the Life of his Wife. Ad judg'd that this is during the- Life of the Survi-
vor of them. Mo. 876. pi. 1225. Hills v. Hills.
(H. a) Determined. Whre by the Words of Referva^
tion the Rent JJoall determine, tho the Term continues.
1. TF there is Lord and Tenant, and the Tenant makes a Leafe for Life
rhK T ng T/Â° h "\ a "i^ A M>Â», ^d the Leflor ailigns over
the Reveriion and dies â€¢ the Aflignee fhall not have a Rent after his
Deceafe, becaufe the Rent determined by his Death ; for it was not re-
lerv d to him, his Heirs and Afligns. Co. Litt 215 b
â€¢ 2 " ]t T ?Â°'u em "l m Â£ keS a Leafe renderin g Ren^ and dies, the Sur- S. P. Ar*.
57 S LTV R VÂ£ â– th ^ ent ^ et ' he Leafe is SÂ° od - Ar S- RoA. R- 442. - Brid 8 m 44."
Hill. 14 Jac. B. R. m Cafe ol Smallman v. Acburroueh ln sc c "Â«
to 5 " D. 187. a.â€”
Mo. 1 39. pi. 281 . in Shelley's Cafe, cites 2 Eliz. Dyer.
(I. a) Good. In Refpe& of the Refer vor.
'â€¢ A N f!>ot granted a Corody to J. S. for Life rendring certain Corpo-
JTV ral Services per Ann and after the GraMee k*M it again to the
Mbotjoriz Tears rendring Rent j and a good Refervation, Per Brian,
Choke and Littleton ; for it is a good Leafe to the Abbot by Way of Re-
oHrV n Â£ V ret0rehe , ibl11 r - ender the Rent * for he has Quid pro
quo. Br. Refervation, pi. 35. cites 20 E. 4. 12.
00 s. So
1 4.2 Refidence.
2. So if a Man //-j/z/j 0#FÂ« 0/ Steward to one for form of Life, and 10 U
Fee, a Robe, and Meal and Drink, and the Grantee leafes it to the Gran*
tor 'for 1'ears reudrmz Rent, the Refervation is good, and the Steward
Hull do the Services during the Years. Br. Refervation, pi. 35. cues
20 E. 4. 12. r i~ r J 7-7
Br Rcl-rva- 3. It was doubted ifCejfy que life makes a Leafe for J ears, cr fitch like,
tion, pi :5- rendering Rent, if the Refervation be good, uniefs the Demife were iy
cites 5 H. -. jy^j indented, by Reafon that he has no Reverfiorj ; and then he can-
Kcii-rvation not referve Rent, uniefs by Deed, which is intended Deed indented,
is void,' un- as it teems j but ic was not adjudg'd. Br. Refervation, pi. 45. cuea
lefs u be by 8 H. 7. 9.
he has do Reverfion, and the Feoffor was a Stranger to the Leafe. Per Brian Br. Ibid, pi "i.
eitesziH.7. 15 Tim the Heirlhall have the Rent; Per Rede Ch. J. which Kmg/iril J. dented j
for tho' the Statute of King R. warrants all Feoffments, Leafe and Releafe.and Confirmation, yet i: does
not warrant any Refervation; and if the Reiervation be good, it fhalj not go to the Heir ; but Rede
contra; and beoiulc the Statute .wanwnts the Leafe, therefore it warrants all Dependencies upon it, as
Refervation Sec. and hv the Ufe defended to the Heir, he (hall have the Rent. But Brook lays*
Nota, that no Reverfion of Land is in Cefty que Vic ; therefore quaere if this Refervation be good.
4. The King releafed the Services of his Tenant, who held of him to pale
his Park, and reterv'd 4 1. per Ann. And it was faid that ic is a void
Retenation ; for the King had nothing in the Land at the Time &c.
Br. Refervation, pi. 49. cites 10 H. 7. 23.
