A VIEW Of all the Laws and Statutes of this NATION Concerning the Service of God or Religion. Viz. The holy Scripture. The Lord's day, or Sabbath. Prayer. Preaching. Sacraments. Pluralities. First Fruits. Tenths. Residence, or Nonresidence, etc. By William Sheppard, Esq. Published by command. London, Printed for J. Wright at the King's head in the Old Bailie. 1655. Academiae Cantabrigiensis Liber The Contents. OF the Service of God or Religion. Scriptures. Sect. 1. Lord's day or Sabbath day. Sect. 1. Holy days. Sect. 1. Preaching. Sect. 1. 2. Heresy. Sect. 1. 2. Prayer. Sect. 1. 2. Blasphemy. Sect. 1. 2. Sacraments. Sect. 1. 2. Common prayer Book. Sect. 2. Churches and Church-yard. Sect. 2. 3. Directory. Sect. 2. Chapels. Or free Chapples. Sect. 1. 2. Union and Division of Churches. Sect. 6. Monasteries. Sect. 2. Abbeys. Sect. 2. Chauntries. Sect. 2. Clergy or Spiritualty, or Ministers. Sect. 2. 3. Metropolitan, or Archbishop. Sect 6 Bishop. Sect. 6. Archdeacon. Sect. 6. Congee See Eslier, or leave to choose a Bishop. Sect. 6. Regio Asscusu. Sect. 6. Consecration. Sect. 6. Suffragan. Sect. 6. Dilapidations. Sect. 4. Institution and Jnduction Sect. 3. 4. First fruits, or Annates. Sect. 4. Tenths, Sect. 5. Pluralities, or more Benefices than one. Sect. 4. 5 Residence and non residence. Sect. 4. Simony. Sect. 4. 3. Deposition or Ejectment. Sect. 3. Chaplain. Sect. 4. Subscription of Articles, Sect. 4. Quod clevici non eligantur, etc. Sect. 5. Quod personae nec Prebendarij etc. Sect. 5. Convocation and Convocation house. Sect. 5. Augmentation. Sect. 3. 5. Scandalous Ministers, Sect. 3. 5. Of the Service of God, or Religion. AS touching the 1, The great regard the law hath of Religion. service of God, or Religion, & the Laws of the Nation now in force, and of use relating thereunto, these things are to be known. First, That the Christian religion contained in the Scriptures, is held forth and Commended as the profession of these Nations, yet so as no man is to be Compelled to it by penalties, or otherwise then by Sect. 1. the endeavour of sound Doctrine, and the examples of good Conversation, and by the encouragement of painful, and able teachers for instructing of the people, and Confutation of error, and heresy. Government, Acts 35.36. 37. 2. That such as profess faith in God by Jesus Christ, though differing in JUdgement from the Doctrine, Discipline, or worship publicly held forth, shall not be restrained, but protected in the profession of the faith, and exercise of their Religion, so that they abuse not this liberty to the Civil Injury of others, and to the Actual Disturbance of the peace on their parts. Provided that this liberty be not extended to Popery, or Prelacy, not to such as under the profession of Christ hold forth and practise licentiousness. Government, ACts 36. 37. 38. 3. That the law hath a special regard of it, and therefore it holdeth forth these religious principles. That Religion, and Justice are the main pillars of the Common wealth. 2. And that that is the best reason that makes for religion Coo. 5. 14. The main things the law doth take care of in order to the advancement, and preservation of Religion, are Religious Times, or days; Religious things, as the holy Scriptures, holy Ordinances, or worships, and an orderly performance of them; Religious places, and religious orders of men and officers, such as are the ministers of the Gospel, and as to them their due Qualification, Election, Disposal and reward. As touching religious 2. Lord's day. Times, these things are to be known. 1. That by our law there is no day now ordinarily to be kept holy but the Lord's day. Act 27. Sept. 1650. The Common and statute law also doth highly advance the Authority, and severely enjoin the Sanctification, and forbidden all manner of profanation of this day. Stat. 5. and 6. Ed. 6. chap. 3. Plow. 265. Coo. 9 66. And therefore all works (but works of Piety, Charity, and other works of necessity) are forbidden on this day. And for this 'Cause it is, that if any part of the proceed of a suit in a Court of Justice be entered, and recorded, as done this day, it makes it all void, and all serving warrants, or process on this day, but in special Cases, is void: and it is a rule Dies Dominicus non est juridicus. And if a Keeper's Deer be stolen out of his Park, whilst he is at Church serving God (though this in another case be a forfeiture of his office) yet in this case, and at this Time it is not at all penal to him. 5. Edw, 3. 27. 2. But this not withstanding, it is lawful to pursue and arrest felons such as break the peace, suppress uproars, quench fire in houses, visit sick people, and the like. Coo. 5. 83. Blow 265. See more of this in my office of the Justice of peace cap. of the Lords day. 3. But as to the other holy days called Holy days feast days, they are now totally abrogated and at an end Act 27. Sept. 1650. But the 5th. day of Novemb. we are to meet once to thank God for our deliverance from the Gunpowder Treason. State. 3. James. ch. 1. As touching the holy 3. Holy Scriptures Scriptures these things are to be known (1) the maxims of the law concerning them, which are these. 