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taken in the church to take distresses, and sometimes they take the parson's the fees of beasts in the king's highway, where they have nothing but the
land belonging to the church. Answer: The king's pleasure is, that from henceforth such distresses shall neither be taken in the king's highway, nor in the fees wherewith churches in times past have been endowed ; nevertheless he willeth distresses to be taken in possessions of the church newly purchased by ecclesiastical per
Fees of the church] That is, lands belonging to the church. Lindw. 268.
Parsons] Here parsons (rectores) be named but for example; for this law extendeth to other ecclesiastical persons. 2 Inst. 627.
From henceforth such distresses shall not be taken] Notwithstanding that the king's officers, as sheriffs and others, are mentioned in the complaining part, yet Lord Coke says this law bindeth not the king, when he is party, for any debt or duty due unto him, because the distress or other process for the king is not expressly named (in the enacting part), but distresses generally: And this appeareth, he says, by a book case (27 Ass. p. 66); a prior brought a bill of trespass against the sheriff
, for entering into his sanctuary, that is, within the circuit of the scite of his priory, and took away his beasts. The defendant said, that he
was sheriff, and that the prior lost issues in the court of common [ 203 ] pleas, and a writ issued to him to levy the issues, and that he
entered into the sanctuary because he could not find a distress without. Whereupon the plaintiff demurred, and judgment was given against the plaintiff. Which proveth that the sheriff in that case could not have returned, upon the process to him directed, that he is a clerk beneficed having no lay fee. 2 Inst. 627. Nevertheless, the words are, that such distresses (quod districtiones hujusmodi) shall not be taken ; which manifestly refer to the complaint preceding.
Shall neither be taken] And if they be taken, the party aggrieved may have a writ for his relief.
Gibs. 15. Have been endowed] This is to be taken in a large sense; for here the fees that they have by reason of their foundation, or by reason of their dotation or endowment, are included. 2 Inst. 627.
Endowed] The possessions of the church are the endowment of the church, and they are accounted as tenants in dower. 2 Inst. 627.
Possessions of the church newly purchased by ecclesiastical persons] Concerning tasks, tenths, and fifteenths granted by parliament to the king, the possessions of ecclesiastical persons, which they acquired since the 20 Ed. 1. either by purchase or act in law were chargeable thereunto: but those which they had at that time were not charged therewith. And the reason thereof was
this: The pope (after the example of the high priest among the Jews, who had of the Levites the tenth part of the tithe) claimed by pretext thereof a yearly tenth part of the value of all ecclesiastical livings. This portion or tribute was by ordinance yielded to the pope in 20 Ed. 1., and a valuation then made of the ecclesiastical livings within this realm, to the end the pope might know, and be answered of that yearly revenue, so as the ecclesiastical livings, chargeable with that tenth (which was called spiritual) to the pope, were not chargeable with the temporal tenths or fifteenths granted to the king in parliament, lest they should be doubly charged: but their possessions acquired after that taxation were liable to the temporal tenths or fifteenths, because they were not charged to the other. 2 Inst. 627.
Nerely purchased] In which the temporal lords had a right of distraining; which right they ought not to lose, by the possessions coming into the hands of ecclesiastical persons. For where any burden real lieth upon any land or place, the thing itself passeth with its burden. Lindw. 268.
Purchased] Either to their own use, or to the use of the church. [ 204 ] Lindw. 268. 15. If any ecclesiastical person knowledge a statute merchant Shall not be
taken on a or statute staple, or a recognizance in the nature of a statute staple; his body shall not be taken by force of any process there- chant or upon. 2 Inst. 4.
staple. 16. Amongst the Saxons, the lands of the clergy were charged Free from to castles, bridges, and expeditions. _Wake's State of the Ch. 2. tolls and
other But after the introduction of the Romish canon law, they ob
charges by tained exemptions.
And lord Coke says, that ecclesiastical persons ought to be quit mon law. and discharged of tolls and customs, avirage, pontage, paviage, and the like, for their ecclesiastical goods; and if they be molested therefore, they may have a writ for their discharge. 2 Inst. 3.
