carver against PINCICNEY action of debt upon a indenture and the stat of the  that car demurrer nottingham to wit William Pinckney late of Mansfield  Woodhouse in the county aforesaid Esq be summon to answer Charles carver clerk  of a plea that be render to he S d which he owe he and unjust detain c and  whereupon the say Charles by Francis wile his attorney say that whereas by a  certain indenture make at Mansfield Woodhouse aforesaid the that day of July  in the d year of the reign of the lord the now king between one Michael  honeywood doctor of divinity late dean of the cathedral church of the bless  virgin mary of Lincoln levinz er p decease of the one part and he the say  William Pinkney of the other part one part of which seal with the seal of the  say late dean the say William have in his power it be witness that whereas the  say dean in his lifetime for diverse cause and consideration he thereto  special move bad demise grant and to farm let and by the say indenture for he  and his successor do mouse grant and to farm let unto the say William Pinckney  all that rectory and parsonage of Mansfield in the say county of nottingham  with all member and appurtenance and all and all manner of glebe land tenement  tithe fruit ablations profit commodity emolument rend service and hereditament  whatsoever with all and singular the appurtenance to the say rectory and  parsonage and to the chapel of Mansfield woe dhouse and Skegby or to any of  they belong or appertain the portion of the vicarage of Mansfield and the  presentation thereto when it shall become vacant and the pension of the  parochial church of Sutton in Ashfield always be except and reserve to have  and to hold the say rectory and parsonage with all and singular the other  premise except the before except to the say William Pinckney and his heir from  the time of the make levinz of the say indenture for and during the natural  life of the say William Pinckney and of Elizabeth his wife and of Eliz aand th  Pinckney the daughter of the say William Pinckney then of the age of one year  or thereabouts and for the life of the long liver of they under the annual  rend of to the say dean and his successor Deans of Lincoln or their assign  annual to be pay at the Feast of the purification of the bless Tirgin mary and  of the Nativity of saint John the Baptlst and the say William Pinckney by the  say indenture do covenant grant and agree to and with the say dean and his  successor that he the say William Pinckney his heir and assign during the life  aforesaid will find and provide one sufficient minister or priest to celebrate  divine service in Mansfield Woodhouse aforesaid and another sufficient  minister or priest in the chapel of Skegby and each and every of they shall be  such as shall be allow and approve by the say dean and his successor and that  the say William Pinckney his heir and assign during the life aforesaid or the  life of any of they will allow and pay annual to the minister or priest of  Mansfield Woodhouse the sum of forty mark at the least at the church or chapel  of Mansfi old Woodhouse and to the minister or priest of Skegby the sum of  twenty mark at the least at the church or chapel of Skegby which payment shall  be make by even and equal portion at the say two feast or day of payment above  timited for the say annual rend to be pay to the say dean and his successor as  by the say indenture more full appear and whereas by a certain Act enact in  the parliament of the lord the now king beld by prorogation at Westminster in  the county of Middlesex the that day of February in the that year of his reign  entitle a Act for confirm and perpetuate augmentation make by Ecclesi astical  person to small vicarages and curacy among other thing it be enact that all  and every augmentation of what nature soever grant reserve or agree to be make  Payable or intend to be grant reserve or make Payable from the first day of  June in the that year of the reign of the say lord the now king or which at  any time afterward shall be grant reserve or make Payable to any vicar or  curatd or reserve by way of increase of rend to the lessors but intend to be  for the use or benefit of any vicar or curate by any archbishop bishop dean  provost dean and chapter archdeacon levinz prebendary or other ecclesiastical  corporation person or person whatsoever so make the say reservation out of any  rectory impropriate or portion of tithe belong to any archbishop bishop dean  provost dean and chapter or other ecclesiastical corporation person or person  shall be deem and adjudge to continue and be and for ever afterward shall  continue and remain as well during the continuance of the estate or term upon  which the say augmentation be grant reserve or agree to be make Payable as  afterward in who hand soever the say rectory or portion of tithe shall be  Chargeable therewith whether the same be reserve again or not and the say  vicar and curate respective