1. That they are of sovereign Authority, 34. H. 6. 40. 2. That the Gospel of J'esus Christ is of infallible truth. 3. That any Statute, Prescription, Custom, or Cannon against it, is void and not to be Admitted. 4. To maintain, 4. Blasphemy & Heresy. and publish by preaching, printing, writing, or teaching any thing contrary to them, as in the first place, That there is no God, that he is not present in all places, that he doth not know, and foreknow all things, that he is not Almighty, that he is not perfectly holy, that he is not eternal, or that either of the three persons of the God head is not God, or that these three are not one Eternal God, or that Christ the Son is not equal with the Father, or shall so divide the manhood of Christ, as that his Godhead & manhood are several natures, or deny that the manhood of Christ is without sin, or that Christ died, rose again, or did not ascend into heaven bodily, or that his death is not meritorious Sect. 2. to believers, the Resurrection, or day of Judgement, or that the Scriptures are not the word of God, or that Christ is not the Son of God, and shall be obstinate herein, it is felony. And in the second place if any man affirm as before that all shall be saved, that man hath free will, that God may be worshipped by Images, Purgatory, or that the soul dieth or sleepeth after death, that the revelations or workings of the spirit are a rule of faith, though against the word, that man is not to believe above reason, that the moral law is at an end, that a Christian need not pray nor repent, that baptising of Infants is void and unlawful, or deny the Lords day, or Sacraments, or the Ministers, and Magistrates office, or are rebaptised, and be obstinate herein, is to be imprisoned, till he give sureties not to do so again. And in the third place, if any seriously maintain (he being not distracted) by word or writing, any creature to be God, or to be equal with God in his Attributes, or that God dwells in the Creature or shall deny the holiness, and righteousness of God, or say that wicked persons, or wickedness, or wicked acts of swearing, drunkenness, or lewdness, are not unholy against God's word, or are approved by him, or that such things, or such persons therein are like God, or shall say that these acts of denying or Balspheming God, or the holiness, or righteousness of God, or that the acts of cursing God, or swearing profainly or falsely by the name of God, or the acts of lying, stealing, cozening and defrauding others, Sodomy, Drunkenness, filthy and Lascivious speaking, are not things in themselves shameful, wicked, and abominable in any person whatsoever to be practised, or shall affirm that the acts of Adultery, Drunkenness, and the like open wickedness are in their own nature as holy, and righteous, as prayer preaching, or giving thanks to God, or shall maintain, That whatever wickedness is acted by them may be done without sin, or that such acts are acted by God, or the Majesty of God, or eternity that is in them, that heaven and happiness is in the acting of these things, or that such men as act them are most like to God or Eternity, which do commit the greatest sins with least remorse, or sense: or that there is no such thing really and truly as sin, unrighteousness, or unholiness, but as a man or woman judgeth thereof, or that there is neither heaven, nor hell, salvation or damnation, or that these are one and the same thing etc. For the first offence herein he is to be imprisoned in the Gaol, or Bridewell 3. months without Bail? for the second offence to be banished, and if he return to suffer as a felon. Ord. 2. May. 1648. 9 August 1650. But now we must examine how the punishment of men upon these will stand with the Articles of the Government, which willeth that men be not punished for their opinions that hold the head-faith in God by Jesus Christ, and do not Injury, nor make disturbance, nor hold forth nor practise Popery nor Licentiousness. It seems then necessary here to distinguish amongst these opinions, and to make these only punishable by these Acts and Ordinances, which deny the Godhead in his Essence, or Attributes, or Christ in his natures, or offices, of which sort are most of the first, and last rank: And all those that tend to Licentiousness, as all those of the last rank. And those that are popish, as Freewill, Purgatory, Images, and the like, such as are against the Scripture, as that revelations and workings of the spirit are the rule of faiththough against the word of God and such like. And those that are against Magistracy, and Sect. 2. Ministry altogether, and such like, which are against peace, and tend to licentiousness: that these only are to be punished: And that the Lesser, and not Dangerous opinions, Denying Presbytery, baptising of Infants, and affirming that men must be rebaptised, and the like, That these are not punishable now by these laws. Quere therefore well of this. As touching the external worship of God, 5. The Preaching and Hearing of God's word: Prayer to, and praising of God: And Administration of the Sacraments. by preaching and hearing God's word, prayer to, and the praising of God, and the Administration of the Sacraments, these things are to be known. 