* This Cafe 5. It" Leffcefor Tears ajfigns all his term to come in his Leafe over to
is in no other another, he cannot refer vc a Rent 3 for if he do, fuch Reiervation is not_
the Cafe of * lead) ana Â£>atop, u P on a Trial at the B * r \ i uc 1C 5
Debt will lie upon it, as on a Contract, it fealed by the Aihgnee, and
that upon the full Default. L. P. R. 99-
For more of Refervation in general fee Â©rant, KCleafe, ftCttt, and
other Proper Titles,
(A J NoH-Refidwe. PmijUU by Statute. And ishat
pall be /aid Non-Refidence.
Lord Coke 1 21 HS t?NaÂ£ts, That every Spiritual Pcrfcn promoted to any
JeTlsus , l - "â€ž j T 26 . K Duties, with any Parfonage or V>carage,jhall le per-
5Â£ 6Z r- a- fon-ally re/tde,a, anValnding in, at, and upon his Di g ni^nr Benefice, or at one
r ^\eofthan And in Cafe fuch Spiritual Peri on keep not Rejdeuce at one of his
ts^lJnZes ^Benefice J, L^
Protcfior of M % tths in one lear, belall forfeit 10 /. the one Hal] to the Ring, and ttH
Kon-Refi- h H] f f0 the Fayty that tfiUflte. ,
dents, and mm ? "
that he was . , . . â€¢ Â«t q ,1.â„¢ -^.^ made apainft Non-rcfidence,
Note per Cur. upon this Statute of Non- Relidence, A Vicar in a Cathedral Church is not any Vicar in
Fa6t: and therefore if he has a Benefice, Cure, or Dignity elfewhere, he ought to be refident there,
in Pain contained in the Statute ; for lie ought to he relident upon one of his Benefices, and i'uch a Vi-
car as above is not any fuch Ike. â€¢ ( lontrary of a !''uar of a Church Parochial, but Prebend is a Benefice ;
and therefore if he has another Benefice, and is relident upon the Prebend* this is futficient to excu-fe
him ; for the Statute is, That l?e fhall be relident upon one &c. And qusre if a Lay Perfon, who is
a Prebend, ought to be relident ; tor the Statute fays, Every Spiritual Perfon ; and he is no Spiritual Per-
fon. Br. Action fur le Statute, pi 2. cites 27 H.8 10 â€” Br. Surmifc, pi. 24. cites 27 H.8. 1. S. P. [but
it feems mifpnnted for 27 H. S. 10. pi 24] Information upon the Statute of Non- Reficknce was made
again ft an Infant cf 14 Tears, who had taken a Benefice by Licence, and was not a Chaplain, but had
taken the Order of St. Bennet ; fb that he might be married if he would. And by 3 of the Juftices, be-
caufe he has taken a Benefice he is a Spiritual Perfon, and within the Power of the Statute, which fays,
That every Spiritual Perfon beneficed fhall be relident. Br. Surmife, pi. 24. cites 27 H. S. 1.
In Action grounded on this Statute, the Defendant pleaded in Bar, that he was and is a Layman, and
not aCleryman ; to which Plea the Plaintiff demurr'd. 1 Lutw. 158. cites a MS. of Warburton I :6~
H. S. Chapman Qui tarn v. Grefham. And the Serjeant oblcrves that foch Presentation is not a meet"
Nullity, but that he is Parfon de Facto ; and cites D. 292 b.
In an Information upon the Statute &c. the Defendant pleaded that he was clxfen Gofpelkr of St.
Paul's London, and was Relident there by Reafcn of that Dignity ; It was argued, that this was not a
Dignity, to excufe the Defendant, and the Civilians divided Spiritual Functions into three Degrees, (viz.)
ift. A Function which hath a Jurisdiction, as a Bifhop, Dean &c. idly, A Spiritual Adminiltration, with
a Cure &c. As a Parfon of a Church Sec. ;dly. Such as have neither Cure nor Jurildiction, as Preben-
daries, Chaplains &c. and they defined a Dignity to be Functio Eccleliaftica cum Jurifdictione vel Po-
tentate conjuncta, and fo exclude the two tail Jcgrees from being any Dignity. And Popham and Clench
(the other Juftices being abfent) were of the fame Opinion, that it was not a Dignity within the Sta-
tute; but they would advile ;& Adjornatur. And afterwards the Defendant compounded. Cro. E. 66i.
pi. 13. Patch. 4.1 Eliz. B. R. Boughton v. Gouflcy." 3 Nell" Abr. H5. pi. 5. cites Cro. E. 66$.
