hereford's
Case
,
Vaugh.
Rep.
f.
18.
A
Composition
to
present
,
not
binding
to
the
King
.
If
during
the
vacancy
of
the
Arch-Bishop
of
York
,
and
his
Temporalties
being
in
the
King's
hands
,
the
Deanry
become
void
,
the
King
shall
present
to
it
,
although
that
by
Composition
between
the
Arch-Bishop
and
the
Chapter
,
the
Chapter
is
to
chuse
one
of
Right
,
the
Patronage
belonging
to
the
Arch-Bishop
;
and
the
composition
shall
not
binde
the
King
who
comes
in
paramount
as
supream
Patron
.
17
E.
3.
40.
adjudg
.
Roll's
Cases
,
2
part
f.
343.
C.
6.
What
shall
serve
for
a
turn
.
If
two
men
have
Title
to
present
by
Turn
,
and
one
of
them
presents
and
his
Clerk
is
Admitted
,
Instituted
,
&c.
and
afterwards
he
is
deprived
for
Crime
or
Heresie
,
or
other
cause
,
yet
he
shall
not
present
again
,
but
this
shall
serve
for
his
turn
;
so
if
he
be
meer
Laicus
or
Illiterate
who
is
presented
,
admitted
and
Instituted
,
&c.
although
it
be
declared
by
Sentence
that
he
was
Incapable
ab
Initio
,
yet
because
the
Church
was
full
till
Sentence
declaratory
came
,
he
being
Parson
de
facto
,
although
this
deprivation
relate
to
some
purposes
,
yet
it
shall
serve
for
his
turn
,
Co.
Rep.
6.
Lib.
f.
102.
a.
Roll's
Cases
,
2
part
▪
f.
347
K.
2
,
3
,
348
L.
6.
7
Hob.
Rep.
f.
148.
149.
&
vide
M.
12.
13
Eliz.
Dyer
,
f.
292.
b.
Where
a
turn
shall
be
lost
.
If
two
Men
present
by
turn
,
and
the
first
presents
his
Clerk
,
who
is
Admitted
,
Instituted
and
Inducted
,
and
afterwards
the
Church
becomes
void
,
then
the
other
presents
in
his
turn
,
whose
Clerk
is
also
admitted
,
&c.
and
afterwards
deprived
,
after
which
,
the
the
Bishop
without
giving
notice
Collates
,
he
who
ought
to
have
this
turn
,
and
might
remove
the
Bishop's
Clerk
,
grants
away
the
Advowson
,
then
the
Bishop's
Clerk
dies
,
in
this
Case
,
the
Grantee
of
the
Advowson
cannot
present
this
turn
,
for
the
Collation
of
the
Bishop
hath
prevented
him
,
although
it
were
without
notice
,
and
so
Tortious
,
and
though
the
granter
might
have
outed
the
Bishop's
Clerk
,
by
a
Quare
Impedit
,
yet
it
is
but
a
thing
in
action
,
and
when
he
hath
granted
the
Advowson
over
,
the
Grantee
cannot
have
this
thing
in
action
,
nor
the
granter
cannot
have
it
,
so
as
none
can
now
have
it
,
but
it
shall
serve
for
a
Presentation
as
in
his
turn
for
this
time
,
and
the
other
,
whose
Clerk
was
deprived
,
shall
present
again
;
M.
42
,
43
Eliz.
C.
B.
Leak
and
Bishop
of
Coventry
,
and
Babington's
Case
,
Cro.
Eliz.
f.
811
pl.
17.
And
if
two
have
right
to
present
,
Where
two
having
right
,
they
ought
to
joyn
in
a
Quare
Impedit
.
and
the
Church
becomes
void
,
and
then
one
of
them
releaseth
to
the
other
this
release
is
void
,
and
they
ought
to
joyn
in
a
Quare
Impedit
,
M.
30
,
31
Eliz.
C.
B.
Brookesby
,
and
Wickham
,
and
Bishop
of
Lincoln's
Case
,
Leon.
Rep.
1
part
,
f.
167.
pl.
237.
If
two
Copartners
be
of
an
Advowson
,
Grantees
of
Copartners
,
are
in
like
case
as
they
who
granted
,
&c.
and
they
severally
grant
their
parts
to
two
several
Men
,
the
advantage
that
was
between
the
Partners
,
doth
hold
place
between
the
Grantees
,
so
that
the
first
presentment
shall
go
to
the
Grantee
of
the
Eldest
,
and
the
next
to
the
other
,
and
an
Usurpation
of
the
one
shall
not
put
the
other
out
of
Possession
;
but
if
they
were
meer
Tennants
in
Common
,
and
did
not
derive
their
Estates
from
Copartners
,
the
Book
saith
,
perhaps
it
might
be
otherwise
,
P.
25
Eliz.
C.
B.
Harris
and
Haye's
,
against
Nichols
,
Cro.
Eliz.
f.
18
pl.
6.
What
shall
serve
for
a
turn
.
A.
who
hath
one
turn
presents
B.
who
is
Admitted
,
Instituted
and
Inducted
,
and
afterwards
is
deprived
by
sentence
,
upon
which
C.
who
hath
the
second
turn
,
presents
D.
who
is
●dmitted
,
&c.
and
afterward
he
is
deprived
also
,
and
the
first
sentence
is
repealed
,
and
B.
is
restored
to
the
Living
again
;
and
afterwards
D.
the
second
Incumbent
dyes
,
and
then
after
that
,
B.
dyes
also
,
hereupon
C.
presents
again
as
in
his
turn
,
for
though
his
Presentee
were
Parson
for
the
time
to
all
purposes
,
during
the
deprivation
of
B.
yet
when
the
second
sentence
comes
,
and
B.
is
restored
,
then
he
is
Incumbent
,
by
virtue
of
his
first
Presentation
,
Institution
and
Induction
,
and
needs
no
new
Institution
,
and
so
after
his
Death
,
C.
may
present
again
as
in
his
turn
,
but
if
B.
had
dyed
before
he
had
been
restored
,
or
had
not
reversed
the
sentence
of
deprivation
against
him
,
then
it
had
been
otherwise
,
and
C.
should
not
have
presented
again
as
in
his
turn
,
P.
41
Eliz.
B.
R.
Rot.
513.
Windsor
,
and
Archbishop
of
Canterbury
,
and
Fletcher's
Case
,
Co.
Rep.
5
Lib.
f.
102.
and
see
Cro.
Eliz.
f.
686.
pl.
22.
Roll's
Cases
,
2
part
,
f.
347
K.
4
,
5.
&
M.
Rep
▪
f.
558.
pl.
760.
But
when
the
Admission
and
Institution
are
meerly
void
,
then
without
When
Admission
,
&c.
i●
voi●
,
it
serves
not
for
a
turn
.
question
it
shall
not
serve
for
one
turn
,
as
if
the
Presentee
have
Institution
and
Induction
,
but
did
not
Subscribe
to
the
Articles
of
Religion
,
according
to
the
Statute
of
13
Eliz.
by
which
the
Admission
,
Institution
and
Induction
are
void
;
this
shall
not
serve
for
a
turn
,
because
the
Admission
,
Institution
and
Induction
are
meerly
void
by
the
Statute
,
Co.
Rep.
5
part
,
f.
102
b.
Roll's
Cases
,
2
part
,
f.
347
K.
6.
and
if
a
Woman
be
Presented
,
Instituted
and
Inducted
,
this
is
a
meer
Nullity
,
because
her
Incapacity
is
apparent
,
Roll's
Cases
,
2
part
,
f.
348
L.
8.
Hob.
Rep.
f.
149.
Three
Grantees
,
two
of
them
may
present
the
third
.
If
a
grant
of
the
next
avoidance
be
made
to
three
,
and
afterwards
the
Church
becomes
void
,
and
two
of
the
three
present
the
third
Grantee
being
a
Clerk
,
this
is
a
good
presentment
,
and
the
Bishop
ought
not
to
refuse
him
,
although
all
the
three
were
joyntenants
of
it
by
grant
,
and
only
two
of
them
joyn
in
the
presentment
,
because
the
third
Person
cannot
present
himself
,
but
if
one
of
the
three
only
had
presented
the
third
Person
,
the
Bishop
might
peradventure
,
have
refused
him
;
as
it
is
said
in
Dyer
,
f.
304
b.
14
H.
8.
2.
21
Eliz.
4.
66.
a.
but
in
Moor
it
is
held
and
adjudged
,
that
if
one
of
them
had
presented
the
third
Person
,
it
is
good
enough
,
Tr.
31
H.
8
Rot.
348
Sr.
Godfrey
Foliamb's
Case
,
M.
Rep.
f.
4.
pl.
14.
and
Bendl.
Rep.
f.
34
Institution
makes
the
Church
full
against
all
Persons
,
but
the
King
.
Where
a
Church
is
Presentative
,
the
Church
is
full
by
Admission
and
Institution
against
any
Common
Person
,
but
not
against
the
King
,
unless
the
Clerk
be
Inducted
,
and
that
is
the
reason
that
regularly
,
Plenarty
shall
be
tryed
by
the
Bishop
,
because
the
Church
is
full
by
Institution
,
which
is
a
Spiritual
Act
,
but
void
or
not
void
,
shall
be
tryed
by
the
Common
Law
,
24
E.
3.
30.
25
E.
3.
47.
38
E.
3.
9.
9
H.
6.
31.
22
H.
6.
27
Co.
Lit.
f.
119
b.
344.
a.
Roll's
Rep.
1
part
,
f.
191
Co.
Rep.
6
Lib.
f.
49.
a.
If
a
Man
present
his
Clerk
to
the
A
Man
may
vary
from
his
first
Presentation
.
Bishop
,
yet
he
may
present
another
before
the
Bishop
hath
received
the
first
,
and
the
Bishop
may
admit
which
of
them
he
pleaseth
,
but
where
an
Incumbent
of
a
Church
is
deprivable
,
yet
the
Patron
nor
the
King
himself
cannot
present
before
the
party
be
deprived
,
because
the
Church
is
not
void
till
then
,
38
E.
3.
36
b.
Roll's
Cases
,
2
part
,
f.
349
O.
2
P.
1
,
2.
&
353
T.
5.
14
E.
3
,
2
b.
Institution
makes
the
Church
full
.
If
I.
S.
present
his
Clerk
,
who
is
Admitted
and
Instituted
,
by
this
the
Church
is
full
against
a
Common
Person
,
for
by
the
Institution
he
hath
curam
animarum
,
but
if
the
King
have
right
to
present
,
it
is
not
full
against
him
before
Induction
of
the
Presentee
;
but
if
the
King
have
no
right
to
the
Church
,
then
it
shall
be
full
against
him
also
by
Admission
and
Institution
,
P.
13
Jac.
Hitching
and
Glover's
Case
,
Roll's
Rep.
1
part
,
f.
191.
and
227
Cro.
Jac.
f.
463
pl.
11.
&
vide
,
M.
4
,
5
Eliz.
Dyer
.
f.
217
b.
pl.
62.
22
H.
6.
27.
a.
38
E.
3
,
4
Co.
Kep.
4
Lib.
f.
79.
a.
6
Lib.
f.
49.
a.
11
H.
4.
9.
Davis
Rep.
f.
82.
Roll's
Cases
,
2
part
,
f.
349
Q.
1
,
2
,
3.
33
H.
6.
24.
21
E.
4.
34
b.
When
a
Man
Usurps
upon
the
King
,
Presentment
by
Vsurpation
,
where
it
binds
the
King
.
and
his
Clerk
is
Instituted
and
Inducted
,
although
by
this
the
Patronage
is
not
out
of
the
King
,
but
the
King
may
remove
the
Incumbent
by
a
Quare
Impedit
,
though
there
have
been
a
double
and
treble
Usurpation
,
yet
till
the
Incumbent
be
removed
,
who
is
Parson
de
facto
,
though
not
de
jure
,
the
Church
is
full
against
the
King
,
so
that
he
cannot
present
any
other
to
the
Church
during
this
time
,
for
by
the
Usurpation
,
the
presentment
hac
vice
is
out
of
the
King
,
neither
can
the
King
before
the
Clerk
be
removed
,
present
the
same
Clerk
who
is
in
by
Usurpation
,
for
it
cannot
enure
as
a
surrender
or
new
presentment
,
and
so
are
all
the
Books
which
seem
to
differ
in
this
point
to
be
intended
,
as
4
E.
3
Quare
Impedit
,
33.
18
E.
3.
16.
43
E.
3.
14.
47
E.
4.
1.
H.
7.
19
Bro.
Quare
Impedit
,
39
Dyer
,
f.
351.
a.
for
thus
it
was
adjudged
in
point
,
as
my
Lord
Cook
reports
it
,
in
P.
25
Eliz.
C.
B.
Pescod
and
Yardlie's
Case
,
Co.
Rep.
6
Lib.
f.
30.
a.
M.
Rep.
f.
338
pl.
457.
&
Rep.
1
part
,
f.
81
pl.
147.
and
Owen's
Rep.
f.
43.
the
same
Case
,
vide
,
P.
13
Jac.
B.
R.
the
King
against
the
Bishop
of
Norwich
,
Cole
and
Saker
,
Cro.
Jac.
f.
385
pl.
16.
and
Roll's
Rep.
1
part
,
f.
235.
pl.
7
Co.
Lit.
f.
344
b.
Tr.
4
Jac.
B.
R.
the
King
and
Champion's
Case
,
Cro.
Jac.
f.
123
pl.
8.
Godbolt's
Rep.
f.
263.
pl.
362
Co.
2
part
,
Inst.
f.
358.
Roll's
Cases
,
2
part
,
f.
349
Q.
4
,
5.
&
372
I.
8
Co.
Rep.
6
Lib.
f.
49
b.
in
fine
.
If
one
recover
in
a
Quare
Impedit
against
an
Incumbent
,
the
Incumbent
After
recovery
in
a
Quare
Impedit
,
the
Patron
may
present
without
removal
.
is
so
removed
by
the
judgment
upon
the
Quare
Impedit
,
that
the
Recoverer
may
present
to
the
Church
,
without
any
other
removing
of
the
Incumbent
,
although
he
continue
Incumbent
de
facto
,
till
the
Recoverer
do
present
;
but
a
stranger
to
the
recovery
cannot
present
till
the
Incumbent
be
removed
,
note
the
diversity
M.
12
Jac.
B.
R.
Whistler
and
Singleton's
Ca.
Ro.
Rep.
1
part
,
f.
62
pl.
6.
and
see
f.
213.
and
M.
13
Jac.
Fairbank
and
Durham's
Ca.
f.
242
H.
14
Eliz.
B.
R.
Bennet
and
Edward's
Ca.
M.
Rep.
f.
571
pl.
784.
Boulstr
.
Rep.
3
part
,
f.
38.
and
Roll's
Cases
,
2
part
,
f.
350.
Collation
be
Lapse
without
good
Title
,
puts
not
the
Patron
out
of
Possession
.
If
the
Bishop
Collate
without
good
Title
of
Lapse
,
this
doth
not
put
the
Patron
out
of
Possession
,
but
he
may
present
afterwards
,
although
the
Bishop's
Clerk
be
Inducted
,
for
it
shall
be
taken
only
to
be
provisionally
made
for
Celebration
of
Divine
Service
,
untill
the
Patron
do
present
,
but
such
an
Usurpation
by
Collation
shall
take
away
the
right
of
Collation
that
is
in
another
Bishop
,
so
that
he
cannot
present
till
the
Incumbent
be
removed
,
17
Eliz.
3.
64
Co.
Lit.
f.
344
b.
30
Eliz.
B.
R.
Jorden's
Case
.
Collation
Tortious
where
.
A
Bishop
Collates
without
good
Title
,
either
of
Lapse
or
otherwise
,
and
afterwards
the
Patron
dies
,
and
then
the
six
Months
pass
,
and
the
Executors
bring
a
Quare
Impedit
,
by
virtue
of
the
stat.
4
E.
3
cap.
5.
and
the
Bishop
and
Incumbent
plead
Plenarty
for
six
Months
,
and
upon
demurrer
,
this
was
adjudged
no
Plea
,
because
such
Collation
is
no
Plenarty
,
being
Tortious
,
M.
32
,
33
Eliz.
C.
B.
Smalwood
,
and
other
Executors
of
Sale
,
against
the
Bishop
of
Coventry
and
Litchfield
,
Cro.
Eliz.
f.
207
pl.
1.
Roll's
Cases
,
2
part
f.
350.
If
the
King
present
ratione
Lapsus
,
Where
the
King
is
deceived
in
his
Presentment
,
it
puts
not
the
Patron
out
of
Possession
,
&c.
where
he
hath
no
Title
to
present
by
Lapse
or
otherwise
,
and
upon
this
,
the
Ordinary
Admits
,
Institutes
and
Inducts
the
Clerk
,
yet
this
does
not
put
the
right
Patron
to
his
Quare
Impedit
,
but
he
may
present
,
for
the
Presentment
was
void
,
the
King
being
deceived
,
and
so
the
Institution
and
Induction
without
any
Presentment
;
and
if
the
King
present
ratione
Lapsus
,
where
he
hath
Title
,
pleno
jure
,
and
so
mistakes
his
Title
;
in
this
Case
,
although
the
Clerk
be
Instituted
and
Inducted
,
yet
this
doth
not
put
the
King
to
his
Quare
Impedit
,
for
the
Presentment
is
void
,
and
so
the
King
is
not
out
of
Possession
,
but
may
present
before
removal
of
such
Clerk
.
Also
if
the
King
repeal
his
Presentation
before
Induction
of
the
Clerk
,
and
give
notice
thereof
to
the
Ordinary
,
who
notwithstanding
afterwards
Institutes
and
Inducts
him
;
yet
the
King
may
present
another
,
for
the
Church
is
not
full
,
because
it
is
no
Presentation
;
and
in
such
Cases
,
where
the
King
repeals
his
Presentation
,
though
he
give
no
notice
to
the
Ordinary
,
yet
if
the
Ordinary
after
such
repeal
Institutes
and
Inducts
,
it
is
void
,
and
if
the
King
presents
A.
and
upon
refusal
of
him
,
brings
a
Quare
Impedit
,
and
pending
the
same
,
B.
procures
a
Presentment
of
the
King
for
himself
in
deceit
of
the
King
,
and
upon
this
,
is
Instituted
and
Inducted
by
the
Ordinary
,
yet
this
doth
not
put
the
King
out
of
Possession
,
because
the
Presentment
is
void
,
and
so
the
King
may
present
before
the
removal
of
B.
by
Quare
Impedit
;
if
a
Man
present
in
time
of
War
,
and
the
Presentee
is
Instituted
and
Inducted
in
time
of
Peace
,
this
doth
not
put
the
Patron
to
his
Quare
Impedit
,
but
he
may
present
,
for
this
is
but
as
in
Institution
and
Induction
without
a
Presentation
,
Roll's
Cases
,
2
part
,
f.
350.
in
fine
,
351.
353
S.
6
T.
1.
354
V.
3.
5.
Co.
Rep.
6
Lib.
f.
29
b.
25
Eliz.
3.
47
Dyer
,
f.
292.
a.
pl.
70.
&
330
b.
Vaugh.
Rep.
f.
14.
Roll's
Rep.
1
part
,
f.
236.
F.
N.
B.
34
C.
271
D.
Co.
Lit.
f.
344
b.
&
vide
,
M.
15
,
16
Eliz.
Waller
and
Scott's
Case
,
And:
Rep.
1
part
,
f.
38
pl.
99.
If
the
King
's
Presentee
dye
before
Induction
,
he
may
present
again
.
It
is
said
in
Co.
9
Rep.
and
admitted
in
Dyer
,
360.
that
if
the
Presentee
of
the
King
dye
after
Institution
and
before
Induction
,
yet
in
this
Case
the
King
may
present
again
,
because
he
had
not
the
effect
of
his
Presentation
,
Co.
Rep.
9
Lib.
f.
132.
and
Dyer
,
f.
360.
b.
pl.
7
vide
Roll's
Cases
,
2
part
,
f.
353
T.
3354
V.
4
Tr.
32
Eliz.
C.
B.
Wright
,
and
the
Bishop
of
Norwich
Case
,
Leon.
Rep.
1
part
,
f.
156
pl.
218.
If
the
King
present
to
a
Benefice
,
What
is
a
Revocation
of
the
King's
Presentation
.
and
dye
before
his
Clerk
is
Admitted
and
Instituted
,
the
Presentation
is
revoked
in
Law
by
his
Death
;
and
if
the
King
first
present
one
Man
,
and
then
another
without
any
Revocation
of
the
first
,
or
mention
made
of
it
,
yet
this
is
a
Revocation
in
Law
of
the
first
Presentation
,
if
the
second
be
not
obtained
by
fraud
in
deceit
of
the
King
pending
a
Quare
Impedit
,
M.
8
Jac.
in
Sccar
.
inter
Calvert
and
Kitchin
,
Roll's
Cases
,
2
part
,
f.
354
V.
1.
2
,
3
M.
8
Jac.
C.
B.
Waller's
Case
,
Godb.
Rep.
p.
179
pl.
25
Co.
Rep.
6
Lib.
f.
29
b.
&
vide
M.
15
,
&
16
Eliz.
372
b.
&
H.
17
Eliz.
Dyer
,
339
b.
pl.
47.
Death
of
a
Patron
,
no
Revocation
of
his
Presentation
.
But
if
a
Common
Person
present
,
and
dye
before
Institution
,
this
is
no
Revocation
in
Law
of
the
Presentation
,
but
it
remains
still
in
its
force
,
and
if
the
Executors
,
after
the
Testator's
Death
,
should
present
another
,
yet
the
Bishop
is
not
chargeable
to
admit
any
other
,
but
him
that
was
first
presented
,
Savil's
Rep.
f.
95.
44
Eliz.
3.
30.
Roll's
Cases
,
2
part
,
f.
354
V.
6.
Where
Vsurpation
shall
prejudice
the
King
.
If
the
●●ing
have
Title
to
present
ratione
Lapsus
,
and
the
Patron
usurps
upon
him
,
and
presents
one
who
is
admitted
,
&c.
and
dyeth
,
in
this
Case
the
King
hath
lost
his
Presentation
,
for
he
having
the
first
Presentation
he
shall
not
have
the
second
,
for
otherwise
the
King
may
suffer
Strangers
to
present
one
after
another
,
and
take
his
turn
when
he
pleaseth
,
and
by
that
means
,
the
Patron
shall
in
a
manner
be
disinherited
,
and
the
Statute
Praerogativa
Regis
,
nullum
tempus
accurrit
Regi
,
is
to
be
intended
where
the
King
hath
a
permanent
Title
,
and
not
Transitory
,
when
time
is
the
substance
of
his
Title
,
27
Eliz.
Baskervil's
Case
,
Co.
Rep.
7
Lib.
f.
28.
Owen's
Rep.
f.
5.
89.
90
Cro.
Eliz.
f.
790.
Where
the
King
shall
lose
his
Presentation
.
And
where
it
is
said
in
my
Lord
Hobbarts
Reports
to
be
his
Opinion
,
that
if
a
Church
Lapse
to
the
King
,
yet
if
the
Patron
presents
before
the
King
take
the
advantage
of
the
Lapse
,
the
King
shall
not
then
have
the
advantage
thereof
,
for
he
saith
it
is
not
fully
within
the
Rule
Nullum
tempus
occurrit
Regi
,
for
the
Patron
's
Title
continues
till
the
Lapse
Executed
,
Hob.
Rep.
f.
152
,
but
this
I
suppose
is
to
be
intended
where
the
Presentee
of
the
Patron
by
Usurpation
upon
the
King
dyes
before
the
King
present
,
as
it
is
in
the
Case
before
,
for
otherwise
there
are
Divers
Authorities
against
my
Lord
Hobbarts
Opinion
,
27
E.
3.
84
b.
Roll's
Cases
,
2
part
,
368
B.
2
,
3
,
4
Tr.
10
Eliz.
Dyer
,
f.
277.
pl.
55.
Co.
Rep.
7
Lib.
f.
28.
&
H.
6
Jac.
B.
R.
Cumber
,
and
the
Bishop
of
Chichester's
Case
,
Cro.
Jac.
f.
216
,
&
vide
Beverly
,
and
the
Archbishop
of
Canterbury
and
Cornwall's
Case
,
Cro.
Eliz.
f.
44.
Owen's
Rep.
f.
2.
Gold
.
Rep.
pa.
44
pl.
25.
Savil's
Rep.
f.
89
pl.
166.
Ander
.
Rep.
1
part
,
f.
148
pl.
196.
Leon.
Rep.
1
part
,
f.
63
pl.
84.
&
226
pl.
307.
Roll's
Cases
,
2
part
,
f.
351.
and
Bishop
of
Lincoln's
Case
,
Owen's
Rep.
f.
5.
89
,
&
90.
An
Ecclesiastical
Patron
cannot
vary
from
his
Presentation
.
An
Ecclesiastical
Patron
cannot
vary
from
his
presentment
quia
praesentatio
à
Clerico
Patrono
facta
vim
habet
Electionis
,
&
eligens
indignum
privatur
ipso
jure
,
31
Eliz.
1
Quare
Impedit
,
185.
neither
can
a
Common
Lay
Patron
by
our
Law
revoke
his
Presentation
,
H.
18
Eliz.
Dyer
.
f.
348.
a.
Roll's
Cases
,
2
part
,
f.
354.
If
the
Chancellor
present
when
he
ought
not
,
the
King
may
repeal
it
.
If
the
Chancellor
present
to
a
Benefice
,
supposing
it
to
be
under
value
when
it
is
not
,
and
hereupon
the
Presentee
is
Admitted
and
Instituted
,
and
before
Induction
the
King
being
made
acquainted
with
it
,
repeals
the
said
Presentation
,
and
presents
one
in
his
own
Name
,
this
is
a
good
repeal
,
for
that
it
appears
to
the
King
he
had
a
right
precedent
,
and
was
deceived
in
the
first
grant
,
Roll's
Cases
,
2
part
,
f.
353
T.
4.
What
are
good
causes
of
deprivation
.
If
a
Miscreant
or
Schismatick
be
presented
,
Admitted
,
and
Instituted
,
and
Inducted
,
it
is
a
good
cause
of
deprivation
,
5
R.
2
Tit.
Tryal
,
54.
so
if
he
be
Irreligious
,
he
may
be
refused
,
as
it
is
said
in
the
5
H.
7.
6.
but
where
he
is
charged
with
one
,
or
refused
for
another
,
it
ought
to
be
alledged
in
particular
what
the
cause
is
,
so
that
the
party
may
answer
to
it
,
as
in
the
5
H.
7.
19.
11.
H.
7.
7.
&
27.
as
that
the
Presentee
is
a
Villain
,
Bastard
,
under
age
,
not
infra
sacros
Ordines
,
or
Illiterate
,
&c.
or
as
in
the
15
H.
7.
7
b.
that
the
Patron
had
been
Excommunicate
for
forty
days
,
and
therefore
his
Presentee
ought
not
to
be
admitted
,
or
that
the
Presentee
had
committed
homicide
,
as
it
is
held
in
the
38
E.
3
,
2.
or
that
the
Presentee
is
Out-law'd
,
for
then
he
is
not
Idonea
Persona
,
or
one
who
is
meer
Laicus
,
M.
12
,
13
Eliz.
Dyer
,
f.
292
b.
in
a
Quare
Impedit
if
the
Bishop
return
that
at
the
time
of
the
Presentation
,
the
Presentee
was
a
common
haunter
of
Taverns
and
other
places
,
and
a
player
at
unlawfull
and
prohibited
Games
,
ob
quod
&
diversa
alia
crimina
le
dit
Presentee
fuit
criminosus
&
non
Idoneus
,
it
was
adjudged
,
that
these
particular
defects
did
not
make
the
Presentee
criminosus
,
because
they
are
not
mala
in
se
,
but
mala
prohibita
,
and
the
other
words
,
quod
ob
diversa
alia
crimina
,
he
was
criminosus
,
&
non
Idoneus
,
were
too
general
and
uncertain
,
vide
H.
32
Eliz.
B.
R.
in
Specot's
Case
,
Co.
Rep.
5
Lib.
f.
58.
a.
Leon.
Rep.
3
part
,
f.
198
pl.
251.
An.
Rep
1
part
.
f.
189.
pl.
225
Roll's
Cases
,
2
part
,
f.
355
Y.
1
Z.
1
if
a
Parson
be
convicted
of
Homicide
,
it
is
good
cause
of
deprivation
,
Tr.
15
Jac.
B.
R.
Searl's
Case
,
Cro.
Jac.
f.
430
pl.
10
Hob.
Rep.
f.
121.
Hughgr
.
Abr.
1
part
.
f.
633
Ca.
3.
634
Ca.
5.
635
Ca.
12.
Causes
of
deprivation
are
good
causes
of
refusal
of
a
Presentee
.
All
such
causes
as
are
sufficient
causes
to
deprive
an
Incumbent
,
are
sufficient
to
refuse
a
Presentee
;
it
is
no
cause
to
refuse
a
Presentee
because
he
hath
another
Benefice
,
for
that
is
at
his
own
Peril
,
and
peradventure
the
second
Benifice
is
better
than
the
first
,
and
the
first
shall
be
only
void
,
and
therefore
it
would
be
mischievous
to
the
Presentee
if
he
should
be
refused
for
that
cause
,
if
the
Bishop
once
refuse
the
Presentee
,
he
cannot
afterwards
accept
him
,
P.
26
Eliz.
C.
B.
Bishop
of
Hereford's
Case
,
Cro.
Eliz.
f.
27
pl.
10.
&
vide
Co.
Rep.
5
Lib.
f.
58.
b.
14
H.
7.
28.
b.
Roll's
Case
,
2
part
,
f.
355
Z.
2
,
3.
A
Church
being
void
,
upon
the
What
shall
pass
by
a
gram
,
of
proximam
advocationem
.
stat.
21
H.
8.
for
taking
a
second
Benefice
of
eight
pounds
value
without
qualification
,
the
Patron
thereupon
grants
to
one
,
primam
&
proximam
advocationem
dictae
Ecclesiae
,
cum
primo
&
proximo
vacare
contigerit
,
by
virtue
whereof
the
Grantee
presents
to
the
said
Church
,
and
being
disturbed
,
brought
his
Quare
Impedit
,
and
it
was
holden
that
the
present
avoidance
did
not
pass
by
the
said
grant
,
for
the
avoidance
being
before
the
said
grant
it
cannot
be
said
to
be
prima
&
proxima
post
donum
&
concess.
praedictt
,
&c.
P.
2
,
3.
P.
M.
Agard
,
and
the
Bishop
of
Peterborough
,
and
Denton's
Case
,
Dyer
,
f.
129.
b.
&
vide
,
P.
11
Eliz.
Dyer
,
f.
283.
a.
28
H.
8.
26.
b.
It
is
good
cause
of
refusal
of
a
Presentee
,
Simony
,
good
cause
of
deprivation
.
for
that
he
is
Simoniacus
,
in
the
same
Presentment
to
wit
hath
made
a
corrupt
contract
to
be
presented
,
or
that
he
is
Simoniacus
to
another
Benefice
,
besides
this
he
is
presented
to
,
also
if
a
Parson
doe
or
suffer
Dilapidations
,
he
is
deprivable
.
Bishop
of
Salisbury's
Case
,
12
Jac.
B.
R.
Godb.
Rep.
pa.
259
pl.
357
Tr.
16
Jac.
Boughton
,
and
the
Bishop
of
Rochester's
Case
,
Roll's
Cases
,
2
part
,
f.
356.
Where
the
Ordinary
shall
be
no
disturber
.
If
the
Ordinary
Admit
and
Institute
the
Presentee
of
the
Chancellor
,
and
command
the
Archdeacon
to
Induct
him
,
and
afterwards
before
Induction
the
King
sends
an
Inhibition
reciting
that
the
Church
is
above
the
value
of
forty
pounds
per.
ann
.
and
so
belongs
not
to
the
Chancellor
to
present
,
and
commands
the
Ordinary
to
receive
A.
B.
his
Clerk
whom
he
presents
;
in
this
Case
,
if
the
Ordinary
d●
not
command
the
Archdeacon
not
t●
proceed
in
the
Induction
,
but
suffer
the
same
to
be
done
a
Month
afterwards
,
yet
he
shall
not
be
adjudged
disturber
,
for
there
is
no
default
in
him
but
if
the
Inhibition
had
come
to
th●
Ordinary
before
the
Warrant
made
t●
the
Archdeacon
,
if
he
had
made
●
Warrant
afterwards
,
by
which
he
ha●
been
Inducted
,
then
he
should
be
a
d●sturber
,
38
E.
3.
3
,
&
4.
Roll's
Case
▪
2
part
,
f.
356
A.
1
,
2.
If
the
Archbishop
Visit
his
Inferior
Bishop
,
and
Inhibits
him
,
during
the
The
Ordinarie's
power
suspended
,
during
Inhibition
.
Visitation
,
to
execute
any
Jurisdiction
,
if
the
Bishop
have
Title
to
Collate
to
a
Benefice
within
his
Diocess
by
Lapse
,
yet
he
cannot
during
the
Inhibition
Institute
his
Clerk
,
but
must
present
him
to
the
Archbishop
,
and
he
shall
Institute
him
;
because
during
the
Inhibition
his
power
of
Jurisdiction
is
suspended
,
Tr.
11
Car.
1.
B.
R.
Rot.
446.
Dodson
and
Lin's
Case
,
Cro.
Car.
f.
471.
&
Roll's
Cases
,
2
part
,
f.
357
C.
1.
367.
Z.
1.
After
Institution
,
a
Presentee
may
resign
where
a
common
Person
is
Patron
,
but
not
where
the
King
is
Patron
.
And
note
where
a
Parson
is
only
Admitted
and
Instituted
,
although
as
concerning
the
Spiritual
Function
,
he
be
a
Parson
before
Induction
,
yet
because
no
part
of
the
free-hold
of
the
Spiritual
Benefice
is
transferred
to
him
but
by
the
Induction
,
he
cannot
therefore
until
after
Induction
,
if
the
King
be
Patron
,
make
any
good
and
effectual
Resignation
,
vide
plo
.
Com.
526.
&
21
E.
3.
5.
a.
but
if
a
Subject
be
Patron
,
and
his
Presentee
be
admitted
,
such
Presentee
(
if
he
be
willing
to
leave
his
charge
)
may
before
Induction
resign
the
Church
,
for
the
Spiritual
Dignity
was
full
of
an
Incumbent
,
in
respect
of
his
Patron
,
and
because
also
there
is
no
other
means
to
clear
the
Church
of
him
,
but
by
such
Renunciation
;
Doderidge
,
pa
,
80
,
&
81.
Resignation
to
whom
to
be
made
.
The
Word
Resignare
is
not
the
proper
Word
in
Law
for
a
Resignation
,
but
Renunciare
,
cedere
&
demittere
,
are
the
usual
Words
of
Resignation
,
M.
12
,
&
13
Eliz.
Dyer
,
f.
292.
a.
Doder
.
pa.
79.
and
note
that
a
Resignation
ought
to
be
made
to
the
immediate
Ordinary
,
and
not
to
the
mediate
Ordinary
,
Roll's
Cases
,
2
part
,
f.
358
E.
1.
F.
1.
but
the
Incumbent
of
a
Donative
,
may
resign
to
his
Patron
,
because
it
is
of
the
Patron
's
Foundation
,
and
of
his
Visitation
and
Correction
,
and
the
Ordinary
hath
nothing
to
doe
with
him
;
P.
3
Jac.
Fairchild
and
Garie's
Case
,
M.
Rep.
f.
765
pl.
1062.
&
vide
Doder
.
pa.
81.
The
King
shall
present
where
an
Incumbent
is
made
Bishop
.
