Abridgment of Ecclesiastical Laws, Treatise · Chapter 17
CHAP. XVII.
Of Parſons and Parſonages.
1. Parſon, what he is in the intendment of Law.
2. What is meant by Parſon imparſonee.
3. The Freehold of Church and Glebe is in the Parſon, what intereſt he hath in the Church-yard, and the Trees there growing; and whether he hath any in the Bells or Ornaments of the Church?
4. How he muſt be qualified that will be a Parſon; and who is rendred incapable of being ſuch.
5. Whether the Parſon may demand any thing by Cuſtome, upon the Burial of one who dying in his Pariſh, was Buried elſewhere.
6. The words Parſonage, Church, Rectory, frequently uſed Synonymouſly; Penſions of Eccleſiaſtical cognizance.
7. A Caſe in Law touching a Parſons Obligation for Reſignation.
8. Whether a Parſons acceptance of Rent makes his Predeceſſor's Leaſe good.
9. Prohibition to the High Commiſſioners of York, touching Articles exhibited before them againſt a Parſon.
10. A Caſe in Law touching the Confirmation of a Leaſe made by a Parſon.
11. Other Caſes at the Common Law; relating to Parſons.
12. The Patron nothing to do in the Church during Plenarty.
13. By what words a Reſignation of a Parſonage may be, or not.
14. Whether the Reſignation of a Donative may be to the Donor, or how it may be departed with?
15. Whether the Parſon may appoint the Pariſh Clerk?
16. A Biſhop, Archdeacon, and Parſon, are Spiritual Corporations and have a double Capacity.
17. All differences between Parſons and Vicars concerning the endowment of the Church, are cognizable in the Eccleſiaſtical Court.
18. Priviledges of the Clergy.
(1.) THere is Parſon [Perſona] and Parſon imparſonee [Perſona imperſonata:] Parſon properly ſignifies the Rector of a Parochial Church; becauſe during the time of his Incumbency he repreſents the Church, and in the eye of the Law ſuſtains the perſon thereof, as well in Suing, as in being ſued in any Action touching the ſameaVid. Flet…. lib. 9. cap. 18.. Originally the Parſon was he that had the charge of a Parochial Church, and was called the Rector of that Church; but it ſeems he is moſt properly ſo called, that hath a Parſonage where there is a Vicarage Endowed. And yet it is ſuppoſed that Perſona is the Patron, or in whom the Right of Patronage is, for that before the Lateran Council he had Right to the Tithes in regard of his having erected and endowed the Church which he had Founded. The Paſtors of Pariſhes are called Rectors, unleſs the Praedial Tithes be Impropriated; and then they are called Vicars, Quaſi vice fungentes Rectorum: and Curates are they who for certain Stipends aſſiſt ſuch Rectors and Vicars, that have the care of more Churches than one.
(2.) Parſon Imparſonee, is he that as lawful Incumbent is in actual poſſeſſion of a Church Parochial, and with whom the Church is full, be it Preſentative or ImpropriatebN. B. of Entries, verb. Aid in Annui…y.; and ſeems alſo to be that perſon to whom the Benefice is given in the Patrons Right; for in ſome Books Perſona imperſonata is taken for the Rector of a Benefice Preſentative and not AppropriatedcRegiſter Judicial. fo. 34. b.: Yet Dyer ſaith, That a Dean and Chapter are perſons Imparſonees of a Benefice Appropriated to themdDyer, fo. 40. nu. 72.; and in another place plainly ſheweth. That Perſona imperſonata is he that is Inducted and in poſſeſſion of a BeneficeeIdem, fo. 221. nu. 19.. So that perſona ſeems to be termed imperſonata, only in reſpect of the poſſeſſion which he hath of the Benefice or Rectory, be it Appropriate or otherwiſe by the Act of another fVid. Co▪ on Litt. fo. 300. b..