EJrclUgllfOtl b. 0frUT#lt')>, and lays, it was adjudged, but the Book is as Here.
The Parfon leas' d the Parfonage -Houfe to one who tiv'din it, and kept Hofpitality there, but himfelf hav-
ing taken a Le.ife oj the Farm-hcufe of the Manor within the Parifi, he dwelt there, and kept Hofpitalifi,
and ferv'dihe Cure. After diverge Arguments at the Bar, the Juftices were divided in Opinion whether
this was Non-Rcfidence ; Popham and Gawdy held that it was not a Relutcnce ; hut Clench and Fen-
ner e contra & lie pendet. Mo. 540. pi. 712. Mich 32 8c 40 Eliz. Goodale v. Butler. Cro. E.
590. pi. 2S. S. C. and Gawdy and Popham held, That it was not a Relidence according to the Statute,
which was made for 3 Caufcs. iff. That the Cura fhould be ferv'd. 2diy. That the Poor fhould be
fed. 3dly. That the Parfonage-houfe fhould be upholden and maintained, which laft cannot be, if the
Incumbent does not inhabit it. And if the Statute fhould beotherwife conltrued, many Inconveniencies
would enfue ; for Parfons would purchafe other Houfes within their Parifhes, and be always relident
upon them, and luffer their Parlbnage-houies to decay, and fterilitate their Glebe Lard, and meliorate
their own Pofieilions in Prejudice of their Succeffors. And as Gawdy did, The Statute which fays,
That he fhall be relident upon the Benefice, fhall be intended where there can he a Refidency ; for he
cannot be relident upon the Tithes, nor upon the Glebe-Land, where there is not any Houle ; but on-
ly his Habitation is within his Parfonage-houfe. Clench and Fenper e contra ; for they held, That if
he be.refident within his Benefice (which extends to the whole Parifh) it isfufficient ; but if he be re-
lident upon any other Houfe adjoining to his Parifh, but not within his Parifh, altho' he every Sunday
and Holiday ferve the Cure, yet it is not fufHcient, as it was adjudged here in ISfOfrn ailO j^UDfon's
Cafe. 3 3 Eliz. And they laid, That the Intent of the Statute for his Refidency is, I'hat hejhould Pa/cere
gregem Cibo, Exemplo &= Verbo ; all which he may do when he is relident in any Part of the Parifh ; and
the Statute is in the Disjunctive, viz. In, at, or upon his Benefice. Et in disjunctivis fufHcit uuum efle
verum. And it is clear, that all the Parifh is his Benefice ; lb he is refident in his Benefice ; but per-
adventure he is not refident upon his Benefice, unlefs he inhabits w ithin the Parfonage-houfe ( But note,
the Statute is in the Copulative, In, at, and upon his Benefice.) The Statute alio cannot intend Refi-
dency upon the Parfonage-houfe ; for there be divers Parlbnages which have not any Parfonage-houfe ;
but it may be alien'd by the former Parfon with the Con lent of his Patron and Ordinary, or let out,
fo as his Succeflor cannot have it ; and therefore his Refidency may be in any other Houle within the
Parifh. Wherefore &c. And Fenner faid, That the Lord Anderfon was clear of his Opinion, That
it is a fufficient Refidence, if he inhabits within any Part of the Parifh. Et adjornatur. Goldsb.
169. S. C adjornatur. 6 Rep. 21. b. S. C. adjudg'd that he muff dwell in the Parlbnage-houfe, and
not in another Houfe, tho" in the fame Parifh ; for the Statute intends not only fcrving the Cure, but
likewife maintaining the Houfes for his Succeflbrs, as well as for himfelf, that they alio may keep Hof-
The Parfon dwelt in the Tcwn, which was his Re&ory, in a Houfe of his own, and kept the Parfonagi
Houfe in his own Hands, and furr.ijhed w ith hiÂ« own Good";, without letting the Houfe to any Perfon. The
Queftion was, whether the Parfon had hereby incurred the Penalty of the Statute 21 H. S. 13. This
Cafe was compounded by the Lord Coke, but he intended this was no Relidence within the Statute.