If
the
Incumbent
be
made
a
Bishop
,
the
Church
is
void
,
and
the
King
shall
present
to
it
by
his
Prerogative
,
and
so
it
is
of
a
Prebendary
,
and
it
the
Incumbent
be
created
Bishop
of
the
same
Diocess
where
he
was
Incumbent
,
the
Church
is
void
,
for
he
cannot
be
Sovereign
and
Subject
,
and
so
it
is
if
he
be
made
Bishop
of
another
Diocess
,
or
a
Bishop
in
Ireland
,
but
note
the
Church
is
not
void
till
Consecration
;
and
in
Case
,
where
the
King
grants
a
Licence
to
the
Bishop
,
to
hold
his
Living
in
Commendam
with
the
Bishoprick
,
if
the
Bishop
afterwards
dye
,
or
surrender
that
same
Living
,
then
the
Patron
,
and
not
the
King
,
shall
present
to
it
,
vide
,
7
H.
4.
25.
b.
11
H.
4.
37.
b.
24
E.
3.
26.
b.
Davis
Rep.
f.
69.
a.
and
see
M.
42
Eliz.
C.
B.
Sir
Robert
Basset
,
and
Gee's
Case
,
Cro.
Eliz.
f.
790
pl.
31
&
Tr.
3
Car.
I.
B.
R.
Evan's
and
Ascough's
Case
,
Jone's
Rep.
f.
58.
Noye's
Rep.
f.
93.
Latche's
Rep.
f.
32.
&
234.
19
E.
Tryal
,
57.
5
E.
3.
9.
11
E.
3.
1.
Vaugh.
Rep.
f.
22.
Wynch
.
Rep.
f.
98
,
99.
Woody
and
Bishop
of
Exeter
,
Cro.
Jac.
691.
Where
Lapse
shall
incur
without
notice
,
and
where
not
.
Before
the
stat.
21
H.
8.
cap.
13.
if
one
had
a
Benefice
with
cure
,
and
did
accept
another
Benefice
with
cure
,
the
first
became
void
,
but
this
avoidance
was
not
by
the
Common
Law
,
but
by
the
Constitution
of
the
Pope
,
of
which
avoidance
the
Patron
might
take
notice
if
he
pleased
,
and
might
present
without
any
deprivation
;
but
because
the
avoidance
did
accrew
by
the
Ecclesiastical
Law
,
no
Lapse
did
incur
without
notice
,
as
it
is
upon
deprivation
or
Resignation
;
and
yet
the
Patron
may
present
and
take
notice
of
it
,
if
he
please
,
and
according
to
this
diversity
,
it
is
adjudged
,
H.
24
E.
3.
f.
33.
in
the
King
,
and
the
Bishop
of
Worcester's
Case
,
and
with
this
agree
the
Books
in
the
9
E.
3.
22.
a.
10
E.
3.
1.
14
,
H.
7.
28.
b.
14
H.
8.
17.
a
,
F.
N.
B.
34
L.
as
my
Lord
Cook
reports
in
his
4
Lib.
in
Holland's
Case
,
and
where
it
is
said
in
the
5
E.
3.
9.
&
11
H.
4.
37.
that
the
Church
is
not
void
without
deprivation
,
this
is
to
be
interpreted
,
that
it
shall
not
be
void
to
the
Patron
's
disadvantage
,
but
for
his
advantage
it
shall
,
as
it
is
shewed
before
,
and
so
all
the
Books
are
reconciled
:
So
it
appears
that
the
stat.
21
H.
8.
is
but
in
affirmance
of
the
Law
aforesaid
;
but
no●
because
it
is
affirmed
by
Act
of
Parliament
,
if
the
first
Benefice
be
of
th●
value
of
eight
Pounds
per
ann
.
the
Patron
at
his
Peril
,
to
prevent
a
Lapse
ought
to
present
to
it
,
because
to
a●
avoidance
by
Act
of
Parliament
,
eve●
one
is
party
,
and
ought
to
take
notic●
at
his
Peril
,
but
it
is
otherwise
if
th●
Church
be
not
of
the
yearly
value
o●
eight
pounds
,
for
then
it
is
void
meerly
by
the
Ecclesiastical
Law
,
of
which
the
Patron
is
not
bound
to
take
notice
at
his
Peril
as
aforesaid
,
see
Tr.
39
Eliz.
B.
R.
in
Holland's
Case
,
Co.
Rep.
4
Lib.
f.
75
,
b.
76.
a.
&
H.
41
Eliz.
B.
R.
in
Digby's
Case
,
f.
79.
b.
Davis
Rep.
69.
a.
M.
Rep.
f.
542.
pl.
719.
Roll's
Cases
,
2
part
,
f.
360
,
361.
L.
1
,
2
,
3
,
4.
Cro.
Car.
f.
357.
&
vide
Tr.
14
Car.
1
B.
R.
the
King
,
and
the
Bishop
of
London
,
and
Baldock's
Case
,
Jones
Rep.
f.
404.
and
see
f.
337
P.
7
Eliz.
Dyer
,
f.
237.
a.
pl.
29.
&
255.
a.
pl.
5.
If
an
Incumbent
be
deprivable
,
the
Church
is
full
till
deprivation
.
If
an
Incumbent
be
deprivable
,
yet
the
Church
is
not
void
before
deprivation
;
if
after
a
Caveat
entered
,
&c.
a
Clerk
is
Presented
,
Instituted
and
Inducted
,
although
this
be
accounted
Illegal
by
the
Canon
Law
,
yet
the
Church
by
this
is
full
,
according
to
our
Law
,
for
the
breach
of
the
Caveat
is
only
a
breach
of
the
Canon
,
and
makes
not
the
Institution
void
,
M.
15
Car.
1
inter
Phipps
&
Hayter
,
per
curiam
,
Roll's
Cases
,
2
part
,
f.
361
M.
2
,
3.
&
vide
Doder
.
pa.
74.
How
the
six
Months
for
Lapse
shall
be
accounted
.
The
six
Months
whereby
Lapse
is
Incurred
,
shall
be
accounted
from
the
time
of
the
last
Incumbent's
death
,
as
it
is
said
in
Catesbie's
Case
,
Co.
Rep.
6
Lib.
f.
62.
b.
and
the
six
Months
are
to
be
accounted
and
reckoned
according
to
the
Kalender
,
in
dividing
the
Year
into
days
,
to
wit
,
182
days
,
and
for
the
odd
day
in
the
Year
,
the
Law
doth
not
regard
it
,
Hol.
Rep.
f.
100.
Cro.
Jac.
f.
141.
&
f.
166.
pl.
6
Co.
2
part
,
Inst.
f.
361.
M.
4.
Jac.
C.
B.
Catesby
,
and
Bishop
of
Peterborough
,
and
Baker's
Case
,
Co.
Rep.
6
Lib.
f.
61.
b.
When
the
Patron
is
bound
to
take
notice
to
prevent
a
Lapse
,
and
when
not
.
If
the
Living
become
void
by
Death
,
Creation
or
Cession
of
the
last
Incumbent
,
then
the
Patron
is
bound
at
his
Peril
to
take
notice
to
present
within
six
Months
,
26
H.
6.
29.
b.
Dyer
.
f.
237.
a.
&
255.
a.
but
if
it
become
void
by
Deprivation
,
or
Resignation
,
then
he
may
present
within
six
Months
,
after
Legal
notice
given
to
him
by
the
Ordinary
,
Dyer
.
f.
327.
●
.
Doct.
&
Stud.
2
part
,
cap.
31.
Roll's
Cases
2
part
,
f.
364.
Who
is
to
give
notice
to
the
Patron
.
In
such
Cases
,
where
the
Patron
is
to
have
notice
before
the
Church
can
Lapse
,
he
ought
to
have
it
from
the
Bishop
himself
or
Ordinary
,
which
notice
must
be
given
personally
to
the
Patron
,
if
he
lives
in
the
same
County
,
and
if
he
live
in
another
County
,
the●
the
notice
may
be
published
in
the
Parish
Church
,
and
affixed
on
the
Church
door
,
and
this
notice
must
express
in
certain
the
cause
of
deprivation
,
&c.
Dyer
.
f.
328.
a.
Hill
.
18
Eliz.
Bacon
,
and
the
Bishop
of
Carlisle
,
and
Whitton's
Case
,
Dyer
.
f.
346.
a.
b.
and
note
it
is
there
said
,
that
the
Opinion
of
the
Civillians
was
,
that
such
notice
ought
to
be
vere
,
proprie
,
&
personaliter
,
&
non
ficte
,
see
M.
30
,
&
31
Eliz.
B.
R.
Albany
,
and
the
Bishop
of
S.
Asaph's
Case
,
Cro.
Eliz.
f
,
119.
&
Leon.
Rep.
1
part
,
f.
31.
pl.
39
Tr.
44
Eliz.
B.
R.
Green
and
Baker's
Case
,
Co.
Rep.
6
Lib.
f.
29.
vide
Hob.
Rep.
f.
318.
Hel.
Rep.
f.
7.
and
Roll's
Cases
,
2
part
,
f.
365.
T.
1
,
2.
The
Patron
after
Lapse
incurred
,
may
present
before
the
Bishop
Collate
In
all
Cases
where
the
Church
doth
Lapse
to
the
Bishop
or
Archbishop
,
and
the
Patron
doth
present
his
Clerk
before
the
Bishop
or
Archbishop
have
Collated
,
the
Bishop
,
&c.
is
bound
to
admit
the
Clerk
of
the
true
Patron
,
and
cannot
take
advantage
of
the
Lapse
;
but
if
the
Bishop
Collate
,
and
the
Patron
present
before
Induction
,
he
comes
then
too
late
,
13
E.
4.
f.
3.
b.
11
H.
4.
80.
a.
&
vide
Tr.
10
Eliz.
Dyer
.
f.
277.
a.
pl.
56.
Roll's
Cases
,
2
part
,
f.
367.
A.
1
,
2.
if
the
Bishop
Collate
wrongfully
,
and
the
Patron
dyes
,
the
Executors
may
bring
a
Quare
Impedit
to
remove
the
Clerk
,
Leon.
Rep.
4
part
,
f.
15.
pl.
53.
Lapse
shall
incurragainst
on
Infant
,
or
Feme
Covert
.
If
an
Infant
Patron
,
or
Feme
Covert
do
not
present
where
they
have
Title
,
within
six
Months
,
their
Churches
shall
Lapse
to
the
Ordinary
,
33
E.
●
.
Quare
Impedit
,
46.
Roll's
Cases
,
2
part
,
f.
367.
H.
1
,
2.
Where
Lapse
shall
incurr
without
notice
,
and
where
not
.
If
the
Ordinary
refuse
a
Clerk
because
he
is
Criminosus
or
Illiterate
,
in
this
Case
the
Patron
shall
not
have
six
Months
to
present
,
after
notice
given
,
but
from
the
avoidance
,
but
in
such
Case
no
Lapse
shall
accrew
,
unless
the
Patron
shall
have
notice
,
and
if
the
Clerk
be
refused
for
a
private
cause
,
o●
for
a
notorious
crime
,
as
that
he
is
●
common
Advowterer
,
or
a
Murdere●
,
yet
no
Lapse
shall
be
of
such
Church
without
notice
;
but
if
a
Spiritual
Patron
present
a
Clerk
who
is
refused
because
he
is
illiterate
,
in
such
Case
it
shall
Lapse
without
notice
,
because
th●
Law
supposeth
that
he
may
have
Cognizance
of
his
sufficiency
before
he
presents
him
,
vide
M.
15
,
&
16
Eliz.
Dyer
.
f.
327.
b.
pl.
7.
14
H.
7.
21.
a.
Rell.
f.
49
,
b.
50.
b.
38
E.
3.
2.
Roll's
Cases
,
2
part
,
f.
364
Q.
8
,
9
R.
1
,
2
,
3
,
4
,
5
▪
and
see
P.
12
Eliz
,
C.
B.
Bennyfield
and
Pickering's
Case
,
An.
Rep.
1.
part
f.
16.
pl.
34.
&
f.
62
,
63.
&
f.
30.
pl.
70.
From
what
time
the
six
Months
shall
▪
be
reckoned
.
If
a
Church
become
void
by
Deprivation
or
Resignation
,
the
six
Months
shall
be
reckoned
from
the
time
of
the
notice
given
to
the
Patron
,
and
not
from
the
avoidance
;
and
if
a
Resignation
be
made
to
the
Bishop
,
no
Lapse
accrews
without
notice
,
and
the
six
Months
to
be
reckoned
from
that
time
,
so
if
the
Bishop
dyes
who
takes
the
Resignation
,
yet
no
Lapse
shall
accrew
to
his
successor
or
without
notice
given
to
the
Patron
,
and
where
notice
ought
to
be
given
and
none
is
given
within
eighteen
Months
,
by
which
the
King
ought
to
have
presented
by
Lapse
,
if
notice
had
been
given
,
yet
in
this
Case
no
Lapse
shall
accrew
to
him
,
because
no
Lapse
shall
be
given
to
the
King
,
where
no
Title
of
Lapse
was
to
the
inferiour
Ordinary
,
because
the
King
comes
in
to
supply
his
default
,
1
H.
7.
9
Doct.
&
Stud.
2
Lib.
cap.
31.
5
E.
4.
3.
b.
Rell.
49.
b.
Dyer
.
f.
348.
a.
Roll's
Cases
,
2
part
,
f.
364
Q.
10.
365
R.
7
,
8
,
9
S.
1
,
2.
367
Z.
3.
&
vide
Tr.
24
Eliz.
C.
B.
the
Queen
,
and
Bishop
of
Lincoln
and
York's
Case
,
An.
Rep.
1
part
,
f.
62.
pl.
136.
In
a
Quare
Impedit
against
a
disturber
,
the
Bishop
not
being
named
in
the
How
a
Lapse
shall
be
prevented
when
the
Bishop
is
not
named
in
a
Quare
Impedit
.
Writ
,
if
the
Plaintiff
recover
within
the
six
Months
,
yet
if
the
six
Months
be
run
out
before
the
Writ
to
the
Bishop
taken
out
,
the
Lapse
shall
accrew
to
the
Ordinary
,
and
his
Clerk
shall
not
be
removed
,
if
he
Collate
before
recept
of
the
Writ
;
and
so
if
after
the
recovery
within
the
six
Months
,
the
Defendant
brings
a
Writ
of
Error
,
and
pending
that
the
six
Months
pass
,
the
Lapse
shall
accrew
to
the
Ordinary
,
but
if
the
Plaintiff
in
such
Case
brings
a
Quare
Incumbravit
against
the
Bishop
,
and
after
the
six
Months
pass
,
there
the
Lapse
shall
not
accrew
to
the
Ordinary
,
for
the
Quare
Incumbravit
prevents
it
,
17
E.
3.75.5
E.
1.
75.
Roll's
Cases
,
2
part
,
f.
366
V.
3
,
4
X.
2.
11
H.
4.
80.
Co.
Lit.
f.
344.
b.
&
vide
Cro.
Jac.
f.
93.
If
,
the
Ordinary
be
not
named
in
a
If
the
Bishop
be
named
in
a
Quare
Impedit
,
he
cannot
C●lla●●
by
Lapse
.
Quare
Impedit
,
he
may
Collate
by
Lapse
if
the
six
Months
incurr
Pendente
Lite
,
as
is
shewed
before
,
but
if
he
be
named
,
he
cannot
take
advantage
of
the
Lapse
,
but
ought
to
see
that
the
Clerk
be
served
,
by
allowance
out
of
the
profits
,
to
be
taken
by
Sequestration
,
and
as
he
is
bound
not
to
take
advantage
of
any
Lapse
,
so
is
also
the
Matropolitan
and
the
King
;
for
where
no
Lapse
incurrs
to
the
Ordinary
,
there
none
can
incurr
to
them
,
and
so
it
was
adjudged
in
one
Duke's
Case
,
as
my
Lord
Cook
said
,
and
it
was
said
by
Popham
,
that
the
course
to
stop
strangers
from
presenting
Pendente
Brevi
,
is
after
a
Quare
Impedit
brought
,
to
sue
out
a
Ne
Admittas
to
the
Bishop
,
and
if
the
Bishop
then
admit
the
Clerk
of
any
other
pending
that
suit
,
and
the
Plaintiff
recovers
,
he
shall
have
a
Quare
Incumbravit
,
and
thereby
remove
any
who
comes
in
pending
the
Writ
,
by
whatsoever
Title
he
comes
in
,
and
shall
force
him
who
hath
right
to
recover
by
Quare
Impedit
;
but
if
he
sues
not
out
such
a
Writ
of
Ne
Admittas
,
if
then
the
Incumbent
of
a
stranger
should
come
in
by
good
Title
,
Pendente
Brevi
,
he
shall
barr
him
in
a
Scire
Facias
,
and
shall
hold
it
,
and
note
that
this
Writ
of
Ne
Admittas
,
may
be
sued
out
either
by
the
Plaintiff
or
Defendant
in
the
Quare
Impedit
to
the
Bishop
,
vide
21
H.
6.
45.
2
E.
4.
11.
b.
F.
N.
B.
37.
F.
H.
&
38
B.
C.
48
I.
If
a
Man
do
recover
his
Presentation
in
the
Common
Pleas
against
the
Bishop
,
then
he
may
have
a
Writ
to
the
same
Bishop
to
admit
his
Clerk
,
or
unto
the
Metropolitan
,
and
after
that
,
he
may
have
an
Alias
&
Plures
,
and
so
an
Attachment
if
the
Bishop
do
not
execute
the
Writ
,
see
M.
3
Jac.
B.
R.
in
the
argument
of
Lancaster
and
Low's
Case
,
Cro.
Jac.
f.
93.
●f
a
Bishop
be
a
disturber
,
no
Lapse
shall
incurr
by
it
.
If
the
Bishop
be
a
disturber
,
no
Lapse
shall
be
by
this
disturbance
,
although
the
Church
be
void
six
Months
;
so
if
the
Patron
present
to
the
Bishop
,
and
he
will
not
examine
the
Clerk
,
but
delays
him
,
by
which
the
six
Months
pass
,
yet
no
Lapse
shall
accrew
to
the
Bishop
by
this
because
he
is
a
disturber
,
and
it
comes
by
his
own
act
,
Tr.
3
Jac.
B.
R.
inter
Palmer
&
Smith
,
Roll's
Cases
,
2
part
,
f.
366
V.
5
,
6.
&
369
E.
3
,
4.
Note
,
that
a
Church
Parochial
may
be
A
Church
Parochial
may
be
donative
,
&c.
donative
and
exempt
from
all
Ordinary
Jurisdiction
,
and
the
Incumbent
may
resign
to
the
Patron
,
and
not
to
the
Ordinary
,
unumquodque
eodem
modo
quo
Colligatum
est
dissolvitur
,
neither
can
the
Ordinary
visit
,
but
the
Patron
by
Commissioners
to
be
appointed
by
him
;
yet
a
meer
Laicus
is
not
presentable
to
such
●
donative
,
but
an
able
Clerk
,
infra
sacros
ordines
,
for
albeit
,
he
come
in
by
the
Donation
,
and
not
by
Admission
or
Institution
,
which
in
this
Case
is
not
requisite
,
yet
his
Function
is
spiritual
,
and
if
such
a
Clerk
donative
be
disturbed
,
the
Patron
shall
have
a
Quare
Impedit
of
this
Church
donative
,
and
so
it
is
of
a
Prebend
Chantry
Chapel
donative
and
the
like
;
and
no
Lapse
shall
incurr
to
the
Ordinary
,
unless
it
be
specially
provided
so
in
the
Foundation
;
but
if
the
Patron
of
such
a
donative
doth
once
present
to
the
Ordinary
,
and
his
Clerk
is
Admitted
and
Instituted
,
it
is
by
this
become
presentable
,
and
never
shall
be
donative
after
:
and
if
a
donative
become
void
,
and
a
stranger
presents
to
it
,
and
his
Clerk
is
Admitted
,
Instituted
and
Inducted
,
yet
this
is
no
Usurpation
to
the
true
Patron
,
but
all
this
is
meerly
void
,
H.
1
Jac.
B.
R.
inter
Fairchild
&
Gayer
,
Co.
Lit.
f.
344.
a.
Cro.
Jac.
f.
63.
pl.
1
H.
Rep.
f.
60
Brownl
.
Rep.
1
part
,
pa.
201.
F.
N.
B.
35
E.
An
Vsurpation
upon
a
Bishop
,
bind●
not
his
Successor
.
If
a
Bishop
suffer
an
Usurpation
of
a
Church
in
right
of
his
Bishoprick
,
this
shall
not
bind
his
successor
,
but
himself
only
during
his
own
time
,
and
the
successor
may
have
a
Quare
Impedit
,
or
present
to
the
next
turn
,
and
so
it
was
resolved
,
M.
21
Jac.
B.
R.
inter
Dalton
&
Pamphlin
,
and
the
Bishop
of
Ely
,
Cro.
Jac.
f.
673.
pl.
6.
Jone's
Rep.
f.
45.
&
Laye's
Rep.
f.
80.
In
what
Cases
Lapse
incurs
not
without
notice
.
When
the
Church
doth
become
void
by
Deprivation
or
Resignation
,
or
by
refusal
of
the
Presentee
,
for
Non
Ability
or
for
crime
,
in
such
Case
the
Bishop
ought
to
give
notice
thereof
to
the
Patron
,
otherwise
no
Lapse
incurrs
,
but
after
the
six
Months
past
,
the
Patron
may
have
a
Writ
to
the
Bishop
,
if
the
Church
remain
void
,
and
the
Bishop
hath
not
Collated
thereunto
,
F.
N.
B.
35
H.
I.
To
what
Benefices
of
the
King
's
,
the
Chancellor
shall
present
.
The
Chancellor
of
England
shall
present
to
all
the
King's
Churches
which
are
under
the
value
of
twenty
Marks
by
the
Year
,
which
are
in
the
King's
gift
,
and
in
the
right
of
the
Crown
,
but
if
the
King
have
them
by
any
other
Title
,
then
the
Chancellor
shall
not
present
unto
them
,
F.
N.
B.
35
R.
Note
,
that
the
Lord
Chancellor
presented
to
a
Benefice
which
belonged
to
the
King
,
which
was
above
value
,
and
in
this
Case
it
was
agreed
by
Hobbert
Chief
Justice
of
the
Common
Pleas
,
and
Tanfield
Chief
Barron
,
that
this
Presentation
remained
good
till
it
was
avoided
,
Parson
and
Morlee's
Case
,
Winch.
Rep.
f.
19.
To
whom
Lapse
shall
▪
incurr
.
Where
Lapse
incurrs
after
the
first
six
Months
to
the
Ordinary
or
Bishop
of
the
Diocess
,
if
he
present
not
within
six
Months
after
,
then
it
goes
to
the
Metropolitan
of
the
Province
,
and
if
he
present
not
within
other
six
Months
,
then
it
goes
to
the
King
as
Supream
Ordinary
of
all
Benefices
,
Doct.
&
Student
,
125.
Hughe's
gr.
Abr.
1
part
,
pa.
134.
Ca.
1.
How
many
ways
a
Church
may
become
void
Note
,
a
Church
Presentative
may
become
void
five
manner
of
ways
,
viz.
1
by
Death
,
2
by
Creation
,
3
by
Resignation
,
4
by
Deprivation
,
5
by
Cession
;
as
by
taking
a
Benefice
Incompatible
,
Co.
Lit.
f.
120.
a.
Doder
.
pa.
7.
If
a
Church
be
Litigious
,
as
where
two
Patrons
present
to
the
same
Church
When
the
Bishop
may
award
a
Jure
Patronatus
.
by
several
Titles
,
and
the
Bishop
knows
not
which
hath
the
very
true
and
rightful
Title
to
the
same
,
and
so
knows
not
which
Clerk
to
admit
with
safety
,
least
by
admitting
the
one
and
refusing
the
other
;
he
become
a
disturber
,
in
this
Case
the
Bishop
may
award
a
Jure
Patronatus
,
to
inquire
who
is
the
true
and
undoubted
Patron
,
and
who
ought
to
present
to
the
Church
for
that
turn
,
and
this
Writ
is
usually
obtained
at
the
Prayer
of
one
or
both
Parties
,
to
such
Commissioners
as
the
Bishop
thinks
good
to
name
,
who
send
their
Mandate
to
some
Officer
of
their
own
to
summon
a
Jury
,
who
are
to
be
one
half
Clerks
,
and
the
other
half
Lay-men
,
and
after
they
are
sworn
,
they
hear
the
Evidence
,
and
are
to
give
their
Verdict
to
the
Commissioners
,
but
the
Bishop
is
not
bound
to
award
this
Writ
ex
Officio
,
but
at
the
Prayer
of
the
parties
,
8
E.
4.
24.
b.
per
curiam
,
5
H.
7.
20.
b.
per
Reeble
,
22
H.
6.
30.
per
Mark
,
34
H.
6.
40.
35
H.
b.
19.
b.
&
vide
,
Rol●'s
Case
,
2
part
,
f.
384
P.
1
,
2
,
3
,
4
,
5
,
6
,
7
,
8
,
9
,
10
,
11
,
12.
&
P.
26
Eliz.
C.
B.
Gerrard's
Case
,
Leon.
Rep.
2
part
,
f.
168.
pl.
205.
Deg.
cap.
3.
But
note
the
Verdict
upon
this
Inquest
,
is
neither
binding
to
the
Bishop
,
The
Verdict
upon
a
Jure
Patronatus
not
binding
.
nor
the
parties
in
some
respects
,
for
the
Bishop
may
accept
the
Clerk
of
him
against
whom
the
Verdict
doth
pass
if
he
please
,
but
then
it
is
at
his
Peril
,
for
if
the
other
party
bring
a
Quare
Impedit
and
recover
,
then
the
Bishop
will
be
found
a
disturber
,
but
if
the
Bishop
admits
the
Clerk
of
him
for
whom
the
Verdict
is
given
,
then
if
the
other
bring
a
Quare
Impedit
and
recover
,
yet
if
the
Bishop
plead
this
special
matter
it
shall
excuse
him
,
though
it
bind
not
the
other
parties
right
,
and
of
this
Opinion
was
my
Lord
Hobbert
,
in
his
argument
in
the
Case
between
Sir
William
Elvis
Knight
,
and
the
Archbishop
of
York
,
and
Taylor
and
Bishop
,
Hob.
Rep.
f.
317
,
&
318.
CHAP.
VI.
Of
Pluralities
,
Dispensations
,
and
non
residence
,
If
one
have
a
Living
with
cure
of
eight
pounds
vallue
,
a●d
accept
a●other
▪
the
first
is
void
.
NOte
,
that
by
the
stat.
21
H.
8.
it
is
enacted
,
that
if
any
Person
or
Persons
,
having
one
Benefice
with
cure
of
Souls
,
being
of
the
yearly
value
of
eight
pounds
or
above
,
accept
and
take
any
other
with
cure
of
Souls
,
and
be
Instituted
and
Inducted
in
possession
of
the
same
,
that
then
and
immediately
after
such
possession
had
thereof
,
the
first
Benefice
shall
be
adjudged
void
,
and
it
shall
be
Lawfull
for
every
Patron
having
the
Advowson
thereof
,
to
present
another
,
and
the
Presentee
to
have
the
benefit
of
the
same
in
such
manner
and
Form
as
though
the
Incumbent
had
dyed
or
resigned
,
any
Licence
,
Union
,
or
other
Dispensation
to
the
contrary
notwithstanding
,
21
H.
8.
cap.
13.
the
yearly
value
of
eight
pounds
or
above
,
is
usually
taken
to
be
according
as
Benefices
were
rated
in
the
26
of
H.
8.
and
is
now
made
use
of
in
the
first
fruits
office
;
but
some
hold
that
it
shall
be
taken
according
to
the
very
true
improved
value
,
Ideo
Quaere
.
vide
pa.
128.
Who
may
have
Plurality
of
Livings
.
But
there
is
a
Proviso
in
the
same
Statute
,
that
all
Spiritual
Men
which
are
of
the
King's
Council
,
may
purchase
Licence
,
or
Dispensation
to
take
and
keep
three
Parsonages
or
Benefices
with
cure
of
Souls
,
and
that
all
others
,
being
the
King's
Chaplains
,
and
not
sworn
of
his
Council
;
and
the
Chaplains
of
the
Queen
,
Prince
,
or
Princess
,
or
any
of
the
King's
Children
,
Brethren
,
Sisters
,
Uncles
,
or
Aunts
,
may
purchase
Licence
,
or
Dispensation
to
receive
and
keep
two
Parsonages
or
Benefices
,
with
cure
of
Souls
,
and
so
the
eight
Chaplains
of
every
Archbishop
,
the
six
Chaplains
of
every
Duke
,
the
five
Chaplains
of
every
Marquess
and
Earl
,
the
four
Chaplains
of
every
Viscount
,
the
six
Chaplains
of
every
Bishop
,
the
three
Chaplains
of
the
Chancellor
of
England
,
and
of
every
Baron
and
Knight
of
the
Garter
,
the
two
Chaplains
of
every
Dutchess
,
Marchioness
,
Countess
and
Baroness
being
Widows
,
the
two
Chaplains
of
the
Treasurer
and
Controller
of
the
King's
House
,
and
of
the
King's
Secretary
,
Dean
of
his
Chapel
,
Almner
and
Master
of
the
Rolls
,
may
also
procure
Licence
,
or
Dispensation
to
receive
and
keep
two
Parsonages
or
Benefices
apiece
,
with
cure
of
Souls
,
21
H.
8.
cap.
13.
and
the
Chief
Justice
of
the
King's
Bench
,
and
Warden
of
the
Cinque
Ports
,
may
keep
one
Chaplain
apiece
,
who
may
Purchase
,
Licence
,
or
Dispensation
to
receive
and
keep
two
Parsonages
or
Benefices
with
cure
of
Souls
,
and
so
may
the
Brethren
and
Sons
of
all
Temporal
Lords
,
and
of
every
Knight
,
who
are
born
in
Wedlock
,
and
all
Doctors
and
Batchellors
of
Divinity
,
Doctors
of
Law
,
and
Batchellors
of
Law
Canon
and
every
of
them
,
which
shall
be
admitted
to
any
of
the
said
degrees
,
by
any
of
the
Universities
of
this
Realm
,
and
not
by
Grace
only
,
may
also
purchase
Licence
,
or
Dispensation
to
receive
and
keep
two
Parsonages
or
Benefices
with
cure
of
Souls
,
and
it
is
provided
that
every
of
the
Chaplains
abovesaid
so
purchasing
Licence
,
and
Dispensation
to
receive
and
keep
Benefices
with
cure
of
Souls
as
abovesaid
,
shall
be
bound
to
have
and
exhibite
where
need
shall
be
,
Letters
under
the
sign
and
Seal
of
the
King
or
other
their
Lord
and
Master
,
testifying
whose
Chaplains
they
be
,
or
else
not
to
enjoy
any
such
Plurality
of
Benefices
,
by
being
such
Chaplains
,
21
H.
8.
cap.
13.
None
to
take
more
Chaplains
then
above
Limited
,
to
advance
them
to
Plurality
of
Benefices
.
Note
,
that
it
is
provided
,
that
no
Person
or
Persons
,
to
whom
any
number
of
Chaplains
,
or
Chaplain
by
any
of
the
Provisions
aforesaid
is
Limited
,
shall
in
any
wise
,
by
colour
of
any
of
the
same
Provisions
,
advance
any
Spiritual
Person
or
Persons
above
the
number
to
them
appointed
,
to
receive
or
keep
any
more
Benefices
with
cure
of
Souls
,
than
is
above
Limited
,
and
if
they
do
,
then
every
such
Spiritual
Person
and
Persons
so
advanced
,
above
the
said
number
,
to
incurr
the
pain
and
penalty
contained
in
the
said
Act
:
and
it
is
further
provided
,
that
every
Dutchess
,
Marchioness
,
Countess
,
and
Baroness
Widdows
,
that
shall
take
any
Husbands
under
the
degree
of
a
Baron
,
may
take
such
number
of
Chaplains
as
is
above
Limited
to
them
being
Widdows
,
and
that
every
such
Chaplain
may
purchase
Licence
to
have
and
take
such
number
of
Benefices
with
cure
of
Souls
,
in
manner
and
Form
as
they
might
have
done
,
if
their
said
Ladies
and
Mistresses
had
kept
themselves
Widdows
,
21
H.
8.
cap.
13.
What
shall
be
accounted
no
Benefice
with
cure
.
No
Deanry
,
Archdeaconry
,
Chancellorship
,
Treasurership
,
Chantership
or
Prebend
in
any
Cathedral
or
Collegiate
Church
,
nor
Parsonage
that
hath
a
Vicar
endowed
,
nor
any
Benefice
perpetually
appropriate
,
are
to
be
taken
or
comprehended
under
the
name
of
Benefice
with
cure
of
Souls
,
21
H.
8.
cap.
13.
The
Archbishop
of
Canterbury
for
The
Archbishop
of
Canterbury
may
grant
Dispensations
,
&c.
the
time
being
and
his
Successors
,
after
good
and
due
examination
by
them
had
of
the
causes
and
qualities
of
the
Persons
procuring
for
Licences
,
Dispensations
,
Compositions
,
Faculties
,
Delegacies
,
Rescripts
,
Instruments
or
other
writings
,
by
themselves
or
by
their
sufficient
Commissary
or
Deputy
,
by
their
discretions
from
time
to
time
,
have
power
to
grant
and
dispose
by
an
Instrument
,
under
the
Name
and
Seal
of
the
said
Archbishop
,
to
any
of
the
King's
Subjects
all
manner
of
such
Licences
,
Dispensations
,
Faculties
,
Compositions
,
Delegacies
,
Rescripts
,
Instruments
,
or
other
writings
,
for
any
such
cause
or
matter
,
whereof
heretofore
such
Dispensations
,
&c.
have
been
accustomed
to
be
had
at
the
See
of
Rome
,
or
by
the
Authority
thereof
,
or
any
Prelate
of
this
Realm
,
but
no
such
Licences
,
&c.
which
have
not
been
accustomed
to
be
had
or
obtained
at
the
Court
of
Rome
,
nor
by
Authority
thereof
,
nor
by
any
Prelate
of
this
Realm
,
shall
be
granted
without
the
approbation
of
the
King
and
his
Council
,
upon
pein
that
the
Granter
of
such
Licences
,
&c.
shall
make
fine
at
the
King's
will
and
pleasure
,
25
H.
8.
cap.
21.
And
no
manner
of
Dispensations
,
Licences
,
&c.
to
be
granted
by
the
What
Licences
,
&c.
are
to
be
confirmed
under
the
King
's
great
Seal
.
Archbishop
or
his
Commissary
,
whose
Tax
for
the
Expidition
thereof
at
Rome
extended
to
the
sum
of
four
pounds
or
above
,
are
to
be
put
in
Execution
,
till
the
same
be
first
confirmed
by
the
King
,
under
the
great
Seal
,
and
Inrolled
in
the
Chancery
by
the
Clerk
appointed
for
the
same
;
which
writing
under
the
Archbishop's
Seal
,
and
the
Confirmation
thereof
under
the
great
Seal
,
are
to
be
remitted
to
the
parties
from
time
to
time
procuring
the
same
,
but
such
Licences
,
&c.
whose
Tax
for
the
Expedition
thereof
at
Rome
,
was
under
four
pounds
,
shall
pass
under
the
Archbishop's
Seal
,
and
need
not
be
confirmed
under
the
great
Seal
,
unless
the
parties
desire
to
have
them
confirmed
,
and
in
such
Case
they
are
to
pay
for
the
great
Seal
only
five
Shillings
,
and
not
above
;
over
and
besides
such
Taxes
as
are
to
be
paid
for
the
writing
,
making
,
registring
,
confirming
,
and
inrolling
of
such
Licences
,
&c.
under
the
said
Tax
of
four
pounds
,
and
all
such
Licences
,
&c.
granted
as
aforesaid
,
have
the
same
force
and
power
as
those
formerly
obtained
of
the
See
of
Rome
,
any
decree
Canon
,
Decretal
,
&c.
to
the
contrary
notwithstanding
;
and
both
the
Archbishop's
Clerk
or
Register
,
for
Dispensations
,
Faculties
,
&c.
and
the
King
's
inrolling
Clerk
in
Chancery
must
subscribe
their
names
to
every
such
Licence
,
Dispensation
,
&c.
that
shall
come
to
their
Hands
,
to
be
written
,
made
,
granted
,
sealed
,
confirmed
,
registred
,
and
inrolled
in
Form
aforesaid
;
and
those
that
receive
more
for
Dispensations
,
&c.
than
is
set
down
in
the
Books
of
Taxes
,
one
whereof
remains
with
the
Archbishop's
Register
of
Faculties
,
&c.
and
the
other
with
the
King
's
inrolling
Clerk
of
Dispensations
,
&c.
in
Chancery
,
are
to
forfeit
ten
times
the
value
of
what
they
so
exact
and
receive
,
one
Moiety
to
the
King
,
and
the
other
to
the
Informer
,
25
H.