(3.) The Parſon hath a Right unto the poſſeſſion of the Church and Glebe, having the Freehold in himſelf, and may receive the profits, Tithes, Oblations, Obventions, and Offerings to his own uſe, without the Patrons or Ordinaries conſent, who without his conſent and agreement can do nothing during his incumbency to charge the Church or his Succeſſors. And not only is the Freehold of the Church in the Parſon, but he hath alſo the Right of the Churchyard and Glebe in him, whereof if he be put out of poſſeſſion or diſſeiſed, he may have an AſſizegVid. 28 H. 6. 19. by Marcham.. Or if he be Ejected, he may have Treſpaſs; and ſo may the Vicar have againſt a Stranger, if he be diſſeiſed of the Church-yard, but not againſt the Parſon himſelf h13 R. 2. Fitzh. tit. Juriſdiction, 19.. For the Parſon ſhall have an Aſſize or an Action of Treſpaſs, of ſuch things as are annexed unto the Church or Glebe, or for cutting down of the Trees, or doing of Treſpaſs in the Churchyard or Glebe, the Right and intereſt thereof being in the Parſon i11 H. 4. 12. & 17 H. 3. Prohib. 26.. But if the Bells in the Steeple, the Ornaments of the Church, or the like, be taken away, in that caſe the Action doth not belong to the Parſon, but to the Churchwardensk11 H. 4. 12. acc.. Notwithſtanding the Parſons Right and intereſt as aforeſaid, yet he cannot cut down the Trees growing in the Church-yard of his Pariſh, ſave for the Repair of the ChurchlMich. 13 Jac. B. R. in Bellami… 's Caſe. Roll. Rep. By the Stat. of 3… El. 1. Parſons are prohibited from felling down Trees in the Church-yard, ſave to repair the Chauncel or Body of the Church.. Or if a meer Stranger cut them down, no Suit can be thereon in the Spiritual Court for Dammages; for if Suit be there commenced in that Caſe for Dammages, no Conſultation ſhall bemIbid.. Nor can the Parſon have Action for Seats in the Church taken away by a Stranger, becauſe they are not fixed to the Freehold; but the Churchwarden may have Action in that caſen8 H. 7. 12..
(4.) No man can be a Parſon until he be a Prieſt in Orders, which he cannot be until he hath attained the Age of 24 years; Conſequently therefore he muſt be of that Age ere he can be a Parſon oSt. 13 El. …. 12.; and is commonly called (when Inducted into a Church) the Rector thereof, and ſhall be accounted Proprietor of the Tithe of the Pariſh whereto the Church belongs, if the contrary be not ſhewed pStyle's Regiſter 327.. A man that is guilty of ſome Crime that is malum in ſe, as Murther, Perjury, Forgery, or the like, though not convict thereof, yet if the Truth thereof be certainly known to the Ordinary, may be rejected by him from being P…rſon of a Church, if thereunto preſented by the PatronqLindw. cap. Imprimis & infra.: Otherwiſe it is, in caſe he be guilty only of malum prohibitum, and not malum in ſe, as to play at unlawful Games, to frequent Taverns and Alehouſes, or the like rCo. 5 58. a.. Alſo the Son is by the Canons rendred incapable of ſucceeding his Father in his ParſonagesLindw. …. Cum à jure inhibitum, &c.; And if a man preſented to a Living be not in Orders, the Biſhop may refuſe him, but not for want of a TeſtimonialtLeon. 130.; for 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 by the late Act of Uniformity uSt. 14 Car. 2. cap. 4.; whereby his Subſcription, and thereof the Biſhops Certificate, alſo his Reading the 39 Articles of Religion in the ſame Pariſh-Church on ſome Sunday or the Lord's-day (tempore Divinorum) within two months next after his Induction, the declaration of his unfeigned Aſſent and Conſent thereunto, his Reading the Book of Common Prayer, or Service appointed for the Church that day, within two months next after his Induction, with the declaration alſo of his Aſſent and Conſent to all things therein contained, are required, otherwiſe the Church becomes void, and the Parſon will be put to the proof of all the Premiſſes, in caſe …e Sue the Pariſhioner refuſing to pay his Tithe, if he ſhall inſiſt thereon. The Statute of 13 El. cap. 12. Ordained, That the Articles agreed by the Archbiſhop and Biſhops of both Provinces, and all the Clergy in the Convocation held at London, &c. ſhall be read by the Incumbent, otherwiſe he is ipſo facto deprived. Or admitting all theſe Requiſites have had their due performance, ſo that he is a compleat Parſon to all intents and purpoſes of Law whatever, yet he may not under pretence of this or that Cuſtome extend the Lines of his Parſonage beyond its due limits or bounds, out of an Avaricious deſign to advance the perquiſites of his Parſonage.
