The Parson's Counsellor; With the Law of Tythes or Tything
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1820 edition. Excerpt: ...the clerk in that case received his donative is to be.... T, f i resigned. living immediately from the patron. Cro Jac. 63. And if there be two patrons of a donative, and the Yelv-60 1, ..., i lust. 344.-. incumbent resign to one or them, it is good lor the whole. In the case of one Gay ton, P. 34 Eliz. in the Common cro. Jac. 63. Pleas, in a quare impedit for the church of Little Cres-Resignation in singham in Norfolk, a parson resigned his benefice in presence of a the presence of a public notary, sponte, pure, et siui-gembie'resoiu pliciter, to the use of two upon condition, " quod si tion., ....., S, ., . P.3. Eliz. rot. aliqui eorum non admissi tuer et realem possessionem 343 c B ecclesiae praedictae adipisci non valeant infra sex menses, quod tune," &c. And in this case it was very much disputed, whether a resignation could be upon condition; but at last, with advisement with the civilians, it was resolved, that a resignation might be upon condition. Permutations, or exchanges, are where two clergy-202 men agree to exchange their livings, and after they p.rTMutatlon' made such agreement and put in writing, they make mutual resignations upon condition, in the form follow-Regist.so6. b. ing. notary public, to the bishop by the post. And this resignation was held enough if the bishop signed a memorandum of his acceptance of it; for that acceptance is not a judicial but domestic act, requiring no registration. Hayes v. Exeter College, 12 Ves. 336. It is still doubtful whether the ordinary may refuse to accept a resignation without assigning any cause, or whether he may be compelled to assign a sufficient cause if he should refuse. Vide 1 Bla. Com. 393. Mr. Christian's note. " In Dei nomine, amen. Ego H. de W. rector...
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