canning against doctor newma in a information upon the statute of h chapter of  nonresidence it be find by special verdict that doctor Newman be incumbent  invest in the rectory of Staplehurst in the county of ken and that he be also  seize of a house in Staplehurst aforesaid situate within twenty yard of the  rectory and that the mansion house of the say rectory be in good repair and  that doctor Newman hold that in his hand and occupation with his own proper  good and do not let it to any other and that he inhabit in the say message and  not in the parsonage the statute of h chapter provide that every parson  promote to any parsonage shall be personal resident and abide in at and upon  the say benefice and in case any such spiritual parson keep not residence at  his benefice as aforesaid but absent himself wilful by the space of a month  together or two month to be account at several time in any one year and make  his residence and abide in any other place by such time that then he shall  forfeit for every such default ten pound the one half to the king and the  other half to the informer and if the say doctor Newman be not resident and  incur the penalty of this statute be the question and it be argue by Haughton  that he have incur the penalty of the statute and be nonresident within the  intent and he argue that to some intent all the parish may be say the benefice  of the parson for that that he have benefit out of it and he be call parson of  such a town or parish but this be not the benefice that the statute intend  upon which he ought to be resident as in the assize if a corrody be grant out  of a abbey it shall not be intend out of the seat of the abbey out of the book  of assize where it be say that if a rend be grant out of a priory that all the  possession of the priory be charge as to that he say it be but it be say and  not judgement and also the say book may be well reconcile for it be more  proper that the seat of the abbey shall be charge with the corrody and the  possession of the priory with the rend and also he say there be seven cause of  make of the say statute whereof but two be to our purpose the first be  hospitality second Brownlow goldsborough relief of the poor and these be to be  do in the parsonage house for this be the free nourishing of the church and so  it be adjudge of Elizabeth n the king bench broom and Hudson and in this court  also in the of Elizabeth n the king bench betwixt buller and Goodall coke b  that he ought to be resident upon the parsonage house and not other where and  he allow and agree that imprisonment without deceit and sickness be good  excuse but so it shall not be a prejudice for the parsonage house be in good  repair and so conclude that judgement shall be give for the plaintiff and for  the defendant Barker sergeant argue that it appear by the special verdict that  doctor Newman hold the parsonage house in his own hand and occupation and do  not let it upon which he gather that his servant be resident upon it and to  the exposition of the statute he say that it appear by Heydons case coke that  the better mean to expound statute be to consider the mischief which be at the  commonlaw before the make of that and when it be intend to be reform by that  and this appear by the preamble of the statute also he say that before the  Council of lateran a man may pay his tithe to who he will but by the same  council all the parish be make the benefice of the parson for he receive  benefit by that and yet he say that before the say statute every spiritual man  be bind and compellable by the ecclesiastical law to be resident yet if he be  in the king service or any officer of the chancery he shall be excuse as it  appear in the register fol b though that he be dean the which office merley  require his personal residence as it be there say and also he say that the  case between buller and goodal be that the parson demise all the parsonage  house but only one chamber and be not resident in that but in a copyhold  within the town and so pray judgement for the defendant this case be compound  by the Lord coke but he Brownlow goldsborough er p intend this be no residence  within the statute for this be not his benefice but the tenant part of that as  he say have be adjudge in the exchequer Hillary James in the common bench