1. The Law requireth that these things are to be done. 2. That they be solemnly, constantly, unanimously, purely, reverently, and Devoutly done, and performed both by the Minister, and the people: see it in the Stat. 5. & 6. Edw. 6. 1. 1. Eliz. 2. 23. Eliz. 1. 13. Eliz. 1. but most lively and excellently in the preamble of the statute of 5. & 6. Ed. 6. cap. 3. & cap. 1. 1 Ed. 6. cap. 1. 2. & 3. Ed. 6. 1. 3. But men are not by law bound now to, but forbidden the use 6. Commonprayer-book. of the book of Common prayer, nor are men now bound in the worship of God to the superstitious rights thereby enjoined and formerly used, as the Cross in Baptism, kneeling at the Lords Supper, and bowing at the name of Jesus: But these are sent after the Abominable Mass to the place from whence they came, Act 27. Sep. 1650. Ordinance 3. Jan. 1644. Ordi. 23. August 1645. But the external form, and Order 7. Directory. now by the law set forth, and Commended to the Nation for the doing of these services of God is the Directory. For this by a law is to be put in execution for public worship in all places, Ord. 23. August 1645. And as to these things this is here to be known. 1. He that useth the Common-prayer book in public or private, forfeits for the first offence 5 l. for the second offence 10. l. for the third offence Imprisonment for a year without Bail. 2. He that doth not use the Directory, or by writing, or otherwise doth deprave it, shall be fined by the Judges at their discretion, not under 5 l. nor above 50 l. This law seems now to be altered by the Government. Art. 36. 37. 38. And that no man now is to be molested about forms of Religion: And that this is the sense of the present Authority appears by the Ordinance for ejecting of scandalous Ministers Aug. 29. 1654. As touching Religious places, such as are Churches, and Chapels, 8. Churches. which are greater, and lesser meeting places of parishes, only these things are to be known. 1. That the law doth not own them as places capable of holiness by any Consecration, but as convenient places for the meeting of the people, and doth therefore take care for the keeping of them repaired, For which see my Book of the office of Churchwardens, and Act 9 Feb. 1647. 2. The law doth take order for keeping of the Congregations there about God's worship in peace without Disturbance, & therefore any Disturbance done there is very penal, 2. & 3. Ed. 6 ch. 1. 1 Eliz. 2. 1 Marry 3. And all fight, quarrelling, or striking there, or in the Churchyard, is to be severely punished, Stat. 5. & 6. Ed. 6. 4. Church-yard. 3 For the better securing hereof, the Churchyard is also to be defended in peace. Stat. 5. & 6. Ed. 6. ch. 4. It is therefore ordered, that if any do maliciously strike another, or draw his weapon of purpose to strike another in any Church, or Church yard, he is to have one of his ears cut off. 5. & 6. Ed. 6. ch. 4. 4. But the parishioners are not now bound as heretofore to come to their own Assemblies, or parish, or to any parish Church to serve God, but so as Going to Church, they serve him, they may join themselves unto what Assembly, and in what place they please. Act 27. Sep. 1650. 5. As for other places called heretofore religious houses, such Monasteries, Abbeys, Chantries as were Abbeys, Priories Monasteries, Chantries, being places of superstitious chanting or singing, and such like houses they are abolished, and gone, and Conventual Cathedral Churches, for Bishops, Deans & such, like are going after them, but it is parish Churches and Chapels the law takes care of. See Free Chapel. As touching Religious 9 Religious Persons, or Clergy. persons, that is Ministers, and preachers of the Gospel sometimes called in our law by the name of religious men, sometimes by the name of Clergymen, sometimes Ecclesiastical persons, sometimes spiritual persons, sometimes (but improperly) the Church, and sometimes Parsones, Curates, and Vicars, as to these, and the law concerning them, in order to the preservation of religion, these things are to be known. 1. That they are to be well qualified Sect. 3. for, and orderly Called, and Admitted into the office, and then being called to any people or parish their duty is to look to, and watch for the souls of these people, to dispense the bread of life by preaching, to pray for the people, to use and show charity toward the poor, and hospitlity towards all; and that this may be the better done, the law doth require they should be resident, and will not allow them to be absent from their Charges, but by some special dispensation. And for this they are to have the profits of the Church, and churchhay the Glebe land, and the Tithes of all the yearly increase within the parish, also the oblations, obventions, and mortuaries usually paid in the place, And all encouragements; And that the present maintenance by Tithes be not taken away, nor impeached, until a better provision can be made: Government: Art. 35. And in respect of their continual Attendance upon their sacred function, they are