AS touching the1, 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 conteined in the Scriptures, is held forth and Commended as the profession of these [Page 2] Nations, yet so as no man is to be Compel­led to it by penalties, or otherwise then by Sect. 1. the endeavor 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 errour, and he­resie. Government, Acts 35.36. 37. 2. That such as professe faith in God by Jesus Christ, though differing in JUdgement from the Doctrine, Discipline, or worship publickly held forth, shall not be re­strained, [Page 3] 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 daies; 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 [Page 5] are the ministers of the Gospel, and as to them their due Qualificati­on, Election, Disposal and reward.

As touching religious2. Lords 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 Lords day. Act 27. Sept. 1650. The Common and statute law also doth highly advance the Authority, and severe­ly injoyn the Sanctifi­cation, and forbid all manner of profanation of this day. Stat. 5. and 6. Ed. 6. chap. 3. [Page 6] 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 proceedings of a suite in a Court of Justice be entred, and recorded, as done this day, it makes it all void, and all serving warrants, or processe on this day, but in spe­cial Cases, is void: and it is a rule Dies Domini­cus non est juridicus. And if a Keepers Deer be stollen out of his Parke, whilest he is [Page 7] 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, suppresse up­roars, quench fire in houses, visit sick peo­ple, and the like. Coo. 5. 83. Plow. 265.

See more of this in my office of the Ju­stice of peace cap. of the Lords day.

3. But as to the o­ther [Page 8] holy daies calledHoly daies feast daies, 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 ho­ly3. 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 soveraigne Authority, 34. H. 6. 40. 2. That the Gospel of J'esus Christ is of infal­lible truth. 3. That a­ny [Page 9] Statute, Prescripti­on, Custome, or Can­non against it, is void and not to be Admit­ted. 4. To maintain,4. Blas­phemy & Heresie. 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 [Page 11] three are not one Eter­nal God, or that Christ the Son is not equal with the Father, or shal 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 meritori­ousSect. 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 [Page 10] is felony. And in the second place if any man affirm as before that all shall be saved, that man hath free wil, 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 baptizing of Infants is void and unlawful, or deny the [Page 12] Lords day, or Sacra­ments, or the Ministers, and Magistrates office, or are rebaptized, 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 holinesse, and righteousnesse of God, or say that wicked persons, or wickedness, or wicked acts of swea­ring, [Page 13] drunkennesse, or lewdnesse, are not un­holy against Gods 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 holinesse, or righteousnesse of God, or that the acts of cur­sing God, or swearing profainly or falsly by the name of God, or the acts of lying, stea­ling, cousening and de­frauding others, Sodo­my, Drunkenesse, fil­thy and Lascivious speaking, are not [Page 14] 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 wicked­nesse are in their own nature as holy, and righteous, as prayer preaching, or giving thanks to God, or shall maintain, That what­ever wickednesse 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 happinesse [Page 15] 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, un­righteousnesse, or un­holinesse, 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 &c. For the first offence herein he is to be imprisoned in the Gaole, or Bridewel 3. [Page 16] months without Baile? for the second offence to be banished, and if he return to suffer as a fellon. 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 Licenti­ousnesse. It seems then necessary here to di­stinguish [Page 17] amongst these opinions, and to make these onely 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 ranke: And all those that tend to Li­centiousnesse, as all those of the last ranke. And those that are po­pish, as Freewil, Purga­tory, Images, and the like, such as are against the Scripture, as that revelations and wor­kings of the spirit are the rule of faiththough [Page 18] against the word of God and such like. And those that are a­gainst Magistracy, andSect. 2. Ministry altogether, and such like, which are against peace, and tend to licentiousnesse: that these onely are to be punished: And that the Lesser, and not Dangerous opinions, Denying Presbitery, baptizing of Infants, and affirming that men must be rebaptized, and the like, That these are not punisha­ble now by these laws. Quere therefore well of this.

As touching the ex­ternal [Page 19] worship of God,5. The Prea­ching and Hearing of Gods word: Prayer to, and pray­sing of God: And Ad­ministra­tion of the Sa­craments. by preaching and hea­ring Gods 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 [Page 20] 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 use6. Com­mon­prayer-book. of the book of Com­mon prayer, nor are men now bound in the worship of God to the superstitious rights thereby injoyned and formerly used, as the Crosse in Baptisme, kneeling at the Lords Supper, and bowing at the name of Jesus: But these are sent after the Abominable Masse to the place from whence [Page 21] they came, Act 27. Sep. 1650. Ordinance 3. Jan. 1644. Ordi. 23. August 1645. But the external form, and Or­der7. 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 publick worship in all places, Ord. 23. August 1645. And as to these things this is here to be known. 1. He that useth the Common­prayer book in publick or private, forfeits for the first offence 5 l. for [Page 22] the second offence 10. l. for the third offence Imprisonment for a year without Baile. 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 formes of Religion: And that this is the sense of the present Authority ap­peares by the Ordi­nance for ejecting of [Page 23] scandalous Ministers Aug. 29. 1654.