(5.) Edward Topſall Clerk, Parſon of St. Botolphs without Alderſgate, London, and the Churchwardens of the ſame, Libelled in the Eccleſiaſtical Court againſt Sir John Ferrers; and alledged, that there was a Cuſtome within the City of London, and ſpecially within that Pariſh, That if any perſon, being Man or Woman, die within that Pariſh, and be carried out of the Pariſh to be Buried elſewhere, that in ſuch caſe there ought to be paid to the Parſon of this Pariſh, if he or ſhe be buried elſewhere, in the Chancel ſo much, and to the Churchwardens ſo much, being the Sums that they alledged were by Cuſtome payable unto them, for ſuch as were buried in their own Chancel; And then alledging, that the Wife of Sir John Ferrers died within the Pariſh, and was carried away and buried in the Chancel of another Church, and ſo demanded of him the ſaid Sum. Whereupon, for Sir John Ferrers a Prohibition*Note, That in Prohibition it was Reſolved, that the Six months for proof of the Surmize, ſhall not be counted by 28 days to the Month, but according to the Kalender. In Caſe Copley againſt Collins. Hob. Rep. was prayed by Serjeant Harris, and upon debate it was granted: For this Cuſtome is againſt Reaſon, That he that is no Pariſhioner, but may paſs through the Pariſh, or lie in an Inne for a night, ſhould (if he then die) be forced to be Buried there, or to pay as if he were; and ſo upon the matter to pay twice for his BurialwTrin. 15 Jac. C. B. Ed. Topſall and others verſ. F…rrers. Hob. Rep..
(6.) The words Parſonage, Church, and Rectory are frequently in the Law uſed Synonymouſly and promiſcuouſly; but the word Advowſon is another thing, and diſtinct from each of them: And as to ſome Parſonages there are certain Rents due and payable, ſo out of ſome Parſonages or Rectories there are iſſuing certain Rents or Penſions, which Penſions are not ſuable at the Common Law, but in the Eccleſiaſtical Court, as was ſaid in Crocker and York's Caſe againſt Dormer, againſt whom they had a Recovery in a Writ of Entry in the Poſt, among other things of a yearly Rent or Penſion of four Marks, iſſuing out of the Church or Rectory of F. In which Caſe it was agreed by Clench and Fenner, that a Penſion iſſuing out of a Rectory is the ſame with the Rent; of which Popham ſeemed to make ſome doubt; for there being in that Caſe a Demand for Rent in the Disjunctive, viz. a Rent or Penſion, he moved that the greateſt difficulty in the Caſe was the Demand made in the Diſjunctive, viz. of an Annual Rent or Penſion; for if a Penſion iſſuing out of a Rectory ſhall be ſaid to be a thing meerly Spiritual, and not to be demanded by the Common Law, or meerly of another nature than the Rent it ſelf, with which it is there conjoyn'd by the word [or,] that then it is ErroneousxPaſcl. 35 Eliz. Crocker and York verſ. Dormer. in Poph. Rep..
(7.) B. brought an Action of Debt againſt W. upon an Obligation of 600 l. the Condition was, That if W. Reſign a Benefice upon Requeſt, that then the Obligation ſhould be void. And the Condition was Entered; the Defendant Demurred, and Judgment in B. R. pro Querente. And upon Error brought, Judgment was Affirmed in the Exchequer; for this Obligation is not voidable by the Statute of 14 Eliz. which makes Obligations of the ſame force, as Leaſes made by Parſons of their Glebes, viz. per Non-Reſidency: And it doth not appear by the Plea of the Defendant, that it was not an Obligation bona fide, which might be lawful; As if a Patron which hath a Son, which is not yet fit to be preſented for default of Age, and he preſent another with an Agreement, that when his Son come to the Age of 24 years he ſhall Reſign it, it is a good Obligation. And this Caſe, viz. an Obligation with Condition to Reſign had been Adjudged good in the Caſe of one Jones, An. 8 Jac. And the Counſel ſaid, That he who is preſented to a Church is Married thereto, and it is like as if a man who hath married a Wife, ſhould be bound to be divorced from her, or not cohabit with her, theſe Conditions are void. But theſe reſemble not our CaſeyBabbington verſ. Wood. Hutt. Rep..