freed from all personal charges that may hinder them in their calling, for such shall not be chosen, Baliffs, Beedles, Reeves, or other such like officers, nor be compelled to come to the Sheriffs Leete, and they may have an action of Trespass for any Trespass in the Trees, or Grass of the Glebe, or Church hay, they may make any lease of their Tithes, or their Glebe during the time they are Parsons, but they can do no Act to bar their successors now, unless it be within the statutes of Ecclesiastical persons: for they have not the mere right of the land in them in right of their Churches, but the fee-simple is in Abeyance, and therefore they cannot Discontinue, but every Act they do will be avoided, when they cease to be incumbents, except such as be done by consent of Patron and Ordinary which will bind for ever, if none of the statutes touching Ecclesiastical persons hinder. But for the particular opening of these things and the setting forth the law herein, as it stands at this day we shall speak something to these two things. 1. What he is to be and do. 2. What he is to have and receive; For the first of these. 1. The law requires Qualification of Ministers. that such as enter into the office of a preacher of the Gospel be duly qualified, that he be unblamable in Conversation, found in opinion, able to teach, and for this the Bishop was carefully to examine him, and by information from others to satisfy himself herein: and now there are called commissioners specially appointed to try, examine, and Admit such as are presented to any place: And as touching them, and this thing, know these things: First, that none can come into any Benefice, or Lecture now, but he must pass through this examination, and have their Approbation under seal of their office. Secondly, this being done, it will be as much, and as Institution and Induction. good as Institution, and induction. Thirdly, These Commissioners, before they approve any must have a Certificate under the hands of three persons at least, whereof one a Minister of known Godliness and integrity, of the holy and good Conversation of the man. Fourthly, Augmentation. All persons that will receive any Augmentation, by Parliament provision must be thus Approved, and Allowed. Ord. 20. March 1653. 2. He ought to be Admitted, and Allowed: he was therefore to be Called, Approved, and allowed by a Bishop or by one of the Universities. And with out this no man was to have taken upon him Presentation. the office. Stat. 13. Eliz. 12. 31. Eliz. 26. 3. And he that is to come to a Benefice at this day must have some kind of presentation to it, such as the time doth yield, if it be from the LORD PROTECTOR, or the Keepers of the great Seal by the great Seal, from any other, he must have a gift, or collation: but here by the way for a third thing it must be noted, that the presentation; Collation must be free, and the Incumbent must come in without corruption. And it is therefore provided by the 13. Eliz. cap. 1●. that if any sell any spiritual living, as if a patron take money, or other reward to present his Clerk or a clergy man to any parsonage, or Vicarage, or take upon him the Parson, or Vicar, or promise for any reward to resign again upon request; all such presentations and the Institutions and Inductions thereupon gotten by this means are void, and the party giving, and taking do each of them forfeit the double value of the church for one year, And the party that doth give is hereby made incapable of 10. Simony. that Church for ever. Stat. 13. Eliz. chap. 6. wherein these things are farther to be known. 1. That if a man give the reward himself he is said to be simoniacus, but if it be given by another without his privity, he is said to be simoniace promotus, and in both cases it is alike Dangerous and penal, Coo. on Litt. 120. 2. A (the Church being void) contracts Simoniacally with the patron to have the presentation, and upon this Corrupt Agreement he presents R, a man ignorant of this agreement: in this Case he was removed: Calverts Case in the Exchequer in brownlow's Rep. 2. part. 164. 3. This law of Simony doth hold as well where the patron that doth present is an usurper, as otherwise, but in this case the rightful patron, and not the LORD PROTECTOR shall have the next presentation, but otherwise it is where the rightful patron doth make such a corrupt contract. Coo. on Litt. 120. For in this case albeit he that comes in upon this corrupt contract be admitted, and die in the Parsonage, Sect. 4, yet the LORD PROTECTOR hath not lost his Turn, but shall present: but if he had resigned, or made session, and then another had been presented, and then the first Clerk had died, than the LORD PROTECTOR had lost his presentment. brownlow's Rep. 1. part. 164. 4. But to Sell or buy for onesself, or for some other the next Avoidance of a Benefice for reward, it seems is not simony M. 8. Jac. B. R. And yet see Winch●ombes case 14. Jac. C. B. the case was, A, a Clerk, when the Church was full, agree with the patron to give him 98. 