As touching Religi­ous places, such as are Churches, and Chap­pels,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 holi­nesse by any Consecra­tion, but as conveni­ent places for the meeting of the people, and doth therfore take care for the keeping of them repaired, For which see my Book of the office of Church-Wardens, [Page 24] and Act 9. Feb. 1647.

2. The law doth take order for keeping of the Congregations there about Gods wor­ship in peace without Disturbance, & there­fore any Disturbance done there is very pe­nal, 2. & 3. Ed. 6 ch. 1. 1 Eliz. 2. 1 Marie 3. And all fighting, quar­relling, or striking there, or in the Church­yard, is to be severely punished, Stat. 5. & 6. Ed. 6. 4.Church­yard.

3 For the better se­curing hereof, the Church-yard is also to be defended in peace. [Page 25] Stat. 5. & 6. Ed. 6. ch. 4.

It is therefore order­ed, that if any do ma­liciously strike another, or draw his weapen 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 joyne themselves unto what Assembly, and in what place they [Page 26] please. Act 27. Sep. 1650.

5. As for other pla­ces called heretofore religious houses, suchMonaste­ries, Abbies, Chantries as were Abbies, Priorys 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 Chappels the law takes care of. See Free Chap­pel.

As touching Religi­ous9. Religi­ous Per­sons, or Clergy. persons, that is Mi­nisters, and preachers [Page 27] 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 qualifiedSect. 3. for, and orderly Cal­led, and Admitted into the office, and then be­ing [Page 28] called to any peo­ple or parish their du­ty is to look to, and watch for the souls of these people, to dis­pence the bread of life by preaching, to pray for the people, to use and shew 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 [Page 29] the Glebe land, and the Tythes 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 Tythes 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 frō all personal charges that may hinder them in their calling, for such [Page 30] shall not be chosen, Ba­liffs, Beedles, Reeues, or other such like offi­cers, nor be compelled to come to the Sheriffs Leete, and they may have an action of Tres­passe for any Trespasse in the Trees, or Grasse of the Glebe, or Church hay, they may make any lease of their Tythes, or their Glebe during the time they are Parsons, but they can do no Act to barre their successors now, unlesse it be within the statutes of Ecclesiasti­cal persons: for they have not the meer right of the land in [Page 31] them in right of their Churches, but the fee­simple is in Abeyance, and therefore they cannot Discontinue, but every Act they doe will be avoided, when they cease to be in­cumbents, except such as be done by consent of Patrone and Ordi­nary which will binde 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 [Page 32] 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 requiresQuallifi­cation 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 satisfie himself here­in: and now there are called commissioners [Page 33] 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 passe through this examination, and have their Approbati­on under seal of their office. Secondly, this being done, it will be as much, and asInstituti­on and Inducti­on. good as Institution, and induction. Third­ly, These Commissio­ners, before they ap­prove [Page 34] any must have a Certificate under the hands of three persons at least, whereof one a Minister of known Godlinesse 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 [Page 35] or by one of the Universities. And with out this no man was to have taken upon himPresenta­tion. 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 kinde of presentation to it, such as the time doth yeild, 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; [Page 36] 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 resigne a­gain upon request; all such presentations and the Institutions and Inductions thereupon [Page 37] gotten by this means are void, and the party giving, and taking doe each of them forfeit the double value of the church for one year, And the party that doth give is here­by made incapable of10. 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, [Page 38] 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 Brownlows Rep. 2. part. 164.

3. This law of Simo­ny doth hold as well where the patron that doth present is an u­surper, as otherwise, [Page 39] 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 cession, and then another had been [Page 40] presented, and then the first Clerk had died, then the LORD PRO­TECTOR had lost his presentment. Brown­lows Rep. 1. part. 164.

4. But to Sell or buy for onesself, or for some other the next Avoy­dance of a Benefice for reward, it seems is not symony 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 pa­trone to give him 98. 1. when the Church should become void, [Page 41] 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 Patrons bro­ther (the Church being then full) that if he could procure three grants of the next A­voidance to be surren­dred, and the patron to present him when it became void, he would make him a leafe of parcel of the Tythes of [Page 42] the Rectory, and he during the life of the Incumbent got the grants to be surren­dred, and all the rest was done, and it was Agreed to be void.

5. And in this case the Church wil be void without deprivation or sentence Declarato­ry: March 84. pl. 139.

6. An Incumbent presented by Simony cannot sue a parishio­ner for Tythe. March 84. pl. 139. see more Coo. 3. part. Inst cap. 71.