8.
cap.
21.
Note
,
that
it
is
provided
by
the
said
What
remedy
where
the
Archbishop
refuseth
to
grant
Dispensations
,
&c.
Statute
,
25.
H.
8.
that
nothing
therein
contained
,
shall
be
prejudicial
to
the
Archbishop
of
York
,
or
to
any
Bishop
,
or
Prelate
of
this
Realm
,
but
that
they
may
Lawfully
dispence
in
all
causes
,
in
which
they
wont
to
dispence
by
the
Common
Law
or
custome
of
th●●
Realm
,
afore
the
making
of
the
sai●
Act
,
with
a
Proviso
also
,
that
when
th●
See
of
Canterbury
should
at
any
tim●
be
void
,
that
then
such
Licences
,
Dispensations
,
&c.
may
be
granted
und●
the
Name
and
Seal
of
the
Guardian
●●
the
Spiritualities
of
the
said
Archbishoprick
for
the
time
being
,
according
to
the
Form
aforesaid
,
which
shall
have
the
same
force
as
if
they
had
been
granted
by
the
Archbishop
himself
;
and
it
is
further
enacted
,
that
if
the
Archbishop
of
Canterbury
,
or
Guardian
of
the
Spiritualities
,
do
refuse
to
grant
such
Licences
,
Dispensations
,
&c.
as
aforesaid
;
then
the
Chancellor
of
England
,
or
Keeper
of
the
great
Seal
for
the
time
being
,
upon
complaint
thereof
,
shall
direct
the
King
's
Writ
to
the
said
Archbishop
or
Guardian
so
refusing
,
enjoyning
him
thereby
upon
a
certain
pein
therein
to
be
Limited
,
by
the
discretion
of
the
said
Chancellor
,
or
Keeper
of
the
great
Seal
,
that
he
do
in
due
Form
,
grant
such
Licence
,
Dispensation
,
&c.
according
to
the
Request
of
the
Procurers
of
the
same
,
or
else
signify
to
the
King
in
Chancery
at
a
certain
day
,
the
occasion
why
he
denies
the
same
,
and
if
it
appear
to
the
Chancellor
,
&c.
by
such
Certificate
,
that
the
cause
was
reasonable
and
good
,
and
being
proved
by
due
search
and
examination
of
the
said
Chancellor
or
Lord
Keeper
,
it
is
to
be
allowed
,
and
if
it
appears
upon
the
said
Certificates
,
that
the
said
Archbishop
or
Guardian
,
wilfully
without
just
cause
,
do
refuse
or
deny
to
grant
such
Licences
,
&c.
then
it
being
made
appear
to
the
King
that
such
Licences
,
&c.
may
be
granted
without
offending
the
Holy
Scriptures
and
Laws
of
God
,
his
Majesty
in
such
Case
may
send
his
Writ
of
Injunction
,
under
the
Great
Seal
,
out
of
his
Court
of
Chancery
,
commanding
the
Archbishop
or
Guardian
so
refusing
,
&c.
to
make
sufficient
grant
theof
by
a
certain
day
,
under
a
certain
pein
,
and
if
the
Archbishop
or
Guardian
,
after
the
recept
of
the
said
Writ
,
refuse
or
deny
to
grant
such
Licences
,
&c.
and
shew
and
prove
before
the
King's
Majesty
,
no
just
cause
for
the
same
,
then
the
said
Archbishop
or
Guardian
so
refusing
,
shall
forfeit
to
the
King
,
such
penalty
as
is
expressed
in
the
said
Writ
of
Injunction
;
and
the
King
may
grant
his
Commission
under
the
great
Seal
,
to
any
two
Spiritual
Prelates
whom
be
pleaseth
,
as
will
grant
the
same
Licences
,
&c.
so
refused
to
be
granted
by
the
Archbishop
or
Guardian
as
aforesaid
,
and
such
Licences
,
&c.
granted
by
such
two
Prelates
,
shall
have
the
same
force
,
as
if
they
were
granted
by
the
sai●
Archbishop
or
Guardian
,
25
H.
8.
cap.
21.
And
it
is
further
provided
,
that
this
The
penalty
for
suing
to
the
Court
of
Rome
,
for
Dispensa●ions
,
&c.
Act
shall
not
extend
to
the
repeal
or
derogation
of
the
21
H.
8.
cap.
13.
nor
to
give
Licence
to
any
Person
or
Persons
,
to
have
any
more
number
of
Benefices
,
than
is
Limitted
in
the
said
Act
;
and
it
is
also
provided
,
that
if
any
Person
or
Persons
,
Subject
or
Resiant
within
this
Realm
,
or
within
any
of
the
King's
Dominions
,
do
sue
to
the
Court
or
See
of
Rome
,
or
to
any
Person
claiming
to
have
his
Authority
by
the
same
,
for
any
Licence
,
&c.
or
put
in
Execution
any
such
Licence
,
&c.
obtained
from
Rome
or
the
See
of
Rome
,
or
from
any
claiming
Authority
by
the
same
,
or
attempt
or
doe
any
thing
or
things
contrary
to
the
stat.
25
H.
8.
aforesaid
,
or
maintain
,
allow
,
admit
,
or
obey
any
manner
of
Censures
,
Excommunications
,
Interdictions
,
or
any
other
process
from
Rome
,
of
what
Name
or
Nature
soever
it
be
to
the
Derogation
of
the
said
Act
,
or
of
any
thing
or
things
to
be
done
by
Authority
of
the
same
,
every
Person
so
offending
,
and
being
convicted
thereof
,
shall
incurr
and
run
into
the
pein
of
a
Praemunire
,
25
H.
8.
cap.
21.
and
see
the
13
Eliz.
cap.
2.
if
this
be
not
made
High
Treason
by
that
Statute
.
No
Nobleman
or
o●her
can
,
after
their
just
number
of
Chaplains
are
advanced
,
take
any
more
to
qualify
them
during
the
other
Chaplains
lives
.
If
any
Noble-man
or
other
Person
,
who
are
Capacitated
to
keep
Chaplains
,
have
once
retained
their
full
number
,
who
are
admitted
to
two
Benefices
apiece
,
they
cannot
then
whilst
the
others
are
living
,
retain
any
more
to
qualify
them
to
take
a
second
Benefice
,
as
appears
by
this
Case
following
,
Sr.
James
Crofts
,
Controuller
of
the
House
to
Queen
Elizabeth
,
had
two
Chaplains
according
to
the
stat.
21
H.
8.
who
were
both
preferred
to
two
Benefices
apiece
,
according
to
the
Purport
of
the
said
Statute
,
and
afterwards
he
takes
another
Chaplain
,
(
having
one
Benefice
)
who
procures
a
second
,
as
being
his
Chaplain
,
and
the
Queen
presented
to
his
first
Benefice
,
and
brought
a
Quar●
Impedit
against
him
;
and
all
the
Court
held
,
that
after
two
are
advanced
,
a
third
cannot
be
advanced
,
for
there
can
be
but
two
at
one
time
,
who
shall
take
advantage
of
the
Statute
.
And
it
was
agreed
in
that
Case
,
that
there
is
a
difference
between
the
words
to
be
advanced
to
a
Benefice
,
and
to
be
advanced
to
take
and
keep
a
Benefice
,
for
one
may
be
advanced
to
a
Benefice
who
cannot
Lawfully
keep
it
,
for
if
one
who
hath
a
Benefice
with
cure
,
&c.
take
another
,
he
cannot
keep
these
two
Lawfully
,
but
such
a
Chaplain
who
is
advanced
according
to
the
Statute
,
may
receive
and
keep
two
Benefices
,
Tr.
27
Eliz
C.
B.
the
Queen
and
Bishop
of
Gloucester
,
and
Savaker's
Case
,
An.
Rep.
1
part
,
f.
200.
pl.
236.
&
vide
Co.
Rep.
4
Lib.
f.
90.
a.
the
same
Case
cited
there
,
but
said
to
be
P.
28.
Eliz
Rot.
1130.
First
Chaplains
only
qualified
to
take
Plurality
of
Benefices
.
Also
,
where
a
Lord
,
Countess
,
or
other
Person
,
have
retained
their
full
number
of
Chaplains
,
and
afterwards
retain
one
or
more
Supernumerary
Chaplains
,
these
last
Chaplains
are
not
qualified
to
have
Pluralities
of
Livings
,
although
they
obtain
Dispensations
and
are
first
preferred
;
for
though
by
the
Common
Law
,
a
Countess
may
retain
as
many
Chaplains
as
she
pleaseth
,
yet
she
can
have
but
two
capable
of
Dispensation
by
the
Statute
,
and
reason
requires
that
he
who
had
served
longest
shall
be
first
preferred
,
et
qui
prior
est
tempore
,
potior
est
jure
,
and
although
the
two
first
were
dead
before
the
advancement
of
the
third
,
yet
because
they
were
alive
at
the
time
of
the
Retainer
,
which
Retainer
was
by
the
Common
Law
and
not
by
the
Statute
,
therefore
he
ought
to
have
a
new
Retainer
after
their
Death
,
and
before
his
advancement
:
for
quod
ab
initio
non
valet
,
in
tractu
temporis
non
convalescet
,
Tr.
43
Eliz.
C.
B.
the
Queen
and
Bishop
of
Lincoln
and
Drurie's
Case
,
Co.
Rep.
4
Lib.
f.
89.
b.
M.
Rep.
f.
561.
pl.
763.
Cro.
Eliz.
f.
723.
pl.
56.
&
839.
pl.
15.
and
see
P.
31
Eliz.
Rot.
728.
the
Queen
and
Bishop
of
Lincoln
,
and
the
President
and
Schollers
of
Mawdlin
College
in
Oxford
,
and
Skiffin's
Case
,
M.
Rep.
f.
277.
pl.
431.
and
Savil's
Rep.
f.
101.
pl.
181.
A
Retainer
may
be
as
well
by
word
as
by
writing
.
And
note
that
a
Retainer
to
be
Chaplain
,
may
be
as
well
without
writing
as
with
writing
,
for
it
is
not
of
necessity
,
but
only
in
Case
where
the
same
is
to
be
shewed
,
and
if
a
Chaplain
obtain
a
Patent
or
Testimonial
from
his
Lord
or
Lady
whose
Chaplain
he
is
,
before
he
come
to
be
Impleaded
,
so
that
he
have
it
to
shew
to
the
Court
,
although
he
had
it
not
,
at
the
time
of
his
taking
a
Second
Benefice
yet
it
is
well
enough
,
and
so
it
was
Adjudged
,
M.
35
and
36.
El.
in
the
Exchequer
between
Whetstone
and
Hickford
,
Savills
Rep.
Rep.
fo.
135.
pl.
213.
and
see
the
Queen
and
Bishop
of
Lincoln
,
and
Skiffin's
Case
,
Moo
.
Rep.
fo.
277.
pl.
432.
How
Chaplains
may
loose
or
gain
qualification
for
plurality
.
If
the
Son
and
Heir
Apparent
of
a
Baron
or
other
Lord
,
Retain
a
Chaplain
,
and
give
him
a
Testimonial
under
his
Hand
and
Seal
,
and
afterwards
his
Father
dyes
,
and
the
Honour
descends
to
him
,
and
the
Chaplain
purchaseth
a
Dispensation
,
this
Retainer
and
Testimonial
will
not
serve
his
turn
,
because
they
were
not
availeable
at
the
Commencement
;
And
if
a
Baron
or
other
Lord
Retain
their
full
number
of
Chaplains
according
to
the
Statute
,
and
then
the
Lord
or
other
Person
dischargeth
one
of
them
out
of
his
Service
,
in
this
Case
he
cannot
Retain
another
during
that
Chaplain's
Life
,
to
qualifie
him
for
pluralities
,
for
by
such
means
he
might
Advance
Infinite
of
Chaplains
without
number
,
and
so
the
Statute
should
be
defrauded
,
Co.
Rep.
4.
Lib.
fo.
90.
a.
But
if
a
Lord
or
other
Person
whose
Chaplains
are
qualified
according
to
the
Statute
,
be
dis●harged
out
of
his
Service
by
his
Master
▪
(
as
he
may
)
before
he
be
preferred
to
a
Second
Benefice
,
or
if
his
Master
dye
,
or
is
attainted
,
degraded
,
or
displaced
,
before
such
Chaplains
preferment
to
a
Second
Benefice
,
in
all
these
Cases
he
●ooseth
his
qualification
,
to
have
plurality
of
Livings
Incompatible
.
Moo
.
Rep.
fo.
678.
pl.
924.
&
vide
Co.
Rep.
4.
Lib.
117.
b.
118.
b.
A
Lord
,
&c.
to
Retain
a
number
of
Chaplains
according
to
his
best
quality
.
If
a
Baron
who
by
the
Statute
may
have
Three
Chaplains
,
be
made
Warden
of
the
Cinque
Ports
,
who
may
by
the
Statute
have
one
Chaplain
in
respect
of
his
Office
,
yet
he
shall
have
but
Three
,
and
so
if
he
be
made
an
Earl
,
who
may
by
the
Statute
have
Five
Chaplains
,
yet
in
such
Cases
he
shall
not
have
Eight
as
Baron
and
Earl
,
but
only
Five
according
to
his
best
Title
,
and
so
it
is
of
other
Persons
who
by
the
Statute
may
Retain
Chaplains
,
Quia
difficile
est
ut
unus
homo
vicem
duorum
sustineat
,
as
the
Book
saith
,
Co.
Rep.
4.
Lib.
fo.
90.
b.
118.
a.
If
a
Chaplain
be
preferred
to
two
Benefices
,
his
Lords
death
,
&c.
deth
not
Incapacitate
him
.
Where
the
Chaplains
of
a
Baron
or
other
Person
,
who
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
without
Fraud
or
Covin
in
any
of
the
said
Honourable
House
holds
;
nor
to
the
Master
of
the
Rolls
,
or
Dean
of
the
Arches
;
nor
to
any
Chancellor
or
Commissary
of
any
Archbishop
or
Bishop
;
nor
to
as
many
of
the
Twelve
Masters
in
Chancery
,
and
Twelve
Advocates
of
the
Arches
,
as
be
spiritual
Men
,
during
so
long
time
as
they
shall
continue
and
occupy
their
said
Rooms
and
Offices
;
nor
to
any
such
Spiritual
Persons
,
as
shall
happen
by
Injunction
of
the
Lord
Chancellor
,
or
the
King's
Council
to
be
bound
to
any
dayly
appearance
and
attendance
,
to
answer
the
Law
,
during
the
time
of
such
Injunction
,
21
H.
8.
cap.
13.
There
is
also
another
Proviso
,
that
it
The
King
may
Licence
non
residence
.
shall
be
Lawfull
for
every
Spiritual
Person
or
Persons
,
being
Chaplains
to
the
King
,
to
whom
he
shall
please
to
give
any
Benefices
or
Promotions
Spiritual
,
to
what
number
soever
it
be
,
to
accept
and
take
the
same
without
the
danger
of
the
said
Statute
;
and
further
,
that
it
shall
be
Lawfull
for
the
King
to
give
Licence
to
every
of
his
own
Chaplains
for
non
residence
upon
their
Benefices
notwithstanding
the
said
Act
,
21
H.
8.
cap.
13.
Who
may
be
non
resident
.
And
by
the
25
H.
8.
it
is
enacted
,
that
every
Judge
of
the
Courts
of
King's
Bench
,
and
Common
Pleas
,
Chancellor
and
Chief
Baron
of
the
Exchequer
,
the
King
's
General
Attorney
,
and
Geneneral
Solliciter
,
may
retain
and
have
singularly
to
every
of
them
in
his
House
,
or
attending
on
his
Person
,
one
Chaplain
,
having
one
Benefice
with
cure
of
Souls
,
which
may
be
absent
from
his
said
Benefice
,
and
not
resident
upon
the
same
,
25
H.
8.
cap.
16.
And
the
residence
of
every
Bishop's
Suffragan
,
over
the
Diocess
where
he
shall
have
Commission
,
shall
serve
him
for
his
residence
,
as
sufficiently
as
if
he
were
resident
upon
any
other
his
Benefice
,
26
H.
8.
cap.
14.
The
Chancellor
of
the
Dutchy
of
Who
may
be
non
resident
.
Lancaster
,
the
Chancellor
of
the
Court
of
Augmentations
,
the
Chancellor
of
the
Court
of
first
Fruits
and
Tenths
,
the
Master
of
the
Wards
and
Liveries
,
and
every
of
the
King
's
General
Surveyors
of
his
Lands
,
the
Treasurer
of
his
Chamber
,
the
Treasurer
of
the
Court
of
Augmentations
,
and
the
Groom
of
the
Stool
and
every
of
them
,
may
retain
in
his
House
,
or
attendant
unto
his
Person
,
one
Chaplain
having
one
Benefice
with
cure
of
Souls
,
who
may
be
non
resident
,
provided
that
every
of
the
said
Chaplains
being
Beneficed
as
aforesaid
,
and
dwelling
with
any
of
the
Officers
aforenamed
,
do
Personally
repair
two
times
in
every
Year
at
the
least
,
to
his
said
Benefice
,
and
there
tarry
and
abide
by
the
space
of
eight
days
,
at
every
such
time
at
the
least
,
to
visit
and
instruct
his
said
cure
,
upon
pein
to
forfeit
for
every
time
so
failing
,
forty
shillings
,
one
Moiety
to
the
King
,
and
the
other
to
such
as
will
sue
for
the
same
,
in
any
of
the
King's
Courts
of
Record
,
33
H.
8.
cap.
28.
Schollars
in
the
Vniversities
,
when
excusable
for
non
residence
.
Note
,
that
the
clause
in
the
21
H.
8.
cap.
13.
which
saith
that
the
Penalty
for
non
residence
,
shall
not
extend
to
any
Schollar
or
Schollars
,
being
Conversant
,
and
abideing
for
study
without
Fraud
or
Covin
at
the
Universities
,
is
restrained
and
made
more
strict
by
the
28
H.
8.
for
there
it
is
enacted
,
that
all
and
singular
Spiritual
Person
and
Persons
,
which
shall
be
promoted
to
any
Benefice
or
Benefices
as
aforesaid
,
being
above
the
Age
of
forty
Years
,
(
the
Chancellor
,
Vice
Chancellor
,
Commissary
of
the
said
Universities
,
or
any
of
them
,
Wardens
,
Deans
,
Provosts
,
Presidents
,
Rectors
,
Masters
,
Principals
,
and
other
head
Rulers
of
Colleges
,
Halls
,
and
other
Houses
or
Places
Corporate
,
within
the
said
Universities
or
any
of
them
,
Doctors
of
the
Chair
,
Readers
of
Divinity
in
the
common
Schools
of
Divinity
,
in
any
of
the
said
Universities
only
excepted
)
shall
be
resident
,
and
abideing
at
and
upon
one
of
their
said
Benefices
,
according
to
the
intent
and
true
meaning
of
the
said
former
Act
,
upon
the
pein
and
Penalty
therein
contained
.
And
●hat
none
of
the
said
Beneficed
Persons
being
above
the
Age
aforesaid
,
except
before
excepted
,
shall
be
excused
of
●heir
non
residence
,
for
that
they
be
students
or
resiant
within
the
said
Universities
,
or
any
of
them
,
any
Proviso
in
the
former
Act
,
to
the
contrary
notwithstanding
,
28
H.
8.
cap.
13.
What
Students
excusable
for
non
residence
.
And
it
is
further
enacted
,
that
all
and
singular
such
Beneficed
Persons
,
being
under
the
Age
of
forty
Years
,
Resiant
,
and
abiding
in
the
said
Universities
or
any
of
them
,
shall
not
enjoy
the
Privilege
and
Liberty
of
non
residence
,
contained
in
the
Proviso
of
the
former
Act
,
made
for
the
Schollars
of
the
said
Universities
,
unless
he
or
they
be
present
at
the
Ordinary
Lectures
,
as
well
at
home
in
their
Houses
,
as
in
the
common
School
or
Schools
,
and
there
in
Person
,
keep
Sophemes
,
Problemes
,
Disputations
,
and
other
exercise
of
learning
,
and
be
Opponent
and
Respondent
in
the
same
,
according
to
the
Ordinances
and
Statutes
of
either
of
the
said
Universities
,
where
he
or
th●●
shall
be
so
abiding
and
resiant
,
an●
thing
in
the
former
Act
notwithstanding
,
28
H.
8.
cap.
13.
And
by
the
said
Statute
it
is
furthe●
Readers
of
publick
Lectures
,
&c.
excusable
.
provided
,
that
nothing
therein
contained
,
shall
extend
to
any
Person
●●
Persons
,
who
shall
be
Readers
of
a●●
publick
or
common
Lecture
,
in
Di●●nity
,
Law
Civil
,
Physick
,
Philosophy
,
Humanity
,
or
of
any
of
the
Liberal
Sciences
,
or
publick
or
common
Interpreters
,
or
Teachers
of
the
Hebrew
Tongue
,
Caldee
or
Greek
,
in
whatsoever
College
or
Place
of
any
of
the
said
Universities
,
the
said
Persons
for
the
time
being
,
shall
reade
the
said
common
or
publick
Lectures
,
nor
to
any
Person
or
Persons
,
above
the
Age
of
forty
Years
,
which
shall
resort
to
any
of
the
said
Universities
,
to
proceed
Doctors
in
Divinity
,
Law
Civil
,
or
Physick
,
for
the
time
of
their
proceedings
,
and
Executing
of
such
Sermons
,
Disputations
of
Lectures
,
which
they
be
bound
by
the
Statutes
of
the
Universities
,
there
to
doe
for
the
said
degrees
so
obtained
,
28
H.
8.
cap.
13.
Non
residence
,
〈◊〉
is
.
And
now
having
shewed
what
the
Statute
Law
saith
,
concerning
non
residence
,
I
shall
proceed
to
shew
what
the
Judges
Opinions
have
been
in
such
Cases
concerning
the
same
as
I
find
in
our
modern
reports
:
In
an
Information
upon
the
Statute
for
non
residence
,
upon
not
guilty
pleaded
,
a
special
Verdict
was
found
,
that
the
Defendant
was
Parson
of
Downham
in
Norfolk
,
and
had
a
Parsonage
House
and
Glebe
Land
within
the
Parish
,
but
he
Inhabited
not
therein
,
but
in
a
Coppy-hold
Tenement
which
he
had
in
the
right
of
his
Wife
in
the
said
Parish
,
and
alwaies
served
the
cure
,
and
whether
this
were
a
non
residence
or
no
within
the
Statute
was
the
Question
;
And
Gawdy
and
Popham
Justices
,
held
it
was
not
a
residence
within
the
Statute
,
which
was
made
for
three
causes
,
first
,
that
the
cure
should
be
served
,
secondly
,
that
the
People
should
be
fed
,
thirdly
,
that
the
Parsonage
House
should
be
upholden
and
maintained
,
and
if
the
Statute
should
be
otherwise
construed
,
many
inconveniences
would
ensue
,
for
Parsons
would
purchase
other
Houses
within
their
Parishes
,
and
be
alwaies
resident
upon
them
,
and
suffer
their
Parsonage
Houses
to
decay
,
and
sterilitate
their
Glebe
Land
,
and
meliorate
their
own
Possessions
,
in
prejudice
of
their
Successors
,
and
where
the
Statute
saith
he
shall
be
resident
upon
his
Benefice
,
it
shall
be
intended
where
there
can
be
residence
,
for
he
cannot
be
resident
upon
the
Tythes
,
nor
upon
the
Glebe
Land
where
there
is
not
any
House
,
but
only
his
Habitation
is
within
his
Parsonage
House
,
but
Justice
Clynch
and
Fenner
held
the
contrary
,
and
said
if
he
be
resident
within
his
Benefice
,
(
which
extends
to
the
whole
Parish
)
it
is
sufficient
,
but
if
he
be
resident
upon
any
other
House
adjoyning
upon
his
Parish
,
but
not
within
his
Parish
,
although
every
Sunday
and
Holyday
,
he
serve
the
cure
,
yet
it
is
not
sufficient
,
and
they
said
that
the
intent
of
the
Statute
is
,
that
he
should
pascere
gregem
,
cibo
,
exemplo
&
verbo
,
all
which
he
may
doe
when
he
is
resident
in
any
part
of
the
Parish
,
and
where
it
is
said
in
,
at
and
upon
his
Benefice
,
it
is
clear
that
all
the
Parish
is
his
Benefice
,
so
he
is
resident
in
his
Benefice
,
but
peradventure
,
he
is
not
resident
upon
his
Benefice
,
unless
he
Inhabits
within
the
Parsonage
House
,
but
there
are
Divers
Parsonages
which
have
no
Parsonage
House
,
for
it
may
be
aliened
by
the
former
Parson
,
with
the
consent
of
the
Patron
and
Ordinary
,
or
let
out
,
so
as
his
successor
cannot
have
it
,
and
therefore
his
residence
may
be
in
any
other
House
within
the
Parish
,
and
it
is
sufficient
;
and
upon
this
difference
of
the
Justices
in
their
Opinions
,
Crook
reports
the
Case
to
be
adjorned
,
and
so
does
Moore
and
Gouldesborough
,
but
my
Lord
Cook
reporting
the
same
Case
saith
,
it
was
resolved
by
the
Court
,
that
the
Parson
ought
to
reside
in
the
Parsonage
House
,
and
not
in
any
other
House
within
the
Parish
,
M.
39
,
40
Eliz.
B.
R.
Goodale
and
Butler's
Case
,
Cro.
Eliz.
f.
590.
pl.
28
M.
Rep.
f.
540.
pl.
712.
Gouldes
.
Rep.
pa.
169.
pl.
100.
&
Co.
Rep.
6
Lib.
f.
21.
b.
the
same
Case
,
but
there
said
to
be
P.
40
Eliz.
and
see
P.
9
Jac
B.
R.
Shepheard
and
Twoulsie's
Case
,
Boulstr
.
Rep.
1
part
,
f.
111.
What
residence
,
and
what
not
.
Another
Information
was
also
brought
upon
the
stat.
21
H.
8.
for
non
residence
,
and
it
was
found
by
speciall
Verdict
,
that
Doctor
Newman
was
Incumbent
,
invested
in
the
Rectory
of
Staplehirst
,
in
the
County
of
Kent
,
and
that
he
was
also
seized
of
an
House
in
Staplehirst
aforesaid
,
Situate
within
twenty
Yards
of
the
said
Rectory
,
and
that
the
Mansion
House
of
the
said
Rectory
was
in
good
repair
,
and
that
Doctor
Newman
held
that
in
his
hands
,
and
occupation
with
his
own
proper
goods
,
and
did
not
let
it
to
any
other
,
and
that
he
Inhabited
in
the
said
Messuage
and
not
in
the
Parsonage
,
and
whether
this
were
non
residence
or
no
was
the
Question
;
and
it
was
argued
by
the
Plaintiff's
Council
,
that
it
was
non
residence
,
and
it
is
there
said
,
that
the
Statute
was
made
for
seven
causes
,
two
of
which
are
for
Hospitality
,
and
relief
of
the
Poor
,
and
these
are
to
be
done
in
the
Parsonage
House
,
for
this
is
the
free
Alms
of
the
Church
,
and
so
it
was
adjudged
,
B.
R.
24
Eliz.
in
Broom
and
Hudson's
Case
,
the
Defendant's
Council
argued
to
the
contrary
,
but
the
Case
was
compounded
by
the
Lord
Cook
and
so
no
judgment
in
it
,
but
he
intended
this
was
no
residence
within
the
Statute
,
as
the
Book
saith
,
H.
8
Jac.
C.
B.
Canning
and
Doctor
Newman's
Case
,
Brownl
.
Rep.
2
part
,
f.
54.
What
a
Dignity
to
excuse
non
residence
.
Upon
another
Information
for
non
residence
,
the
Defendant
pleaded
that
he
was
chosen
Gospeller
in
the
Church
of
S.
Pauls
,
London
,
and
was
resident
there
by
reason
of
that
Dignity
,
and
it
was
thereupon
demurred
,
and
it
was
said
by
the
Plaintiff's
Council
,
that
this
was
not
any
Dignity
to
excuse
the
Defendant
,
the
Civilians
divide
spiritual
Functions
into
three
degrees
,
first
,
a
Function
which
hath
a
Jurisdiction
as
a
Bishop
,
Dean
,
&c.
secondly
,
a
Spiritual
Administration
with
a
cure
,
as
Parson
of
a
Church
,
&c.
thirdly
,
they
who
neither
have
cure
nor
Jurisdiction
,
as
Prebends
,
Chaplains
,
&c.
and
defined
a
Dignity
to
be
,
Administratio
Ecclesiastica
,
cum
Jurisdictione
,
vel
potestate
conjuncta
,
and
thereby
they
exclude
the
two
last
degrees
,
from
being
any
Dignity
,
à
multo
fortiori
,
the
Common
Law
doth
so
,
and
to
that
purpose
,
vide
27
H.
6.
5.
25
E.
3.
41.
Br.
Nosme
25.
that
an
Archdeacon
is
not
a
Name
of
Dignity
,
17
E.
3.
31.
A
Provost
is
not
a
Name
of
Dignity
,
11
H.
4.
40.
A
Parson
is
not
a
Name
of
Dignity
,
14
H.
6.
14.
A
Presentor
is
not
a
Name
of
Dignity
,
27
H.
6.
3.
A
Chaplain
is
not
a
Name
of
Dignity
,
27
H.
8.
10.
is
if
a
Vicar
of
S.
Pauls
,
hath
a
Benefice
with
cure
,
he
ought
to
be
resident
upon
it
,
and
that
is
a
greater
Dignity
than
Gospeller
,
and
of
that
Opinion
were
Popham
and
Clinch
,
Caeteris
Justiciariis
absentibus
,
but
the
cause
was
adjorned
,
and
afterwards
the
Defendant
compounded
,
P.
41
Eliz.
B.
R.
Boughton
and
Gonsley's
Case
,
Cro.
Eliz.
f.
663
pl.
13.
Information
for
non
residence
,
where
to
be
brought
.
An
Information
was
brought
upon
the
Statute
for
non
residence
,
before
the
Justices
of
Assize
,
in
the
County
of
Essex
,
and
it
was
resolved
it
did
not
lye
,
but
only
in
the
King's
Courts
,
where
there
may
be
Essoyn
,
Gager
del
Ley
,
or
Protection
,
M.
4
Car.
1
B.
R.
Green
and
Guye's
Case
,
Cro.
Car.
f.
146.
pl.
26.
Note
,
if
a
Baron
have
three
Chaplains
,
Non
obstant
when
necessary
.
and
every
one
of
them
hath
two
Benefices
apiece
,
and
afterwards
the
Baron
dyes
,
yet
they
shall
enjoy
their
Benefices
with
cure
,
in
which
they
were
Lawfully
setled
before
,
but
though
they
continue
and
abide
upon
one
of
the
Benefices
,
yet
they
may
be
punished
for
non
residence
upon
the
other
,
and
so
it
was
adjudged
in
Parson
Boyton's
Case
,
as
the
Lord
Cook
reports
,
therefore
saith
he
,
such
Minister
ought
to
obtain
of
the
King
,
a
non
obstante
,
so
if
the
Baron
dye
,
be
attainted
of
Treason
or
Felony
,
or
if
any
Officer
be
removed
from
his
Office
,
who
is
Capacitated
to
retain
a
Chaplain
,
&
sic
de
similibus
,
Co.
Rep.
4
Lib.
f.
119.
a.
Non
residence
excusable
when
.
It
hath
been
agreed
,
that
Lawfull
Imprisonment
without
fraud
,
is
a
good
excuse
of
non
residence
,
so
if
there
be
no
Parsonage
House
,
for
impotentia
excusat
legem
,
and
these
Cases
are
excepted
out
of
the
Act
,
by
Construction
of
the
Law
,
and
it
was
also
held
in
the
Exchequer
,
Tr.
19
Eliz.
that
sickness
without
fraud
is
also
a
good
excuse
,
to
wit
,
if
the
Patient
remove
by
advice
of
his
Physitian
bona
fide
,
for
better
Air
,
and
for
the
recovery
of
his
health
,
Co.
Rep.
6
Lib.
f.
21.
b.
Martin's
Case
,
M.
10
Jac.
B.
R.
Boulstr
.
Rep.
2
part
,
f.
18.
Who
excusable
for
non
residence
by
the
Canon
.
I
shall
now
set
down
what
is
required
by
the
Canons
in
force
,
concerning
Dispensations
and
non
residence
,
and
first
it
is
said
,
no
Licence
,
or
Dispensation
for
the
keeping
of
more
Benefices
with
cure
than
one
,
shall
be
granted
to
any
,
but
such
only
as
shall
be
thought
very
well
worthy
for
his
learning
,
and
very
well
able
and
sufficient
,
to
discharge
his
duty
,
that
is
who
shall
have
taken
the
degree
of
Master
of
Arts
,
at
the
least
,
in
one
of
the
Universities
of
this
Realm
,
and
be
publick
and
sufficent
Preacher
Licensed
,
provided
alwaies
that
he
be
,
by
a
good
and
sufficient
caution
,
bound
to
make
his
personal
residence
in
each
of
his
said
Benefices
for
some
reasonable
time
in
every
Year
,
and
that
the
said
Benefices
be
not
more
than
thirty
miles
distance
asunder
,
and
lastly
,
that
he
have
under
him
in
the
Benefice
where
he
doth
not
reside
,
a
preacher
Lawfully
allowed
,
that
is
able
sufficiently
to
teach
and
instruct
the
People
,
Can.
41.
Every
Dean
,
Master
or
Warden
,
or
Chief
Governour
of
any
Cathedral
or
Deans
,
&c.
to
keep
residence
.
Collegiate
Church
:
shall
be
resident
in
his
said
Cathedral
or
Collegiate
Church
,
fourscore
an
ten
days
conjunctim
or
divisim
,
in
every
Year
at
the
least
,
and
then
shall
continue
there
in
Preaching
the
Word
of
God
,
and
keeping
good
Hospitality
,
except
he
shall
be
otherwise
let
,
with
weighty
and
urgent
causes
to
be
approved
by
the
Bishop
of
the
Diocess
,
or
in
any
other
Lawfull
sort
dispensed
with
,
and
when
he
is
present
,
he
with
the
rest
of
the
Canons
or
Prebendaries
resident
,
shall
take
special
care
,
that
the
Statutes
and
laudable
customs
of
their
Church
,
(
not
being
contrary
to
the
Word
of
God
,
or
Prerogative
Royal
)
the
Statutes
of
this
Realm
being
in
force
,
concerning
Ecclesiastical
Order
,
and
all
other
Constitutions
now
set
forth
,
and
confirmed
by
his
Majestie
's
Authority
,
and
such
as
shall
be
enjoyned
by
the
Bishop
of
the
Diocess
,
in
his
visitation
according
to
the
Statutes
and
customs
of
the
same
Church
,
or
the
Ecclesiastical
Laws
of
this
Realm
,
be
diligently
observed
,
and
that
the
petty
Canons
,
Vicars
Coral
,
and
other
Ministers
of
their
Church
,
be
urged
to
study
the
Holy
Scriptures
,
and
every
one
of
them
to
have
the
New
Testament
,
not
only
in
English
but
also
in
Latin
,
Can.