Which writ they may have out of the chancery made, of course without petition or motion, directed to the party that distrains or disturbs them for any of these things, commanding them to desist; and if such writ be not obeyed, the cursitor, of course, will make out an alias and pluries ; and if none of these will be obeyed, an attachment to arrest the party, and detain him till he obey. Degge, p. 1. c. 11.
But this and the like is always to be understood, with this exception, viz. provided that no act of parliament hath ordered otherwise.
17. Anciently, indeed, it was held, that clergymen are not to Not freed be burdened in the general charges with the laity of this realm ;
by act of
neither to be troubled or incumbered, unless they be specially parliament. named and expressly charged by some statute. God. Rep. 194.
Thus Dr. Godolphin observes, that the statute of hue and cry charges the inhabitants and resiants; but it hath never been taken, says he, that parsons and vicars are included, or shall be contributory in robberies. In the same statute are watchings ; yet the clergy thereby are never charged. The statute for highways, charged every householder; yet this hath never been taken by usage to charge the clergy. Also, the charge of gaols ; the
all resiants shall pay: yet have the clergy never been charged. Thus, where the bridge acts say, all inhabitants shall be assessed; it must mean all such only as are chargeable to pontage. God. Rep. 194, 195.
But now the contrary doctrine prevails, that clergymen are liable to all charges by act of parliament, unless they are specially
exempted. [ 205 ] Thus they are, both in respect of their tithes and glebes, liable
to contribute to watch and ward, to the repair of the highways, and may be rated or taxed by the commissioners of sewers; they, as well as laymen, are chargeable to the poor maimed soldiers or poor prisoners, county rates, and shall contribute towards satisfying for a robbery committed within the hundred, and all other public charges imposed by act of parliament. And this hath been resolved upon debate, as Hale, chief justice, said, before all the judges, T. 27 C. 2. in the case of Webb and Batchelor. Wats. ch. 40. 3 Keb. 255. 476. 1 Ventr. 273. 2 Lev. 139. Lutw. 1563.
And particularly, in the case of bridges, the statute of the 22 H. 8. says, the justices of the peace shall assess every inhabitant towards their repair : by which words, every inhabitant, lord Coke says, all privileges of exemptions or discharges whatsoever from contribution (if any were) are taken away, although the exemption were by act of parliament. 2 Inst. 704.
And in respect of the highways, where the statutes direct, that the parishioners of every parish shall repair, Mr. Hawkins observes thereupon, that persons in holy orders are within the purview of these statutes, in respect of their spiritual possessions, as much as any other persons whatsoever, in respect of any other possessions ; for the words are general, and there is no kind of intimation that any particular persons shall be exempted more than
others. i Haw. 204. Apparel.
18. The canonical habit (properly speaking) is that which is injoined by the canons of the church. " But in a matter so fluctuating as that of dress, it is impossible to lay down rules for apparel in one age, which will not appear ridiculous in the next. In such case, the general rule can only be, that clergymen shall appear in habit and dress such as shall comport with
gravity and decency, without effeminacy or affectation.
The canons for the habit of clergymen are chiefly these two that follow : which, for the reason above-mentioned, are now become matters only of curiosity and speculation.