2 Brownl. 54, 55. Hill. 8 Jac. 1610 C. B. Canning v Dr. Newman.
This Statute is a General Law, and therefore need not be pleaded, nor any Part thereof. Cro. E.
601. pi. 11. Mich. 39 & 40 Eliz. B. R. in Cafe of Armiger v. Holland. S. P. Brownl. 208. Mich.
5 Jac. in Cafe of Jennings v. Haithwait.
Watf. Comp. Inc. Svo. 685. c. 37. fays, he conceives, That altho' by the Statute of the'2i H. 8.c. 13.
there is no exprefs Provifion made to excufe any Perlon from being refident upon any of bis Bereft e ,by
having been a Chaplain to any Perfon, after his Attendance is determined, nor to excufe other Perfon*
enabled thereby to hold more than one Benefice by Difpanfation, yet he that is duly qualified and dil-
peufed with to hold more than one Benefice, if he be duly refident upon any one of hii Dignities, or
Benefices with Cure, is not punifhable by the faid Act ; becaufe this Aft doth only require, that he
fiiall be refideal in, at, and upon his Dignity, or Benefice, or at one of them at the leaft ; fuch Inter-
pretation is to be made of that Acta'; fhaft make the lame practicable, tfut is, that theLiberty and Be-
nefit given thereby toPerfons qualified by Birth, Degree, orServuS, for holding more than one IV-
nefice, may be enjoyed, which is impoffible, if by realbn of the fame Act, Perfons having mort
Benefices than one be reftrained f.om being abient from any one of them by the Space of i Month to-
gether, or bv the Space of 2 Morths to be accounted at fcvcral Times in ony one Year. And he lu-
poles, That if a Pluralift, tho' duly refident upon
not being rehdent upon his other, that a Non obftante had of the King will rot fave him from the
Penalty thereof, becaufe all Licenfes and Difpenfations to benon-refident, contrary tothe Aid \cr ire
thereby made void, and of none E met, v. ith a Provifion, That it mall be lawful for the Kinn to eive
Licences to every of his own Chaplains to be Non-refidenr, but no Provifion for his licenfing of othert
And it is alio enacted by the Stat, of 1 VV. & M. Sell 2. caa 2. declaring the R ights and Liberties of
the Subject &C " That no ; >,:' e ifation by Non-obltantc of, or to, any Statute, or any Part there
Â«Â« o', (hail he allowed, but that the fame fhall be held void and of none Effect, except a Difpenfatiofc
Â«Â« be allowed of m fuch Si itutc, and esoept in fuch Cafes as fhall be fpecially provided lor by one or
" more Bill or Bills to be pafled during tbisprefent Seflion of Parliament : And it is aifo declared
1 Thai the pretended Power offufpending Laws, or the Execution of Laws by Regal Authority with'
" oui.Cpnfent of Parliament Billegal." Butthe Doctor conceives, That ifanyPerfon, having more thata
one benefice (efpecially with Cure) by fufficient Difpenfation be punifhable (being Refidentupon one of
them) for not being alforefident upoi hisothcr, he is onl â– \leintU i I Court, and as
anOjj-i. t the Ecclefiaftical Law,md not agamttthczi atute of2i H.8 and that chiefly bv
reaionottheufaslProvifijntbeJrcbbijlop's Difpenfation to. I old 2 Benefices with Curt, which he there
recites. It mav be a Queftior, W hether Bifiofs , for their being not refidertt upon their Bifhoo
ricks, are punifhable by the Statute of 21 H. 8. cap. 15. and he conceived that they are mttunil
M: thereby, for that the faid Statute enjoins Relidence to Perfons promoted toanyArchdeaconrv Dcanrv
or other Dignity in any Cathedral Church ; which other Dignity h to be conftrued to extend oni*
to Dignities of like or 1 Tenor Nature, a id not to Bifhopricks which are of a fuperior Nature But