42.
No
Prebendaries
nor
Canons
in
Cathedral
or
Collegiate
Churches
,
having
Residence
required
in
Prebendaries
,
&c.
one
or
more
Benefices
with
cure
,
(
and
not
being
residentiary
in
the
same
Cathedral
or
Collegiate
Churches
)
shall
under
colour
of
their
said
Prebends
,
absent
themselves
from
their
Benefices
with
cure
,
above
the
space
of
one
Month
in
the
Year
,
unless
it
be
for
some
urgent
cause
,
and
certain
time
to
be
allowed
by
the
Bishop
of
the
Diocess
;
And
such
of
the
said
Canons
and
Prebendaries
,
as
by
the
Ordinances
of
the
said
Cathedral
and
Collegiate
Churches
doe
stand
bound
to
be
resident
in
the
same
,
shall
so
among
themselves
,
sort
and
proportion
the
times
of
the
Year
,
concerning
residence
to
be
kept
in
the
said
Churches
,
as
that
some
of
them
alwaies
shall
be
personally
resident
there
.
And
that
all
those
who
be
or
shall
be
residentiaries
in
any
Cathedral
or
Collegiate
Church
,
shall
after
the
dayes
of
their
Residence
appointed
by
their
Local
Statutes
or
Customs
expired
,
presently
repair
to
their
Benefices
,
or
some
one
of
them
,
or
to
some
other
Charge
where
the
Law
requireth
their
presence
,
there
to
discharge
their
duties
,
according
to
the
Law
in
that
Case
provided
;
And
the
Bishop
of
the
Diocess
shall
see
the
same
be
duly
performed
and
put
in
Execution
,
Can.
44.
CHAP.
VII
.
Of
the
Oath
which
every
Minister
is
to
take
before
his
Institution
to
a
Living
,
against
Simony
;
with
a
Recital
of
the
Statute
,
and
some
few
Cases
concerning
the
same
.
Symony
.
INtending
in
this
Chapter
to
Treat
of
the
detestable
sin
of
Simony
as
the
Canon
calls
it
:
I
shall
first
give
you
the
derivation
of
the
word
as
the
Lord
Cook
defines
it
,
then
shew
you
what
the
Canon
saith
concerning
it
,
and
how
the
Parliament
of
England
in
the
31
of
Queen
Elizabeth
hath
taken
care
to
prevent
it
,
and
lastly
the
Book
Cases
upon
it
.
The
Derivation
of
the
word
.
Simonia
est
vox
Ecclesiastica
,
à
Simone
illo
Mago
deducta
,
qui
donum
Spiritus
Sancti
pecuniis
emi
putavit
;
but
this
derivation
of
the
word
is
thought
by
some
to
be
most
properly
applicable
to
such
as
corruptly
give
Monies
to
get
into
Orders
,
and
not
to
such
as
give
Monies
to
be
Presented
to
a
Living
,
vide
C.
Inst.
3.
part
,
f.
153.
The
Oath
against
it
.
To
avoid
the
detestable
sin
of
Simony
,
because
buying
and
selling
of
Spiritual
and
Ecclesiastical
Functions
,
Offices
,
Promotions
,
Dignities
and
Livings
,
is
execrable
before
God
,
therefore
the
Archbishop
and
all
and
every
Bishop
or
Bishops
,
or
any
other
Person
or
Persons
having
Authority
to
Admit
,
Institute
,
Collate
,
Install
,
or
to
Confirm
the
Election
of
any
Arch-bishop
,
Bishop
,
or
other
Person
or
Persons
to
any
Spiritual
or
Ecclesiastical
Function
,
Dignity
,
Promotion
,
Title
,
Office
,
Jurisdiction
,
Place
or
Benefice
with
Cure
,
or
without
Cure
,
or
to
any
Ecclesiastical
Living
whatsoever
,
shall
before
every
such
Admission
,
Institution
,
Collation
,
Installation
,
or
Confirmation
of
Election
,
Respectively
Minister
to
every
Person
hereafter
to
be
Admitted
,
&c.
the
Oath
in
manner
and
form
following
,
the
same
to
be
taken
by
every
one
whom
it
concerneth
in
his
own
Person
and
not
by
Procter
:
I
N.
N.
do
Swear
that
I
have
made
no
Simoniacal
Payment
,
Contract
or
Promise
,
directly
or
indirectly
,
by
my self
,
or
by
any
other
to
my
knowledge
,
or
with
my
Consent
to
any
Person
or
Persons
whatsoever
,
for
or
concerning
the
procuring
and
obtaining
of
this
Ecclesiastical
Dignity
,
Place
,
Preferment
,
Office
or
Living
,
(
respectively
and
particularly
naming
the
same
,
whereunto
he
is
to
be
Admitted
,
Instituted
,
Collated
,
Installed
or
Confirmed
)
nor
will
at
any
time
hereafter
perform
or
satisfie
any
such
kind
of
Payment
,
Contract
or
Promise
,
made
by
any
other
without
my
knowledge
,
or
consent
,
so
help
me
God
through
Jesus
Christ
,
Can.
40.
The
Penalty
of
Symoniacal
Contra●is
.
By
the
31.
Eliz.
it
is
Enacted
,
That
if
any
Person
or
Persons
,
Bodies
Politick
and
Corporate
,
shall
or
do
for
any
Sum
of
Money
,
Reward
,
Gift
,
Profit
or
Benefit
,
directly
or
indirectly
,
or
for
or
by
reason
of
any
Promise
,
Agreement
,
Grant
,
Bond
,
Covenant
or
other
Assurance
of
or
for
any
Sum
of
Money
,
Reward
,
Gift
,
Profit
or
Benefit
whatsoever
,
directly
or
indirectly
Present
or
Collate
any
Person
to
any
Benefice
with
Cure
of
Souls
,
Dignity
,
Prebend
or
Living
Ecclesiastical
,
or
give
or
bestow
the
same
,
for
or
in
respect
of
any
such
corrupt
cause
or
consideration
,
That
then
every
such
Presentation
,
Collation
,
Gift
and
Bestowing
,
and
every
Admission
,
Institution
,
Investure
and
Induction
thereupon
shall
be
utterly
void
,
frustrate
,
and
of
none
effect
in
Law
.
And
that
it
shall
and
may
be
Lawful
to
and
for
the
Queens
Majesty
,
Her
Heirs
and
Successors
to
Present
,
Collate
unto
,
or
Give
or
Bestow
every
such
Benefice
,
Dignity
,
Prebend
and
Living
Ecclesiastical
,
for
that
one
time
or
Turn
only
;
And
that
every
Person
or
Persons
,
Bodies
Politick
and
Corporate
,
that
from
thenceforth
shall
give
or
take
any
such
Sum
of
Money
,
Reward
,
Gift
,
or
Benefit
directly
or
indirectly
,
or
that
shall
take
or
make
any
such
Promise
,
Grant
,
Bond
,
Covenant
,
or
other
Assurance
,
shall
forfeit
and
loose
the
double
value
of
one
years
profit
of
every
such
Benefice
,
Dignity
,
Prebend
,
and
Living
Ecclesiastical
;
And
the
Person
so
corruptly
taking
,
procuring
,
seeking
or
accepting
any
such
Benefice
,
Dignity
,
Prebend
or
Living
,
shall
thereupon
and
from
thenceforth
be
Adjudged
a
disabled
Person
in
Law
,
to
have
or
injoy
the
same
Benefice
,
Dignity
,
Prebend
,
or
Living
Ecclesiastical
,
31
Eliz.
cap.
6.
And
it
is
further
Enacted
,
That
if
The
Penalty
of
Simoniacal
Admissions
,
&c.
any
Person
for
any
Sum
of
Money
,
Reward
,
Gift
,
Profit
,
or
Commodity
whatsoever
directly
or
indirectly
(
other
than
for
usual
and
Lawful
Fees
)
or
for
,
or
by
reason
of
any
Promise
,
Agreement
,
Grant
,
Covenant
,
Bond
,
or
other
Assurance
,
of
or
for
any
Sum
of
Money
,
Reward
,
Gift
,
Profit
,
or
Benefit
whatsoever
,
directly
or
indirectly
Admit
,
Institute
,
Install
,
Induct
,
Invest
or
Place
any
Person
in
,
or
to
any
Benefice
with
Cure
of
Souls
,
Dignity
,
Prebend
or
other
Living
Ecclesiastical
,
That
then
every
such
Person
so
offending
,
shall
forfeit
and
loose
the
double
value
of
one
years
profit
,
of
every
such
Benefice
,
Dignity
,
Prebend
,
and
Living
Ecclesiastical
;
And
that
thereupon
immediately
from
and
after
the
Investing
,
Installation
or
Induction
thereof
had
,
the
same
Benefice
,
Dignity
,
Prebend
and
Living
Ecclesiastical
shall
be
meerly
void
;
And
that
the
Patron
or
Person
to
whom
the
Advowson
,
Gift
,
Presentation
or
Collation
shall
by
Law
appertain
,
shall
and
may
by
virtue
of
the
said
Act
,
Present
,
or
Collate
unto
,
Give
and
dispose
of
the
same
Benefice
,
Dignity
,
Prebend
or
Living
Ecclesiastical
,
in
such
sort
to
all
Intents
and
Purposes
,
as
if
the
Party
so
Admitted
,
Instituted
,
&c.
had
been
or
were
Naturally
dead
,
31
Eliz.
cap.
6.
The
Penalty
o●
Corrupt
Resignation
.
And
it
is
likewise
Enacted
,
That
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
same
,
directly
or
indirectly
,
any
Pension
,
Sum
of
Money
,
or
Benefit
whatsoever
,
That
then
as
well
the
Giver
as
the
Taker
of
any
such
Pension
,
&c.
shall
lose
double
the
value
of
the
sum
so
given
,
taken
or
had
,
the
one
Moiety
thereof
,
as
also
of
the
forfeiture
of
double
value
of
one
years
profit
before
mentioned
,
to
be
to
the
Queens
Majesty
Her
Heirs
and
Successors
,
and
the
other
to
him
or
them
that
will
Sue
for
the
same
in
any
of
Her
Majesties
Courts
of
Record
by
Action
of
Debt
,
&c.
But
note
that
no
Lapse
accrews
upon
any
Avoidance
by
this
Act
,
till
after
Six
Months
after
notice
given
of
such
Avoidance
by
the
Ordinary
to
the
Patron
;
neither
doth
it
take
away
or
restrain
the
power
of
the
Laws
Ecclesiastical
in
such
Cases
,
31
Eliz.
cap.
6.
It
is
also
Enacted
concerning
voices
The
Penalty
of
corruption
in
voices
,
&c.
in
Colleges
,
&c.
That
if
any
Person
or
Persons
,
Bodies
Politick
or
Corporate
,
which
have
Election
,
Presentation
,
Nomination
,
Voice
or
Consent
in
the
Choice
,
Election
,
Presentation
or
Nomination
,
of
any
Fellow
,
Schollar
or
other
Person
,
to
have
Room
or
Place
in
any
of
the
Churches
,
Colleges
,
Schools
,
Hospitals
,
Halls
or
Societies
within
this
Realm
,
shall
have
,
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
,
&c.
directly
or
indirectly
,
either
to
him
or
themselves
,
or
any
other
of
their
or
any
of
their
Friends
for
his
or
their
Voice
or
Voices
,
Assent
or
Assents
,
or
Consents
in
Electing
,
&c.
any
Officer
,
Fellow
,
Schollar
or
other
Person
to
have
any
Room
or
Place
in
any
of
the
said
Churches
,
Colleges
,
&c.
shall
be
void
;
And
that
then
as
well
the
Queens
Majesty
,
Her
Heirs
and
Successors
,
and
every
other
Person
or
Persons
,
and
their
Heirs
and
Successors
,
to
whom
the
Presentation
,
Donation
,
Gift
,
Election
or
Disposition
shall
of
Right
belong
or
appertain
,
of
any
such
of
the
said
Rooms
or
Places
of
the
said
Person
offending
as
aforesaid
,
shall
or
may
at
their
pleasure
Elect
,
&c.
any
other
Person
or
Persons
in
the
Room
or
Place
of
such
Person
or
Persons
so
offending
,
as
if
the
said
Person
or
Persons
so
offending
were
then
Naturally
dead
,
31
Eliz.
cap.
6.
Also
if
any
Fellow
,
Officer
or
Schollar
The
Penalty
of
corrupt
Resignation
of
a
Fellowship
,
&c.
of
any
of
the
said
Churches
,
Colleges
,
&c.
or
other
Persons
having
Room
or
Place
or
any
of
the
same
,
shall
directly
or
indirectly
take
or
receive
,
or
by
any
way
,
device
,
or
means
,
contract
to
agree
or
have
,
or
receive
any
Money
,
Reward
or
Profit
whatsoever
,
for
leaving
or
Resigning
up
of
the
same
his
Room
or
Place
,
for
any
other
to
be
placed
in
the
same
,
That
then
every
Person
so
taking
or
Contracting
,
or
agreeing
to
take
or
have
any
thing
for
the
same
,
shall
forfeit
and
lose
double
the
sum
of
Money
or
value
of
the
thing
so
received
,
&c.
And
every
Person
so
giving
Money
&c.
shall
be
uncapable
of
that
Place
or
Room
for
that
time
or
Turn
,
and
shall
not
be
taken
to
be
a
Lawful
Fellow
,
&c.
to
have
such
Room
or
Place
there
;
but
they
to
whom
it
shall
appertain
may
Elect
,
&c.
another
fit
Person
into
the
same
Room
or
Fellowship
,
as
if
the
said
Person
so
giving
Money
,
&c.
were
Naturally
dead
,
or
had
Resigned
and
Left
the
same
.
And
for
more
sincere
Election
,
&c.
The
Statute
to
be
read
every
Election
,
&c.
of
Fellows
,
Schollars
,
Officers
,
and
other
Persons
to
have
room
or
place
in
any
of
the
same
Churches
,
Colleges
,
&c.
At
the
time
of
every
such
Election
,
Presentation
or
Nomination
as
aforesaid
to
be
had
,
as
well
the
said
Statute
of
31
Eliz.
as
the
Orders
and
Statutes
of
the
same
places
concerning
such
Election
,
&c.
shall
then
and
there
be
publickly
read
,
upon
pain
that
every
Person
in
whom
default
shall
be
made
,
shall
forfeit
Forty
pounds
,
all
which
Forfeitures
shall
be
Sued
for
and
Recovered
in
any
of
Her
Majesties
Courts
of
Record
,
by
any
Person
or
Persons
,
Bodies
Politick
or
Corporate
that
will
Sue
for
the
same
,
one
Moiety
to
the
Party
Sueing
,
and
the
other
to
the
use
of
the
College
,
&c.
where
such
Offence
shall
be
committed
,
31
Eliz.
cap.
6.
Note
,
that
by
this
Statute
if
any
Simoniacal
Contract
makes
the
Presentation
void
,
&c.
Clerk
comes
to
a
Living
upon
a
Simoniacal
Contract
,
whether
he
be
privy
to
it
or
no
,
it
makes
the
Presentation
,
Admission
,
Institution
and
Induction
all
void
,
whereas
before
the
said
Statute
they
were
but
voidable
by
deprivation
;
And
if
a
Man
by
Usurpation
present
to
a
Benefice
,
by
reason
of
any
corrupt
Contract
,
Agreement
,
&c.
that
Presentation
and
the
Institution
and
Induction
thereupon
are
void
,
for
the
Act
extends
to
all
Patrons
as
well
by
wrong
as
by
right
,
with
this
difference
,
that
where
any
presents
by
Usurpation
,
the
Right
Patron
and
not
the
King
shall
present
,
for
otherwise
every
Rightful
Patron
may
lose
his
Presentation
;
And
such
an
Incumbent
that
cometh
in
by
the
Lawful
Patron
,
by
reason
of
any
such
corrupt
Agreement
,
if
he
be
privy
to
the
same
,
is
so
absolutely
disabled
for
ever
after
to
be
presented
to
that
Church
,
as
the
King
himself
to
whom
the
Law
giveth
the
Title
of
Presentation
in
that
Case
,
cannot
present
him
again
to
that
Church
,
for
the
Act
being
made
for
suppression
of
Simony
and
such
corrupt
Agreements
,
so
binds
the
King
in
that
Case
,
that
he
cannot
present
him
that
the
Law
hath
disabled
;
for
the
words
of
the
Statute
be
,
shall
thereupon
,
and
from
thenceforth
be
Adjudged
a
disabled
Person
in
Law
to
have
or
injoy
the
same
Benefice
;
And
the
party
being
disabled
by
the
Act
of
Parliament
which
(
being
an
absolute
and
direct
Law
)
the
King
cannot
dispense
therewith
no
more
than
with
the
Common
Law
,
by
any
Grant
,
&c.
with
a
Non
obstante
,
as
he
may
do
when
any
thing
is
Prohibited
sub
modo
,
as
upon
a
penalty
given
to
the
King
,
or
to
the
King
and
the
Informer
;
but
if
the
Incumbent
were
not
privy
to
,
or
did
know
of
the
corrupt
Agreement
,
&c.
then
he
shall
not
be
accounted
a
disabled
Person
within
the
said
Act
to
be
presented
de
novo
;
And
note
that
this
Act
doth
not
only
extend
to
Benefices
with
Cure
,
but
to
Donatives
,
Dignities
,
Deanries
,
Prebends
and
all
other
Ecclesiastical
Livings
,
Co.
Lit.
f.
120.
a.
Co.
3.
part
,
Inst.
f.
153
,
154
,
155.
&
vide
M.
42.
43.
Eliz.
C.
B.
Rot.
3333.
Baker
and
Roger's
Case
,
Cro.
Eliz.
f.
788.
pl.
30.
and
M.
Rep.
f.
914.
pl.
1292.
see
also
M.
13.
Jac.
B.
R.
the
King
and
Bishop
of
Norwich
,
and
Cole
and
Saker's
Case
,
Roll's
Rep.
1.
part
,
f.
235.
pl.
7.
Cro.
Jac.
f.
385.
pl.
16.
Hob.
Rep.
f.
75.
&
Boulstr
.
Rep.
3.
part
,
f.
88.
vide
Plo.
Com.
f.
502.
2.
H.
7.
6.
11.
H.
7.
11.
Hetlye's
Rep.
f.
51.
&
M.
9.
Car.
1.
B.
R.
Bawderoicke
and
Mackaller's
Case
,
Cro.
Car.
f.
330.
pl.
15.
M.
10.
Jac.
Stamford
and
Hutchinson's
Case
,
Cro.
Rep.
12.
Lib.
f.
101.
A
Wife
may
Contract
Simony
.
If
one
Contract
with
the
Wife
of
the
Patron
to
be
presented
for
Money
,
and
is
presented
accordingly
by
the
Husband
,
this
is
Simony
within
the
Statute
31
Eliz.
and
makes
the
Presentation
void
,
for
27
H.
8.
26.
the
Contract
of
the
Wife
is
the
Contract
of
the
Husband
,
and
30
Eliz.
3.
39.
he
ought
to
declare
accordingly
,
and
if
the
Contract
be
made
with
the
Patron
by
a
meer
Stranger
,
it
makes
the
Presentation
void
;
Roll's
Rep.
1.
part
,
f.
236.
Cro.
Jac.
f.
385.
Boulstr
.
Rep.
2.
part
,
f.
182.
&
3.
part
,
f.
90.
Guardian
in
Seccage
cannot
Present
.
Simony
is
odious
in
the
Eye
of
the
Common
Law
,
for
a
Guardian
in
Soccage
of
a
Mannor
whereunto
an
Advowson
is
appendant
,
shall
not
present
to
the
Church
,
because
he
can
take
nothing
for
the
Presentation
,
for
the
which
he
may
account
to
the
Heir
,
and
therefore
the
Heir
in
that
Case
shall
Present
of
what
Age
soever
he
be
;
and
the
Common
Law
would
have
the
Patron
so
far
from
Simony
,
as
it
denied
him
to
Recover
Damages
in
a
Quare
Impedit
,
or
Assize
of
Darrein
Presentment
before
the
Statute
of
Westminster
,
2.
cap.
5.
and
it
is
the
more
odious
because
it
is
ever
accompanied
with
Perjury
,
for
the
Presentee
is
Sworn
to
Commit
no
Simony
,
as
appears
by
the
Oath
before
mentioned
in
this
Chapter
;
vide
Co.
Inst.
3.
part
,
f.
196.
F.
N.
B.
33.
T.
7.
E.
3.
39.
a.
Co.
2.
part
,
Inst.
f.
362
,
363.
&
Co.
Rep.
6.
Lib.
f.
51.
and
it
hath
been
agreed
by
the
Court
of
Common
Pleas
that
Simony
is
most
properly
Triable
in
the
Spiritual
Court
;
M.
40.
Eliz.
C.
B.
Reishye
and
Wentworth's
Case
,
Cro.
Eliz.
f.
642.
pl.
42.
M.
3.
Jac.
Close
Case
;
M.
Rep.
f.
777.
pl.
1077.
A
contract
when
the
Parson
is
sick
,
is
Simony
.
Note
,
that
it
hath
been
held
,
and
so
adjudged
in
Chancery
as
the
Book
saith
,
That
if
a
Man
obtain
a
grant
of
the
next
avoidance
for
money
,
when
the
Parson
is
sick
in
his
Bed
ready
to
dye
,
it
is
Simony
,
for
the
Statute
is
,
if
the
contract
be
made
directly
or
indirectly
,
by
any
way
or
means
,
P.
21
Jac.
C.
B.
Shelden
and
Bret's
Case
,
Winch
Rep.
f.
63.
and
see
P.
4
Jac.
C.
B.
Rot.
1926.
Winchcombe
and
Bishop
of
Winchester
and
Puleston's
Case
,
M.
Rep.
f.
877.
pl.
1231.
Noye's
Rep.
f.
25.
&
Hob.
Rep.
f.
165.
In
Case
where
Bond
,
or
other
assurance
,
Bonds
,
&c.
for
mo
eys
no●
void
.
promise
,
&c.
is
made
for
moneys
,
to
be
presented
to
a
Benefice
,
though
the
Simoniacall
contract
,
make
the
Presentation
,
&c.
void
,
yet
the
Statute
doth
not
make
the
Bond
,
Promise
,
&c.
for
the
money
void
,
and
so
it
was
adjudged
,
P.
40
Eliz.
C.
B.
Rot.
1745.
in
Gregory
and
Oldbury's
Case
,
cited
by
the
Lord
Cook
in
the
Margin
of
his
3
part
,
Inst.
f.
153
M.
Rep.
f.
564.
pl.
769.
&
Boulstr
.
Rep.
2
part
,
f.
182.
Note
this
Case
following
,
where
a
What
contract
no
Simony
.
contract
was
made
with
the
Patron
,
for
the
next
avoidance
,
the
Parson
being
then
sick
,
and
yet
adjudged
no
Simony
,
as
Crook
reports
it
,
the
Case
was
this
,
the
Father
of
one
Smith
,
came
with
his
Son
to
the
Patron
,
the
Parson
being
then
sick
,
and
in
the
presence
of
his
Son
,
contracted
with
the
Patron
for
the
next
avoidance
to
the
Church
,
for
100
pounds
,
who
thereupon
made
a
grant
thereof
,
the
Parson
afterwards
dyes
,
and
the
Father
presents
his
Son
,
who
is
Admitted
,
Instituted
and
Inducted
into
the
Living
,
and
was
sued
in
the
Spiritual
Court
to
be
deprived
for
Simony
,
and
thereupon
a
Prohibition
was
granted
,
and
it
was
adjudged
to
be
no
Simony
,
and
the
reasons
there
given
are
,
that
the
Father
might
buy
the
Advowson
,
and
present
his
Son
,
and
it
is
no
Simony
,
in
any
to
buy
an
Advowson
.
And
although
the
Son
here
was
privy
thereto
,
yet
it
is
not
material
,
for
it
being
no
offence
in
the
Father
,
who
was
Principal
,
it
cannot
be
an
offence
in
the
Son
,
who
is
but
Accessary
;
for
there
cannot
be
a
particeps
criminis
,
where
there
was
not
any
crime
committed
,
but
if
the
Parson
himself
had
contracted
for
a
Benefice
,
to
the
intent
another
should
present
him
,
that
is
Simony
;
But
the
Father
is
bound
by
Nature
to
provide
for
his
Son
,
and
therefore
his
buying
an
Advowson
to
the
intent
to
provide
for
his
Son
,
is
not
any
Simony
,
and
of
this
Opinion
were
three
of
the
Justices
,
but
Anderson
was
of
a
contrary
Opinion
,
but
was
over
ruled
by
the
other
three
,
P.
41
Eliz.
C.
B.
Rot.
1001
,
Smith
and
Shelbourn's
Case
,
Cro.
Eliz.
f.
685.
pl.
21.
but
this
same
Case
being
reported
by
Moore
,
f.
916.
pl.
1299.
he
saith
that
it
was
clearly
agreed
to
be
Simony
,
but
all
the
Justices
,
except
Anderson
,
held
it
to
be
no
Simony
if
the
Son
had
not
been
privy
to
the
bargain
,
Ideo
Quaere
,
&
vide
39
Eliz.
Buck's
Case
,
&
3
Jac.
Freeman
and
English
●s
Case
,
Hughes
cap.
16.
P.
3.
Car.
1.
B.
R.
Rot.
362.
Godb.
Rep.
f.
390.
pl.
475.
&
f.
435.
pl.
500.
Noye's
Rep.
f.
25.
What
contract
no
Simony
.
In
an
Ejection
firm
the
point
was
,
the
Patron
takes
an
Obligation
of
the
Clerk
,
(
which
he
presented
)
that
he
should
pay
ten
pounds
yearly
to
the
Son
of
the
last
Incumbent
,
so
long
as
he
should
be
a
Student
in
Cambridge
unpreferr'd
:
And
this
was
adjudged
to
be
no
Simony
,
but
if
it
had
been
to
have
paid
ten
pounds
to
the
Son
of
the
Patron
,
&c.
then
it
had
been
Simony
.
And
Justice
Foster
,
vouched
the
Earl
of
Sussex's
Case
,
an
Obligation
made
by
the
Presentee
to
the
Patron
,
to
pay
fifty
pounds
yearly
to
the
Wife
and
Children
of
the
last
Incumbent
,
and
held
to
be
no
Simony
,
Baker
and
Mountford's
Case
,
Noye's
Rep.
f.
142.
What
Covenant
no
Simony
.
And
if
a
Father
in
Law
,
upon
the
Marriage
of
his
Daughter
,
Covenant
with
his
Son
in
Law
,
without
any
consideration
but
voluntarily
,
that
he
will
procure
him
to
be
Presented
,
Admitted
,
Instituted
,
and
Inducted
into
such
Benefice
upon
the
next
avoidance
of
the
same
Church
,
this
is
no
Simony
,
but
if
such
a
Covenant
had
been
made
in
consideration
of
Marriage
of
his
Daughter
,
&c.
or
other
consideration
that
he
would
procure
him
to
be
presented
,
&c.
to
such
a
Church
that
had
been
a
Simoniacal
contract
,
M.
11
Car.
1.
B.
R.
Birte
and
Manning's
Case
,
Cro.
Car.
f.
425.
pl.
16.
Obligation
●o
resign
no
●imony
.
In
debt
upon
an
Oligation
for
a
thousand
Marks
,
the
Case
was
thus
,
that
whereas
the
Obligee
had
procured
from
Queen
Elizabeth
,
Letters
of
Presentation
to
the
Church
of
Sretham
,
to
which
he
intended
to
present
his
Son
,
breeding
him
a
Schollar
after
he
should
attain
the
Age
of
24
Years
,
and
in
the
mean
time
presented
one
Lawrence
,
and
after
Institution
and
Induction
,
&c.
took
the
Bond
abovesaid
of
him
,
that
if
after
his
Son
was
of
Age
and
Capacitated
,
he
should
absolutely
resign
the
said
Benefice
within
three
Months
after
request
to
him
made
,
then
the
Obligation
to
be
void
,
otherwise
to
remain
in
full
force
and
virtue
;
to
this
the
Defendant
Lawrence
pleaded
non
requisitus
,
which
upon
the
Tryal
was
found
against
him
,
and
it
was
moved
in
Arrest
of
Judgment
,
that
it
appeared
by
the
condition
of
the
Bond
,
to
be
a
Simoniacal
contract
,
and
against
Law
,
and
therefore
the
Obligation
void
,
but
notwithstanding
,
the
Court
gave
Judgment
for
the
Plaintiff
;
And
afterwards
a
Writ
of
Error
being
brought
,
the
Principal
Error
insisted
upon
was
that
this
condition
is
against
Law
,
being
for
Simony
,
but
all
the
Judges
of
the
Common
Pleas
,
and
Barons
of
the
Exchequer
held
,
that
the
Obligation
and
condition
were
good
enough
;
for
a
Man
may
bind
himself
to
resign
and
it
is
not
unlawfull
,
but
may
be
upon
good
and
valuable
reasons
without
any
colour
of
Simony
;
as
to
be
obliged
to
resign
if
he
take
a
second
Benefice
,
or
if
he
be
non
resident
by
the
space
of
so
many
Months
,
or
as
this
Case
is
to
resign
upon
request
,
if
the
Patron
will
present
his
Son
thereto
when
he
should
be
capable
to
take
it
.
But
if
it
had
been
averred
,
that
it
was
per
colorem
Simonii
,
viz.
if
he
did
not
suffer
the
Patron
to
injoy
a
Lease
of
the
Glebe
or
Tythes
,
or
if
he
did
not
pay
such
a
sum
of
money
,
that
had
been
Simony
,
and
it
is
possible
might
have
made
the
Obligation
void
,
but
in
this
Case
there
is
no
such
thing
,
and
so
adjudged
no
Simony
,
Tr.
8
Jac.
Rot.
1130.
B.
R.
Jones
and
Lawrence's
Case
,
Cro.
Jac.
f.
248.
pl.
8.
&
274.
pl.
2.
Also
in
Hill.
15
Car.
1.
an
action
of
debt
brought
upon
a
Bond
conditioned
Bond
to
resign
●o
Simony
,
without
●●●●ment
,
&c.
whereas
the
Plaintiff
intended
to
present
the
Defendant
to
such
a
Benefice
,
that
if
at
any
time
,
after
his
Admission
,
Institution
and
Induction
,
at
the
Plaintiff's
request
he
should
resign
the
said
Benefice
into
the
hands
of
the
Ordinary
,
that
then
&c.
upon
Oyer
of
the
condition
,
the
Defendant
demurred
generally
,
&c.
and
upon
argument
his
Council
shewed
,
that
the
condition
being
to
resign
when
the
Patron
should
request
,
it
was
Simony
and
against
Law
,
and
so
the
Bond
void
,
but
all
the
Court
held
the
contrary
,
but
if
it
had
been
averred
,
that
the
Obligation
was
made
per
colorem
Simonii
,
as
to
bind
the
Presentee
to
pay
such
a
summ
of
money
,
or
to
make
a
Lease
of
the
Tythes
,
or
other
Act
which
appears
in
it self
to
be
Simony
,
then
upon
such
a
Plea
,
peradventure
it
might
have
appeared
to
the
Court
to
have
been
Simony
,
and
so
the
Bond
questionable
;
But
as
it
is
here
it
doth
not
appear
,
that
there
is
any
Simony
,
for
such
a
Bond
to
cause
him
to
resign
,
may
be
good
and
upon
good
reason
and
discretion
required
by
the
Patron
,
viz.
if
he
be
not
resident
,
or
takes
a
second
Benefice
by
Qualification
,
&c.
or
intended
to
present
his
Son
when
qualified
as
in
the
last
Case
,
and
for
these
reasons
,
judgment
was
given
for
the
Plaintiff
;
H.
15
Car.
1.
B.
R.
Babington
and
Wood's
Case
,
Cro.
Car.
f.
180.
pl.
4.
Hut
.
Rep.
f.
110
&
Jone's
f.
Rep.
220.
pl.
1.
&
vide
M
43
,
44
Eliz.
C.
B.
Webb
and
Hargrave's
Case
,
M.
Rep.
f.
641.
pl.
883.
Indeed
there
is
a
Case
in
Noy
,
where
it
is
said
,
that
the
Court
held
it
to
be
Averment
requisite
to
make
a
Bond
Simonical
.
Simony
,
where
the
Patron
had
presented
one
,
and
taken
Bond
of
him
,
to
resign
when
the
Patron
pleased
,
after
three
Months
warning
,
but
the
reasons
are
not
set
down
in
the
Book
,
so
I
suppose
the
condition
hath
been
general
to
resign
and
averment
made
by
the
Presentee
,
that
it
was
per
colorem
Simonii
,
&c.
as
is
shewed
before
,
Tr.
15
Jac.
C.
B.
Rot.
2051.
Sir
John
Pascal
and
Clarke's
Case
,
Noye's
Rep.
f.
22.
There
is
also
another
Case
in
Roll's
,
which
contradicts
this
in
Noy
,
besides
Bond
to
resign
no
Simony
,
&c.
the
two
beforementioned
,
so
that
it
can
be
of
no
great
Authority
,
the
Case
was
thus
,
A.
was
bound
to
B.
that
whereas
A.
within
a
short
time
was
to
be
Presented
,
Instituted
and
Inducted
into
a
Benefice
,
if
therefore
after
his
Admission
,
Institution
and
Induction
at
all
times
,
upon
request
of
B.
his
Heirs
,
Executors
,
or
Administrators
,
he
should
resign
the
same
to
the
Ordinary
or
Guardian
of
the
Spiritualities
for
the
time
being
,
so
that
B.
his
Heirs
,
or
Assigns
,
Patrons
of
the
said
Church
,
may
present
anew
to
the
same
,
discharged
of
all
Incumbrances
,
made
or
suffered
by
A.
then
the
same
Obligation
to
be
void
,
otherwise
,
&c.
and
this
upon
demurrer
,
was
held
to
be
a
good
condition
,
without
averment
,
that
it
was
for
a
Simoniacal
purpose
,
for
otherwise
it
doth
not
appear
to
the
Court
to
be
so
,
and
there
is
a
difference
between
malum
inse
,
against
the
Common
Law
,
and
malum
prohibitum
,
by
Statute
Law
,
or
by
the
Civil
or
Ca●on
Law
,
whereof
the
Judges
at
Common
Law
take
no
notice
;
and
it
is
there
further
said
,
that
if
the
condition
were
that
after
the
Institution
and
Induction
into
the
Church
,
the
Obliger
shall
at
all
times
afterwards
be
Ordinarily
resident
,
and
serving
the
cure
of
the
said
Benefice
without
absence
,
by
80
daies
in
any
one
Year
,
during
the
time
that
he
shall
be
Parson
there
,
this
is
a
good
condition
,
without
any
averment
to
be
taken
for
any
Simoniacal
purpose
,
M.
14
Car.
1.
B.
R.
Carey
and
Yeo's
Case
,
Intratur
H.
13
Car.
1
Rot.
445.
Roll's
Cases
,
1
part
,
f.
417.
V.
1
,
2.
&
vide
Co.
Inst.
3
part
,
f.
153.
in
the
Margin
.
Simoniacal
promise
void
.