By a constitution of archbishop Stratford, in the year 1343, in the reign of king Edward the third : The outward habit often shews the inward disposition; and though the behaviour of the clergy ought to be the instruction of the laity, yet the prevailing excesses of the clergy, as to tonsure, garments, and trappings, give abominable scandal to the people; because such as have dignities, parsonages, honourable prebends, and benefices with [ 206 ] cure, and even men in holy orders, scorn the tonsure (which is the mark of perfection, and of the heavenly kingdom), and distinguish themselves with hair hanging down to their shoulders, in an effeminate manner; and apparel themselves like soldiers rather than clerks, with an upper jump remarkably short, with excessive wide or long sleeves, not covering the elbows, but hanging down; their hair curled and powdered, and caps with tippets of a wonderful length; with long beards; and rings on their fingers ; girt with girdles exceedingly large and costly, having purses enamelled with figures and various sculptures gilt, hanging with knives (like swords) in open view ; their shoes chequered with red and green, exceeding long, and variously indented; with croppers to their saddles, and horns hanging at the necks of their horses; and cloaks furred on the edges, contrary to the canonical sanctions, so that there is no distinction between clerks and laicks, which rendereth them unworthy of the privilege of their order: we therefore, to obviate these miscarriages, as well of the masters and scholars within the universities of our province, as of those without, with the approbation of this sacred council do ordain, that all beneficed men, those especially in holy orders, in our province, have their tonsure as comports with the state of clergymen ; and if any of them do exceed by going in a remarkably short and close upper garment, with long or unreasonably wide sleeves, not covering the elbow, but hanging down, with hair unclipped, long beards, with rings on their fingers in public (excepting those of honour and dignity), or exceed in any particular before expressed; such of them as have benefices, unless within six months time they shall effectually reform upon admonition given, shall incur suspension from their office ipso facto, and if they continue under it for three months, they shall from that time be suspended from their benefice ipso jure without any further admonition: And they shall not be absolved from this sentence by their diocesans, till they pay the fifth part of one year's profit of their benefices to be distributed to the
If they be unbeneficed, they shall be disabled from obtaining a benefice for four months. And such as are students in the universities, and pass for clerks, if they do not effectually abstain
from the premises, shall be ipso facto disabled from taking any
ecclesiastical degrees or honours in those universities, till by their [ 207 ] behaviour they give proof of their discretion as becometh scholars.
Yet by this constitution we intend not to abridge clerks of open wide surcoats, called table coats, with fitting sleeves to be used at seasonable times and places; nor of short and close garments, whilst they are travelling in the country, at their own discretion. Lind. 122. Johns. Stratf.
Tonsure.] This signifieth sometimes not only the shaved spot on the crown of the head, but the whole ecclesiastical cut, or having the hair clipt in such a fashion, that the ears might be seen, but not the forehead. Johns. Stratf.
Surcoats.] Made to save better cloaths, especially in eating and drinking at home. Lind. 124.
And by the seventy-fourth canon of the canons in the year 1603. Archbishops and bishops shall use the accustomed apparel of their degrees: Deans, masters of colleges, archdeacons and prebendaries in cathedral and collegiate churches (being priests or deacons), doctors in divinity, law, and physic, bachelors in divinity, masters of arts, and bachelors of law, having any ecclesiastical living, shall usually wear gowns with standing collars and sleeves strait at the hands, or wide sleeves, as is used in the universities, with hoods or tippets of silk or sarcenet, and square caps. And all other ministers shall also usually wear the like apparel as is aforesaid, except tippets only. And all the said ecclesiastical persons abovementioned shall usually wear in their journies cloaks with sleeves, commonly called priests' cloaks, with guards, welts, long buttons, or cuts. And no ecclesiastical person shall wear any coife or wrought night-cap, but only plain night-caps of black silk, satten, or velvet. In private houses, and in their studies, the said persons ecclesiastical may use any comely and scholarlike apparel, provided that it be not cut or pinkt, and in public not to go in their doublet and hose, without coats or cassocks. And not to wear any light coloured stockings. Poor beneficed men and curates (not being able to provide themselves long gowns) may go in short
gowns of the fashion aforesaid. Particularly, the band, we may observe, is no part of the canonical habit; being not so ancient as any canon of the church. Archbishop Laud is pictured in a ruff, which was worn at that time both by clergymen and gentlemen of the law; as also long
before, during the reigns of king James the first, and of queen [ 208 ] Elizabeth. The band came in with the puritans and other
sectaries, upon the downfal of episcopacy; and in a few years afterwards became the common habit of men of all denominations and professions: which giving way in its turn, was yet retained by the gentlemen of the long robe (both ecclesiastical and temporal), only because they would not follow every caprice of