But the law at thisSubscrip­tion and reading of Arti­cles. day doth not require that he should read and subscribe the Ar­ticles [Page 43] of Religion, norOath of suprema­cy. take the Oath of Su­premacy, nor observe any of the Orders, formes, or Ceremonies conteined 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 Conferd 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 [Page 44] as fully intitled to theInstituti­on 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 se­questred, and yet he keepes in the place, and none was put in by the 30th of August 1654. the Patron may present within four Moneths after the 28th of August 1654. to the Cōmissioners for ap­probation, & they may admit him. And in places of all such Mi­nisters as the Commis­sioners [Page 45] of the Counties shall eject for scandal &c. the Patron must present within four moneths after the E­jectment to the Com­missioners for Appro­bation. And if he that is ejected die or resign, these Cōmissioners 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 to2. Non-Residence what it is. watch over, and look [Page 46] 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 plura­lityPluralli­tie, what it is. (that is) that such a man should have two or more spiritual li­vings, 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, andcession, what. he looseth the first by Cession. And this is against the Ancient common law it self; [Page 47] And it is now forbid­den by divers statutes, except only in someChap­plaine, who. special cases, to some great mens Chaplains (that is) such Mini­sters as depend upon them for the service of God in their houses, where commonly they have a Chappel. But if any such person ha­ving a Benefice (be itWhere a Minister may be non resi­dent and have plu­ralitie of livings. Or not. parsonage or vicarage) shall not be resident upon it, but wilfully absent himself by the space of one moneth for a time, or two moneths at several times in one year, he looseth 10. 1. by the [Page 48] Stat. of 21 [...]. 8. 13. and no dispensation will serve in this case. But such persons as were in the Kings service be­yond the sea during that time only, schol­lars under forty years old studying at the U­niversity, that have of­sice, or doe exercise there, and are in the University, and present at their house Excrci­ses, and such as did exercises themselves, the Chaplaines of the King, and divers other great persons might have been non resident so long as they were Attending upon [Page 49] 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 valew of 8. l. or [Page 50] 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. [...]. [Page 51] 6. Ed. 6. 6.

3. He is to preach once the 5^th of Novem. Stat 3. Jac. 1.

4. But he is not bound now to, but for­bidden the use of the Common-prayer-bookCom­mon-prayer. nor is he bound now to any Ceremonies there­in,Ceremo­nies, nor any thing en­joyned concerning the same, or by the Bishops Canons, or touching the reading of the Ar­ticles of Religion, or the statute of 5. and 6. Ed. 6. to perswade men to come to their parish Church, for these laws are abrogate Ordi. March 5. 1653. Act 27. [Page 52] Sept. 1650. Ordi. 3. Jan. 1644.

5. He is to take care12. 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 ruine, 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 [Page 53] 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, unlesse 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 &c. are to look to the repair of the houses, and be forced by Justices of [Page 54] the peace thereto. Also the sequestrators whilst they have it in their hands must repair out of the profits.

He is to take care to13. First fruit and Annates what. Discharge the First­fruits 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 [Page 55] vicaridge which doth exceed the valew of 8. Markes 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 Valew thereof. And if the Benefice be under 8. Markes in valew, then he is to give security to pay the same first fruits three years after his induction thereunto Stat 27. 8. 7. and 3. [Page 56] 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 seemes all this now is set a part for the main­tenance of the Ministe­ry. See Act 8. June 1649.

So also he is to dis­chargeTenths what. the tenths; the tenths are a yearely 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 [Page 57] 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 imploy­ed as the first fruits are Act. 3. Iune 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 [Page 58] is forbidden the taking of Farmes, or taking of Parsonages, or Vica­rages, and the invol­ving of himselfe in se­cular affaires, 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 therfore he can lay no charge nor make any estate upon any part of it for longer time then his own life, except onely of such Lands as have been usually let, which he may let for three lives, or 21 yeares. [Page 59] Stat. 13. Eliz. 1. 14. Eliz. [...]. 18. Eliz. 10. And no Lease he can make of such a Benefice with Cure is good longer then he is ordinarily resident, and serving the cure there without absence above foure­score 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 wil be good onely so long as the Curate shal be resident there without forty dayes absence in oneRat [...]. [Page 60] yeare, 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 priviledges 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 calledQuod Cle­ [...]cus cap­es virtute [...]atui de­beretur▪ [...]hat Quod clericus captus & deliberetur, nor may he be Arrested for any [Page 61] cause but fellony, whi­lest 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, whilest he is Preaching or praying some have said that for this he may have an Action of false impri­sonment against them that doe it: But whe­ther it be so or no, this is certaine, that for this the persons that doe it may be indicted and fi­ned. And for Arresting a Minister in the going to, or comming from Church about the ser­vice of God, the Bay­liffes [Page 62] and those that have any hand in it may be bound to the good behaviour. But if the Minister shall keep himselfe in the Church of purpose to prevent such Arrests this priviledge wil not hold, Regist. Orig. 147▪ st. 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, bayliff, beedle, church­warden, [Page 63] 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 &c. And by this writ he may be discharged, F. V. B. 177.