1. when the Church should become void, the then Incumbent being a very old, and sickly man, and Agreed that the patron should grant the next Avoidance to a friend of the Clerks who did present him, this was held a Simonical contract. see in this Rep. 2. page. 7. A contract by one with the Patron's brother (the Church being then full) that if he could procure three grants of the next Avoidance to be surrendered, and the patron to present him when it became void, he would make him a leaf of parcel of the Tithes of the Rectory, and he during the life of the Incumbent got the grants to be surrendered, and all the rest was done, and it was Agreed to be void. 5. And in this case the Church will be void without deprivation or sentence Declaratory: March 84. pl. 139. 6. An Incumbent presented by Simony cannot sue a parishioner for Tithe. March 84. pl. 139. see more Coo. 3. part. Inst cap. 71. But the law at this Subscription and reading of Articles. day doth not require that he should read and subscribe the Articles of Religion, nor Oath of supremacy. take the Oath of Supremacy, nor observe any of the Orders, forms, or Ceremonies contained in the Book of common prayer, or in the Cannons, nor that he should be Instituted and Inducted into a Benefice when he is to receive it, but it is sufficient that the same be given to, or Conferred upon him. Commonprayer. And now by the new Ordinance March 20. 1653. it is declared that all those that come into any Benefice according to the rules thereof, shall be as fully entitled to the Institution and Innuction. same, as if they had been instituted, and inducted into it: and by another new Ordinance, 30 August. 1654. it is provided, That where one was formerly Evicted or sequestered, and yet he keeps in the place, and none was put in by the 30th of August 1654. the Patron may present within four Months after the 28th of August 1654. to the Commissioners for approbation, & they may admit him. And in places of all such Ministers as the Commissioners of the Counties shall eject for scandal etc. the Patron must present within four months after the Ejectment to the Commissioners for Approbation. And if he that is ejected die or resign, these Commissioners for approbation may give the Minister admission, and this is as good as Institution and Induction in all these cases. 2. Being in the office, and a charge in his hands, he ought then to be resident, and abiding amongst his people, and there to 2. Nonresidence what it is. watch over, and look to their souls, and there to be an example of piety, sobriety, honesty, Charity, and hospitality to them. And it is forbidden him to be non resident And therefore plurality Plurallitie, what it is. (that is) that such a man should have two or more spiritual live, or promotions is generally forbidden to such a man; And the Consequence of it is this, that by the taking of the second the first doth become void, and session, what. he looseth the first by Session. And this is against the Ancient common law itself; And it is now forbidden by divers statutes, except only in some Chapplaine, who. special cases, to some great men's Chaplains (that is) such Ministers as depend upon them for the service of God in their houses, where commonly they have a Chapel. But if any such person having a Benefice (be it Where a Minister may be none resident and have plurality of live. Or not. parsonage or vicarage) shall not be resident upon it, but wilfully absent himself by the space of one month for a time, or two months at several times in one year, he looseth 10. 1. by the Stat. of 21 〈◊〉. 8. 13. and no dispensation will serve in this case. But such persons as were in the King's service beyond the sea during that time only, scholars under forty years old studying at the University, that have ofsice, or do exercise there, and are in the University, and present at their house Excrcises, and such as did exercises themselves, the Chaplains of the King, and divers other great persons might have been none resident so long as they were Attending upon such great men in their houses; so such as are imprisoned, or sick or attending upon, and by order of any Court, are excused of their residence. And if there be a Parsonage house, some hold that he must be resident upon it, but if not he may reside else where in the place. Coo. 4. 79. 118. 9 Ed. 3. 22. F. N. B. 34. Articuli cleri. 8. 9 Ed. 2. 14. H. 8. 17. Co. 6. 21. Stat. 28. H. 8. 23. 26. H. 8. 14. 15. 11. 8. 16. 33. H. 8. 28. If any man that hath a Benefice with Cure of souls of the yearly value of 8. l. or above do accept of, and shall be duly put into another Benefice with cure of souls, and be in possession thereof, the first shall be Adjudged void, and the patron may present again; And no dispensation can be in this Case. 2. He is amongst his people to teach nothing but sound doctrine and purely to administer the holy Sacraments, he is to take care of the holy worship of God. For this see Coo. 11. 70. 6. 21. Stat. 13. Eliz. ch. 12. 2. and 3. Ed. 6. 1. 5. and Sect. ●. 6. Ed. 6. 6. 3. He is to preach once the 5th of Novem. Stat 3. Jac. 1. 