by the say Act be adjudge in the actual possession  thereof for the use of themselves and their successor and the same shall be  for ever afterward take receive and enjoy by the say vicar and curate and  their successor as well during the continuance of the term or estate upon  which the say augmentation be grant reserve or agree to be make Payable as  afterward and the say vicar levinz er p and curate shall have remedy for the  same either by distress upon the rectory impropriate or portion of tithe  charge therewith or by action of debt against that person who ought to have  pay the say augmentation his executor or administrator any disability in the  person or person body politic or corporate so grant or any disability or  incapacity in the vicar or curate to who or for who use or benefit the say  augmentation be grant or intend to be grant the statute of mortmain or any  other law or custom or other matter or thing whatsoever to the contrary  notwithstanding as in the say Act be more full contain and the say Charle  further say that he the say Charles afterward to wit upon the that day of June  in the d year of the reign of the say lord the now king by the allowance and  approbation of the say late dean at the nomination of the say William and by  the licence of Richard now Archhisbo of York in the due manner be admit  pcurate of the church of Mansfield Woodhouse aforesaid and from that time  continual afterward hitherto be and as yet be curate there and the say S d of  the augmentation aforesaid by the say William to the curate of Mansfield  Woodhouse aforesaid in the form aforesaid grant to be pay and by force of the  say Act to the say Charles confirm and continue for one whole year end at the  Feast of the Nativity of saint John the baptist last pass in the levinz d year  of the reign of the say lord the now king be in arrear and as yet be  unpaid  whereby a action have accrue to the say Charles to demand and have of  the say William the S d aforesaid nevertheless the say William although  oftentimes request the say S d to the say Charles have not pay but the same to  he to pay hitherto have altogether refuse and still do refuse whereupon be say  he be injure and have receive damage to the value of and therefore be produce  his suit c and the say William by Sylvester petit his attorney come and defend  the force and injury when c and say that the say cham less ought not to have  or maintain his action aforesaid thereupon against he because be say that well  and true it be that the say dean do demise grant and to farmlet to the say  William the rectory parsonage tenement and premise aforesaid with the  appurtenance to have and to hold to the say William and his heir for and  during the life of the say William Elizabeth and Elizabeth under the annual  rend aforesaid in the declaration aforesaid mention and that the say William  do covenant with the say late dean by the say indenture in the manner and form  as the say Charles by his declaration aforesaid suppose and the say William  further say that he the say William upon the that day of November in the year  of our Lord at Mansfield Woodhouse aforesaid nominate the say Charles to the  say late dean to be curate of the say church of Mansfield Woodhouse aforesaid  and that he the say late dean thereupon afterward on the say day and year  allow and approve the say Charles to be curate of the say church of Mansfield  Woodhouse aforesaid whereby the say Charles afterward on the say day and year  be in the actual possession of the say benefice by virtue of such nomination  and approbation aforesaid but the say William say that by a certain Act enact  in the parliament of the lord the now king hold at Westminster in the county  of Middlesex the that day of may in the that year of his reign among other  thing it be enact by the authority of the say parliament that all and singular  the minister in any cathedral collegiate or parochial church or chapel or  other place of public worship within this realm of England shall be bind to  say and use the morning prayer evening prayer the celebration and  administration of both the sacrament and all other the public and common  prayer in such order and form as be mention in the book in the say statute  annex and join and entitle the book of common prayer and Administration of the  sacrament and other rite and ceremony levinz of the church accord to the use  of the church of England together with the psalter or psalm of David point as  theYs be to be Sul or say in the church and the form or manner of make ordain  and Corgecrating of bishop priest and deacon and further by the say statute it  be enact that every person who from that time afterward shall be present or  collate or put into any ecclesiastical benefice or promotion within this realm  of England in the church chapel or place of public crooked belong to his say  benefice or promotion within two month next after he shall be in the actual  