(8.) It was ſaid in Johnſon's Caſe, That if a Parſon Leaſes his Rectory for years, or parcel of his Glebe, reſerving a Rent, and dies, if his Succeſſor accepts the Rent, that Acceptance does not make the Leaſe good; becauſe by his death the Franktenement is in Abeyance, and in no Man. And alſo a Parſon cannot Diſcontinue: And by conſequence, That that he did without Livery, is determined by his death. And it is not like to the Caſe of an Abbot, Prior, or Tenant in TailzJohnſon's Caſe. Hetley's Rep..
(9.) Hendon moved for Dr. Clay, Vicar of Hallifax, That a Prohibition might be granted to the High Commiſſioners of York, for that, that theſe Articles by one Smith were exhibited againſt him, viz. 1. That he read the Holy Bible in an irreverent and undecent manner, to the ſcandal of the whole Congregation. 2. That he did not do his duty in Preaching; but againſt his Oath and the Eccleſiaſtical Canon, had neglected for ſundry Mornings to Preach. 3. That he took the Cups and other Veſſels of the Church, conſecrated to holy uſe, and employed them in his own Houſe, and put Barm in the Cups, that they were ſo polluted, that the Communicants of the Pariſh were loath to drink out of them. 4. That he did not obſerve the laſt Faſt (Proclaimed upon the Wedneſday) but on the Thurſday, becauſe it was an Holy-day. 5. That he retained one Stepheſon in one of the Chappels of Eaſe, who was a man of ill Life and Converſation, viz. an Adulterer and a Drunkard. 6. That he did not Catechize according to the Pariſh-Canon: but only bought many of Dr. Wilkinſon's Catechiſms; for every of which he paid 2 d. and ſold them to the Pariſhioners for 3 d. without any examination or inſtruction for their benefit. And that he, when any Commiſſions were directed to him, to compel any perſon in his Pariſh to do Penance, he exacted money of them, and ſo they were diſmiſſed, without inflicting any penalty upon them, as their Cenſure was. And that he and his Servants uſed divers Menaces to his Pariſhioners, and that he abuſed himſelf, and diſgraced his Function by divers baſe Labours, viz. He made Mortar, having a Leathern-Apron before him, and he himſelf took a Tithe-Pigg out of the Pigſty, and afterwards he himſelf gelded it. And when he had divers Preſents ſent him, as by ſome Fleſh, by ſome Fiſh, and by others Ale, he did not ſpend it in the invitation of his Friends and Neighbours, or give it to the Poor; but ſold the Fleſh to Butchers, and the Ale to Ale-wives. And that he commanded his Curate to Marry a Couple in a private Houſe, without any Licenſe: And that he ſuffered divers to Preach, which peradventure had not any Licenſe, and which were ſuſpected perſons, and of evil Life. It was ſaid by Henden, That they cannot by the Statute of 1 Eliz. cap. 1. meddle with ſuch matters of ſuch a nature, but only examine Hereſies, and not things of that nature; and that the High Commiſſioners at Lambeth certified to them, that they could not proceed in ſuch things, and adviſed them to diſmiſs it; but they would not deſiſt. And the Judges (Richardſon being abſent) granted a Prohibition, if cauſe were not ſhewn to the contraryaSmith againſt Dr. Clay. Hetley's Rep..
(10.) A Parſon makes a Leaſe for 21 years, the Patron and Ordinary confirm his Eſtate for 7 years; the Parſon dies: The Queſtion is, Whether that Confirmation made the Leaſe good for 21 years, or but 7 years. And it ſeemed to Hutton, That the Leaſe was Confirmed but for 7 years. But Richardſon was of the contrary Opinion, and took a difference, where they Confirm the Eſtate, and where they Confirm the Land for 7 years; That Confirmation confirms all his Eſtate: But where they confirm the Leaſe for 7 years, That Confirmation ſhall not enure but according to the Confirmation. And that difference was agreed by Crook, and all the Serjeants at the Barr. And afterwards Hutton ſaid, That that was a good Cauſe to be conſidered, and to be moved againbTomlinſon's Caſe. Hetl. Rep..
(11.) In a Replevin: And the Title was by Leaſe made by a Parſon; And the Avowry was, That A. was ſeized of the Rectory of H. and made the Leaſe, without ſhewing that he was Parſon. And by the Court, That that ſhould have been a good Exception, if it had not been ſaid in the Avowry moreover, That A. was ſeized in ju…e Eccleſiae, which ſupplies allcBold againſt Waters. Noy's Rep..