tho' an Archbifhop or Bifhop be not tied to he refideot upon his Bifhoprick by the Statute of 21 H 3
yet they are thereto obliged by the Ecclefutfiical Law, and may be compelled to keep Rcfidence by Ealeti
afikalCer.fttres And if a Bifhop hold m Co: mendam an Archdeaconry, Deanry, or like inferior D'Â°-
mty Pajfonagc or Vicarage, with his Bifhoprick, he is punifhable bv the laid Stature, if according to
the fime he be not refidentnpon fuch Dignity, Parfonage, or Vicarage, and that tho' he be conftantl*
rehdent upon his Bimopii.K, he fhall not be e\xufed thereby ' }
[One would think it might be juftly wondered at, that in a' Chriftian Country there fhould be any oc
cafion of Human Laws to inforce Refidence of Clergymen, who have fo folemnly taken upon them"
the Charge and Care of the Souls of their Flock, and of which fo Ariel an Account will one Da v be
required of them. Kon-Refidence, unlel's in very few particular Cafes, feems utterly inconfiitent with
their folemn Engagements, and the Duties required of them by our Molt Holy Religion â– and it mav
be worth the Conflderaion of many Perfons, who obtain Difpenfations upon Principles of Intereft and
\\ orldly Advantages, how far they will be allowed to jaftify under them at that Great Day of Account
The Damnable and Damned Events of this Neglect, as my Lord Coke 2 Inft. 6z6. calls them are more
and more obiervable almoft every Day, as they contribute to the dreadful Increafe of Infidelity and
Atheilm, which, there is too great Re-Ion to fear, will (if not timely repented of ) bringdown levere
Judgments upon us.] " "-Â»Â«c
S. 27. If any Per fan obtain at Rome or elfewhere any Difpenfation to be
Non-Rodent contrary to this AcJ, every fuch Perfon, putting in Execution
any fuch Difpenfation for hmfelf, /hall incur the Penalty of 20/. to be tor-
jetted and recovered as above/aid, and fuch Difpenfatii n to be void.
2. 33 H. S. cap. 28. S. 2. Ena&s, That the Chancellor of the Dutchy of
Laucaftcr, and General Surveyors of the King's Lands, the freafurer of the
King's Chamber, and the Groom of the Stole, may retain in his Houfe or at-
tendant unto his Perfon, one Chaplain, having one Benefice with Cure ' which
may be Non-Refident.
S. 3. Provided, that the Chaplain fhall repair 2 times in every Tear to his
Cure, and there tarry 8 Days at leaft to vijit and infimel his Cure upon Pain
to forfeit for every time jailing 40 s. the one Moiety to theKing, and the other
to fuch as will fuc for the fame.
3. 18 Etiz. 11, S.7. After Complaint and. Sentence the Ordinary within 2
Months of the Sentence, upon Requeft of one or more Church-wardens fhall
grant a Sequeftracion thereof to one or more Inhabitant : And upon Default
tn the Ordinary every Parijhioner may retain his tabes, and the Church-
wardens may take the Profits of the Glebe &c. to be imphfd to the Poor's
life till Sequeftration committed, and then to account to fuch Sequifirators who
are to employ fuch Profits according to 1 3 Khz. 20.
4. In the Statute i IV. & M. Sejf. i. cap. 27. which difables Popifli Re-
tufants to prefent to Benefices, and gives the Prefentation to the Univer-
sities, there is a Provifo, 'That if any Perfon fo prefented or nominated to any
Benefice, with Cure, /hall be abfent from the fame above the Space of '60 Days ,
that in fitch Cafe the faid Benefice /hall become void.
5. It is a Quaere if aParfon may demife all his Living, becaufe it may
amount to Non-Relldence. Per Holt Ch. J. 12 Mod. 236. Mich. 10
W. 3. Anon.
(B) The Effdl of "Non-Rejideme as to Leafes.