A
Parson
did
promise
a
Man
,
that
if
he
would
bestow
his
labour
and
pains
to
procure
him
to
be
Presented
,
Instituted
and
Inducted
into
the
Chapel
of
the
Tower
,
being
then
void
,
and
a
Donative
in
the
King's
Gift
,
that
he
would
pay
him
twenty
pounds
upon
request
,
whereupon
he
did
procure
him
to
be
presented
,
&c.
to
the
same
,
and
then
required
his
money
,
which
the
Parson
refused
to
pay
,
and
thereupon
he
brought
his
Action
in
the
Court
of
the
Tower
of
London
,
and
had
a
Verdict
and
Judgment
for
the
money
,
upon
which
the
Parson
brought
a
Writ
of
Error
,
and
it
was
agreed
that
the
Judgment
was
Erronious
,
for
the
consideration
was
Simoniacal
and
against
Law
,
and
no
good
consideration
,
and
therefore
the
promise
not
good
,
and
so
the
Judgment
was
reversed
,
as
Justice
Jones
reports
it
,
but
in
Justice
Crook's
reports
,
it
is
there
said
,
that
the
Declaration
was
held
not
to
be
good
,
for
the
Plaintiff
had
laid
the
promise
to
pay
after
the
Defendant
was
Rector
,
and
shews
that
he
was
Rector
by
his
procurement
upon
the
said
promise
,
which
could
not
be
,
for
he
was
never
Rector
,
but
a
Person
utterly
disabled
to
be
a
Parson
by
this
Simoniacal
contract
,
as
by
the
13
Eliz.
for
not
reading
the
Articles
of
Religion
,
M.
9
Car.
1
B.
R.
Mackaller
and
Todderick's
Case
,
Jone's
Rep.
f.
341.
pl.
1
Cro.
Car.
f.
337.
pl.
24.
&
353.
pl.
18.
&
361.
pl.
2.
and
Roll's
Cases
,
1
part
,
f.
18.
The
King's
turn
lost
when
.
If
a
Clerk
be
Presented
by
Simony
,
and
be
Instituted
and
Inducted
into
the
Living
,
and
dye
possessed
thereof
,
yet
this
doth
not
take
away
the
King's
turn
,
but
he
may
present
after
the
Incumbent's
Death
,
if
he
please
,
but
if
the
Incumbent
in
his
Life
time
resign
or
the
like
,
and
a
new
Clerk
were
presented
and
dyed
,
then
the
King's
turn
had
been
lost
;
and
if
a
Patron
contract
with
one
for
Simony
,
and
then
present
another
without
Simony
,
the
King
gains
nothing
,
for
there
must
be
an
actual
,
though
not
an
effectual
Presentation
;
but
if
once
the
Patron
have
presented
by
Simony
,
the
King
is
straightwaies
Interested
,
(
though
no
Admission
follow
)
by
the
express
words
of
the
Statute
;
but
where
the
Patron
is
Innocent
,
and
the
Simony
begins
in
the
Institution
and
Induction
,
there
the
Church
is
void
from
the
Induction
only
,
and
the
Patron
shall
present
de
novo
(
because
no
fault
in
him
)
and
not
the
King
;
And
so
where
a
Clerk
gets
Orders
by
Simony
,
and
obtains
a
Living
within
Seven
Years
Lawfully
,
in
this
Case
it
is
void
from
the
Induction
,
as
if
he
were
Dead
,
and
the
Patron
shall
present
again
and
not
the
King
,
see
P.
14
Jac.
C.
B.
Rot.
1026
Winchcome
and
Bishop
of
Winchester
and
Puleston's
Case
,
Hob.
Rep.
f.
165
,
166
,
167.
Noye's
Rep.
f.
25.
&
M.
Rep.
f.
877.
pl.
1231.
Presentment
by
Simony
,
serves
for
a
turn
.
If
one
who
hath
the
grant
of
the
next
avoidance
to
a
Church
present
by
Simony
,
and
his
Clerk
is
received
,
he
shall
never
present
again
,
as
taking
this
to
be
void
,
and
so
his
turn
to
remain
,
for
as
to
him
it
is
full
,
and
he
shall
not
disable
his
own
Act
:
And
if
a
Parson
who
comes
in
by
Simony
,
sue
for
Tythes
in
the
Ecclesiastical
Court
,
or
for
his
treble
damages
at
Common
Law
,
his
Parishioners
may
plead
him
no
Parson
because
of
his
Simony
;
for
otherwise
,
if
the
King
should
present
and
his
Clerk
be
received
,
he
must
not
pay
both
,
and
to
whom
he
shall
pay
,
it
is
at
his
peril
upon
the
Simony
or
not
,
and
if
the
Ordinary
refuse
his
Plea
,
he
may
have
a
Prohibition
,
for
it
is
made
void
by
a
Statute
Law
,
by
which
the
Spiritual
Courts
are
bound
,
Hob.
Rep.
f.
168.
Noye's
Rep.
f.
25.
and
see
Tr
10.
Jac.
C.
B.
Dr.
Hutchinson's
son's
Case
,
Godb.
Rep.
f.
202.
pl.
288.
Note
,
that
the
Clause
of
the
Act
of
Precipitate
Admissions
,
&c.
to
be
avoided
,
Parliament
(
mentioned
before
in
this
Chapter
)
which
saith
,
that
if
any
Person
shall
for
any
sum
of
Money
,
&c.
other
than
for
usual
Fees
,
Admit
,
Institute
,
&c.
that
every
Person
so
offending
shall
lose
double
value
,
of
one
years
profit
of
every
such
Benefice
,
&c.
and
that
immediately
after
the
Induction
such
Benefice
shall
be
meerly
void
,
&c.
was
made
as
the
Lord
Cook
saith
(
who
was
a
Member
of
that
Parliament
)
to
avoid
hasty
and
precipitate
Admissions
,
Institutions
,
&c.
to
the
prejudice
of
them
that
have
Right
to
present
,
by
putting
them
to
a
Quare
Impedit
,
for
no
such
hast
or
precipitation
is
used
but
for
Reward
,
&c.
as
it
is
to
be
presumed
;
for
there
be
two
great
Enemies
to
Justice
and
Right
,
viz.
Praecipitatio
,
&
morosa
Cunctatio
,
and
although
the
Church
be
full
by
the
Institution
,
&c.
against
all
but
the
King
,
yet
the
Church
becometh
not
void
by
this
branch
of
this
Act
,
untill
after
Induction
,
neither
doth
it
Incapacitate
the
Clerk
from
whom
such
sum
of
Money
or
Reward
was
exacted
above
the
usual
Fees
,
but
that
he
may
be
presented
again
to
the
same
Living
;
and
in
all
the
Cases
before
mentioned
,
where
it
is
said
that
they
shall
forfeit
and
lose
the
double
value
of
one
years
profit
,
&c.
this
shall
be
accounted
according
to
the
true
value
,
as
the
same
Living
may
be
Letten
,
and
shall
be
Tryed
by
a
Jury
,
and
not
according
to
the
Extent
or
Taxation
of
the
Church
,
whereof
one
was
made
both
of
the
Spiritualities
and
Temporalities
in
the
28
E.
1.
Anno
Dom.
1292.
in
the
time
of
Pope
Nicholas
the
Third
,
and
the
other
in
the
26
H.
8.
Anno
Dom.
1535.
in
the
time
of
Pope
Paul
the
Third
,
but
this
last
Taxation
(
which
is
now
the
Rule
they
go
by
in
the
First
Fruits
Office
)
was
made
after
the
Popes
Authority
was
denyed
here
in
England
,
vide
Co.
Inst.
3.
part
,
f.
154.
CHAP.
VIII
.
Of
the
First
Fruits
,
Tenths
,
Dilapidations
,
and
Mortuaries
.
Court
of
the
First
Fruits
dissolved
.
OBserve
that
in
the
time
of
H.
8.
when
the
First
Fruits
were
annexed
to
the
Crown
,
there
was
a
Court
of
First
Fruits
and
Tenths
instituted
and
appointed
by
the
32
H.
8.
cap.
45.
consisting
of
a
Chancellor
,
Treasurer
,
King's
Attorney
,
two
Auditors
,
and
two
Clerks
,
a
Messinger
and
an
Usher
,
with
Authority
given
to
Compound
for
First
Fruits
,
and
that
Bonds
taken
therefore
should
be
of
the
force
of
a
Statute
Staple
;
but
this
Court
was
Dissolved
by
Queen
Mary
,
1.
Mar.
2.
Sess.
cap.
10.
and
all
the
Clergy
Exonerated
and
Discharged
from
the
payment
of
First
Fruits
and
Tenths
given
to
the
Crown
by
the
26
H.
8.
cap.
3.
and
this
was
Enacted
by
2.
&
3.
p.
M.
cap.
4.
First
Fruits
Rest●●ed
to
the
Crown
.
But
afterwards
the
Stat.
26
H.
8.
cap.
3.
was
revived
,
and
First
Fruits
and
Tenths
of
the
Clergy
Reunited
to
the
Crown
,
by
1
Eliz.
cap.
4.
but
no
Court
is
revived
,
but
First
Fruits
and
Tenths
to
be
within
the
Rule
,
Survey
and
Government
of
the
Exchequer
,
and
a
new
Office
and
Officer
was
Created
,
viz.
a
Remembrancer
of
the
First
Fruits
and
Tenths
of
the
Clergy
,
who
taketh
all
Compositions
for
the
First
Fruits
and
Tenths
,
and
makes
process
against
such
as
pay
not
the
same
;
and
note
that
the
First
Fruits
,
are
the
profits
for
one
whole
year
,
of
every
Spiritual
Living
after
Avoidance
(
except
Vicarages
not
exceeding
Ten
pounds
,
and
Parsonages
not
exceeding
Ten
Marks
in
the
King's
Books
according
to
the
Taxation
made
in
the
26
H.
8.
and
now
remaining
in
the
Exchequer
)
but
all
are
to
pay
Tenths
,
1
Eliz.
cap.
4.
Co.
Inst.
4.
part
,
f.
120.
First
F●●i●s
given
to
●●e
King
.
By
the
Stat.
26
H.
8.
it
is
Enacted
that
the
King's
Highness
,
His
Heirs
●nd
Successors
Kings
of
England
shall
have
and
enjoy
from
time
to
time
to
endure
for
ever
,
of
every
such
Person
and
Persons
as
shall
be
Nominated
,
Elected
,
Preferred
,
Presented
,
Collated
,
or
by
any
other
means
appointed
to
have
any
Arch-bishoprick
,
Bishoprick
,
College
,
Hospital
,
Arch
deaconry
,
Deanry
,
Provost-ship
,
Prebend
,
Parsonage
,
Vicarage
,
or
other
Dignity
,
Benefice
,
Office
,
or
Promotion
Spiritual
within
this
Realm
,
or
elsewhere
within
any
of
the
King's
Dominions
,
of
what
Name
,
Nature
or
Quality
soever
they
be
,
or
to
whose
Foundation
,
Patronage
or
Gift
soever
they
belong
,
the
First
Fruits
,
Revenues
and
Profits
for
one
year
of
every
such
Arch-bishoprick
,
Bishoprick
,
&c.
And
that
every
such
Person
and
Persons
before
any
Actual
or
Real
possession
or
medling
with
the
Profits
thereof
,
shall
satisfie
,
content
and
pay
,
or
compound
or
agree
to
pay
to
the
King's
use
at
reasonable
dayes
,
upon
good
Suerties
the
said
First
Fruits
and
Profits
for
one
year
;
and
all
Writings
Obligatory
taken
or
the
payment
of
the
same
,
by
any
Person
deputed
to
Compound
for
the
First
Fruits
,
shall
be
of
the
same
strength
,
quality
and
force
,
to
all
I●●●nts
,
as
Writings
Obligatory
made
by
any
Lay
Person
by
Authority
of
the
S●atute
Staple
;
And
if
any
Person
or
Persons
〈…〉
said
do
enter
into
the
●ea●
and
〈…〉
of
any
of
the
〈…〉
aforesaid
,
〈…〉
thereof
,
〈…〉
he
First
Fruits
,
or
compounded
and
given
Suerties
as
aforesaid
to
pay
the
same
:
Then
every
such
Person
so
offending
,
and
being
Convicted
by
Presentment
,
Verdict
,
Confession
or
Witnesses
before
such
as
have
Authority
to
Compound
the
same
,
shall
be
taken
as
an
Intruder
upon
the
King's
Possession
,
and
they
their
Heirs
,
Executors
or
Administrators
shall
pay
double
the
value
of
the
said
First
Fruits
and
Profits
of
such
Dignity
,
&c.
wherein
they
shall
so
enter
before
Payment
or
Agreement
for
the
same
;
but
Arch-bishops
and
Bishops
and
all
other
having
Ordinary
Jurisdiction
,
may
give
and
deliver
Letters
of
Institution
and
Induction
as
they
might
do
before
the
making
of
the
said
Act
,
notwithstanding
the
same
,
26
H.
8.
cap.
3.
Tenths
given
to
the
King
.
And
it
is
also
further
Enacted
by
the
said
Statute
,
that
there
shall
be
paid
yearly
for
ever
to
the
King
,
His
Heirs
and
Successors
,
one
yearly
Rent
or
Pension
amounting
to
the
value
of
the
Tenth
part
of
the
Profits
of
all
and
every
Benefice
or
Promotion
Spiritual
,
&c.
as
abovesaid
according
to
the
Taxation
in
the
King's
Exchequer
aforesaid
,
to
be
paid
yearly
befo●●
〈◊〉
first
day
of
April
,
and
every
Arch-bishop
and
Bishop
within
their
proper
Diocess
,
as
well
within
places
exempt
as
not
exempt
,
and
in
time
of
Vacation
the
Dean
and
Chapter
of
the
Cathedral
Church
,
shall
Collect
and
Receive
the
same
,
and
pay
in
the
said
Sums
yearly
before
the
last
day
of
May
,
7
E.
6.
cap.
4.
to
such
Persons
as
have
Authority
to
receive
the
same
;
And
every
of
the
said
Arch-bishops
and
Bishops
,
their
Executors
and
Administrators
and
Possessions
of
their
Dignities
and
Churches
,
shall
stand
Charged
and
Chargable
for
the
same
Sums
of
Money
which
they
shall
Collect
and
Receive
of
the
said
yearly
Rent
or
Pension
;
and
the
Bishop
of
Norwich
and
his
Successors
,
and
in
the
time
of
Vacation
the
Dean
and
Chapter
of
the
Cathedral
Church
of
Norwich
are
to
gather
the
same
within
that
Diocess
,
by
the
Statute
32
H.
8.
cap.
47.
and
the
Rents
and
Pensions
reserved
by
H.
8.
out
of
the
Five
new
Bishopricks
Established
by
him
to
wit
,
Chester
,
Glocester
,
Peterborough
,
Bristol
and
Oxford
,
which
by
the
34
and
35
H.
8.
c.
17.
were
to
be
paid
into
the
Court
of
First
Fruits
and
Tenths
,
are
made
payable
by
the
1
Eliz.
to
the
same
Persons
who
receive
the
First
Fruits
and
Tenths
of
the
other
Clergy
,
1
Eliz.
c.
4.
Process
to
be
made
out
for
non-payment
of
Tenths
.
And
by
the
26
H.
8.
cap.
3.
It
is
further
Enacted
,
That
the
Treasurer
,
Chancellor
and
Barons
of
the
King's
Exchequer
,
shall
yearly
cause
Process
to
be
made
by
their
Discretions
for
Non
payment
of
the
Tenths
or
any
part
thereof
,
against
every
Arch-bishop
and
Bishop
of
this
Realm
,
for
so
much
as
the
Dignities
,
Benefices
,
&c.
within
their
several
Diocesses
are
Taxed
and
Charged
at
;
every
of
the
said
Arch-bishops
and
Bishops
to
be
Charged
only
for
so
much
as
is
within
his
own
Diocess
;
And
the
Arch-bishops
and
Bishops
have
Power
and
Authority
by
the
said
Act
,
to
levy
,
take
and
perceive
by
Authority
of
Censures
of
the
Church
,
or
by
Distress
or
otherwise
by
their
Discretion
,
all
such
Sums
of
Money
as
are
Rated
for
the
said
Tenths
,
upon
the
Lands
,
Tenements
,
Profits
,
&c.
of
all
such
Spiritual
Promotions
as
aforesaid
within
their
Diocess
;
And
no
Replevin
,
Prohibition
nor
Supersedeas
upon
any
Excommunication
,
nor
any
other
Writ
or
Impediment
shall
be
Sued
,
Allowed
or
Obeyed
for
any
Person
or
Persons
making
default
of
payment
of
such
part
and
portion
as
they
shall
be
Rated
at
,
till
such
time
as
they
have
truly
satisfied
their
said
Part
and
Portion
;
And
in
Case
where
the
Tenths
are
due
,
and
being
reasonably
demanded
at
their
Dignities
,
Churches
or
Houses
,
&c.
by
the
Arch
bishop
or
Bishop
or
such
as
shall
be
charged
with
the
Collection
thereof
,
or
by
any
other
their
Ministers
,
Servants
or
Officers
,
and
be
not
paid
at
the
time
of
such
Demand
or
Request
or
within
Forty
dayes
after
at
the
furthest
,
that
then
every
Incumbent
making
such
default
of
payment
,
after
such
default
certified
into
the
King's
Exchequer
in
Writing
under
the
Seals
of
any
Arch-bishop
or
Bishop
,
or
of
such
as
be
charged
to
the
Collection
of
the
said
Pension
,
shall
be
Adjudged
deprived
ipso
facto
of
that
only
Dignity
,
Benefice
,
&c.
whereof
such
Certificate
shall
be
made
,
as
if
the
said
Incumbent
were
dead
,
26
H.
8.
cap.
3.
2.
E.
6.
cap.
20.
1
Eliz.
cap.
4.
&
vide
p.
7.
Eliz.
C.
B.
Dyer
,
f.
237.
a.
pl.
29.
And
every
Arch-bishop
and
Bishop
How
Bishops
,
&c.
may
be
discharged
of
Tenths
.
or
any
other
having
Authority
to
Receive
the
Tenths
,
making
a
Certificate
into
the
Exchequer
before
the
last
day
of
May
(
by
the
Statute
7
E.
6.
cap.
4.
)
that
they
have
reasonably
demanded
the
Tenths
of
any
Incumbent
of
any
Dignity
,
Benefice
,
&c.
due
for
him
to
pay
,
and
that
he
hath
not
paid
the
same
,
or
that
such
Benefice
remains
void
and
no
Incumbent
can
be
had
,
shall
be
a
discharge
to
every
such
Arch-bishop
and
Bishop
or
other
having
Authority
to
receive
the
Tenths
,
for
so
much
as
such
Incumbent
or
Benefice
being
void
ought
to
pay
;
And
the
Treasurer
,
Chancellor
and
Barons
of
the
King's
Exchequer
shall
devise
and
direct
upon
every
such
Certificate
,
such
Process
out
of
the
said
Court
,
against
every
Incumbent
so
Certified
and
their
Executors
and
Administrators
for
Insufficiency
of
them
,
against
the
Successors
of
every
such
Incumbent
;
so
that
the
King
may
be
truly
Answered
the
said
Tenths
for
such
Dignity
,
&c.
and
may
Levy
and
take
all
the
Glebe
Lands
,
Tithes
,
&c.
of
the
Benefice
being
vacant
to
which
no
Incumbent
can
be
had
to
satisfie
himself
,
7
E.
6.
cap.
4.
also
where
the
said
Arch-bishop
,
Bishop
or
other
Accomptants
charged
with
the
Collection
of
Tenths
,
make
Oath
before
the
Treasurer
,
Barons
and
Chancellor
of
the
Exchequer
or
the
Major
part
of
them
,
or
before
such
other
Persons
as
have
power
to
hear
such
Accompt
,
that
they
cannot
or
may
not
for
some
sufficient
Cause
or
matter
lawfully
Levy
the
Tenths
which
they
stand
charged
in
Accompt
,
then
upon
such
Oath
made
they
shall
be
discharged
for
so
much
,
32
H.
8.
cap.
22.
Acquittances
made
by
such
as
have
Acquittances
for
Tenths
by
whom
to
be
made
,
&c.
power
to
receive
Tenths
or
any
part
thereof
,
to
such
Person
or
Persons
who
are
charged
with
the
Collection
thereof
,
shall
be
of
as
good
strength
,
force
,
virtue
and
effect
to
the
parties
having
the
same
,
as
if
they
were
made
in
the
King's
Name
under
his
Great
Seal
,
and
shall
be
allowed
,
admitted
and
accepted
in
all
Courts
of
this
Realm
,
and
no
Officer
of
the
Exchequer
shall
take
any
matter
,
thing
or
reward
of
any
Arch-bishop
or
Bishop
,
or
of
any
other
Persons
having
Charge
with
the
Collection
and
Payment
of
Tenths
for
making
their
Accompt
or
Quietus
est
,
upon
pein
to
lose
his
Office
,
and
make
Fine
to
the
King
at
his
will
and
pleasure
,
26
H.
8.
cap.
3.
1
Eliz.
cap.
1.
By
the
27
H.
8.
the
Tenths
are
to
What
Remedy
for
Arrearages
of
Tenths
be
paid
by
every
Arch-bishop
,
Bishop
,
&c.
the
first
year
they
enter
on
their
Spiritual
Dignities
,
Benefices
,
&c.
and
they
are
to
have
allowance
thereof
in
the
payment
of
their
First
Fruits
;
and
where
any
Incumbent
is
chargeable
with
the
Arrears
of
his
Predecessors
Tenths
,
in
such
Case
he
may
distrain
such
Goods
and
Chattels
of
his
Predecessors
as
shall
happen
to
be
and
remain
in
and
upon
the
Dignity
,
Benefice
,
&c.
for
which
the
same
Tenths
were
behind
,
and
retain
the
same
till
such
time
as
his
Predecessor
pay
if
he
be
alive
,
and
if
he
be
dead
,
then
till
●is
Executors
or
Administrators
,
or
●hose
to
whom
his
Goods
and
Chat●els
should
belong
do
pay
the
same
,
●nd
if
the
Money
be
not
paid
within
●welve
dayes
after
the
distress
taken
,
●●en
the
said
distress
to
be
apprized
●y
two
or
three
Indifferent
Persons
to
●e
Sworn
for
the
same
,
and
then
ac●●rding
to
the
said
Appraisement
so
●uch
of
the
distress
to
be
sold
as
will
●y
the
said
Arrear
and
reasonable
●osts
about
the
Distress
,
and
if
no
Di●ess
can
be
found
on
the
said
Dig●●y
,
&c.
then
the
Predecessor
if
he
be
alive
,
and
if
dead
,
his
Executors
,
Administrators
,
and
other
,
to
whom
his
Goods
and
Chattels
shall
appertain
or
belong
,
shall
be
compelled
to
pay
the
same
by
Bill
in
Chancery
,
or
Action
of
debt
to
be
prosecuted
by
such
successor
,
by
Order
of
the
Common
Law
,
27
H.
8.
cap.
8.
1
Eliz.
cap.
4.
When
the
Year
for
first
Fruits
shall
begin
.
Note
,
that
the
Year
for
the
first
Fruits
,
is
to
begin
from
the
time
of
the
avoidance
or
vacation
of
the
Benefice
,
&c.
and
the
Tythes
,
Fruits
,
Oblations
,
Obventions
,
&c.
during
the
time
of
such
vacation
,
are
to
go
to
such
Person
as
shall
be
next
presented
,
&c.
to
the
same
Benefice
or
Dignity
,
and
to
his
Executors
,
towards
the
payment
●●
the
first
Fruits
;
And
if
any
Archbishop
,
Bishop
,
Archdeacon
,
Ordinary
,
or
any
other
Person
or
Persons
,
to
the●●
uses
,
and
behoofs
do
receive
and
tak●
the
said
Tythes
,
&c.
and
do
not
upo●
reasonable
request
,
tender
and
pay
t●●
same
to
the
next
Incumbent
,
bein●
lawfully
Instituted
,
Inducted
,
or
A●mitted
to
such
Benefice
,
&c.
then
th●
shall
forfeit
and
lose
the
treble
val●
of
so
much
as
they
have
received
of
t●●
Fruits
,
&c.
one
Moiety
to
the
Ki●●
and
the
other
to
the
Incumbent
,
to
●
recovered
in
any
of
the
King's
Courts
,
by
Action
,
Bill
,
Plaint
,
Information
,
or
otherwise
,
but
every
Archbishop
,
&c.
may
Retain
so
much
of
the
Tythes
,
&c.
in
their
hands
,
as
shall
pay
for
serving
the
cure
,
during
such
vacation
,
and
the
charges
of
gathering
the
said
Tythes
,
&c.
and
where
the
Fruits
of
the
vacation
of
such
Spiritual
Promotion
be
not
sufficient
to
pay
the
Curate's
stipend
and
wages
for
serving
the
cure
,
then
the
same
is
to
be
paid
by
the
next
Incumbent
,
within
fourteen
daies
next
after
that
he
hath
the
Possession
of
the
said
Promotion
Spiritual
,
28
H.
8.
cap.
11.1
Eliz.
cap.
4.
Churches
Vnited
to
pay
first
Fruits
and
Tenths
.
By
the
37
H.
8.
there
was
saved
to
the
King
,
his
Heirs
and
Successors
,
all
the
Tenths
and
first
Fruits
of
all
such
Churches
and
Chapels
as
then
were
,
or
afterwards
should
be
United
and
Consolidated
in
one
,
according
to
the
same
or
such
like
rates
and
valuations
,
as
the
same
Churches
and
Chapels
were
then
rated
and
valued
at
to
the
King's
Majesty
,
in
his
Court
of
first
Fruits
and
Tenths
,
37
H.
8.
cap.
21.
Collect●rs
of
Tenths
to
be
bound
for
the
payment
of
the
same
.
All
Collectors
of
Tenths
,
under
any
Archbishop
or
Bishop
,
having
Letters
Patents
,
or
other
writings
of
their
Office
of
Collectorship
,
are
to
be
bound
by
their
sufficient
writing
,
Obligatory
or
Recognizance
,
in
the
Court
where
the
King's
revenues
of
the
Tenths
shall
be
answerable
in
such
sum
or
sums
of
money
,
as
shall
be
due
within
their
Collection
or
Office
,
to
save
and
keep
the
said
Archbishop
or
Bishops
,
harmless
,
and
without
damage
against
the
King
for
the
same
,
and
all
such
Grants
,
Patents
or
Writings
to
such
Collectors
,
shall
continue
no
longer
in
force
then
during
such
time
as
such
Archbishop
or
Bishop
who
granted
the
same
,
shall
remain
Archbishop
or
Bishop
of
the
same
See
or
Bishoprick
whereof
he
was
possessed
when
he
granted
the
same
,
7
▪
E.
6
cap.
4.
and
by
the
14
Eliz.
cap.
7.
the
Lands
and
Tenements
,
Goods
and
Chattels
of
such
under
Collectors
of
Tenths
,
are
made
liable
to
answer
the
Queen
,
her
Heirs
and
Successors
for
such
sums
as
they
shall
gather
yearly
within
their
Collection
,
and
every
Archbishop
,
Bishop
,
and
Dean
,
and
Chapter
,
(
sede
vacante
)
to
whom
the
Collection
of
such
Tenths
shall
appertain
,
shall
be
discharged
of
so
much
as
shall
be
satisfied
of
or
by
the
Lands
Tenements
,
Hereditaments
,
Goods
o●
Chattels
of
such
under
Collector
,
or
his
Heirs
,
without
any
other
Warrant
whatsoever
in
that
behalf
to
be
obtained
,
14
Eliz.
cap.
7.
&
13
Eliz.
cap.
4.
First
Fruits
in
what
time
to
be
paid
.
Vicarages
not
exceeding
ten
pounds
,
and
Parsonages
not
exceeding
ten
marks
in
the
King's
Books
,
are
not
to
pay
any
first
Fruits
as
is
shewed
before
;
and
every
Incumbent
liable
to
pay
first
Fruits
,
that
lives
one
half
Year
after
the
last
avoidance
,
so
as
he
hath
or
might
have
received
the
Rents
and
Profits
of
that
half
Year
,
and
before
the
end
of
the
next
half
Year
he
happen
to
dye
,
or
be
Lawfully
evicted
,
removed
,
or
put
from
the
same
Promotion
Spiritual
by
Judgment
in
an
action
at
Common
Law
,
without
Fraud
or
Covin
,
then
he
is
to
pay
but
a
fourth
part
of
the
first
Fruits
;
and
if
he
Live
one
Year
,
and
dye
or
be
evicted
,
&c.
before
the
next
half
Year
,
then
he
is
to
pay
one
half
of
his
first
Fruits
;
and
if
he
Live
one
Year
and
an
half
,
and
dye
or
be
evicted
,
&c.
before
the
end
of
six
Months
then
next
following
,
then
he
is
to
pay
three
parts
of
his
first
Fruits
;
and
if
he
Live
two
Years
,
then
he
must
pay
his
whole
first
Fruits
,
for
such
Promotion
Spiritual
,
1
Eliz.
cap.
4.
By
the
1
Eliz.
all
Grants
,
Immunities
and
Liberties
,
given
to
either
of
Colleges
,
&c.
discharged
of
first
Fruits
,
&c.
the
Universities
of
this
Kingdom
,
or
to
any
College
or
Hall
in
either
of
them
,
and
to
the
Colleges
of
Eaton
and
Winchester
,
by
any
of
the
Kings
of
England
,
or
by
Act
of
Parliament
,
touching
the
release
or
discharge
of
first
Fruits
and
Tenths
,
are
to
be
and
remain
in
full
force
and
strength
;
and
that
all
such
conveyances
and
assurances
in
Law
,
as
were
then
had
or
made
to
either
of
the
Universities
,
or
to
any
College
or
Hall
,
within
either
of
them
,
or
of
any
of
the
Parsonages
or
Benefices
Impropriate
,
or
of
any
Patronage
for
the
maintenance
of
students
or
learning
,
are
good
and
effectual
notwithstanding
the
same
Act
of
Parliament
;
and
all
the
Possessions
of
the
free
Chapel
,
Deanry
and
Canons
of
Windsor
,
are
discharged
of
Tenths
and
first
Fruits
,
but
all
the
Rectories
and
Spiritual
Promotions
belonging
to
the
Archdeaconry
o●
Wells
,
are
made
chargeable
to
the
payment
thereof
,
and
all
the
Rectories
,
Parsonages
,
and
Benefices
Impropriate
Glebe
Lands
,
Tythe
,
Oblations
,
Obventions
,
Pensions
,
Portions
,
and
other
Profits
and
Emolluments
,
Ecclesiastical
and
Spiritual
,
as
were
in
the
Survey
Rule
and
Order
of
the
Court
of
the
Dutchy
of
Lancaster
,
were
to
continue
so
.
And
lastly
by
the
same
Act
it
is
provided
,
that
no
Hospital
founded
and
used
,
and
the
Possessions
thereof
imployed
to
and
for
the
use
and
relief
of
Poor
People
,
or
any
School
or
Schools
,
or
the
possessions
or
revenues
of
them
,
shall
be
charged
with
the
payment
of
any
Tenths
or
first
Fruits
,
1
Eliz.
cap.
4.
A
demand
of
Tenths
,
how
and
where
to
be
made
.
Note
,
that
the
demand
of
the
Tenths
ought
to
be
express
,
and
not
a
summons
to
pay
them
at
another
place
,
as
appears
by
the
Case
following
;
An
Apparator
came
to
the
Church
to
the
Parson
,
and
said
to
him
,
that
he
must
pay
his
Tenths
to
such
an
one
,
and
at
such
a
place
,
being
four
miles
distant
from
the
Church
,
and
the
Parson
not
paying
,
the
Bishop
certifies
according
to
the
Statute
,
that
he
refused
to
pay
his
Tenths
,
and
whether
this
were
a
good
demand
or
no
was
the
Question
;
and
all
the
Justices
agreed
that
it
was
not
,
for
they
said
a
summons
to
pay
was
not
sufficient
,
but
it
ought
to
be
an
express
demand
,
and
by
one
who
hath
Authority
to
receive
it
,
M.
39
,
40
Eliz.
C.
B.
Reyner
and
Parker's
Case
,
M.
Rep.
f.
541.
pl.
714.
Bishop's
Certificate
of
what
force
.
The
Bishop
of
York
,
certified
in
the
late
Court
of
first
Fruits
and
Tenths
,
Anno
5
,
&
6
E.
6.
in
these
words
,
adhibuimus
omnimodam
diligent
.
per
Subcollectores
nostros
per
totam
diocesim
Eborum
.
Et
comperimus
,
I.
C.
Vicarium
de
Gargrave
Recusantem
solvere
subsidia
Vicariae
suae
qui
nullo
modo
metu
paenarum
huiusmodi
produci
potuisset
ad
solutionem
subsidii
praedict
sed
perseverans
in
obstinatiori
sua
malitia
,
and
this
is
left
as
a
quaere
in
Dyer
,
whether
by
this
Certificate
the
Vicarage
were
void
or
no
,
Dyer
,
f.
116.
a.
pl.
69.
but
in
Crook's
reports
it
is
said
there
,
that
the
Justices
held
such
a
Certificate
not
to
be
Peremptory
,
but
that
it
may
be
Traversed
,
for
the
Bishop
doth
it
only
as
an
Officer
,
and
not
as
a
Judge
,
as
in
Case
of
Bastardy
,
and
here
is
to
be
a
default
in
the
Parson
,
viz.
not
payment
,
which
is
tryable
per
pais
,
for
otherwise
,
all
the
Parsons
in
England
may
be
put
out
of
their
Parsonages
by
such
nude
surmise
,
and
bare
Certificate
without
any
answer
,
and
the
Law
never
intended
to
make
the
Certificate
so
Peremptory
as
the
Book
saith
;
and
it
is
there
said
also
,
that
the
Officer
of
the
Bishop
,
which
is
to
demand
the
Tenths
,
ought
also
to
be
Authorized
to
receive
them
,
for
he
cannot
appoint
them
to
be
paid
at
another
place
,
or
to
another
Person
,
for
the
Parson
is
to
pay
them
at
his
own
House
,
and
to
the
Person
that
demands
them
,
in
the
Name
of
the
Bishop
,
M.
29
,
&
30
Eliz.
in
Scaccario
,
the
Queen
and
Blancher's
Case
,
Cro.
Eliz.
f.
80.
pl.
44.
Dilapidations
cause
of
deprivation
.
Now
we
come
to
Dilapidations
,
which
every
Clergy
Man
ought
to
take
care
to
prevent
,
for
there
can
be
nothing
worse
becoming
the
Dignity
of
a
Clergy-man
than
Dilapidations
,
and
non
residence
,
and
as
the
Canon
Law
made
Provision
against
it
,
so
also
hath
the
Common
Law
of
this
Kingdom
,
as
appears
by
the
Books
of
20
H.
6.
46.
a.
2
H.
4.
3.
b.
29
E.
3.
16.
a.
for
if
Spiritual
Persons
waste
the
Lands
,
Woods
,
or
Houses
of
their
Churches
,
they
may
be
deprived
or
deposed
by
their
Superiours
,
who
have
the
Visitation
and
Superiority
over
them
,
Roll's
Rep.
1
part
,
f.
167.
&
Godb.
Rep.
f.
259.
pl.
357.
Grants
to
avoid
remedy
for
Dilapidations
made
void
.
And
by
the
13
Eliz.
it
is
enacted
,
that
if
any
Archbishop
,
Bishop
,
Dean
,
Archdeacon
,
Provost
,
Treasurer
,
Chaunter
,
Chancellor
,
Prebendary
,
or
any
other
,
having
any
Dignity
or
Office
in
any
Cathedral
Church
,
within
this
Realm
,
or
if
any
Parson
,
Vicar
,
or
other
Incumbent
of
any
Ecclesiastical
Living
,
whereunto
do
belong
any
House
or
Houses
,
or
other
buildings
,
which
by
Law
or
Custom
he
is
bound
to
keep
and
maintain
in
reparation
,
do
make
any
deed
or
deeds
of
gift
or
alienation
,
or
other
like
conveyances
of
his
moveable
Goods
or
Chattels
,
to
defeat
or
defraud
his
Successor
of
his
just
action
and
remedy
;
then
in
such
Case
the
Successor
may
have
the
same
remedy
in
the
Spiritual
Court
,
against
the
Grantee
of
the
same
Goods
&
Chattels
for
reparation
of
the
Dilapidations
,
as
he
might
or
should
have
had
against
the
Executors
or
Administrators
of
the
Predecessor
for
the
same
,
13
Eliz.
cap.