4. But he is not bound now to, but forbidden the use of the Common-prayer-book Common-prayer. nor is he bound now to any Ceremonies therein, Ceremonies, nor any thing enjoined concerning the same, or by the Bishop's Canons, or touching the reading of the Articles of Religion, or the statute of 5. and 6. Ed. 6. to persuade men to come to their parish Church, for these laws are abrogate Ordi. March 5. 1653. Act 27. Sept. 1650. Ordi. 3. Jan. 1644. 5. He is to take care 12. D lapidations. to keep up, and maintain in good repair the houses, and buildings standing upon, and belonging to his Benefice. For if there be any dilapidations (that is) wilful, or negligent ruin, or decay therein, the executors, or Administrators of the persons in whose time the same was done or suffered, must make amends to him that doth succeed in the same spiritual living, And he might have sued for the same in the spiritual court. And if the offender in this case had made a deed of Gift, to defeat the successor of the effect of his suit, it had been void Stat. 13. Eliz. 10. The spiritual court being now gone, we know not what remedy may be had in this case, unless the Chancery will give relief herein. But by the new Ordinance Aug. 29. 1654. The Ministers put into places in the room of others put out for scandal etc. are to look to the repair of the houses, and be forced by Justices of the peace thereto. Also the sequestrators whilst they have it in their hands must repair out of the profits. He is to take care to 13. First fruit and Annates what. Discharge the First-fruits and Tenths, that the charge thereof be not left upon his successor; The first fruits are the profits of every spiritual living for one year. And this had now been given to the LORD PROTECTOR, the Ordering of which is in the Exchequer. For every one that is chosen, appointed, and presented to any parsonage, or vicarage which doth exceed the value of 8. Marks must before he intermeddle with the profits thereof, pay unto, or agree, and give security for to the LORD PROTECTOR, or such as he doth appoint to take the same, the first fruits of their spiritual promotion, under pain to forfeit the double Value thereof. And if the Benefice be under 8. Marks in value, than he is to give security to pay the same first fruits three years after his induction thereunto Stat 27. 8. 7. and 3. Ed. 6. 20. 7. Ed. 6. 4. 1. Eli. 4. 34. 35. H. 8. 17. Stat. 26. H. 8. cap. 45. 5. March ch. 10. 1. Eliz. ch. 4. But it seems all this now is set a part for the maintenance of the Ministry. See Act 8. June 1649. So also he is to discharge Tenths what. the tenths; the tenths are a yearly portion of Tribute to the value of the tenth part of all the profits appertaning to a spiritual living. And this is now reduced to a Certainty, and known. And this every parson, and vicar must have paid before the first of April, yearly to the use of the Lord Protector. It was wont to be paid to the Bishop, and by him into the Exchequer, but now it is paid immediately into the Exchequer; & by that Court the same is forced in Stat. 26. H. 8. 3. 32. H. 8. ch. 45. 5 Mary 1 Eliz. 4. But this also it seems is now employed as the first fruits are Act. 3. june 1649. and Ord. 2. September 1654. 7. He may not meddle with any temporal Jurisdiction or Authority, to the exercise whereof he is disabled, 16, 17. Car. 17. And he is forbidden the taking of Farms, or taking of Parsonages, or Vicarages, and the involving of himself in secular affairs, see for this 21. H. 8. 13. Dyer. 358. 8. He is forbidden by Law to make a destruction upon the Benefice, or to lessen the Revenue, and therefore he can lay no charge nor make any estate upon any part of it for longer time than his own life, except only of such Lands as have been usually let, which he may let for three lives, or 21 years. Stat. 13. Eliz. 1. 14. Eliz. ●. 18. Eliz. 10. And no Lease he can make of such a Benefice with Cure is good longer than he is ordinarily resident, and serving the cure there without absence above fourscore days in one year, Stat. 13. Eliz. 20. 18. Eliz. 10. 14. Eliz. 11. And yet he that is allowed to have two Benefices, may let one of them to his Curate that shall serve that cure. But that Lease will be good only so long as the Curate shall be resident there without forty day's absence in one Rat●. year, 13. Eliz. 20. 18. Eliz. 10. 4. Eliz. 11. 9 He is as another man to pay his share of rates to the poorer Church, & highways▪ And now for the second thing what these persons are to have and receive, these things are to be known: they have to their persons divers privileges above other men. For First, such a man cannot be Arrested upon a Statute Merchant, or Staple; and if he be, he may have a writ called Quod Cle●cus capes virtute ●atui deberetur▪ ●hat Quod clericus captus & deliberetur, nor may he be Arrested for any cause but felony, whilst he is bona fide in the doing of his office and about his divine function. And if therefore he be taken out of the Pulpit, whilst he is Preaching or praying some have said that for this he may have an Action of false imprisonment against them that do it: But whether it be so or no, this is certain, that for this the persons that do it may be indicted and fined. And for Arresting a Minister in the going to, or coming from Church about the service of God, the Bailiffs and those that have any hand in it may be bound to the good behaviour. But if the Minister shall keep himself in the Church of purpose to prevent such Arrests this privilege will not hold, Regist. Orig. 147▪ saint. 