(12.) During the time of the Parſon, the Patron hath nothing to do in the Churchd11 H. 64. b.. And therefore if the Patron grant a Rent by Fine out of the Church, the Church being then full, and afterwards the Incumbent dies, that charge ſhall not bind the Succeſſor, for that the Parſon and the Ordinary were no parties to ite38 E. 3. 4..
(13.) If a Parſon would Reſign, the word [Reſignare] is not it ſeems the only proper word in the Law for Reſignation, but [Renunciare, Cedere, & Demittere] are the uſual words or terms of ReſignationfD. 13 El. 294 b. The Cognizances of Reſignation properly belongs to the Eccleſiaſtical Court. Mich. 10 Jac. B. Manknol… 's Caſe, per Cur, Roll. Abr. fo. 294.. Yet if a Prebend doth give, grant, yield, and confirm his Prebendary and the Poſſeſſions thereunto belonging unto the Ordinary, To have and to hold to him and his Succeſſors in Fee, ſubjecting and ſubmitting to him Omnia jura by reaſon thereof qualitercunque acquiſita; theſe words it ſeems are ſufficient and amount to a Reſignation, albeit the proper words are not thereingIbid.: Which Reſignation ought to be made to the Immediate Ordinary, and not to the Mediate; for which reaſon a Prebend may not Reſign to the King, for that although he is Supream Ordinary, yet he is not the Immediate Ordinary, and he is not bound to give Notice to the Patron, as the Ordinary ought, nor of himſelf can Collate, but is to preſent to the OrdinaryhIbid. & Roll. Abr. ver. Preſentment, lit. E. pag. 358..
(14.) In Treſpaſs: The Caſe was,Hill. 2 Jac. B. R. Fairchild and Gayer's Caſe. Cro. par. 2.) The Defendant being Incumbent of the Church of B. (M. and G. having the Donation thereof) made an Inſtrument, whereby Conceſſit & Reſignavit to M. & omnibus ad quos in hac parte pertinet ad acceptandam Eccleſiam ſuam de B; and thereupon the two parties gave it to the Plaintiff, who being diſturbed by the Defendant brought Treſpaſs. The Queſtion was, whether a Reſignation of a Donative could be to the Donor, or how it might be departed with. Reſolved (1) That this being a Donative, begun only by the Foundation and Erection of the Donor; he hath the ſole Viſitation, and the Ordinary hath nothing to do therewith; and as the Parſon comes in by the Donor, ſo he may reſtore it to him; and although the Preſentee, when he is in, hath the Freehold, yet he may reveſt it by his Reſignation, without any other Ceremony, and the Ordinary hath nothing to do with it: For Admiſſion and Inſtitution are not neceſſary in caſe of a Donative. (2) Reſolved, That the Reſignation to one of the parties is good, for it doth enure to both as a Surrender ſhall do. (3) Reſolved, That although the Reſignation was de Eccleſia, yet it ſhall extend to all the Poſſeſſions.
(15.) At a Synod in 44 Ed. 3. a Canon was made, That the Parſon of every Church in England ſhall appoint the Pariſh-Clerk. And at another Synod held in An. 1603. a Canon was made to the ſame effect; and yet it doth not take away the Cuſtome where the Pariſhioners or Churchwardens have uſed to appoint the Clerk, becauſe that is Temporal, which cannot be altered by a CanoniM. 24 Jac. B. R. Walpole & Gale, per Cur. & Roll. Abridg. ver. Prerogative, lit. Y.. If the Clerk of a Pariſh in London hath uſed time out of mind to be choſen by the Veſtry, and afterwards Admitted and Sworn before the Archdeacon, and he refuſe to Swear ſuch Clerk ſo Elect, but Admits another choſen by the Parſon: In this Caſe a Writ may be awarded, commanding him to Swear the Clerk choſen by the Veſtry. 