10.
And
such
fraudulent
deeds
also
to
defraud
Persons
of
their
just
Debts
,
Suits
,
Accompts
,
Dammages
,
Penalties
,
Forfeitures
,
Herriots
,
Mortuaries
and
Reliefs
,
by
another
Act
in
the
same
Parliament
,
are
made
void
to
such
Persons
to
whom
any
such
thing
is
due
,
and
to
their
Heirs
,
Successors
,
Administrators
and
Assigns
,
and
those
whoshall
set
such
Covenous
and
Fraudulent
deeds
afoot
,
being
privy
to
or
knowing
of
the
same
,
forfeit
the
value
of
all
such
Goods
and
Chattels
,
and
all
such
money
as
shall
be
contained
in
such
covenous
and
fained
Bond
,
one
Moiety
to
the
King
,
and
the
other
to
the
party
grieved
,
to
be
recovered
in
any
of
the
King's
Courts
of
record
,
13
Eliz.
cap.
5.
Moneys
recovered
for
Dilapidations
to
be
imployedure
pairs
.
By
the
14
Eliz.
it
is
enacted
,
that
all
sums
of
money
,
that
shall
be
recovered
,
for
or
in
the
name
of
Dilapidations
,
by
Sentence
,
Composition
,
or
otherwise
,
shall
within
two
Years
after
the
recept
,
be
truly
imployed
upon
the
Buildings
and
Reparations
,
in
respect
whereof
such
money
for
Dilapidations
shall
be
paid
,
on
pein
that
every
Person
so
receiving
and
not
imploying
as
aforesaid
,
shall
forfeit
double
as
much
as
so
by
him
shall
be
received
and
not
imployed
,
the
which
forfeiture
shall
be
to
the
use
of
the
Queens
Majesty
,
her
Heirs
and
Successors
,
14
Eliz.
cap.
11.
A
Prohibi●ion
lies
against
one
that
would
wast
the
Woods
of
the
Church
.
If
a
Parson
of
a
Church
,
and
one
A.
are
Tennants
in
Common
of
a
Wood
,
and
A.
endeavours
to
make
waste
in
the
Trees
,
the
Parson
for
preservation
of
the
Timber
Trees
,
may
have
a
Prohibition
against
him
,
that
he
shall
doe
no
waste
,
and
the
reason
thereof
as
the
Chief
Justice
said
,
was
,
that
if
the
Parson
of
a
Church
,
would
waste
the
Inherritance
of
his
Church
,
to
his
private
use
,
in
cutting
down
the
Trees
,
the
Patron
may
have
a
Prohibition
against
him
,
for
the
Parson
is
seized
in
right
of
his
Church
,
and
his
Glebe
is
the
Dower
of
his
Church
,
for
he
is
Indowed
thereof
,
and
so
say
many
ancient
records
,
and
so
because
a
Prohibition
lies
against
him
,
it
is
reason
that
he
shall
have
the
same
remedy
against
him
who
holds
in
Common
with
him
,
F.
N.
B.
49
&
Co.
Rep.
11
Lib.
f.
49.
a.
The
Lord
Cook
saith
,
there
was
a
notable
Resolution
in
Parliament
,
held
A
Prohibition
granted
against
the
Bishop
of
Durham
,
35
E.
1.
at
Carlisle
,
35
E.
1.
against
Clergy-men
,
making
waste
of
their
Spiritual
Promotions
,
I
shall
set
it
down
verbatim
,
as
he
inserts
it
viz.
Voile
Nostre
Seignior
Le
Roy
entendre
,
que
Sir
Anthony
Evesque
de
duresme
waste
&
destruit
tout
le
Bois
apperteinant
à
Son
Esglise
in
Lenesquerie
de
duresme
,
per
done
&
vende
&
manuais
gard
&
per
rearer
des
forge
de
Ferre
&
Plombe
,
&
ardre
Carbons
,
&c.
dot
si
Nostre
Seignior
Le
Roy
que
est
Avowee
del
Esglise
,
ny
ymit
remedie
,
Lefglise
avandit
serra
dish●rite
&
impoverie
,
in
prejudice
de
nostre
Seignior
Le
Roy
in
sa
Corone
,
&
de
Chapter
de
duresme
,
To
which
the
answer
was
Inhibeatur
per
Breve
de
Cancellaria
,
Episcopo
&
Ministris
suis
ne
faciat
vastum
de
contentis
in
Petitione
,
by
which
it
appears
,
that
the
Parliament
referrs
him
to
the
ordinary
remedy
of
the
Common
Law
,
by
Writ
of
Prohibition
in
such
Case
,
35
E.
1.
Co.
Rep.
11
Lib.
f.
49.
a.
&
vide
Roll's
Rep.
1
part
,
f.
86.
176.
&
335.
And
the
Lord
Cook
saith
further
,
A
Prohibition
granted
against
the
Bishop
of
Dublin
,
&c.
that
M.
23
E.
1.
amongst
the
Judgments
before
the
King
,
Hunt.
f.
83.
in
the
Treasury
of
the
Exchequer
it
is
thus
adjudged
,
quod
Ecclesia
est
infra
aetatem
,
et
in
custodia
domini
regis
,
qui
tenetur
jura
et
haereditates
ejusdem
manutenere
et
defendere
,
et
Rot.
patent
.
Anno
14
H.
3
M.
8.
Archiepiscopus
Dublin
fecit
finem
de
300
marcis
deafforestroatione
forestae
Archiepiscopatus
sui
,
and
see
2
H.
4.
f.
3.
b.
If
a
Bishop
or
Archdeacon
pull
down
and
cut
all
the
Woods
which
he
hath
,
he
shall
be
deposed
as
a
Dilapidator
of
his
House
,
29
E.
3.
16
Ac.
and
see
27
Ass.
pl.
10.
20
H.
6.
46
Co.
Inst.
3
part
,
f.
304.
And
the
Tratise
Intituled
,
Ne
Rectores
prosternant
arbores
in
coemeterio
,
&c.
is
no
more
but
a
Declaration
of
the
Common
Law
,
and
it
is
regularly
true
,
meliorem
conditionem
Ecclesiae
facere
potest
Praelatus
,
deteriorem
nequaquam
,
Co.
Rep.
11
Lib.
f.
49.
b.
Where
suits
for
Dilapidations
are
to
be
.
Although
suits
for
Dilapidations
are
most
properly
to
be
sued
in
the
Spiritual
Court
,
and
if
any
Prohibition
be
granted
,
the
same
ought
to
be
superseded
by
a
Consultation
,
as
F.
N.
B.
saith
,
f.
50.
F.
yet
this
is
intended
where
the
suit
is
grounded
upon
the
Canon
Law
,
for
by
the
Custom
of
England
,
the
Successor
may
have
a
special
Action
upon
the
Case
,
against
the
Dilapidator
,
his
Executors
or
Administratros
,
and
in
the
King's
Bench
it
was
agreed
by
all
the
Justices
,
that
a
Prohibition
is
grantable
against
one
who
wasts
the
Houses
of
a
Parson
Incumbent
,
or
cuts
the
Trees
,
or
makes
waste
and
sells
them
,
and
does
not
employ
them
for
repairs
,
vide
2
H.
4
,
3.
M.
12.
Jac.
B.
R.
Bishop
of
Salisbury's
Case
,
Godb.
Rep.
f.
259.
pl.
357.
H.
13.
Jac.
B.
R.
Saccar's
Case
,
M.
Rep.
f.
916.
pl.
1303.
and
so
it
was
also
agreed
,
M.
12
Jac.
B.
R.
Stockman's
and
Wither's
Case
,
Roll's
Rep.
1
part
,
f.
86.
pl.
34.
&
vide
f.
335
&
Boulstr
.
Rep.
3
part
▪
f
91
,
92.
The
Vicar
of
the
Parish
of
Alesbury
For
what
use
Clergy-men
may
fell
down
Wood.
in
Devon-shire
had
cut
divers
great
Trees
of
Timber
,
and
did
not
Repair
the
Church
with
them
,
and
upon
Suggestion
thereof
to
the
King's
Bench
,
and
that
he
would
cut
more
Trees
in
like
manner
,
a
Prohibition
was
thereupon
granted
by
the
Court
,
H.
13.
Jac.
B.
R.
Knowl's
and
Hargrave's
Case
,
Roll's
Rep.
1.
part
f.
335.
pl.
44.
and
Cook
Lord
Chief
Justice
,
M.
12.
Jac.
said
that
a
Bishop
is
only
to
fell
Timber
for
Building
,
for
Fewel
and
for
his
other
necessary
occasions
;
and
there
is
no
Bishoprick
but
the
same
is
of
the
Foundation
of
the
King
,
and
the
Woods
of
the
Bishoprick
are
called
the
Dower
of
the
Church
,
and
these
are
alwayes
carefully
to
be
preserved
,
and
if
he
fell
and
destroy
them
,
upon
motion
to
the
Court
a
Prohibition
will
be
Granted
,
and
so
it
shall
be
also
in
the
Case
of
a
Dean
and
Chapter
,
Boul.
Rep.
2.
part
f.
279.
Mortuaries
where
and
how
to
be
paid
.
As
to
Mortuaries
observe
that
by
the
21
H.
8.
it
is
Enacted
that
no
Mortuary
or
Corse
present
,
shall
be
given
or
demanded
of
any
Person
,
but
only
in
such
place
where
heretofore
Mortuaries
have
been
used
to
be
paid
and
given
;
nor
shall
any
Person
pay
Mortuaries
in
more
places
than
one
,
that
is
to
say
,
in
the
place
of
his
most
habitation
or
dwelling
,
and
there
but
one
Mortuary
;
and
no
Mortuary
shall
be
taken
or
demanded
of
any
Person
whatsoever
he
be
,
which
at
the
time
of
his
death
hath
in
moveable
Goods
under
the
value
of
Ten
Marks
:
Neither
shall
any
Parson
,
Vicar
,
Curate
,
&c.
nor
any
of
their
Farmers
,
Bayliffs
or
Lessees
take
for
any
Person
dying
or
dead
,
and
at
the
time
of
his
death
being
in
moveable
Goods
to
the
value
of
Ten
Marks
or
more
,
his
Debts
being
paid
and
under
Thirty
pounds
,
above
the
sum
of
Three
shillings
and
four
pence
for
his
Mortuary
in
the
whole
;
nor
where
the
Goods
amount
to
Thirty
pounds
or
more
above
his
Debts
paid
and
under
Forty
pounds
,
above
the
value
of
Six
shillings
and
Eight
pence
for
his
Mortuary
in
the
whole
;
nor
where
the
Goods
amount
to
Forty
pounds
or
above
,
to
any
sum
whatsoever
above
his
Debts
paid
,
more
than
the
sum
of
Ten
shillings
for
his
Mortuary
in
the
whole
,
21
H.
8.
cap.
6.
Swin
.
Test
.
part
,
6.
§
.
16.
Godol
.
Or.
Legacy
f.
148.
Nor
shall
any
Parson
,
Vicar
,
Curate
,
Who
are
to
pay
no
Mortuaries
.
&c.
or
other
,
take
,
demand
or
ask
any
Mortuary
,
or
any
other
thing
by
way
of
Mortuary
of
any
Woman
,
being
Covert
Baron
,
nor
for
any
Child
,
nor
any
Person
not
keeping
House
,
nor
for
a
Wayfaring
Man
,
or
other
that
maketh
no
Residence
in
the
place
where
they
shall
happen
to
dye
;
but
the
Mortuary
of
such
Wayfaring
Man
shall
be
answerable
(
in
places
where
Mortuaries
are
accustomed
to
be
paid
,
in
Manner
,
Form
and
Rate
before
mentioned
and
not
otherwise
)
in
the
places
where
such
Wayfaring
Persons
at
the
time
of
their
death
had
their
most
Habitation
,
House
and
dwelling
places
and
no
where
else
,
21
H.
8.
cap.
6.
Swin
.
part
6.
§
16.
&
Godol
.
f.
148.
Where
Mortuaries
〈◊〉
not
to
be
〈◊〉
.
No
Mortuaries
nor
Corse
present
,
●or
any
Sum
of
Money
or
other
thing
for
them
,
shall
be
demanded
or
had
in
the
Parts
of
Wales
,
nor
in
the
Marches
of
the
same
,
nor
in
the
Town
of
Barwick
nor
Marches
of
the
same
,
but
only
in
such
places
where
Mortuaries
have
been
accustomed
to
be
paid
,
neither
shall
any
Mortuaries
or
Corse
present
,
nor
any
thing
for
the
same
be
demanded
or
had
in
those
places
,
but
only
after
the
order
and
manner
above
specified
and
none
otherwise
,
nor
of
any
other
Person
than
is
above
Limited
;
But
it
is
made
Lawful
for
the
Bishops
of
Bangor
,
Landaffe
,
St.
Davids
and
St.
Asaph
,
and
likewise
to
the
Arch-deacon
of
Chester
to
take
such
Mortuaries
of
the
Priests
within
their
Diocesses
and
Jurisdictions
as
heretofore
have
been
accustomed
,
21
H.
8.
Cap.
6.
Swin
.
part
6.
§
.
16.
Godol
.
f.
148.
And
in
such
places
(
where
Mortuaries
Mortuaries
to
be
paid
according
to
Custom
,
&c.
have
been
accustomed
to
be
taken
of
less
value
)
than
is
aforesaid
,
there
they
shall
not
be
compelled
to
pay
any
other
Mortuaries
,
or
more
for
any
Mortuary
than
hath
been
accustomed
,
nor
shall
any
Mortuary
be
demanded
,
taken
or
had
in
such
place
of
any
Person
or
Persons
exempted
by
the
Act
▪
nor
contrary
to
the
said
Act
:
And
if
any
Parson
,
Vicar
,
Curate
,
&c.
or
their
Farmers
,
Bayliffs
,
&c.
do
take
,
receive
or
demand
of
any
Person
within
this
Realm
,
for
any
Person
dying
within
the
same
a
Mortuary
,
&c.
more
than
is
before
mentioned
,
or
do
Convent
or
call
any
Person
or
Persons
before
any
Judge
Spiritual
for
the
Recovery
of
any
such
Mortuary
,
&c.
more
than
is
before
mentioned
,
he
shall
forfeit
for
every
time
so
demanding
,
conventing
,
&c.
so
much
in
value
as
he
shall
take
above
the
Sum
Limited
,
and
also
Forty
shillings
to
the
Party
grieved
contrary
to
the
Act
,
to
be
Recovered
in
any
of
the
King's
Courts
,
&c.
but
it
is
Lawful
for
any
Spiritual
Person
to
take
any
Sum
of
Money
or
other
thing
which
by
any
Person
dying
shall
be
given
or
bequeathed
unto
him
,
or
to
the
High
Altar
of
the
Church
,
21
H.
8.
cap.
6.
and
all
fraudulent
Deeds
made
to
deceive
any
of
their
Mortuaries
are
made
void
by
the
13
Eliz.
cap.
5.
Prohibition
lyes
not
,
when
.
The
King's
Prohibition
doth
not
lye
,
when
any
Oblations
,
Obventions
or
Mortuaries
(
where
Mortuaries
have
been
used
to
be
paid
)
be
by
those
Names
demanded
,
in
any
Ecclesiastical
Court
,
although
for
the
long
with-holding
of
the
same
they
be
esteemed
at
a
certain
Sum
of
Money
:
Articl
.
Cleri
,
9
E.
2.
cap.
1.
&
vide
Co.
Inst.
2.
part
f.
491.
619.
but
Doctor
and
Student
,
Lib.
2.
cap.
55.
saith
a
Prohibition
doth
lye
,
Quaere
.
And
where
Mortuaries
are
due
they
How
Mortuaries
are
payable
.
ought
to
be
paid
out
of
the
Death's
part
only
,
and
not
out
of
the
whole
before
division
(
where
by
the
custom
of
the
Country
the
Widow
and
Children
are
to
have
their
Reasonable
parts
)
by
the
opinion
of
Dr.
Swinburne
,
and
his
Reason
is
,
because
a
Mortuary
is
of
the
Nature
of
a
Legacy
,
and
Termed
in
Law
the
Principal
Legacy
;
And
being
that
Legacies
are
to
be
paid
out
of
the
Death's
part
,
therefore
the
Mortuary
is
to
be
paid
out
of
the
same
part
,
but
before
any
other
Legacy
,
and
without
any
defalcation
,
as
well
for
that
it
is
a
Principal
Legacy
,
as
by
force
of
the
Statute
aforesaid
,
Swin
.
Test
.
part
6.
§.
16.
in
fine
.
Six
things
due
to
the
King
upon
the
death
of
every
Bishop
.
After
the
Death
of
every
Bishop
there
is
a
Duty
due
to
the
King
,
which
some
have
called
a
Mortuary
,
but
the
Lord
Cook
saith
it
is
not
any
Mortuary
,
but
he
saith
,
true
it
is
that
the
King
after
their
Deceases
hath
Six
things
;
viz.
Optimum
Equum
sive
Palefridum
ipsius
Episcopi
cum
Cella
&
Freno
.
2.
Vnam
Chlamydem
sive
Clocam
cum
Capella
.
3.
Vnum
Ciphum
cum
coopertorio
.
4.
Vnum
Pelvem
cum
Lavatorio
sive
Aquar'
.
5.
Vnum
Anulum
Aureum
.
6.
Necnon
Mutum
Canum
quae
ad
Dominum
Regem
ratione
Prerogativae
suae
spectant
&
pertinent
;
inter
Communia
,
H.
2.
E.
2.
in
Scaccar
.
post
mortem
Episc.
Bath
&
Well
.
Tr.
36.
E.
3.
Ibidem
post
mortem
Episc.
Cirences
.
H.
5.
E.
4.
Ibidem
Rot.
47.
post
mortem
Archiep.
Ebor.
Co.
Inst.
2.
part
f.
491.
For
this
duty
there
is
a
special
Writ
A
Writ
lyes
for
these
things
after
every
Bishops
death
;
see
the
form
thereof
Co.
Inst.
4.
part
f.
338.
that
issueth
out
of
the
Exchequer
after
the
Decease
of
the
Bishop
for
answering
of
the
same
,
and
in
the
Records
this
is
called
Multa
Episcopi
or
Multura
Episcopi
,
derived
à
Mulcta
,
for
that
it
was
a
Fine
or
Final
satisfaction
given
to
the
King
that
they
might
have
power
to
make
their
Last
Wills
and
Testaments
,
and
to
have
the
probate
of
other
Mens
Testaments
and
granting
Administrations
,
for
it
is
true
where
it
is
said
,
Nullam
habebant
Episcopi
Authoritatem
praeter
eam
à
Rege
acceptam
referebant
,
Jus
Testamenta
probandi
non
habebant
,
Administrationis
potestatem
cuiquam
delegare
non
poterant
,
nec
ipsi
quidem
Testamenta
facere
de
Jure
Communi
,
dum
id
illis
regnante
Henrico
Tertio
Concessum
erat
,
&
Confirmatum
vivente
Edw.
1.
Rot.
Claus.
7
H.
3.
M.
16.
Rot.
Parl.
36.
H.
3.
M.
1.
And
Linwood
saith
,
Beneficiatus
non
potest
testari
de
communi
Jure
,
sed
de
Consuetudine
Angliae
;
And
he
saith
also
that
Probate
of
Testaments
de
Consuetudine
Angliae
,
&
non
de
Jure
Communi
belong
to
Court
Christian
;
Lin.
cap.
de
Foro
compet
.
f.
7.
Lib.
7.
f.
44.
&
vide
Britton
.
f.
11.
b.
Bract.
Lib.
5.
f.
403.
&c.
Fleta
,
Lib.
2.
cap.
53.
&
Lib.
6.
cap.
36.
&
Co.
Inst.
2.
part
f.
488.
&
491.
but
this
seems
to
be
a
Digression
from
our
intended
purpose
,
but
I
hope
the
Reverend
Clergy-man
will
Pardon
it
,
vide
Co.
Inst.
4.
part
.
f.
338.
Prohibition
where
a
Mortuary
is
demanded
,
when
grantable
.
The
Bishop
of
Chester
in
the
Consistory
Court
of
Chester
,
before
the
Commissary
there
,
Sued
for
a
Mortuary
after
the
Death
of
William
Hinde
a
Priest
of
the
said
Diocess
,
Surmising
that
by
Custom
there
,
he
ought
to
have
for
a
Mortuary
after
the
Death
of
every
Priest
dying
within
the
said
Arch-deaconry
of
Chester
,
the
best
Horse
or
Mare
,
his
Saddle
,
Bridle
and
Spurs
,
his
best
Gown
or
Cloak
,
his
best
Hat
,
his
best
upper
Garment
under
his
Gown
,
his
Tippet
,
his
best
Signet
or
Ring
;
as
to
the
Bishop
de
debit'
consuetud
fore
supponitur
,
&c.
upon
this
the
Defendant
obtained
a
Prohibition
,
averring
that
there
is
no
such
Custom
,
and
that
she
had
paid
a
Mortuary
to
the
Parson
of
Bumberry
,
and
in
this
Case
it
was
moved
for
a
Consultation
,
and
the
Suit
being
for
a
Mortuary
,
the
Court
was
divided
in
opinion
;
but
it
appearing
that
the
Bishop
had
Sued
after
the
Prohibition
,
which
was
a
Contempt
and
ought
to
be
answered
,
it
was
thereupon
appointed
that
he
should
Plead
or
Demur
;
And
then
the
Court
would
give
Judgment
upon
the
Record
before
them
,
M.
7.
Car.
1.
B.
R.
Margaret
Hinds
Case
,
and
the
Bishop
of
Chester
,
Cro.
Car.
f.
237.
CHAP.
IX
.
What
Qualifications
are
required
in
Leases
made
by
Ecclesiastical
Persons
.
FOrmerly
by
the
Common
Law
Bishops
What
Estates
Bi●hops
,
&c.
might
have
made
by
the
CommonLaw
.
with
the
Confirmation
of
the
Dean
and
Chapter
,
Master
and
Fellows
of
any
Colleges
,
Deans
and
Chapters
,
Masters
or
Guardians
of
Hospitals
,
and
their
Brethren
,
Parsons
and
Vicars
with
Consent
of
the
Patron
and
Ordinary
,
Arch-deacon
,
Prebend
or
any
other
Body
Politick
,
Spiritual
and
Ecclesiastical
(
Concurrentibus
his
quae
in
Jure
requiruntur
)
might
have
made
Leases
for
Lives
or
Years
without
Limitation
or
Stint
;
And
so
might
they
have
made
Gifts
in
Tail
,
or
Estates
in
Fee
,
at
their
own
Will
and
Pleasure
,
whereupon
not
only
great
decay
of
Divine
Service
,
but
Dilapidations
and
other
Inconveniences
ensued
;
but
now
the
Law
is
altered
in
these
Cases
by
the
Statutes
of
the
32
H.
8.
1
Eliz.
18.
Eliz.
13.
Eliz.
&
1.
Jac.
of
which
Statutes
one
is
enabling
,
and
the
rest
disabling
,
Co.
Lit.
f.
44.
a.
I
shall
first
begin
with
a
Recital
of
Leases
in
Writing
by
certain
Persons
of
what
force
,
&c.
the
Statutes
,
then
give
you
the
Book
Cases
thereupon
:
By
the
Stat.
32.
H.
8.
All
Leases
to
be
made
of
any
Mannors
,
Lands
,
Tenements
or
Hereditaments
,
by
Writing
endented
under
Hand
and
Seal
for
Term
of
years
or
for
Term
of
Life
,
by
any
Person
or
Persons
being
of
full
Age
of
One
and
twenty
years
,
having
any
Estate
of
Inheritance
either
in
Fee-Simple
,
or
in
Fee-Tail
,
in
their
own
Right
or
in
the
Right
of
their
Churches
or
Wives
,
&c.
shall
be
good
and
effectual
in
the
Law
,
against
the
Lessors
their
Wives
,
Heirs
and
Successors
and
every
of
them
,
according
to
such
Estate
as
is
Comprised
and
Specified
in
every
such
Indenture
of
Lease
,
in
like
manner
and
form
as
the
same
should
have
been
,
if
the
Lessors
thereof
and
every
of
them
at
the
time
of
making
such
Leases
,
had
been
Law●ully
seized
of
the
same
Lands
,
Tenements
and
Hereditaments
comprised
●n
such
Indenture
of
a
good
,
perfect
●nd
pure
Estate
in
Fee-Simple
there●f
to
their
own
only
uses
,
32
H.
8.
●●p.
28.
Provided
that
this
Act
shall
not
extend
to
any
Leases
to
be
made
of
any
Old
Leases
to
be
Surrendred
,
&c.
Mannors
,
Lands
,
&c.
being
in
the
hands
of
any
Farmer
or
Farmers
by
virtue
of
an
Old
Lease
,
unless
the
same
Old
Lease
be
expired
,
surrendered
or
ended
within
one
year
,
next
after
the
making
of
the
said
new
Lease
,
nor
shall
extend
to
any
Grant
to
be
made
of
any
Reversion
of
any
Mannor
,
Lands
,
&c.
nor
to
any
Lease
of
any
Mannors
,
Lands
,
&c.
which
have
not
most
commonly
been
letten
to
Farme
,
or
occupied
by
the
Farmers
thereof
by
the
space
of
Twenty
years
next
before
such
Leases
thereof
made
,
nor
to
any
Lease
to
be
made
without
Impeachment
of
Wast
,
nor
to
any
Lease
to
be
made
above
the
number
of
One
and
twenty
years
,
or
Three
Lives
●●
the
most
from
the
day
of
the
making
thereof
;
And
that
upon
every
suc●
Lease
there
be
reserved
yearly
duri●●
the
same
Lease
,
due
and
payable
●●
the
Lessors
,
their
Heirs
and
Successo●
to
whom
the
same
Lands
should
ha●●
come
after
the
death
of
the
Lessors
if
no
such
Lease
had
been
there
made
,
and
to
whom
the
Revers●
thereof
shall
appertain
according
their
Estates
and
Interests
,
so
much
yearly
Farm
or
Rent
or
more
,
as
hath
been
most
accustomably
yielded
and
paid
for
the
same
within
Twenty
years
next
before
such
Lease
thereof
made
;
And
that
every
such
Person
and
Persons
to
whom
the
Reversion
of
such
Mannors
,
Lands
,
&c.
so
to
be
letten
,
shall
appertain
as
aforesaid
after
the
deaths
of
such
Lessors
or
their
Heirs
,
shall
and
may
have
such
like
Remedy
and
Advantage
to
all
Intents
and
Purposes
against
the
Lessees
thereof
,
their
Executors
and
Assigns
,
as
the
same
Lessors
should
or
might
have
had
against
the
same
Lessees
,
&c.
32
H.
8.
cap.
28.
Parsons
and
Vicars
excepted
out
of
the
Act.
And
it
is
also
further
provided
that
this
Act
shall
not
extend
to
give
any
Liberty
or
Power
to
any
Parson
or
Vicar
of
any
Church
or
Vicarage
,
for
to
make
any
Lease
or
Grant
of
any
of
their
Messuages
,
Lands
,
Tenements
,
Tithes
,
Profits
or
Hereditaments
belonging
to
their
Churches
or
Vicarages
,
otherwise
or
in
any
manner
,
than
they
should
or
might
have
done
before
the
making
of
the
same
Act
,
any
thing
therein
contained
to
the
contrary
thereof
Notwithstanding
,
32
H.
8.
cap.
28.
By
the
1
Eliz.
All
Gifts
,
Grants
Leases
by
Bish●ps
,
&c.
to
be
made
for
21
years
or
3
Lives
.
Feoffments
,
Fines
and
other
Conveyances
or
Estates
,
from
the
first
day
of
the
said
Parliament
to
be
made
,
done
or
suffered
by
any
Arch-bishop
or
Bishop
,
of
any
Honors
,
Castles
,
Mannors
,
Lands
,
Tenements
or
other
Hereditaments
,
being
parcel
of
the
Possessions
of
his
Arch-bishoprick
or
Bishoprick
,
or
united
,
appertaining
or
belonging
to
any
of
the
same
,
to
any
Person
(
other
than
to
the
Queen
,
He●
Heirs
or
Successors
)
whereby
any
Estate
should
or
might
pass
from
the
Arch-bishop
or
Bishop
,
other
than
for
the
Term
of
One
and
twenty
years
or
Three
Lives
,
from
such
time
as
any
Lease
,
Grant
or
Assurance
shall
begin
,
or
whereupon
the
old
accustomed
Ren●
or
more
shall
be
reserved
,
payable
yearly
during
the
said
Term
of
On●
and
twenty
years
or
Three
Lives
shal●
be
utterly
void
,
1
Eliz.
cap.
19.
B●
by
the
1
Jac.
All
Arch-bishops
an●
Bishops
are
disabled
in
Law
to
make
doe
,
levy
or
suffer
any
Act
or
Acts
,
thin●
or
things
,
whereby
or
by
means
where
of
any
of
the
said
Honors
,
Castles
Mannors
,
Lands
,
&c.
shall
or
may
b●
Aliened
,
Granted
,
&c.
to
the
King
His
Heirs
or
Successors
,
but
that
all
such
Grants
shall
be
void
,
1
Jac.
cap.
3.
Co.
Rep.
10.
Lib.
f.
62.
a.
&
11.
Lib.
f.
71.
b.
72.
a.
Leases
made
by
Spiritual
Persons
,
&c.
for
what
Term
to
continue
.
And
by
the
13
Eliz.
it
is
enacted
,
that
all
Leases
,
Gifts
,
Grants
,
&c.
to
be
made
,
had
,
done
or
suffered
,
by
any
Master
and
Fellows
of
any
College
,
Dean
and
Chapter
of
any
Cathedral
or
Collegiate
Church
,
Master
or
Guardian
of
any
Hospital
,
Parson
,
or
Vicar
,
or
any
other
,
having
any
Spiritual
or
Ecclesiastical
Living
,
or
any
Houses
,
Land
,
Tythes
,
Tenements
or
other
Hereditaments
,
being
any
parcel
of
the
possessions
of
any
such
College
,
Cathedral
Church
,
Chapel
,
Hospital
,
Parsonage
,
Vicarage
or
other
Spiritual
Promotion
,
or
any
waies
appertaining
or
belonging
to
the
same
,
or
any
of
them
,
to
any
Person
or
Persons
,
Bodies
Politick
or
Corporate
,
(
other
then
for
the
Term
of
21
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
yearly
,
during
the
said
Term
)
shall
be
utterly
void
and
of
none
effect
,
to
all
intents
,
constructions
and
purposes
;
but
it
is
provided
,
that
nothing
in
this
Act
shall
be
taken
or
construed
,
to
make
good
any
Lease
or
other
Grant
,
to
be
made
by
such
College
or
Collegiate
Church
,
within
either
of
both
the
Universities
of
Oxford
and
Cambridge
,
or
else
where
,
within
the
Realm
of
England
,
for
more
Years
then
are
limited
by
their
private
Statutes
,
13
Eliz.
cap.
10.
&
vide
14
Eliz.
cap.
11.
Leases
by
●
Parsons
,
&c.
to
be
void
upon
non
residence
.
And
further
it
is
enacted
,
that
no
Lease
to
be
made
of
any
Benefice
,
or
Ecclesiastical
Promotion
with
cure
,
or
any
part
thereof
,
and
not
being
impropriated
,
shall
endure
any
longer
then
while
the
Lessor
shall
be
Ordinarily
Resident
,
and
serving
the
cure
of
such
Benefice
,
without
absence
of
fourscore
daies
in
any
one
Year
,
but
that
every
such
Lease
,
immediately
upon
such
absence
,
shall
cease
and
be
void
;
and
the
Incumbent
so
offending
,
shall
for
the
same
loose
one
Years
profit
of
his
said
Benefice
,
to
be
distributed
by
the
Ordinary
among
the
poor
of
the
Parish
;
And
that
all
chargings
of
such
Benefices
with
cure
,
other
then
Rents
to
be
reserved
upon
Leases
shall
be
utterly
void
;
provided
that
every
Person
allowed
to
have
two
Benefices
,
may
demise
the
one
of
them
,
upon
which
he
shall
not
be
most
Ordinarily
Resident
to
his
Curate
,
only
that
shall
there
serve
the
cure
for
him
;
but
such
Lease
shall
endure
no
longer
then
during
such
Curate's
Residence
,
without
absence
above
forty
daies
in
any
one
Year
,
13
Eliz.
cap.
20.
14
Eliz.
cap.
11.
Bonds
,
&c.
for
enjoying
&c
,
void
.
Likewise
all
Bonds
,
Contracts
,
Covenants
and
Promises
,
made
for
suffering
or
permitting
any
Person
to
enjoy
any
Benefice
or
Ecclesiastical
Promotion
with
cure
,
or
to
take
the
profits
thereof
,
shall
be
to
all
intents
and
purposes
,
adjudged
of
such
force
and
validity
and
not
otherwise
,
as
Leases
by
the
same
Persons
made
of
such
Benefices
,
&c.
with
cure
;
and
that
all
such
Leases
,
Bonds
,
&c.
concerning
such
Benefices
and
Ecclesiastical
Promotions
with
cure
,
made
by
any
Curate
,
shall
be
of
no
other
nor
better
force
,
validity
or
continuance
,
then
if
the
same
had
been
made
by
the
Beneficed
Person
himself
,
that
demiseth
the
same
to
any
such
Curate
;
But
Masters
and
Fellows
of
Colleges
,
Deans
and
Chapters
of
Cathedral
or
Collegiate
Churches
,
Masters
or
Guardians
of
any
Hospital
,
or
any
Parson
or
Vicar
,
or
any
other
,
having
any
Spiritual
or
Ecclesiastical
Living
,
may
make
a
Grant
,
Assurance
,
or
Lease
of
their
Houses
and
Grounds
,
appertaining
to
the
same
,
being
situate
in
any
City
,
Borough
,
Town
Corporate
,
or
Market
Town
,
or
the
Suburbs
of
any
of
them
,
after
such
manner
as
their
several
Statutes
do
permit
;
so
that
such
House
be
not
the
Capital
or
dwelling
House
,
used
for
the
habitation
of
the
Persons
abovesaid
,
nor
have
Ground
to
the
same
belonging
above
the
quantity
of
ten
Acres
,
14
Eliz.
cap.
11.
&
vide
Tr.
14
Jac.
C.
B.
Crane
and
Taylor's
Case
,
Hob.
Rep.
f.
269.
Leases
of
Houses
in
C●t●●s
,
&c.
how
long
to
continue
.
But
it
is
provided
by
the
same
Statute
,
that
no
Lease
be
made
in
Reversion
,
nor
without
reserving
the
accustomed
yearly
Rent
,
nor
without
charging
the
Lessee
with
reparations
,
nor
for
longer
Term
then
forty
Years
at
the
most
,
nor
are
any
Houses
to
be
aliened
,
unless
that
in
Recompence
thereof
,
there
shall
afore
,
with
,
or
presently
after
such
alienation
,
be
good
,
lawfull
,
and
sufficient
assurance
made
in
Fee
simple
,
absolutely
to
such
Colleges
,
Houses
,
Bodies
Politick
or
Corporate
,
and
their
Successers
of
Lands
of
as
good
value
,
and
of
as
great
yearly
value
at
the
least
,
as
so
shall
be
aliened
,
any
Statute
to
the
contrary
notwithstanding
.
14
Eliz.
cap.
11.
Old
Leases
to
be
ended
within
three
Years
,
when
a
new
Lease
is
made
.