50. Ed. 3. ch. 5. 1. R. ●. 15. 1 M. 3. Secondly▪ He is to be freed, and exempt from, and not bound to serve in any office that may disturb or distract him in his calling. And therefore he is not bound to serve the office of Gonstable, Constable, Tythingman, bailiff, beedle, churchwarden, overseer of the poor, or the like Office; and albeit he hath secular Lands besides his spiritual promotion, & in respect thereof chargeable if he were another man, yet he is exempt for this also: And if any such office be put upon him he may be relieved by a writ called, Quod clerici non eligantur in officio Quod Clerici non eligantur in officio what etc. And by this writ he may be discharged, F. V B. 177. 3. He is not bound to appear or do service in a Leet, or Law day, as other men are, Marlb. chap. 10. and to discharge them if they were, they had a writ to relieve them, F. N. B. 160. 4. They ought not in person to serve in the wars: Also they ought to be quit and discharged of Tolls & Customs, Average, Pontage, Paviage, and the like for their Ecclesiastical goods: And if they had been molested therefore, they might have had remedy by a writ provided for the purpose: But this and many others are gone and lost, see Coo. 2. part of his Inst. 4. 121. 4. And as they have privileges for their persons, so for their possessions of Lands & goods, therefore it is provided that no distress be taken in the ancient Fees or Lands belonging to the Church, as in the Glebe of a Parson; or the like, that their goods be not distreined for a fifteenth due from the whole Parish; if they be, he may be relieved by a writ called, Quod personae, nec prebendarii Quod personae nec prebenda●ij distringantur etc. distring antur; etc. That neither themselves nor their Farmers; or Tenants were to be forced by Surveyors for the King's use, see for this 9 Ed. 2, ch. 9 F. N. B. 173, 176. Cromp: Jur. 38. 4. They are to have a competency of maintenance: And for this the Law gives them these things: First, they are to have the houses belonging to the Minister, the Glebe, the Tithes, the profits of the Churchyard, the oblations, obventions, & Mortuaries thereunto belonging; but for all this see my Book of Tithes; and the profits sequestered and received during the vacation are to be paid unto the Parson succeeding, save only the charge of taking in, etc. And for serving the cure in that Erublements. time, 21. H. 8. 11. They are to have the Corn growing upon the Glebe when they die, and may by their will give it to whom will. they will, 21. H. 8. ch. 11 3. They may make Leases. any Lease of, or charge upon their Benefice for their own lives, and Leases for three lives, and one and twenty years of the Land that hath been usually so let, Stat. 13. Eliz. 10. 4. There are now divers 14. Augmentations. additional helps for their maintenance by way of Augmentation, as touching which these things are to be known. 1. There is a great Revenue given to be employed to this purpose, and Commissioners especially appointed to take and receive account thereof, and to look to the improvement thereof; see the Acts and Ordinances June 8. 1649. April 5 1650. Sept. 2. 1654. 2. These Laws judge an hundred pound a year competent for Ministers, save only in Towns and Cities; 3. These Commissioners are to overlook all the Augmentations, and by, and with the Approbation of the LORD PROTECTOR, and his Counsel they may make, add to, and take from what they please. 3. For their help of maintenance, they may divide, or unite Churches; as touching which take these 15. Union and Division of Parishes and Churches. things. The Commissioners may procure from the Chancery the Return of all the former Commissions executed, and have new Commissions where they please, for the discovery of the value of parsonages and vicarages, with, or without cure of souls, the Incumbents situation of the Churches, etc. 2. When they are informed of the Case, by and with the approbation of the LORD PROTECTOR and his counsel out of Parliament Time, they may unite two or more Churches together, and all the profits thereof, if one of them be not maintained at the charge of the Parishioners, and appoint which Church shall be the meeting place, and then they must be taxed altogether to repair, but other taxes shall go as before, and have their Church wardens as formerly; the patrons shall present by turn, as the Commissioners shall set down. 4. In this case where they see good they may pull down one of the churches, and keep the materials for public use▪ 4. They may also, by, and with the Approbation aforesaid, sever and divide Parishes, and fix the maintenance out of the profits of the Church where they think fit. See the Ordinance at large for these things. 