casy Goodale against butler easter term Elizabeth roll a clergyman with cure  of soul must reside in his parsonagehouse for if he life in any other house  though within his parish he will he liable to the penalty of Henry c S   b  Browill gold more keb Bulst             light hard vent burr Andrews strange  Bl Rep information upon the Henry c S of nonresidence the defendant plead not  guilty and a special verdict be find that the defendant be parson of Downham  in Norfolk and have a parsonagehouse and glebeland within the parish but he  inhabit not therein but in a copyhold tenement which he have in right of his  wife in the say parish and he always serve the cure and whether this be a  nonresident within the statute be the question after argument by Tarifield for  the plaintiff and athoe for the defendant the justice deliver their reason  several gawdy and Popham hold that it be not a residence accord to the statute  which croak Elizabeth er p be make for three cause first that the cure shall  he serve second that the poor shall he feed three that the parsonagehouse  shall he uphold and maintain which last can he if the incumbent do not inhabit  it and if the statute shall be otherwise construe many inconvenience will  ensue for parson will purchase other house within their parish croak Elizabeth  and he always resident upon they and suffer their parsonage house to decay and  barrenness their glebeland and meliorate their own possession in prejudice of  their successor and as gawdy say the statute which say that he shall be  resident upon the benefice shall be intend where there can he a residency for  he can be resident upon the tithe nor upon the glebeland where there be not  any house therefore his only habitation be within his parsonagehouse Clench  and Fenner contra for they hold that if he he resident within his benefice  which extend to the whole parish it be sufficient but if he he resident upon  any other house adjoin to his parish but not within his parish although he  every Sunday and holiday serve the cure yet it be not sufficient as it be  adjudge here in brown v Hudson and they say that the intent of the statute for  his residency be that he shall to cause to eat flock food pattern el word all  which he may do when he be resident in any part of the parish the statute be  in the disjunctive videlicet in at or upon his henefice et in disjunctivis be  sufficient One be yes and it be clear that all the parish be his henefice so  he be resident in his henefice but peradventure he be not resident upon his  henefice unless he inhabit within the parsoriagehouse but note the statute be  in the copulative in at and upon his henefice the statute also can intend  residency upon the parsonagehouse for there he diverse parsonage which have  not any parsonagehouse a but it may be alien by the former parson with the  consent of his patron and ordinary or let out so as his successor can have it  and therefore his residency may he in any other house within the parish  wherefore c and Fenner say that l c I Anderson be clear of his opinion that it  be a sufficient residence if he inhabit within any part of the parish el  adjournatur b