And
by
the
18
Eliz.
all
Leases
to
be
made
by
any
Ecclesiastical
,
Spiritual
or
Collegiate
Persons
,
above
mentioned
,
of
any
of
their
said
Ecclesiastical
,
Spiritual
or
Collegiate
Lands
,
Tenements
,
or
Hereditaments
,
whereof
any
former
Lease
for
Years
is
in
being
,
not
to
be
expired
,
surrendred
or
ended
within
three
Years
next
after
the
making
of
any
such
new
Lease
,
shall
be
void
,
frustrate
,
and
of
none
effect
;
And
all
and
every
Bond
and
Covenant
whatsoever
,
to
be
made
for
renewing
or
making
of
any
Lease
or
Leases
,
contrary
to
the
true
meaning
of
this
Act
,
or
of
the
Act
made
,
13
Eliz.
cap.
10.
shall
be
utterly
void
,
any
Law
,
Statute
,
Ordinance
,
or
other
thing
whatsoever
,
to
the
contrary
in
any
wise
notwithstanding
,
18
Eliz.
cap.
11.
Sequestration
when
to
be
granted
.
And
where
an
Incumbent
offends
against
,
13
El.
20.
in
letting
his
Benefice
,
&c.
after
complaint
made
to
the
Ordinary
,
and
Sentence
given
of
any
Offence
,
whereby
he
shall
or
ought
to
lose
one
Years
profit
of
his
Benefice
,
the
Ordinary
within
two
Months
after
such
Sentence
given
,
and
Request
to
him
made
by
the
Church-Wardens
of
the
said
Parish
or
one
of
them
,
shall
grant
the
Sequestration
of
such
profits
,
to
such
Inhabitant
or
Inhabitants
within
the
Parish
,
where
such
Benefice
shall
be
,
as
to
him
shall
seem
meet
and
convenient
;
and
upon
default
therein
by
the
Ordinary
,
that
it
may
and
shall
be
Lawfull
to
every
Parishioner
where
the
Benefice
is
,
to
retain
and
keep
his
or
their
Tythes
;
and
likewise
for
the
Church-Wardens
of
the
said
Parish
to
enter
and
take
the
profits
of
the
Glebe
Land
,
and
other
Rents
and
Duties
or
every
such
Benefice
,
to
be
imployed
to
the
use
of
the
Poor
as
aforesaid
;
until
such
time
as
Sequestration
shall
be
committed
by
the
Ordinary
,
and
then
as
well
the
Church-Wardens
as
Parishioners
to
yield
Accompt
of
,
and
make
payment
to
him
or
them
,
to
whom
such
Sequestration
shall
be
committed
;
and
that
he
or
they
to
whom
it
shall
be
committed
,
shall
justly
and
truly
imploy
and
bestow
the
said
profits
,
or
the
true
and
just
value
thereof
,
without
Fraud
or
Guile
to
such
uses
▪
as
by
the
said
Statute
is
limited
and
appointed
,
upon
pein
of
forfeiture
of
double
the
value
of
such
with-holden
profits
,
to
be
recovered
in
the
Ecclesiastical
Court
by
the
Poor
of
the
Parish
,
18
Eliz.
cap.
11.
&
vide
H.
43
Eliz.
C.
B.
Jackson's
Case
,
Goldess
.
Rep.
pa.
154.
pl.
82.
Judges
to
take
notice
of
general
Laws
.
And
note
that
it
hath
been
Resolved
,
that
the
stat.
13
Eliz.
cap.
20.
&
18
Eliz.
cap.
11
,
concerning
Leases
made
by
Deans
and
Chapters
,
Colleges
,
&c.
are
general
Laws
,
of
which
the
Court
is
to
take
notice
,
although
they
be
not
found
by
the
Jurors
,
and
so
it
was
Resolved
between
Claypool
and
Carter
,
in
a
Writ
of
Error
in
the
King's
Bench
,
as
my
Lord
Cook
cites
it
in
his
Rep.
4
Lib.
f.
120.
b.
Nine
Rules
to
be
observed
in
Ecclesiastical
Persons
Leases
,
&c.
Having
taken
the
Heads
of
the
Statutes
which
have
been
made
,
concerning
Ecclesiastical
Persons
Leases
,
let
us
now
see
what
our
Law
Books
say
concerning
the
same
,
and
first
observe
,
that
whereas
before
the
making
of
the
Statute
of
the
32
H.
8.
cap.
18.
no
Archbishop
,
Bishop
,
Archdeacon
,
Dean
or
Prebend
,
could
have
made
any
Lease
,
to
have
bound
his
Successors
,
without
the
Confirmation
and
Consent
of
their
Chapters
,
&c.
now
by
this
Act
they
are
enabled
to
make
Leases
for
three
Lives
,
or
21
Years
,
to
bind
their
Successors
without
any
Confirmation
at
all
,
observing
these
Nine
Rules
following
in
their
said
Leases
.
Rule
.
1
First
,
The
Lease
must
be
made
by
Deed
Indented
,
and
not
by
Deed
Poll
,
or
by
Paroll
.
Co.
Lit.
f.
44.
a.
Rule
.
2
Secondly
,
It
must
be
made
to
begin
from
the
day
of
the
making
thereof
,
or
from
the
making
thereof
,
Co.
Lit.
f.
44.
a.
Co.
Rep.
5
Lib.
f.
6.
a.
Rule
.
3
Thirdly
,
If
there
be
an
Old
Lease
in
being
it
must
be
surrendred
,
expired
,
or
ended
within
a
Year
of
the
making
of
the
New
Lease
,
and
the
surrender
must
be
absolute
and
not
conditional
,
Co.
Lit.
f.
44.
Rule
.
4
Fourthly
,
There
must
not
be
a
double
Lease
in
being
at
one
time
,
as
if
a
Lease
for
Years
be
made
according
to
the
Statute
,
he
in
the
Reversion
,
cannot
expulse
the
Lessee
,
and
make
a
Lease
for
Live
or
Lives
according
to
the
Statute
,
nor
è
converso
,
for
the
words
of
the
Statute
be
to
make
a
Lease
for
three
Lives
,
or
21
Years
,
so
as
one
or
the
other
may
be
made
but
not
both
,
Co.
Lit.
f.
44.
b
Tr.
30.
Eliz.
B.
R.
Elmer
and
Gale's
Case
,
M.
Rep.
f.
253.
pl.
400.
&
Co.
Rep.
5.
Lib.
f.
2.
a.
Rule
.
5
Fifthly
,
it
must
not
exceed
Three
Lives
or
one
and
twenty
years
from
the
making
of
it
,
but
it
may
be
for
a
less
Term
or
fewer
years
,
Co.
Lit.
f.
44.
b.
&
Co.
Rep.
5.
Lib.
f.
2.
b.
Rule
.
6
Sixthly
,
It
must
be
of
Lands
,
Tenements
or
Hereditaments
,
Manurable
or
Corporal
,
which
are
necessary
to
be
Letten
,
and
whereof
a
Rent
by
Law
may
be
reserved
,
and
not
of
things
that
lye
in
Grant
,
as
Advowsons
,
Faires
,
Markets
,
Franchises
and
the
like
,
whereof
a
Rent
cannot
be
reserved
,
Co.
Lit.
f.
44.
b.
&
144.
a.
Vaugh.
Rep.
f.
203
,
204.
Tr.
30.
Eliz.
B.
R.
Jewell's
Case
,
Co.
Rep.
5.
Lib.
f.
3.
a.
&
vide
10
H.
6.
2.
Rule
.
7
Seventhly
,
It
must
be
of
Lands
and
Tenements
most
commonly
Letten
to
Farm
,
or
occupied
by
the
Farmers
thereof
by
the
space
of
Twenty
years
next
before
the
Lease
made
,
but
so
as
it
be
but
Letten
for
Eleven
years
at
one
or
several
times
within
those
Twenty
years
it
is
sufficient
;
A
Grant
by
Copy
of
Court
Roll
in
Fee
,
for
Life
or
years
,
is
a
sufficient
Letting
to
Farm
within
this
Statute
,
for
he
is
but
a
Tenant
at
Will
according
to
that
Custom
,
and
so
it
is
of
a
Lease
at
Will
by
the
Common
Law
,
but
these
Lettings
to
Farm
must
be
made
by
some
Seized
of
an
Estate
of
Inheritance
,
Co.
Lit.
f.
44.
b.
Tr.
3.
Jac.
B.
R.
Dean
and
Chapter
of
Worcester's
Case
,
Co.
Rep.
6.
Lib.
f.
37.
a.
Rule
.
8
Eighthly
,
Upon
every
such
Lease
there
must
be
reserved
yearly
during
the
same
Lease
,
due
and
payable
to
the
Lessors
their
Heirs
and
Successors
,
&c.
so
much
yearly
Rent
,
or
more
as
hath
been
most
accustomably
yielded
or
paid
for
the
Lands
,
&c.
within
Twenty
years
next
before
such
Lease
made
;
hereby
first
it
appears
that
nothing
can
be
demised
(
as
hath
been
said
before
)
by
Authority
of
this
Act
,
but
that
whereout
a
Rent
may
be
lawfully
reserved
.
Secondly
,
that
where
not
only
a
yearly
Rent
was
reserved
formerly
,
but
things
not
Annual
as
Herriots
or
any
Fine
,
or
other
Profit
at
or
upon
the
death
of
the
Farmer
,
yet
if
the
Yearly
Rent
be
reserved
upon
a
Lease
made
by
force
of
this
Statute
,
it
is
sufficient
by
the
express
words
of
the
Act.
Thirdly
,
if
he
reserve
more
than
the
accustomable
Rent
,
it
is
good
also
by
the
express
Letter
of
the
Act
,
but
if
Twenty
Acres
of
Land
have
been
accustomably
Letten
,
and
a
Lease
is
made
of
those
Twenty
,
and
of
one
Acre
which
was
not
accustomably
Letten
,
reserving
the
accustomable
Yearly
Rent●
,
and
so
much
more
as
exceeds
the
value
of
the
other
Acre
,
this
Lease
is
not
warranted
by
the
Act
,
for
that
the
accustomable
Rent
is
not
reserved
,
seeing
part
was
not
accustomably
Letten
,
and
the
Rent
Issueth
out
of
the
whole
.
Fourthly
,
if
the
accustomable
Rent
had
been
payable
at
Four
days
or
Feasts
of
the
Year
,
yet
if
it
be
reserved
yearly
payable
at
one
Feast
it
is
sufficient
,
for
the
words
of
the
Statute
be
,
reserved
Yearly
,
Co.
Lit.
f.
44.
b.
&
vide
M.
Rep.
f.
199.
&
Co.
Rep.
6.
Lib.
f.
37
&
38.
Rule
.
9
Ninthly
,
The
Lease
must
not
be
to
hold
without
Impeachment
of
Wast
,
therefore
if
a
Lease
be
made
for
Life
,
the
remainder
for
Life
,
&c.
this
is
not
warranted
by
the
Statute
,
because
it
is
dispunishable
of
Wast
;
but
if
a
Lease
be
made
to
one
during
Three
Lives
this
is
good
,
for
the
Occupant
if
any
happen
shall
be
punished
for
Wast
;
the
words
of
the
Statute
be
(
seized
in
the
Right
of
his
Church
)
yet
a
Bishop
that
is
seised
in
Jure
Episcopatus
,
a
Dean
of
his
sole
possessions
in
Jure
Deconatus
,
an
Arch-deacon
in
Jure
Archidiacona●us
,
a
Prebend
and
the
like
are
within
the
Statute
,
for
every
of
them
generally
is
seised
in
Jure
Ecclesiae
,
Co.
Lit.
f.
44.
a.
b.
Leases
made
by
Parsons
and
Vicars
,
to
be
Confirmed
by
Patron
and
Ordinary
.
Note
,
that
Parsons
and
Vicars
are
excepted
out
of
the
Statute
of
the
32
H.
8.
and
therefore
if
they
make
a
Lease
for
Three
Lives
or
one
and
twenty
years
of
Lands
accustomably
.
Letten
,
reserving
the
accustomable
Rent
,
such
Lease
must
be
Confirmed
by
the
Patron
and
Ordinary
,
because
it
is
excepted
out
of
the
Statute
aforesaid
,
and
not
restrained
by
the
Statutes
of
the
1
or
13
of
Eliz.
Co.
Lit.
f.
44.
b.
3
E.
6.
1.
Mar.
Bro.
62.
Tit.
Leases
.
Prebends
may
make
Leases
as
Bishops
may
do
.
But
a
Prebend
is
not
excepted
,
therefore
he
may
make
Leases
as
Bishops
may
do
,
by
the
said
Statute
,
vide
M.
36
&
37
Eliz.
B.
R.
Watkinson
and
Man's
Case
,
Cro.
Eliz.
f.
350.
pl.
27.
&
Tr.
31
Eliz.
C.
B.
Acton
and
Pitcher's
Case
,
Leon.
Rep.
4.
part
f.
51.
pl.
132.
And
whereas
in
the
1
Eliz.
being
Leaes
to
be
all
made
according
to
the
Pattern
in
32
H.
8.
one
of
the
disabling
Statutes
,
the
words
of
the
Restraint
are
,
other
than
for
the
Term
of
one
and
twenty
years
or
Three
Lives
,
from
such
time
as
any
such
Grant
or
Assurance
shall
be
given
,
whereupon
the
Old
and
accustomed
Yearly
Rent
or
more
,
shall
be
reserved
;
and
to
that
effect
is
the
Exception
in
the
13
of
Eliz.
yet
it
is
to
be
understood
that
neither
of
these
disabling
Statutes
nor
any
other
do
in
any
sort
,
alter
or
change
the
enabling
Statute
of
the
32
H.
8.
but
leaveth
it
for
a
Pattern
in
many
things
for
Leases
to
be
made
by
others
,
and
no
Lease
made
according
to
the
Exception
of
the
1
and
13
Eliz.
and
not
warranted
by
the
32
H.
8.
if
it
be
made
by
a
Bishop
or
any
Sole
Corporation
,
but
it
must
be
Confirmed
by
the
Dean
and
Chapters
or
others
that
have
Interest
;
and
such
Leases
for
years
to
be
made
according
to
the
Exceptions
of
the
1
or
13
Eliz.
must
have
also
the
Nine
qualities
required
by
the
32
H.
8.
before
mentioned
(
Concurrent
Leases
only
excepted
)
although
the
Statutes
of
the
1
and
13
Eliz.
do
not
direct
them
to
be
so
;
only
the
Leases
made
by
force
of
the
32
H.
8.
must
begin
from
the
day
of
the
making
,
and
the
Leases
made
within
the
Exception
of
the
other
Statutes
from
the
making
,
so
note
the
difference
of
the
Penning
of
the
said
Statutes
,
Co.
Lit.
44.
b.
45.
a.
Bridg.
Rep.
f.
30.
&
Co.
Rep.
10.
Lib.
f.
60.
b.
Bishops
may
ma●e
Co●current
Leases
.
If
a
Bishop
make
a
Lease
for
one
and
twenty
years
,
and
all
these
years
are
run
out
save
Three
or
more
,
yet
may
the
Bishop
make
a
new
Lease
to
another
for
one
and
twenty
years
to
begin
from
the
making
according
to
the
Exception
of
the
Statute
,
and
this
Concurrent
Lease
being
Confirmed
by
the
Dean
and
Chapter
,
shall
be
good
to
bind
his
Successors
,
within
the
Exception
of
the
1
Eliz.
in
the
Case
of
Bishops
,
as
also
upon
the
13
Eliz.
which
extends
to
Spiritual
and
Ecclesiastical
Corporations
agregate
of
many
,
as
Deans
and
Chapters
,
&c.
vide
Tr.
21
Eliz.
Fox
and
Collyer's
Case
,
M.
Rep.
f.
197.
pl.
251.
Ander
.
Rep.
1.
part
f.
65.
pl.
140.
&
M.
22
&
23.
Eliz.
Scot
and
Nicholas
against
Brewster
and
Stubbing
Cited
in
Moor
,
and
see
Leon.
Rep.
1.
part
f.
148.
Note
,
that
Bishops
are
not
conceived
Bishops
not
comprehended
within
the
18
Eliz.
to
be
comprehended
within
the
Proviso
of
the
Restraining
Act
of
the
18
Eliz.
11.
for
though
the
words
are
general
enough
,
yet
the
particulars
mentioned
before
the
general
words
,
being
of
an
inferiour
Ranck
,
the
general
words
cannot
draw
in
the
more
worthy
;
Godb.
Rep.
f.
395.
and
Goldes
.
Rep.
pa.
171.
pl.
102.
And
although
Deans
,
Prebendaries
,
Heads
of
Colleges
,
Masters
of
Hospitals
,
and
other
Ecclesiastical
Persons
,
&c.
may
also
make
Concurrent
Leases
as
Bishops
may
with
Confirmation
,
yet
they
must
observe
it
must
be
within
Three
years
of
the
determination
of
the
former
Term
,
by
Expiration
,
Surrender
or
otherwise
;
so
that
in
this
Case
the
Bishops
have
the
Advantage
;
but
note
that
a
Bishop
cannot
make
a
Concurrent
Lease
for
Lives
,
if
there
be
a
Lease
for
years
in
Esse
to
bind
his
Successors
,
though
the
Tennant
do
Attorne
,
and
such
Lease
is
also
Confirmed
by
the
Dean
and
Chapter
;
nor
can
he
make
a
Concurrent
Lease
for
years
,
if
a
Lease
for
Lives
be
in
Esse
,
Co.
Lit.
f.
45.
a.
Tr.
30.
Eliz.
C.
B.
Rot.
803.
Marler
and
Wright
and
Green's
Case
,
Cro.
Eliz.
f.
141.
pl.
3
Tr.
29
Eliz.
Rot.
903.
B.
R.
Elmer
and
Gale's
Case
,
Co.
Rep.
5
Lib.
f.
2.
a.
&
M.
Rep.
f.
253.
pl.
400.
and
see
Brow
.
Rep.
2
part
,
f.
134.
&
P.
29
Eliz.
B.
R.
Bunny
and
Wright
and
Stafford's
Case
,
Leon.
Rep.
1
part
,
f.
59.
pl.
77.
&
f.
148.
Several
concurrent
Leases
,
that
which
is
firmed
to
be
preferred
.
And
where
a
Bishop
makes
several
Concurrent
Leases
,
and
the
last
is
first
confirmed
,
and
then
the
first
is
confirmed
,
in
this
Case
the
first
Lease
shall
be
preferred
,
because
nothing
passeth
by
the
Confirmation
in
point
of
Interest
,
but
a
meer
consent
to
make
it
perdurable
and
effectual
,
and
of
this
Opinion
was
Dyer
,
Weston
and
Carus
,
Justices
,
being
asked
their
Opinions
by
Bendlows
,
Tr.
6
Eliz.
M.
Rep.
f.
66.
pl.
180.
Where
a
Bishop
hath
two
Chapters
both
must
confirm
.
If
a
Bishop
hath
two
Chapters
,
they
ought
both
to
confirm
,
or
else
it
is
not
good
to
bind
the
Successor
,
but
if
a
Bishop
had
two
Chapters
,
and
one
of
them
surrender
without
the
Bishop's
Licence
,
is
suspended
or
dissolved
,
then
the
confirmation
of
the
other
is
sufficient
,
and
this
question
coming
in
debate
amongst
the
Justices
in
Ireland
,
in
a
Case
concerning
a
Lease
made
by
the
Bishop
of
Dublin
,
and
the
Justices
there
being
divided
in
Opinion
,
Dyer
,
and
the
rest
of
the
Justices
of
the
Common
Pleas
here
in
England
,
were
all
of
Opinion
,
that
after
surrender
,
&c.
such
a
Confirmation
by
one
Chapter
was
good
,
though
formerly
it
used
to
be
by
both
,
and
a
Certificate
thereof
was
made
accordingly
of
their
Opinions
to
Sir
Henry
Sidney
,
Knight
,
Lord
Debuty
of
Ireland
,
P.
11
Eliz.
Dyer
f.
282.
b.
pl.
26.
and
see
Roll's
Cases
,
1
part
,
f.
477
H.
4
,
5
,
and
6.
Confirmation
before
Inrollment
good
,
&c.
If
a
Bishop
make
a
Lease
to
the
King
for
Years
,
and
before
Inrollment
thereof
,
the
Dean
and
Chapter
confirms
it
,
and
after
the
Lease
is
Inrolled
,
this
is
a
good
Confirmation
,
for
this
is
only
an
Assent
,
which
may
be
as
well
before
the
Lease
as
after
,
Tr.
8
Jac.
in
Scaccar
.
Sir
Edward
Dimmock's
Case
,
Roll's
Cases
,
1
part
,
f.
478.
but
a
Confirmation
after
the
Death
of
the
Bishop
comes
too
late
by
the
Opinion
of
Catlin
,
Southco●e
and
Windham
,
Harur's
Rep.
M.
14
,
and
15.
Eliz.
Grants
,
&c
not
warranted
by
the
Statutes
bind
the
Grantors
.
And
note
,
that
although
it
be
said
●y
the
1
Eliz.
&
13
Eliz.
that
all
Grants
,
Leases
,
&c.
made
,
granted
,
&c.
(
other
then
Leases
for
three
Lives
,
●●
one
and
twenty
Years
,
according
●●
those
Acts
)
should
be
utterly
void
and
of
none
effect
,
to
all
Intents
,
Constructions
and
Purposes
,
yet
Grants
or
Leases
,
&c.
not
warranted
by
those
Statutes
,
though
they
are
void
against
the
Successor
,
yet
they
are
good
,
and
shall
bind
the
Grantor
or
Lessor
,
if
it
be
a
Sole
Corporation
,
or
so
long
as
the
Dean
or
other
Head
of
the
Corporation
remain
,
if
it
be
a
Corporation
agregate
of
many
,
for
the
Statute
was
made
in
benefit
of
the
Successor
,
Co.
Lit.
f.
45.
a.
Co.
3
Lib.
f.
59
,
b.
60.
●
▪
P.
39
Eliz.
C.
B.
Hunt
and
Singleton's
Case
,
there
cited
to
be
so
adjudged
,
Brow
.
Rep.
2
part
,
f.
134
,
&
135.
God●
▪
Rep
,
f.
302.
&
vide
P.
10
Jac.
Walt●●
and
Dean
and
Chapter
of
Norwich
Case
,
M.
f.
875.
pl.
1223.
in
fine
,
&
C●
▪
Rep.
10
Lib.
f.
59.
a.
&
11
Lib.
f.
73.
a
▪
Confirmations
by
whom
●o
be
made
.
Observe
,
that
concurrent
Leas●●
made
by
Archbishops
and
Bishops
,
a●●
to
be
confirmed
by
the
Dean
and
Chapter
or
Deans
and
Chapters
,
if
there
b●
several
Chapters
;
Grants
made
by
Dean
,
are
to
be
confirmed
by
the
Bishop
and
Chapter
;
Grants
made
by
●
Archdeacon
or
Prebend
,
by
the
Bisho●
Dean
and
Chapter
,
Dyer
.
f.
61.
a.
●
30
Roll's
Cases
,
1
part
f.
481.
P.
●
3.
and
the
Grants
of
Parsons
and
V●cars
,
are
to
be
confirmed
by
their
Patrons
and
Ordinaries
,
Co.
Rep.
11
Lib.
f.
77.
a.
Roll's
Cases
,
1
part
f.
481
Q.
2.
and
Grants
by
an
Incumbent
of
a
Donative
,
by
the
Patron
alone
,
Roll's
Cases
,
1
part
f.
481
R.
1.
and
where
the
Patron
of
a
Prebend
,
then
the
King
,
and
Dean
and
Chapter
,
and
not
the
Bishop
ought
to
confirm
.
Confirmation
of
the
Bishop
alone
where
good
.
Where
a
Parson
of
a
Church
,
of
which
the
Bishop
is
Patron
and
Ordinary
makes
a
Lease
,
which
is
confirmed
by
the
Bishop
,
without
the
Dean
and
Chapter
,
who
ought
to
have
joyned
,
and
afterwards
the
Parson
dyes
,
and
the
Bishop
Collates
another
to
the
Benefice
,
who
makes
a
Lease
of
his
Parsonage
,
which
is
confirmed
by
the
Bishop
,
and
Dean
and
Chapter
,
and
afterwards
the
Bishop
is
Translated
,
in
this
Case
it
was
held
the
first
Lease
was
good
,
and
that
it
should
be
binding
,
during
the
Life
of
the
Bishop
,
and
Successor
Incumbent
,
who
found
the
Church
charged
,
P.
19
Eliz.
C.
B.
Dy●r
,
f.
356.
b.
pl.
42.
so
if
a
Prebend
make
a
Lease
,
and
the
Bishop
being
Patron
confirms
it
,
though
this
be
not
good
to
bind
the
Successor
of
the
Bishop
,
yet
this
shall
bind
the
Bishop
during
his
Life
,
and
all
claiming
under
him
,
for
the
Confirmation
of
the
Dean
and
Chapter
,
is
required
only
that
the
Possessions
be
not
aliened
in
prejudice
of
the
Successor
,
and
so
it
was
agreed
in
point
,
in
Smyth
and
Bowl's
Case
,
Tr.
15
Jac.
B.
R.
Roll's
Cases
,
1
part
,
f.
479
M.
2
,
3.
&
f.
481.
P.
2.
&
vide
Leon.
Rep.
1
part
,
f.
235.
Assent
a
good
Confirmation
.
If
a
Dean
Lease
any
of
his
Possessions
,
of
which
he
is
Sole
seized
with
the
Assent
of
the
Chapter
,
this
is
a
good
Confirmation
,
because
the
Dean
hath
solely
the
Estate
,
and
the
Writ
desine
assensu
Capituli
,
does
prove
that
there
needs
only
an
Assent
,
and
if
a
Dean
be
Sole
seized
,
and
not
with
Chapter
of
certain
Possessions
,
and
Lease
them
by
these
words
in
the
Deed
quod
Deoanus
ex
assensu
totius
Capituli
d●misit
,
and
the
Seal
of
the
Chapter
●●
put
to
the
Deed
,
this
is
a
good
Confirmation
,
for
it
is
a
good
Assent
;
but
the
Dean
and
Chapter
are
jointly
seized
and
the
Dean
Leases
with
Assent
of
t●●
Chapter
,
and
annexes
the
Seal
of
t●●
Chapter
to
the
Deed
,
this
is
void
a●
shall
not
bind
the
Chapter
,
becau●●
they
have
an
Estate
in
them
,
as
well
the
Dean
hath
in
him
,
and
may
ma●●
P.
10
Jac.
B.
R.
inter
Tomlinson
and
Crook
,
so
agreed
,
&
vide
21
H.
7.
7.
&
Hil.
29
H.
8.
C.
B.
Chasin's
Case
,
Dyer
f.
42.
b.
pl.
72.
&
Roll's
Cases
,
1
part
,
f.
478
R.
1.
2.
4.
Confirmations
when
void
.
Grants
by
Parsons
,
Vicars
,
Prebends
,
&c.
after
Collation
,
Admission
and
Institution
,
and
before
Induction
or
Installation
,
although
confirmed
as
aforesaid
,
are
not
binding
to
the
Successor
,
for
Persona
Ecclesiae
nunquam
dicitur
Impersonat'
ante
inductionem
,
nec
habet
jus
in
re
sed
ad
rem
ante
inductionem
,
P.
5.
Eliz.
C.
B.
Dyer
f.
221.
pl.
18.
Confirmation
for
part
of
the
Term
good
.
If
a
Parson
,
Vicar
,
Prebend
,
&c.
make
a
Lease
for
Years
,
the
Land
may
be
confirmed
to
the
Lessee
for
part
of
the
Term
that
is
for
so
many
Years
thereof
,
but
if
dimissionem
praedictam
be
confirmed
for
part
of
the
Term
,
et
●●n
ultra
,
that
would
be
absurd
and
re●ugnant
,
and
would
stand
good
for
the
whole
Term
;
and
as
such
Lease
may
be
confirmed
for
part
of
the
Term
,
so
it
●ay
for
part
of
the
Land
,
M.
16
,
17.
Eliz.
C.
B.
Dyer
f.
338.
b.
pl.
43.
&
f.
●2
.
b.
pl.
4.
&
vide
M.
37
,
38
Eliz.
C.
●
.
Bellfore
and
Foord's
Case
,
Cro.
Eliz.
f.
●47
.
pl.
12.
&
f.
472.
pl.
34.
&
Co.
●ep.
5
Lib.
f.
81.
A
Parson
made
a
Lease
,
which
was
Succeeding
Patron
,
&c.
confirms
and
good
.
confirmed
by
the
succeeding
Bishop
and
Patron
,
neither
of
them
being
Bishop
or
Patron
,
when
the
Lease
was
made
,
yet
this
was
adjudged
a
good
Confirmation
,
Tr.
2
Car.
1
C.
B.
Sir
Robert
Banister's
Case
,
Cro.
Car.
f.
38.
pl.
3.
Confirmation
of
an
Vsurper
not
good
If
an
Usurper
present
,
and
his
Presentee
makes
a
Grant
,
which
is
confirmed
by
the
Usurper
and
Ordinary
,
and
after
the
Presentee
is
removed
by
Quare
Impedit
,
&c.
this
Grant
shall
not
bind
the
Incumbent
that
comes
in
by
the
Presentation
of
the
true
Patron
,
because
when
the
Confirmation
was
made
,
there
was
neither
any
Patron
nor
Parson
of
right
9
H.
6.
33.
and
a
Church
before
the
13
Eliz.
being
full
of
an
Incumbent
,
the
true
Patron
grants
away
the
next
avoidance
,
and
then
confirms
a
Lease
made
by
the
said
Incumbent
,
who
afterwards
dyes
,
and
then
the
Grantee
of
the
next
avoidance
presents
;
the
Incumbent
of
such
Grantee
shall
avoid
the
Lease
made
by
his
Predecession
,
and
his
entry
upon
the
Lessee
avoids
the
Lease
for
ever
,
both
for
himself
and
his
Successor
,
P.
16
Car.
1.
B.
R.
Sir
Edmond
Plowden
and
Oldfield's
Case
,
Roll's
Cases
,
1
part
,
f.
480
N.
4
,
5.
&
Cro.
Car.
f.
582.
pl.
7.
&
Jones
Rep.
f.
454.
Husbands
Confirmation
bind●
not
the
Wife
,
&c.
If
an
Husband
be
seized
in
right
of
his
Wife
of
an
Advowson
,
and
the
Incumbent
makes
a
Lease
warranted
by
the
Statutes
,
which
is
confirmed
by
the
Ordinary
,
and
the
Husband
and
his
Wife
being
Patrons
,
this
shall
bind
the
right
of
the
Wife
but
during
Coverture
,
and
the
Successor
after
the
Incumbent's
Death
,
that
comes
by
Presentation
of
the
Wife
,
shall
avoid
it
;
so
if
Tenant
in
Tayle
being
Patron
,
confirm
the
Grant
of
the
Parson
with
the
Bishop
,
this
shall
not
bind
the
Incumbent
of
the
issue
in
Tayle
;
but
if
a
Parson
make
a
Grant
which
is
confirmed
by
the
Patron
and
Ordinary
,
and
afterwards
he
is
deprived
,
yet
the
Grant
remains
good
,
M.
3
,
&
4.
P.
&
M.
Dyer
f.
133.
a.
pl.
1.
Roll's
Cases
,
1
part
,
f.
479
N.
1
,
2.
&
f.
476.
F.
1
,
2
P.
14
Jac.
B.
R.
Mawnd
and
French
Case
,
Roll's
Rep.
1
part
,
f.
161.
Confirmation
void
where
.
If
a
Church
be
full
of
a
Parson
,
and
afterwards
another
is
made
Parson
,
and
Inducted
by
the
Ordinary
,
and
he
makes
a
Grant
which
is
confirmed
by
the
Patron
and
Ordinary
,
this
Grant
is
void
because
he
was
not
Parson
at
the
time
of
the
Grant
,
9
H.
6.
34.
and
if
a
Church
be
void
,
and
one
enters
and
occupies
the
same
wrongfully
,
without
any
Presentation
or
Institution
,
and
such
Parson
makes
a
Grant
which
is
confirmed
by
Patron
and
Ordinary
,
yet
it
is
void
,
because
he
was
never
Parson
,
for
one
cannot
be
without
Presentation
or
Collation
,
9
H.
6.
34.
10
H.
6.
11.
&
Roll's
Cases
,
1
part
,
f.
477.
Grants
of
Offices
bind
not
the
Successor
without
Confirmation
.
It
hath
been
Resolved
,
that
the
Grant
of
an
ancient
Office
,
as
Commissary
,
Official
,
Steward
,
Bailiff
,
Park
Keeper
,
&c.
to
one
with
the
ancient
Fee
by
a
Bishop
,
shall
not
bind
the
Successor
,
if
it
be
not
confirmed
by
the
Dean
and
Chapter
,
for
such
Grants
are
not
restrained
by
the
1
Eliz.
but
remain
still
at
Common
Law
,
and
therefore
ought
to
be
confirmed
by
the
Dean
and
Chapter
;
but
if
such
ancient
Office
hath
formerly
been
usually
granted
to
one
for
Life
,
and
be
afterwards
granted
to
2
for
Life
,
and
the
Grant
is
confirmed
by
the
Dean
and
Chapter
,
yet
this
Grant
shall
not
bind
the
Bishop's
Successor
,
because
such
Office
had
not
been
usually
granted
so
before
;
And
note
that
although
the
Bishoprick
be
founded
lately
,
yet
the
Grant
of
a
necessary
Office
▪
with
a
reasonable
Fee
,
of
which
the
Court
shall
Judge
,
being
confirmed
,
&c.
will
bind
the
Bishop's
Successor
,
Tr.
11
Jac.
Bishop
of
Salisbury's
Case
,
Co.
Rep.
10
Lib.
f.
58.
b.
61
,
b.
62.
a.
&
Tr.
8
Car.
1.
B.
R.
Walker
and
Lamb's
Case
,
Cro.
Car.
f.
258.
pl.
2.
&
Jones
Rep.
f.
263.
Offices
grantable
as
formerly
.
And
if
such
Office
have
been
granted
formerly
in
Reversion
it
may
be
granted
so
still
,
M.
8
Car.
1.
B.
R.
Young
and
Stoell's
Case
,
Cro.
Car.
f.
279.
pl.
19.
and
Jone's
Rep.
f.
310.
and
it
hath
been
held
by
some
,
that
where
such
Office
is
granted
with
the
usual
Fees
,
and
also
a
new
Fee
over
and
above
the
old
accustomed
Fees
,
which
Grant
is
confirmed
by
the
Dean
and
Chapter
,
or
if
the
old
Office
with
the
ancient
Fees
,
and
also
a
new
Office
which
was
never
granted
before
,
be
granted
by
one
Deed
,
and
duly
confirmed
as
aforesaid
,
although
this
be
void
against
the
Successor
as
to
the
new
Office
,
yet
it
is
good
for
the
ancient
Office
,
and
ancient
Fees
,
sed
Quaere
vide
P.
1
Car.
1.
Rot.
607.
Bishop
of
Chechester
&
Freeland's
Ca.
Brid.
Rep.
f.
29
Leye's
Rep.
f.
71.
&
see
M.
9
Jac.
C.
B.
Bishop
of
Elye's
Case
,
Brownl
.
Rep.
2
part
,
f.
137.
&
Cro.
Car.
f.
47.
pl.
7.
A
Parson
let
a
Lease
for
three
Years
,
Lease
for
three
Years
,
&c.
how
interpreted
.
and
those
ended
for
three
others
,
and
those
ended
for
three
others
,
during
the
Life
of
the
Lessor
,
and
by
the
Opinion
of
most
of
the
Benchers
of
the
middle
Temple
,
and
Divers
Justices
of
the
Common
Bench
,
this
was
held
to
be
but
a
Lease
for
nine
Years
if
the
Lessor
so
long
live
(
and
be
resident
upon
his
Parsonage
and
not
absent
,
ultra
80
daies
in
any
1
Year
)
but
if
the
words
had
been
and
so
from
3
Years
to
3
Years
during
the
Life
of
the
Lessor
,
perhaps
it
would
have
been
otherwise
,
M.