22 Jac. Walpool's Caſe. The like Writ was granted for the Clerk of the Pariſh of St. Foſters, London. Mich. 16 Car. B. R. between Orme and Pemberton kRoll. ib. lit. L.. The Pariſhioners of the Pariſh of Alphage in Canterbury preſcribed to have the Nomination and Election of their Pariſh-Clerk, and the Parſon of a Pariſh by force of a Canon, upon voidance of the place of the Pariſh-Clerk elected one to the Office: The Pariſhioners by force of their Cuſtome elected C. the Parſon,Paſch. 8 Jac. C. B. Gaudy verſ. Dr. Newman. Brownl. Rep. par. 2 ſuppoſing this Election to be Irregular, for that it was againſt the Canon, Sued C. before Dr. Newman Chancellor of Canterbury, and the ſaid C. was by Sentence deprived of the Clerkſhip of the Pariſh, and another Clerk of the Pariſh Admitted. C. moved for a Prohibition, and had it granted by all the Court; for it was held, That a Pariſh-Clerk is a meer Layman, and ought to be deprived by them that put him in, and no others; and the Canon which willeth that the Parſon ſhall have Election of the Pariſh-Clerk, is meerly void to take away the Cuſtome, that any perſon had to Elect him. Vid. Stat. 25 H. 8. That a Canon againſt Common Law, confounding the Royal Prerogative of the King, or Law of God, is void; and Cuſtome of the Realm cannot be taken away but by Act of Parliament, vid. 21 Ed. 4. 44. And it was Reſolved, That if the Pariſh-Clerk miſdemean himſelf in his Office, or in the Church, he may be Sentenced for that in the Eccleſiaſtical Court to Excommunication, but not to Deprivation: And afterwards a Prohibition was granted by all the Court; and held alſo, That a Prohibition lieth as well after Sentence, in this caſe as before. And in Jermin's Caſe, Whereas the Churchwardens and Pariſhioners of K. ſurmized they had a Cuſtome to place a Clerk there by the Election of the Veſtry:Trin. 21 Jac. B. R. Jermin's Caſe. Cro. par. 2. the Parſon ſued them in the Eccleſiaſtical Court, to have his Clerk placed there, according to a late Canon made: It was the Opinion of the Court, that it was a good Cuſtome, and that the Canon could not take it away; wherefore a Prohibition was granted.
(16.) A Biſhop, Archdeacon, Parſon, are Spiritual Corporations at the Common Law; for the Parſon (and this is meant alſo of the others) hath two Capacitiesl40 E. 3. 17. Br. Dean, &c. 2. 14 H. 8. 30. b., The one to take to him and his Heirs; the other to him and his Succeſſors, and in that reſpect he is ſeized jure Eccleſiae. If J. S. be Parſon of D. and Land be granted to J. S. Parſon and his Succeſſors, and to J. S. Clerk and his Heirs, in this caſe he is Tenant in Common with himſelfm14 H. 8. ibid. Finch, Nomoternia, p. 138..
(17.) Note, That it was agreed in Buſhie's Caſe, That if a Parſonage be Impropriate, and the Vicarage be endowed, and difference be between the Parſon and the Vicar concerning the Endowment, that ſhall be tried by the Ordinary, for the Perſons and the Cauſe are both Spiritual: And there the Vicar ſues the Parſon for Tithes, and ſuggeſts the manner of Tithing, and prays a Prohibition, and it was granted,Buſhie's Caſe. Brownl. par. 2. and after upon ſolemn Argument Conſultation was granted, inſomuch that the manner of Tithing did not come in queſtion, but the Endowment of the Vicarage only; for that is the elder Brother, as the Lord Coke ſaid: This was cited to be Adjudged by Coke. Alſo there is much difference between Prebends and Parſons;Watkinſon and Man's Caſe. Cro. par. 1. for it was Adjudged in Watkinſon and Man's Caſe, That a Leaſe made by a Prebend is good by the Statute of 32 H. 8. for he is not excepted, but only Parſons and Vicars; and ſo it was ſaid it had been Adjudged in Doctor Dale's Caſe.