5. And now in the last place, if being in 15. Scandalous and ill affected Ministers and Scholmasters. this office he be found insufficient, or ill affected, or be scandalous there for his life or doctrine, he is to be ejected by Ordinance, 29. Aug. 1654. And for this these things are to be known. There are Commissioners of every county to put in execution this Ordinance. 2. Any five of these Commissioners may convent before them any scandalous, ignorant, negligent, insufficient, and disaffected Minister, preacher, schoolmaster, and examine Witnesses against, and put him out of his place, if they find him guilty of matter of scandal, or ill affection to the Government in any of the Particulars here mentioned. 3. The things for which he is to be put out are▪ 1. If he hath been formerly ejected, or sequestered, and yet keeps in his place. 2. If he hath held, and maintained any of the Blasphemous opinions of the third and last rank before named at Sect. 1. or have held, taught, & maintained the Pope's supremacy, Transubstantiation, Purgatory, worshipping of Images▪ that the Consecrated Host, Crucifixes, or Images are to be worshipped. That Salvation may be merited by works; or be found guilty of profane swearing, or cursing, Perjury, or subordination of Perjury, Adultery, fornication, Drunkenness, common haunting of Taverns, or Alehouses, frequent Quarrelling or fight, frequent playing at Cards, or Dice, profaning of the Sabbath day, or allow the same in their families, or countenance it in their parishes, or scholars, or have publicly, and frequently read, and used the book of common-prayer since 1. Janu. 1653. or have been publicly profane scoffers at, or revilers of the strict profession, and professors of Religion, or Godliness; or do encourage, or countenance by word, OF practice Whitsun Alice, Wakes, Morrice-dances, May poles, Stage-plays, or such like licentious practices, or have by writing preaching, or otherwise declared their disaffection to the present Government, or are negligent, nonresident, and careless of praying, preaching &c: or of their scholars if they are schoolmasters having no excuse for it 3. If he be put out for insufficiency, it must be with consent declared of five Ministers also. 4. Where they put out a schoolmaster they may put in anoother as long as he lives, as oft as the place shall be void. 5. They may sequester the profits live out of which they put out any Minister in the hands of some of the Parish, to provide for the place, repair the houses, and to keep for the next Incumbent. 6. If the party put out be gone, they may allow his wife and children a fifth part, and force payment there of by sequestration. 6. None may keep school in the place where he was put out, under pain of 10 s. a day; see the Ordinance of 2. Sept. 1654. at large. And now as touching all the rest of the Rabble of the men, and orders formerly called religious, of the Regular and secular Clergy, such as were the Abbots, Priars, Monks, Friars, Canons, Nuns, Arch-Bishops, Bishops, Deans, Arch-deacons, Prebens, and the like, these are abolished, and gone, and not owned by our Law at this day, Ord. 9 Octob. 1646. We Metropolitan. Bishop. Suffragan! Consecration. Congede Estier. Regio Asssensu. are silent therefore about Metropolitans, Bishops, Suffragans, and say nothing of Congee de Estier, Consecration, regio Assensu, and such like abolished things, See Name. The Convocation house Convocation hours was the house wherein the whole Clergy, did assemble to consult of matters Ecclesiastical in time of Parliament. It did consist of two houses, an upper house where the Archbishops and Bishops alone did sit, and a lower house, where all the rest of the Clergy did sit; And the lower house, was made up of Clergy Proctors of the Clergy. men Chosen for Cathedral, and Collegiate Churches; and for the common Clergy of every Diocese, which were called Proctors of Prolocutor. the Clergy, like to the members of the house of Commons, And in both these houses they had one they called a Prolocutor, like to the the speaker in the Parliament. But these Cannons. things are now gone and abolished. And yet it seems the provincial, or Sinodal Cannons, and Constitutions formerly made by the Clergy in the Convocation house, or in their other convocations that are not contrary to the royal Prerogative, or the Laws, and Customs of the Realm are still in force, if there were any way to put them in execution, as there is not, for the Bishops and their Courts are gone, and therefore the cannons can be of no force at this day Stat 25. H. 8. ch. 19 27. H. 8. 15. 8. Ed. 6. ch. 17. As to Discipline by Church Censures, th●● Discipline is now left to the Regular, and orderly Churches to be used and Ordered amongst themselves in Christ, and his Gospel's way. But for National discipline by way of Excommunication, suspension, and the like, there can be none such used in these days, Bishops being gone, for there is no Law, nor way for it. S●● the old Statutes of the Clergy and that 〈…〉 them. 〈…〉 H. 6. 1. 〈…〉 5. Westm. 1. 〈…〉 5. 1. 〈…〉 H. 4. 〈…〉 and 〈…〉 Act 〈…〉 〈…〉 of 〈…〉 2●. 〈…〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sale of their Lands. 25. June 1649. 23: June 1649. 2. June 1649. 20. June 1649. FINIS. Sheppard, of the Laws concerning Religion.