28
H.
8.
Dyer
f.
24.
a.pl.
155.
and
see
14
H.
8.
12.
and
Plow
.
Com.
274.
a.
A
Rectory
Leased
,
who
m●st
serve
the
cur●
.
The
King
Let
a
Rectory
to
one
Tavernor
rendring
Rent
,
and
granted
to
him
to
be
discharged
,
de
omnibus
&
singulis
Pensionibus
,
Portionibus
,
&
denariorum
summis
excunt'
de
Rectoria
,
and
it
was
decreed
in
the
Court
of
Augmentation
,
that
the
K.
should
find
the
Curate
;
and
if
a
Common
Person
Let
without
such
words
of
discharge
,
and
no
clause
in
the
Indenture
,
who
shall
find
the
Curate
,
then
the
Lessor
shall
find
him
,
because
the
service
of
the
cure
is
a
Spiritual
Administration
,
and
cannot
be
Let
,
and
the
service
is
not
issuing
out
of
the
Parsonage
,
but
annexed
to
the
Parson
,
Tr.
36
H.
8.
Dyer
f.
58.
b.
pl.
8.
Leases
by
Parsons
void
by
non
residence
.
If
a
Parson
or
Vicar
,
having
cure
of
Souls
,
make
a
Lease
,
it
shall
be
in
force
no
longer
then
he
is
Resident
and
serves
the
cure
there
,
without
being
absent
above
80
daies
in
one
Year
,
by
13
Eliz.
cap.
20.
so
that
it
seems
it
shall
be
void
against
himself
,
and
all
Covenants
and
Bonds
,
made
by
any
such
Parson
or
Vicar
,
for
suffering
any
Person
to
injoy
any
such
Benefice
,
or
to
take
the
profit
thereof
(
which
in
effect
,
amounts
to
a
Lease
)
shall
be
adjudged
void
to
all
intents
and
purposes
,
and
of
no
other
force
then
such
Leases
are
,
14
Eliz.
cap.
11.
&
vide
Brownl
.
Rep.
2
part
,
f.
132.
&
27.
Eliz.
C.
B.
Marrow
's
Case
,
Godb.
Rep.
pa.
20.
pl.
38.
When
the
avoid●nc●
of
such
Lease
shall
be●●●
.
But
there
is
a
Quaere
in
Dyer
,
whether
such
Leases
shall
be
void
upon
80
daies
absence
,
ab
initio
,
or
but
from
the
time
of
the
absence
by
80
daies
,
and
as
to
this
,
some
have
held
one
way
and
some
another
,
vide
M.
22
,
23
Eliz.
C.
B.
Evans
and
Heister's
Case
,
Dyer
f.
372.
b.
pl.
11.
but
observe
that
this
not
serving
the
cure
must
be
voluntary
,
for
it
seems
if
a
Parson
,
Vicar
,
&c.
be
suspended
,
inhibited
,
or
disabled
,
to
serve
the
cure
by
the
space
of
80
daies
,
this
shall
not
make
such
Lease
void
,
but
it
hath
been
held
,
that
if
a
Parson
be
Resident
and
do
not
serve
the
cure
,
or
serve
the
cure
and
be
absent
80
daies
,
simul
&
semel
,
that
in
both
these
Cases
it
will
make
the
Lease
void
,
P.
39
Eliz.
B.
R.
Dobbins
and
Gerrard's
Case
,
Gouldes
.
Rep.
p.
162
,
163.
&
vide
M.
Rep.
448.
in
principio
,
&
P.
9.
Jac.
B.
R.
Shepherd
and
Towlsie's
Case
,
Boulstr
.
Rep.
1
part
,
f.
111.
Lease
void
when
.
It
hath
been
a
Quaere
also
,
whether
after
80
daies
are
incurred
after
the
Death
of
a
Parson
or
Vicar
,
&c.
making
such
Lease
,
if
thereupon
it
shall
not
be
void
,
and
Justice
Crook
in
his
reports
saith
,
it
was
adjudged
in
Mott
and
Hale's
Case
,
that
after
80
daies
incurred
,
after
their
Deaths
such
Leases
should
be
void
,
but
Moor
in
his
reports
saith
,
that
the
Judges
where
divided
in
Opinion
as
to
that
point
,
H.
31
Eliz.
B.
R.
Mott
and
Hale's
Case
,
Cro.
Eliz.
f.
123.
pl.
1.
&
M.
Rep.
f.
270.
pl.
422.
but
some
say
that
this
point
coming
in
question
,
Tr.
14
Car.
2.
B.
R.
between
Bayly
and
Mournes
,
it
was
then
adjudged
,
that
Death
doth
not
avoid
such
Leases
,
Ideo
Quaere
,
and
note
that
Confirmation
of
Patron
and
Ordinary
in
such
Cases
amends
not
the
matter
,
for
if
the
Lease
be
void
,
the
Confirmation
is
of
no
force
.
What
Lease
wi●hin
the
Statute
,
&c.
Note
,
it
hath
been
held
,
that
where
an
Archdeacon
makes
a
Lease
for
three
Lives
according
to
the
Statute
,
and
the
Lessee
makes
a
Lease
for
an
100
Years
,
and
the
Archdeacon
,
Bishop
,
and
Dean
,
and
Chapter
confirm
it
,
yet
this
shall
not
bind
the
Successor
,
for
if
such
Confirmation
shall
not
be
said
a
conveyance
within
the
Statute
,
then
shall
the
Statute
signify
little
or
nothing
,
and
the
good
intention
and
meaning
of
the
Act
shall
be
defeated
and
defrauded
,
Co.
Rep.
5
Lib.
f.
15.
a.
Obligation
to
injoy
,
&c.
where
good
.
A
Lay-Person
being
presented
to
a
Benefice
before
the
13
Eliz.
made
a
Lease
for
60
Years
,
which
was
confirmed
by
the
Patron
and
Ordinary
,
and
the
Successor
of
the
Parson
became
bound
in
an
▪
Obligation
after
the
Statute
,
14
Eliz.
that
the
Lessee
should
injoy
the
Term
,
and
after
the
Obligation
entred
,
the
Successor
was
absent
above
80
daies
in
one
Year
,
and
so
the
Obligation
became
void
by
such
absence
or
no
was
the
Question
,
and
it
was
adjudged
that
it
was
not
void
by
the
Statute
14
Eliz.
for
the
Lease
being
good
,
so
the
Obligation
for
injoyning
the
same
should
be
good
also
,
P.
42
Eliz.
Rot.
127.
B.
R.
Costard
and
Wingate's
Case
,
M.
Rep.
f.
606.
pl.
836.
&
Cro.
Eliz.
f.
775.
Bond
to
injoy
,
&c.
where
void
.
A
Parson
made
a
Bond
to
resign
upon
request
,
and
after
his
Induction
,
he
made
a
Lease
to
his
Patron
of
part
of
the
Glebe
for
one
and
twenty
Years
,
and
afterwards
was
absent
above
80
daies
in
one
Year
,
and
upon
an
Action
brought
upon
this
Bond
,
the
Incumbent
pleaded
the
13
,
&
14
of
Eliz.
and
averred
,
that
this
Bond
was
made
to
secure
this
Lease
;
and
to
compell
him
that
he
should
not
avoid
the
Lease
by
absence
,
least
he
should
be
required
to
resign
,
and
this
was
adjudged
a
good
Plea
,
and
an
apt
Averment
,
M.
43
,
44
Eliz.
C.
B.
Webb
and
Hargrave's
Case
,
M.
Rep.
f.
641.
pl
,
883.
Acceptance
makes
the
Lease
good
when
and
when
not
.
If
a
Bishop
seized
of
Tythes
in
right
of
his
Bishoprick
,
make
a
Lease
of
the
same
for
life
or
lives
,
rendring
the
ancient
Rent
(
the
Tythes
having
been
usually
demised
for
the
same
Rent
)
and
then
dyes
,
this
Lease
is
void
against
his
Successor
,
and
no
acceptance
of
the
Rent
will
make
it
good
,
for
this
Rent
being
reserved
upon
a
Lease
of
Tythes
for
Life
,
there
is
no
remedy
for
it
by
distress
or
Assize
,
so
the
Lessee
is
not
compellable
to
pay
it
,
and
because
it
is
not
payable
as
the
Law
appoints
it
is
therefore
void
,
vide
5
E.
3.
30
Ass.
5.
but
if
it
had
been
a
Lease
for
Years
,
i●
had
been
otherwise
,
because
Debt
lies
,
yet
the
Books
make
a
Quaere
in
it
,
vide
Tr.
2
Jac.
B.
R.
Talentire
and
Den●on's
Case
,
M.
Rep.
f.
778.
pl.
1078.
&
Tr.
5
Jac.
B.
R.
●ickman
and
〈◊〉
Case
,
Cro.
Jac.
f.
173.
pl.
14.
Lease
void
against
the
Successor
when
.
A
Prebend
was
usually
Let
,
with
the
Exception
of
all
Crab
Trees
,
and
such
like
Trees
,
and
afterwards
the
Prebendary
made
a
new
Lease
of
the
Prebendship
,
omitting
the
exception
of
the
Crab
Trees
,
&c.
receiving
the
ancient
Rent
,
and
this
Lease
was
held
to
be
void
against
the
Successor
,
for
there
is
more
Let
then
was
anciently
,
because
the
Trees
were
formerly
excepted
,
and
so
this
Lease
not
binding
against
the
Successor
,
P.
15
Jac.
B.
R.
Smith
and
Bowle's
Case
,
Boulstr
.
Rep.
3
part
,
f.
290.
Cro.
Jac.
f.
458.
pl.
5
&
vide
Leye's
Rep.
f
,
74.
If
a
Parson
let
his
Rectory
excepting
Ex●●p●ion
&c.
void
,
the
Glebe
,
the
exception
is
void
,
for
no
Rectory
can
be
without
Glebe
,
but
he
may
except
parcel
of
the
Glebe
,
and
it
shall
be
good
,
but
in
pleading
the
Lease
of
a
Rectory
,
this
shall
be
taken
for
the
whole
Rectory
,
and
not
for
parcel
Mabie's
Case
,
Wynch
Rep.
f.
23.
Grant
of
the
next
avoidance
by
a
Bishop
,
&c.
v●id
.
It
ha●h●
been
adjudged
▪
that
the
Grant
of
the
next
avoidance
of
a
Benefice
▪
by
a
Bishop
or
Dean
and
Chapter
▪
i●
,
within
the
Restriction●
of
the
Sta●●tes
▪
before
ment●o●●d
in
this
Chapter
,
and
shall
be
void
against
the
Successors
,
and
it
hath
also
been
Resolved
,
that
if
a
Dean
and
Chapter
grant●●
Rent
Charge
out
of
their
Possessions
,
that
it
is
restrained
by
the
equity
of
the
Statute
,
though
these
cannot
be
said
any
part
of
the
Possessions
,
of
their
Churches
,
Co.
Rep.
5
Lib.
f.
15
a.
and
so
it
was
adjudged
,
M.
37
,
38
Eliz.
C.
B.
between
the
Dean
and
Chapter
of
Hereford
,
and
the
Bishop
of
Hereford
and
Ballard
,
as
my
Lord
Cook
reports
it
,
and
see
M.
32
,
33
Eliz.
C.
B.
Sale
and
Bishop
of
Coventry
and
Lichfield
,
cited
in
Co.
Rep.
3
Lib.
f.
59.
b.
&
Roll's
Cases
,
1
part
,
f.
159.
&
169.
&
Brid.
Rep.
f.
39
Co.
Rep.
10
Lib.
f.
60.
b.
&
Leon.
Rep.
1
part
f.
307.
If
a
Writ
of
Annuity
should
be
brought
against
a
Parson
or
Vicar
,
upon
Recovery
in
a
Writ
of
Annuity
against
a
Parson
binds
not
the
Successor
.
a
feigned
Prescription
or
Grant
supposed
to
be
made
before
the
Statute
,
and
he
Prays
in
aid
of
the
Patron
and
Ordinary
,
and
the
Plaintiff
obtains
a
Verdict
,
and
all
this
is
done
by
Practice
and
Fraud
charge
the
Glebe
,
this
shall
be
void
against
the
Successor
,
for
although
the
Annuity
charge
the
Parson
or
Vicar
and
not
the
Possessions
,
yet
this
is
within
the
mischief
,
to
Wit
,
the
impoverishing
of
the
Successor
,
cause
of
Dilapidations
,
and
decay
of
Spiritual
Livings
and
Hospitality
,
which
are
the
mischiess
mentioned
in
the
Preamble
,
Co.
Rep.
5
Lib.
f.
14.
b.
Eytru's
Case
there
cited
,
&
vide
Co.
Rep.
10
Lib.
f.
61.
a.
&
Bridg.
Rep.
f.
30.
Plea
to
a
bad
where
bad
.
A
Parson
became
bound
in
an
Obligation
with
condition
not
to
be
absent
from
his
Benefice
by
the
space
of
80
daies
in
one
Year
,
not
permute
or
resign
without
the
consent
of
the
Patron
,
and
afterwards
he
became
non
resident
,
and
the
Bond
being
sued
,
he
pleaded
the
Statute
,
14
Eliz.
by
which
all
Leases
of
Parsons
made
of
their
Benefices
,
and
all
Obligations
for
injoying
,
where
they
are
absent
by
80
daies
et
ultra
in
one
Year
,
shall
be
void
,
and
averred
,
that
he
was
absent
80
daies
and
saith
not
&
ultra
,
and
this
upon
demurrer
was
adjudged
an
ill
Plea
,
for
he
may
be
absent
for
80
daies
,
and
come
again
in
the
Night
of
the
80
day
,
and
then
the
Bond
is
not
void
,
H.
30
Eliz.
B.
R.
Gosnall
and
Kindlemarsh
Case
,
Cro.
Eliz.
f.
88.
pl.
10.
&
490.
pl.
7
M.
37
,
38
Eliz.
B.
R.
Rot.
31.
Earl
of
Lineoln
and
Hoskin's
Case
,
M.
26
Eliz.
B.
R.
Coxe's
Case
,
Leon.
Rep.
3
part
,
f.
102.
pl.
148.
&
P.
30
Eliz.
B.
R.
S.
John
and
Pettit's
Case
,
Leon.
Rep.
1
part
,
f.
100.
pl.
129.
Lease
in
Reversion
not
binding
to
the
Successor
.
The
Dean
and
Chapter
of
Pauls
,
made
a
Lease
of
an
House
in
London
,
to
one
for
forty
Years
,
which
House
was
then
in
Lease
for
10
Years
to
another
,
and
this
Lease
was
adjudged
void
by
the
13
Eliz.
and
not
warranted
by
the
14
Eliz.
which
makes
Leases
of
Houses
in
Cities
to
be
good
for
40
Years
,
so
as
it
be
not
in
Reversion
of
any
other
Lease
,
for
although
this
Lease
be
to
Commence
immediately
,
yet
it
is
in
Law
,
a
Lease
in
Reversion
,
and
therefore
within
the
words
of
the
Statute
and
shall
be
avoided
by
the
Successors
P.
39
Eliz.
C.
B.
Hunt
and
Singleton's
,
Case
,
Cro.
Eliz.
f.
564.
pl.
25.
&
vide
Co.
Rep.
3
Lib.
f.
60.
a.
&
Roll's
Cases
,
1
part
,
f.
159.
Acceptance
it
will
make
the
Lease
good
where
not
.
Note
,
where
a
Lease
is
void
ipso
facto
by
the
Death
of
the
Lessor
,
there
no
acceptance
of
the
Rent
by
the
Successor
,
will
make
the
Lease
good
,
as
if
a
Parson
,
Vicar
or
Prebend
,
make
a
Lease
not
warranted
by
the
Statutes
,
for
one
and
twenty
Years
,
rendring
Rent
and
dyes
,
here
no
acceptance
of
the
Rent
by
the
Successor
will
affirm
the
Lease
,
because
the
same
was
void
without
entry
or
Ceremony
,
but
if
a
Parson
,
Vicar
or
Prebend
,
make
a
Lease
not
warranted
by
the
said
Statutes
,
for
life
or
lives
reserving
Rent
and
dye
,
and
the
Successor
before
entry
accepts
the
Rent
,
or
receives
fealty
of
the
Tenant
,
then
such
Lease
shall
bind
him
for
his
time
,
for
this
being
an
Estate
of
freehold
,
cannot
be
avoided
before
entry
,
Co.
Rep.
3
Lib.
f.
65.
a.
11
E.
3
Tit.
Abbot.
9.
8
H.
5.
19.
37
H.
6.
3.
24
H.
8
Tit.
Leases
,
Br.
19.
F.
N.
B.
50.
&
Dyer
f.
239.
b.
Acceptance
where
it
bind●
.
But
if
a
Bishop
make
a
Lease
for
Years
not
warranted
by
the
Statutes
and
dye
,
if
the
Successor
accepts
the
Rent
,
he
shall
not
avoid
the
Lease
during
his
time
,
Co.
Rep.
3
Lib.
f.
65.
a.
or
if
the
Bishop
appoint
a
Bailiff
to
receive
his
Rents
,
and
he
receives
the
Rent
from
such
Tenant
(
amongst
the
rest
of
the
Tenants
)
who
holds
by
such
voidable
Lease
,
and
pays
the
same
over
to
the
Bishop
with
the
other
Rents
,
not
acquainting
the
Bishop
therewith
,
and
he
receives
the
Rent
,
this
is
a
good
acceptance
and
shall
bind
the
Bishop
,
H.
5
Jac.
C.
B.
between
Wheeler
and
Danby
,
adjudged
by
the
Court
,
Roll's
Cases
,
1
part
,
f.
476
D.
1.
&
vide
Cro.
Car.
f.
95.
Where
it
binds
not
.
If
a
College
make
a
Conveyance
in
Fee
,
within
the
13
Eliz.
reserving
Rent
,
and
the
Master
dyes
,
and
his
Successor
being
Master
accepts
the
Rent
,
and
gives
a
note
under
his
Hand
of
the
recept
thereof
,
without
putting
his
Seal
to
the
same
,
and
without
Authority
of
the
College
,
this
acceptance
shall
not
bind
the
College
,
but
they
may
enter
during
the
Life
of
the
Master
who
accepted
the
Rent
,
Roll's
Rep.
1
part
,
f.
172.
but
having
(
I
fear
)
Trespassed
too
much
in
this
Chapter
upon
the
Reader
's
Patience
,
I
shall
here
conclude
and
proceed
to
the
next
.
CHAP.
X.
How
Clergy
men
are
Incapacitated
to
take
Farmes
,
or
follow
secular
Affairs
,
and
how
they
are
punishable
for
incominence
by
their
Superiours
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
.
The
Penalty
of
Spiritual
Persons
Farmi●g
Lands
&c.
FOr
the
more
quiet
and
vertuous
increase
and
maintainance
of
Divine
Service
,
and
the
Preaching
and
Teaching
of
the
Word
of
God
,
with
godly
and
good
example
,
and
increase
of
Devotion
,
it
is
enacted
by
the
21
H.
8.
that
no
Spiritual
Person
of
what
degree
soever
,
shall
take
to
farm
to
himself
,
or
to
any
Person
or
Persons
to
his
use
,
of
any
Person
whatsoever
,
by
Letters
Patents
,
Indentures
,
Writings
,
by
Word
,
or
otherwise
by
any
manner
of
means
,
any
Manors
,
Lands
,
Tenements
,
or
other
Hereditaments
,
for
Term
of
Life
,
or
Term
of
Years
,
or
at
Will
,
upon
pein
to
forfeit
ten
pounds
for
every
Month
,
he
or
any
to
his
use
shall
occupy
the
same
by
virtue
of
such
Lease
or
Grant
,
one
Moiety
to
the
King
,
and
the
other
to
the
Informer
,
to
be
recovered
in
any
of
the
King's
Courts
,
21
H.
8.
cap.
13.
The
Penalty
for
buying
and
selling
.
And
it
is
further
enacted
,
that
no
Spiritual
Person
or
Persons
,
of
what
Estate
or
Degree
soever
they
be
,
shall
by
himself
,
nor
by
any
other
for
him
,
nor
to
his
,
buy
to
sell
again
,
for
lucre
,
gain
,
or
profit
,
in
any
Markets
,
Faires
or
other
Places
,
any
manner
of
Cattel
,
Corn
,
Lead
,
Tin
,
Hides
,
Leather
,
Tallow
,
Fish
,
Wooll
,
Wood
,
or
any
manner
of
Victuals
or
Merchandize
whatsoever
,
on
pein
to
forfeit
the
treble
value
of
the
things
so
brought
to
sell
again
,
one
Moiety
to
the
King
,
and
the
other
to
the
Informer
,
to
be
recovered
as
aforesaid
,
21
H.
8.
cap.
13.
In
what
Cases
they
may
sell
goods
,
&c.
But
it
is
provided
by
the
said
Act
,
that
if
a
Spiritual
Person
,
without
Fraud
or
Covin
,
do
buy
any
Horses
,
Mares
or
Mules
,
for
himself
or
Servants
to
ride
about
their
necessary
business
,
or
any
other
Cattel
or
Goods
,
to
be
imployed
and
put
in
and
about
his
necessary
apparel
of
his
own
House
,
or
of
his
Person
or
Servants
,
or
in
,
for
or
about
the
▪
occupying
,
manuring
or
tillage
of
his
Glebe
or
Demesn
Lands
annexed
to
his
Church
,
or
for
the
expenses
of
his
Household
keeping
,
and
after
such
buying
,
they
prove
not
for
the
purposes
they
were
bought
for
,
then
such
Spiritual
Person
may
Lawfully
bargain
and
put
away
the
same
.
And
it
is
further
provided
,
that
every
Spiritual
Person
,
not
having
sufficient
Glebe
or
Demesn
Lands
in
their
own
Hands
in
right
of
their
Churches
,
for
Pasturage
of
Cattel
,
or
for
increase
of
Corn
,
for
expences
of
their
Households
or
for
their
Carriages
or
Journies
,
may
Farm
other
Lands
,
and
buy
and
sell
Corn
and
Cattel
,
for
the
only
manuring
,
tillage
,
and
pasturage
of
such
Farms
,
so
that
the
increase
thereof
be
alway
imployed
and
put
to
,
and
for
the
only
expences
in
their
Households
and
Hospitalities
,
and
not
in
any
wise
to
buy
and
sell
again
for
any
other
Commodity
,
Lucre
,
or
Advantage
,
any
Corn
or
Cattel
renewing
,
coming
or
growing
in
and
upon
any
such
Farm
or
otherwise
,
but
only
the
Remainer
and
Overplus
above
their
expences
of
their
Household
,
if
any
such
shall
happen
to
be
bread
and
increase
thereof
without
Fraud
and
Covin
,
21
H.
8.
cap.
13.
And
it
is
further
enacted
,
that
no
The
Penalty
for
k●●●i●g
T●●●●●use
or
Brew-house
.
Spiritual
Person
Beneficed
with
cure
of
Souls
,
shall
occupy
by
himself
,
or
any
to
his
use
,
any
Parsonage
or
Vicarage
in
Farm
,
of
the
Lease
or
Grant
of
any
Person
or
Persons
,
nor
take
any
Profit
or
Rent
out
of
any
such
Farm
,
upon
pein
to
forfeit
forty
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
,
that
no
Spiritual
Person
of
what
degree
or
condition
soever
he
be
,
shall
have
,
use
or
keep
by
himself
,
or
any
to
his
use
,
any
manner
of
Tan-house
or
Tanhouses
,
Brew-house
,
or
Brew-houses
,
to
any
other
use
,
intent
or
purpose
,
then
only
to
be
spent
and
occupied
in
his
or
their
own
Houses
,
upon
pein
to
forfeit
ten
pounds
a
Month
,
one
Moiety
to
the
King
,
and
the
other
to
the
Informer
,
to
be
sued
for
as
aforesaid
,
21
H.
8.
cap.
13.
They
may
Farm
Houses
,
&c.
But
note
it
is
provided
by
the
said
Statute
,
that
it
may
be
Lawfull
to
every
Spiritual
Person
or
Persons
,
to
take
in
Farm
,
any
Messes
,
Mansions
,
or
dwelling
Houses
,
having
but
only
Orchards
or
Gardens
,
in
any
City
,
Borough
and
Town
,
for
their
own
habitation
and
dwelling
;
so
that
no
Person
Spiritual
,
other
then
such
as
are
Licenced
and
allowed
by
Law
,
have
any
Liberty
of
non
residence
by
colour
of
the
said
Proviso
,
21
H.
8.
cap.
13.
An
Information
was
exhibited
against
two
Parsons
,
upon
the
Statute
,
21
H.
8.
against
one
of
them
for
non
residence
,
and
against
the
other
for
taking
of
a
Farm
,
and
one
of
them
pleaded
sickness
,
and
that
by
advice
of
his
Physicians
,
he
removed
into
better
Air
for
recovery
of
his
health
,
and
the
other
pleaded
that
he
took
the
Farm
only
for
the
maintenance
of
his
House
and
Family
;
and
these
Pleas
were
held
justifiable
by
the
whole
Court
,
M.
10
Jac.
I.
S.
Plaintiff
against
Martin
and
Gunnistone
,
Boulstr
.
Rep.
2
part
,
f.
18.
Priests
,
&c.
punishable
for
incontinence
.
In
the
1
H.
7.
I
find
a
Statute
in
the
Printed
Books
of
Statutes
,
put
forth
by
Rastal
,
Poulton
and
Keeble
,
and
not
any
where
repealed
that
I
can
find
,
so
I
suppose
it
is
still
in
force
and
power
,
by
which
Statute
it
is
enacted
,
that
it
shall
be
Lawfull
to
all
Archbishops
and
Bishops
,
and
other
Ordinaries
,
having
Episcopal
Jurisdiction
,
to
punish
and
chastise
Priests
,
Clerks
,
and
Religious
Men
,
being
within
the
bounds
of
their
Jurisdiction
,
as
shall
be
convicted
afore
them
,
by
Examination
,
and
other
Lawfull
proof
,
requisite
by
the
Law
of
the
Church
,
of
Advowtry
,
Fornication
,
Incest
,
or
any
other
fleshly
incontinence
,
by
committing
them
to
Ward
and
Prison
,
there
to
abide
for
such
time
as
shall
be
thought
by
their
discretions
convenient
for
the
quality
and
quantity
of
their
Trespass
,
and
none
of
the
said
Archbishops
,
Bishops
,
or
other
Ordinaries
aforesaid
,
shall
be
thereof
chargeable
to
or
upon
any
Action
of
false
or
wrongfull
Imprisonment
,
but
that
they
be
utterly
thereof
discharged
in
any
of
the
Cases
aforesaid
,
by
virt●●
of
the
said
Act
,
1
H.
7.
cap.
4.
All
Citations
,
&c.
to
be
in
the
King
's
Nam●
.
In
the
1
E.
6.
cap.
2.
it
is
said
,
that
whereas
the
Archbishops
and
Bishops
,
and
other
Spiritual
Persons
in
this
Realm
,
do
use
to
make
and
send
out
their
Summons
,
Citations
,
and
other
Process
in
their
own
Names
,
and
in
such
Form
and
manner
as
was
used
in
the
time
of
the
usurped
power
of
the
Bishop
of
Rome
,
contrary
to
the
Form
and
Order
of
the
Summons
and
Process
of
the
Common
Law
,
used
in
this
Realm
,
(
seeing
that
all
Authority
of
Jurisdiction
,
Spiritual
and
Temporal
,
is
derived
and
deducted
from
the
King's
Majesty
,
as
Supream
Head
of
these
Churches
and
Realms
of
England
and
Ireland
▪
and
so
justly
acknowledged
by
the
Clergy
of
the
said
Realms
)
that
all
Courts
Ecclesiastical
,
within
the
said
two
Realms
,
be
kept
by
no
other
Power
or
Authority
,
either
forreign
or
within
the
Realm
,
but
by
the
Authority
of
his
most
excellent
Majesty
;
it
is
therefore
enacted
,
that
all
Summons
and
Citations
,
or
other
Process
Ecclesiastical
,
in
all
Suits
and
Causes
of
Instance
betwixt
party
and
party
,
and
all
Causes
of
Correction
,
and
all
Causes
of
Bastardy
o●
Bigamy
,
or
Jure
Patronatus
,
Probates
of
Testaments
,
and
Commissions
of
Administrations
of
Persons
deceased
,
and
all
acquittances
of
and
upon
accounts
made
by
the
Executors
,
Administrators
,
or
Collectors
of
Goods
of
any
Dead
Person
,
be
from
the
first
Day
of
July
,
then
next
following
,
made
in
the
Name
and
with
the
Stile
of
the
King
,
as
it
is
in
Writs
Original
or
Judicial
at
the
Common
Law
,
and
that
the
Test
thereof
be
in
the
Name
of
the
Archbishop
or
Bishop
,
or
other
having
Ecclesiastical
Jurisdiction
,
who
hath
the
Commission
and
Grant
of
the
Authority
Ecclesiastical
,
immediately
from
the
King's
Highness
,
and
his
Commissary
,
Official
or
Substitute
exerciseing
Jurisdiction
under
him
,
shall
put
his
Name
in
the
Citation
or
Process
after
the
Test
,
●1
E.
6.
c●p.
2.
The
King'●
Arms
,
&c.
to
be
put
in
the
Seals
of
Office
,
&c.
And
it
is
further
enacted
,
that
all
manner
of
Person
or
Persons
,
who
have
the
Exercise
of
Ecclesiastical
Jurisdiction
,
shall
have
expressed
in
their
Seals
of
Office
,
the
King's
Highness
Arms
decently
set
,
with
certain
Characters
under
the
Arms
,
for
the
knowledge
of
the
Diocese
,
and
shall
use
no
other
Seal
of
Jurisdiction
,
but
wherein
his
Majestie
's
Arms
be
Ingraven
,
upon
pein
,
that
if
any
Person
shall
use
Ecclesiastical
Jurisdiction
in
this
Realm
of
England
,
Wales
,
or
other
his
Dominions
or
Territories
,
and
not
send
or
make
out
the
Citation
or
Process
in
the
King's
Name
,
or
use
any
Seal
of
Jurisdiction
,
other
then
before
limitted
,
that
every
such
Offender
,
shall
incurr
and
run
in
the
King's
Majestie
's
displeasure
and
indignation
,
and
suffer
Imprisonment
at
his
Highness's
Will
and
Pleasure
,
1
E.
6.
cap.
2.
But
it
is
provided
,
that
the
Archbishop
Archbishop
of
Canterbury
,
&c.
may
use
his
own
Seal
.
of
Canterbury
,
for
the
time
being
,
shall
use
his
own
Seal
,
and
his
own
Name
,
in
all
Faculties
and
Dispensations
,
according
to
the
Tenor
of
an
Act
thereof
made
,
and
that
the
said
Archbishops
,
and
Bishops
shall
make
,
Admit
,
Order
,
and
Reform
their
Chancelcellors
,
Officials
,
Commissaries
,
Advocates
,
Procters
,
and
other
their
Officers
,
Ministers
,
and
Substitutes
,
and
Commissions
of
Suffragan
Bishops
,
in
their
own
Names
,
under
their
own
Seals
,
as
they
have
used
heretofore
.
And
shall
certify
to
the
Court
of
Tenths
,
their
Certificates
under
their
own
Names
and
Seals
,
and
shall
make
Collations
,
Presentations
,
Gifts
,
Institutions
,
and
Inductions
of
Benefices
,
Letters
of
Order
,
and
Dimissories
under
their
own
Names
and
Seals
,
as
formerly
,
notwithstanding
the
said
Act
,
or
any
thing
therein
contained
,
1
E.
6.
cap.
2.
Certificates
how
to
be
made
.
And
it
is
further
provided
,
that
all
Process
to
be
made
or
awarded
by
any
Ecclesiastical
Person
or
Persons
,
for
the
Tryal
of
any
Plea
or
Pleas
,
that
shall
depend
in
any
of
the
King's
Courts
of
Records
at
the
Common
Law
,
and
limited
by
the
Laws
and
Customs
of
this
Realm
,
to
the
Spiritual
Courts
to
try
the
same
;
that
the
Certificate
of
the
same
,
after
the
Tryal
thereof
,
shall
be
made
in
the
King's
Name
for
the
time
being
,
and
with
the
Stile
of
the
same
King
,
and
under
the
Seal
of
the
Bishop
,
Graved
with
the
King's
Arms
,
with
the
Name
of
the
Bishop
,
or
Spiritual
Officer
,
being
to
the
Test
of
the
same
Process
and
Certificate
,
and
to
every
of
them
,
1
E.
6.
cap.
2.
Minister
deprived
by
whom
.
Note
,
that
when
any
Minister
is
complained
of
in
any
Ecclesiastical
Court
,
belonging
to
any
Bishop
for
any
crime
,
the
Chancellor
,
Commissary
,
Official
,
or
any
other
,
having
Ecclesiastical
Jurisdiction
to
whom
it
shall
appertain
,
shall
expedite
the
Cause
by
Process
,
and
other
Proceedings
against
him
,
and
upon
Contumacy
for
not
appearing
,
shall
first
suspend
him
,
and
afterward
his
Contumacy
continuing
Excommunicate
him
.
But
if
he
appear
and
submit
himself
to
the
course
of
Law
,
then
the
matter
being
ready
for
Sentence
,
and
the
Merits
of
his
Offence
exacting
by
Law
,
either
Deprivatio●
from
his
Living
,
or
Deposition
fro●
the
Ministry
,
no
such
Sentence
shall
be
pronounced
by
any
Person
whosoeve●
but
only
by
the
Bishop
,
with
the
Assistance
of
his
Chancellor
,
the
Dean
,
〈◊〉
they
may
conveniently
be
had
)
and
some
of
the
Prebendaries
,
if
the
Court
be
kept
near
the
Cathedral
Church
,
or
of
the
Archdeacon
if
he
may
be
had
conveniently
,
and
two
other
at
the
least
Grave
Ministers
,
and
Preachers
to
be
called
by
the
Bishop
,
when
the
Court
is
kept
in
other
places
,
Can.
122.
The
Conclusion
.
And
now
,
Reverend
Sirs
,
having
(
not
without
great
pains
and
study
,
which
Solomon
saith
is
a
weariness
to
the
flesh
)
arrived
at
the
Period
of
my
intended
purpose
,
before
I
conclude
,
give
me
leave
to
acquaint
you
,
that
my
Lord
Cook
in
his
Epilogue
to
his
fourth
part
of
his
Institutes
saith
,
that
he
that
takes
upon
him
to
Write
,
doth
Captivate
all
the
Powers
and
Faculties
both
of
his
Mind
and
Body
,
and
must
be
only
Intentive
to
that
which
he
Collecteth
,
without
any
Expression
of
Joy
or
Cheerfulness
,
whilst
he
is
in
his
Work
,
the
truth
whereof
I
have
sufficiently
experienced
,
whilst
I
was
Composing
this
Treatise
;
So
after
this
,
if
my
pains
do
not
Merit
your
thanks
,
yet
I
hope
you
will
be
so
Candid
as
gently
to
censure
,
lovingly
to
Correct
,
or
easiy
to
Pardon
,
such
errors
and
mistakes
as
have
either
escaped
the
Press
or
my
Pen
,
knowing
that
humanum
est
errare
,
and
so
I
take
leave
,
and
shall
wind
up
all
in
this
short
Sentence
,
Vide
quod
non
mihi
soli
Laboravi
,
sed
omnibus
exquirentibus
scientiam
.
Deo
gloria
&
gratia
.
FINIS
.