4. 13 Eliz. cap. 20. TT'N A CTS, That No Lcafe to be made of any Be- This was ad-
S. r. JQj ihjice or Ecckjiaftical Promotion with Cure, or i ud g ed Â« G *-
any Part thereof 'not impropriated, fhall endure longer than while the Lejfor Forth"*â„¢ '
pall be ordinarily rejident, and ferving the Cure of fuch Benefice without extends 'only
Abfence above four/core Days in any one Tear, but every fuch Lcafe immedi- to thofe who
ately upon fuch Abfence, pall ceafe, and the Incumbent fo offending pall lofe have Cure of
one Tear's Profit of his Benefice, to be dijlributtd by the Ordinary among the feTea oft/*
Poor of the Panfh. Multiplicity 8
ges and Vicarages in England, the Judges mud take Notice of it as a General Law, and adjudge accord-
ing to the laid Statute. And fo is the Statute of 21 H. 8 for Non-Relldence. Brown!. 20S Mich
5 Jac. Jennings v. Harhwait. Â«â€” Noy 124. S. C. by the Name of Jennings's Cafe, but oblcurely re-
ported â€” Yelv. 106. S C.
To bring a Lcafe within this Aft it muft be averr'd, That the Parfon was abfent above So Davs in the
lame Year. Goldsb. 154. pi. 82. Jackfon's Cafe. It muft be alleg'd, That he was abfent So Days,
&= ultra ; for he may be abfent 80 Days, and come again in the Night of the Soth Day ; fo that it mult
be exprefly alleged. And of that Opinion was the whole Court. Cro. Â£ SS. pi. 10. Hill. 30 Eliz.
B. R. Gofnal v. Kindermarch. Mo. 456. in the Cafe of Robins v. Gerrard and Prince.
A Parfon made a Lcafe for 21 Years, rendering the Ancient Rent, which was confirmed by the Pa-
tron and Ordinary ; the Leffee affign'd Fart of the Term to the Plaintiff", the Parfn died, his Succeffor en-
tered and made a Leafeto the Defendant, againft whom the Leffee brought an Action of Debt upon the
ift Leafe ; the Defendant pleaded the Stature 15 Eliz. which makes all Leales void, where the Parfon
is abfent or Not-refident for So Days &c. And upon a Demurrer to this Plea, it was adjudged that the
Leafe was void ; for the Statute provides againft Dilapidations and for ehe Maintenance of Hofpitality
Cro. E. 12;. pi. 1. Hill. 51 Eliz. B. R. Mott v. Hales. Mo. 2;o. pi. 422. S C. but the Court was
divided ; for Wray and Clench held the Leafe void, but Shute and Gawdy contra ; but becaufe the
Statute was mifrecited, Judgment was given againft the Defendant. Vent. 245. Trin. 25 Car. z.
B. R. in Cafe of Baily v. Miirrin. TwifdcnJ. doubted whether it were fo adjudged, becaufe iiiy"
Lord Coke mentions it no where, fuppofiug fo notable a Point would not have efcaped his Observation
efpecially in a Cafe wherein he was Counlel. But Hale faid. It was adjudged by the Opinion of -
Judges ; tho' in Moor it is faid, The Court was divided, but it was a hard Opinion ; And that ;8 Eliz*
B. R. Mo. * 6c6. the very Point was adjudged contrary. 2 Lev. 61. in the Cafe of Bayly v. MurK-
day, S. C. cited. * Quaere if it mould not be (pi. 609.) the Cafe of t Robins v. Gerard and
Prince. t See (pi. 2 )
Note byTanfield that by the Statute 13 Eliz. cap. 20. of Non-Reiidency,That if the Parfon be abfent
SoDayj in a Year, altho' it be at fever al Times, (viz.) 10 Days at one Time, and 20 Days at another
Time, until 80 Days See. that is within the Statute, by which it has been adjudged. Noy 116 Sidncr
In Cafe upon an Agreement to fay Money for Tithes^ the Defendant confeffed the Agreement, but pleaded