3. He is not bound to appeare or doe ser­vice in a Leet, or Law day, as other men are, Marlb. chap. 10. and to [Page 64] 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 warres: Also they ought to be quit and discharged of Toles & Customes, 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.

[Page 65]4. And as they have priviledges for their persons, so for their possessions of Lands & goods, therefore it is provided that no di­stresse 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 &c. distring antur; &c. That neither themselves nor their Farmers; or Te­nants [Page 66] were to be forc'd by Surveyors for the Kings 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 Tythes, the profits of the Church-yard, the oblations, obventions, & Mortuaries therunto belonging; but for all this see my Booke of Tythes; and the profits [Page 67] sequestred and recei­ved during the vacati­on are to be paid unto the Parson succeeding, save only the charge of taking in, &c. And for serving the cure in thatEruble­ments. time, 21. H. 8. 11. They are to have the Corne growing upon the Glebe when they dye, and may by their will give it to whomwill. they will, 21. H. 8. ch. 11

3. They may makeLeases. any Lease of, or charge upon their Benefice for their own lives, and Leases for three lives, and one and twenty [Page 68] yeeres of the Land that hath been usual­ly so let, Stat. 13. Eliz. 10.

4. There are now di­vers14. Aug­mentati­ons. additional helpes 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 imployed to this pur­pose, and Commissio­ners especially appoin­ted to take and receive accompt thereof, and to look to the im­provement thereof; see the Acts and Ordinan­ces [Page 69] June 8. 1649. April 5 1650. Sept. 2. 1654. 2. These Lawes judge an hundred pound a yeare competent for Ministers, save onely in Townes 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, adde to, and take from what they please. 3. For their help of main­tenance, they may di­vide, or unite Chur­ches; as touching [Page 70] which take these15. Union and Divi­sion of Parishes and Churches. things. The Commis­sioners may procure from the Chancery the Returne 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 scituation of the Churches, &c. 2. When they are in­formed of the Case, by and with the approba­tion of the LORD PRO­TECTOR and his coun­sel out of Parliament [Page 71] 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 shal present by turne, as the Commissioners shall set down. 4. In this case where they see good they may pull [Page 72] down one of the chur­ches, and keep the ma­terials for publick 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 in15. 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 [Page 73] 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 examin Witnesses against, and put him out of his place, if they finde him guilty of matter of scandal, or ill affection [Page 74] 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 se­questred, 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 Popes supremacy, Transubstantiation, Purgatory, worshiping of Images▪ that the Consecrated Host, Cru­cifixes, [Page 75] or Images are to be worshiped. That Salvation may be me­rited by works; or be found guilty of pro­fane swearing, or cur­sing, Perjury, or subor­dination of Perjury, A­dultery, fornication, Drunkenesse, common haunting of Taverns, or Alehouses, fre­quent Quarrelling or fighting, 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 scholers, or have pub­likely, [Page 76] and frequently read, and used the book of common­prayer since 1. Janu. 1653. or have been publikely profane scoffers at, or revilers of the strict profession, and professors of Reli­gion, or Godliness; or do encourage, or coun­tenance by word, OF practise Whitson Ales, Wakes, Morrice-dan­ces, May poles, Stage­plaies, or such like li­centious practises, or have by writting preaching, or other­wise declared their disaffection to the pre­sent [Page 77] Government, or are negligent, non-re­sident, and carelesse of praying, preaching &c: or of their schollers 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 livings out of which they put out any Minister in the [Page 78] hands of some of the Parish, to provide for the place, repaire 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, [Page 79] of the Regular and se­cular Clergie, 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. WeMetropo­litan. Bishop. Suffragan! Consecra­tion. Conge­de Estier. Regio Asssensu. are silent therefore a­bout Metropolitans, Bishops, Suffragans, and say nothing of Conge de Estier, Con­secration, regio As­sensu, and such like a­bolished things, See Name.

The Convocation houseConvoca­tion hourse 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 ClergyProctors of the Clergy. men Chosen for Ca­thedral, and Collegi­ate Churches; and for the common Clergy of every Diocesse, which were called Proctors ofProlocu­tor. the Clergy, like to the [Page 81] 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 theseCannons. things are now gone and abolished. And yet it seemes 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 Customes of the Realme are still in force, if there were any [Page 82] 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 Gospels way. But for National disci­pline by way of Ex­communication, sus­pension, and the like, [Page 83] there can be none such used in these daies, 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 [...]. [...] [...] [Page 84] Sale of their Lands. 25. June 1649. 23: June 1649. 2. June 1649. 20. June 1649.