(18.) It will not be denied, but that the Clergy of England have had in all Ages certain Priviledges, which the Laity never pretended to: To which purpoſe there have been Laws Enacted, and Caſes Ruled by perſons learned in the Laws. In An. 22 H. 8. cap. 5. it is Enacted, That the decayed Bridges in every County, where it cannot be known who in right ought to repair the ſame, ſhall be repaired by the Inhabitants of the ſaid County, Town Corporate, or Riding where the Bridge is, by the Aſſeſſment of the Juſtices of Peace, who may appoint Collectors to levy the ſame by Diſtreſs. Now the Queſtion is, Whether the Parſons and the Vicars may be charged by the general word of the Inhabitants, and Diſtreſs taken on their Spiritual Livings? In order to a Reſolution of this Queſtion, it muſt be premiſed, That it is moſt evident, that the Clergy are by the Common Law of this Kingdom a divided Eſtate both for their Perſons and Spiritual promotions from the Laity of this Land. (1) For their Perſons, Fitz. N. B. fo. 175. That Clerks ſhall not be choſen Bayliffs or Beadles for the Lands in their poſſeſſions, although the Land before it came to the hands of the Clerk, was charged therewith by tenure. (2) A Clerk arraigned before a Temporal Judge for Felony, may plead the Juriſdiction of the Court; The Clergy-men, by reaſon of their Reſiance, are not bound to the Leet; nor to follow Hugh and Cry. (3) That their Spiritual Livings are alſo diſcharged from the general charge of this Realms Laity, appears by the Regiſter, fo. 260. & F. N. B. fo. 227. That Spiritual perſons ſhall not be charged to pay Toll, Pontage, or Murage, but may diſcharge themſelves by Writ. Alſo the Sheriff, who by the Law is the King's general Officer to ſerve Proceſſes in every County, may not intermeddle with the Clergy in reſpect of their Spiritual promotions, but return Quod Clericus eſt Beneficiatus in Epiſcoparu, non habet Laicum foedum in baliva mea; and then the Proceſs muſt be to the Biſhop, as appears 34 H. 6. & 21 H. 6. This Priviledge is confirmed to them by Magna Charta, and divers Grants and Statutes, viz. Articulis Cleri, 9 Ed. 2. cap. 9. Likewiſe no Diſtreſs ſhall be taken in the Ancient Donations of the Church. The like Grant is made unto them by King Ed. 1. 24. Proteſtation 2. That the Sheriff or Miniſter of the King ſhall not meddle with the Goods, Chattels, or Carriages of the Clergy; and in Purveyors, 12. An. 14 Ed. 3. there is a Statute, that Purveyors ſhall not meddle with the Clergy, &c. Ed. 1. cap. 1. 1 R. 2. cap. 2. 1 H. 4. cap. 3. Statute Spiritualties 2. Priviledges, Grants, Immunities of the Clergy are confirmed. So that it appears both by the Common Law and the Statutes, that the Clergy are not to be burthened in the general charges with the Laity of this Realm, neither to be troubled or incumbred, unleſs they be eſpecially named and expreſly charged by ſome Statute. And divers Statutes heretofore expreſſing themſelves with the like general words, have never been expounded to extend to the Clergy, as by the uſage of them appears by the Statute of Winton. An. 13 Eliz. 1. Again, the people dwelling in a Hundred where any Robbery is committed, ſhall either bring forth the Felon, or agree with him that is robbed, yet hath it never been taken, that Parſons and Vicars ſhould be Contributors thereunto; yet the words [Gentes demorantes] viz. the People dwelling, are as general words as [Inhabitants]. In the ſame Statute there are the like general words [Watching, &c.] yet the Clergy thereby are never charged. Alſo the Statute made for the High-ways, An. 2 & 3. P. & M. chargeth every Houſholder; yet this general [Houſholder] hath never been taken by uſage to charge the Clergy, viz. the Parſon or Vicar. Fitz. in his Nat. Bre. fol. 131. ſaith, that a Clerk being bound in a Statute-Merchant, ſhall not be taken by his Body: And the Writ founded upon the Statute-Staple, 27 Ed. 3. cap. 9. hath this ſpecial Proviſo, Si Laicus Sit, capias. Alſo the Statute whereupon this Writ is founded, is general, and no Exception made at the Clergy. And 33 H. 8. cap. 2. there is a Statute that chargeth all Reſiants within any County… where there is no Goal, to be Taxed by the Juſtices for the Building of one, yet have the Clergy never been charged by reaſon of theſe general words [Reſiants, &c.] 1 Ed. 1. 18 Ed. 3. 4. 1 R. 2. 1. For theſe Reaſons it is ſuppoſed, that the general words in the aforeſaid Queſtion will receive in Law the like Expoſition, as the other ſaid recited Statutes have done; And the Parſons and Vicars ſhall not thereby be charged, the rather for that the Statute ſets down the Inhabitants of the County, where the certain perſons that ſhould do it, cannot be known, which is to be intended ſuch Inhabitants as are chargeable to Pontage, which Spiritual perſons are not, but excepted, as aforeſaid.