in Bar the Statutes 13 Eliz. cap. 20. c" l^Eliz. cap. 11. andjheiued, That the Parfon was abfent from his
Parfonage by the Space of So Days in one Year &c. The jury found, That he was not abfent as al-
leged by the Defendant ; for that he dwelt in another Town adjoining, and came conftantly to his Parifli
Church every Sunday, Wednefday, Friday, and Saturday, and there "read Divine Service ; but that he had a
Parfonage Houle m his Panfh fit for his Habitation. Adjudged, That this was not fuch an Abfence by
the Space of 40 Days in one Year, as to avoid the Leafe within the faid Statutes. Bulft in n-
Pafch. 9 Jac. B R. Shepherd v. Twoulfie. The Time of Abfence which the Statute requires to
avoid Leafes is So Days and more, which ought to be One Continued Abfence for 80 Days altogether and
at one Time. Arg. G. Equ. Rep. 22S cites Bulft. 1 1 1 Shepherd v. Townlie. But this Cafe was
denied to be Law. P 12 Geo. G. Equ. R. 229. in the Cafe of Quiltcr v. Mull'endine
All the JufHces were of Opinion, That Death will not make fuch a Non Relidence as will avoid a
Leafe. Vent. 245. Trin. 25 Car. 2. B R. in the, Cafe of Bayly v. Murin.- 2 Lev. 62. S P ac-
cordingly in S C.
P P 2. If
2. If an Incumbent be inhibited by the Ordinary from fcrving the
Cure, and be ejeftedottt of the Parfonage-Houfe by the Defendant, ib that
the Abknce lrom the Cure and Relidence be involuntary, a Leafe made
by him was agreed not to become thereby void. Mo. 448. pi. 609. Hiil.
38 Eliz. Robins v. Gerard and Prince.
The Report- ' 3. When a Parfon kafes to bis Curate, who kafts over, the Statute does
er adds a nol m ^ e t h e [ ea f c VuK \ Dv the Ablence of the Parfon, but by the Abience
of the Curate for 40 Days. Le.ioo. pl.129. Pafch. 30 Eliz. B.R. Saint
that by die John v. Petit.
Eliz. the Curate cannot lcafe Sec. Ibid.
S. C cited 4. A Parfon made a Leafe for Years, in which were diverfe Covenants,
perWray, anc j aI j. er | lc bep ame Non-Relident, ,by which the Indenture became void,
C â„¢1 ^q1'_ yet lie may maintain an ABion of Covenant for a Covenant broken before
low'sCafe, his Non-Relidency. Arg. cited and admitted per Wray, Cro. E. 78. to.
have been adjudged in 2t> Eliz.. in the Cafe of Walls v. Cox.
(C) Indulged. In what Cafes.
a Inft 624. 1. 9 E. 2. 8. T?N ACTS, That fuch Clerks as attend in the Kiag\
fays, There Jj^ Service, if any offend, (ball be correBed by the Ordma-i
is an ancient f ; a flS ot y rs ^ . HhU'leit, fo long as tl ty be en/ployed about the Exchequer,
De'noftRefi- the J l hal1 " ot be bou " d t0 kec P & c f l(icncc in thar ^ i:iu ' ches - To this vvas
deritÂ»ClerU added by the * King's Counlel, t The King and his Anceftors, Tmn out
ci Regis, and j Mind, have tifed, that Clerks who are employed in his Service, during the
which he ^ mg ^ are fo in / 7/J Service, Jhall not be compelled to keep R faience in their
And\i C the S ' Benefices ; and fuch Things as are found necefary for the King and Commons
Margin cites wealth ought not to be J "aid prejudicial to the Church.
Anl'p N B 44 (G ) â– * The Kind's Counlel is Ik re taken for Commune CtuciUum Rtgni, as is
is termed in Original Writs, and other legal Records, and fo it is taken in other Acts of Parliament
and in the Preamble of this Act alfo, where it is laid, Ac nupcr in Parliament noitro apud Lincoln
&c. coram Concilio noitro Sec. 2 In ft 624, _ ,'Â»-., rucu v