possession of levinz er p the say ecclesiastical benefice or promotion upon  some lord day open public and solemnly shall read the morning and evening  prayer appoint to be read by and accord to the say book of common prayer at  the time by the say book appoint or to be appoint and after such read thereof  open and public before the congregation there assemble shall declare his  unfeigned assent and consent to the use of all thing in the say book contain  and prescribe accord to the form in the say statute before appoint to wit I do  hereby declare my unfeigned assent and consent to all and every thing contain  and prescribe in and by the book intilled the book of common prayer and  Administration of the sacrament and other rite and ceremony of the church  accord to the use of the church of England together with the psalter or psalm  of David point as they be to be sing or say in church and the form or manner  of make ordain and consecrate of bishop priest and deacon and that all and  every such person who without any lawful impediment to be allow and approve by  the ordinary of the place shall neglect or refuse to do the same within the  time aforesaid or in case of such impediment within one month next after such  impediment remove shall be I pso facto deprive of all his say ecclesiastical  benefice and promotion and that from thenceforth it shall and may be lawful to  and for all patron and donor of all and singular the say ecclesiastical  benefice and promotion or any of they accord to their respective right and  title to present or collate to the same as though the person or person so  offend or neglect be or be dead as by the say Act among other thing be more  full contain and the say William further say that the say Charles within two  month next ensue levinz after he be put and invest as aforesaid into the  actual possession of the church of Mansfield Woodhouse aforesaid upon some  lord day after the read of the morning and evening of cc prayer appoint to be  read by and accord to the say book mmon prayer at the time by the say book  appoint to be read by he in the church of Mansfield Woodhouse aforesaid do not  declare his unfeigned assent and consent to the use ofall the thing in the say  book contain and prescribe accord to the form before recite by the say statute  as aforesaid make and enact accord to the form and effect of the say statute  he the say Charles during the say space of two month next ensue after as  aforesaid he be in the actual possession of his benefice aforesaid have no  legal impediment by the ordinary of the place allow or approve of but his  unfeigned assent and consent to all and every thing in the say book contain  for the time aforesaid accord to the form and effect of the statute aforesaid  do neglect and refuse to declare whereby be the say Charles by virtue of the  statute aforesaid become deprive of his benefice aforesaid as if he the say  Charles have be actual dead and that he the say William at a time after the  say that da v of November in the year of our Lord aforesaid do not nominate  the say Charles to the say late dean to be curate of Mansfield Woodhouse  aforesaid and this he be ready to verify wherefore he pray judgement if the  say Charles ought to have his action aforesaid thereupon against he c c and  the say Charles say that be by any thing before allege ought not to be  preclude from have his action aforesaid because he say that well and true it  be that the say William on the say that day of November in the year of our  Lord in the say plea above mention nominate the say Charles to the say dean to  be curate of the church of Mansfield Woodhouse aforesaid and that be the say  late dean thereupon afterward on the say day and year allow and approve the  say Charles to be curate of the church aforesaid whereby the say Charles be  and continue to be in the actual possession of the say benefice until the that  day of June in the declaration aforesaid mention and the say Charles on the  say that day of June so be in possession with the assent and sufferance of the  say William and by the allowance and approbation of the say late dean and by  the licence of the say Richard now archbishop of York to the say curacy of the  say church in the due manner be admit and as yet be curate there and the say  Charles further say that he within two month next after the say that day of  June in the declaration aforesaid specify upon the lord day levinz to wit upon  the that day of June in the and year aforesaid in the say church of Mansfield  Woodhouse aforesaid open public and solemnly read the morning and evening  prayer appoint to be read by and accord to the say levinz er p book of common  prayer at the time by the say book appoint and after such read thereof then  and there open and public before the congregation there assemble do declare  his unfeigned assent and consent to the use of all thing in the say book  contain and prescribe accord to the form appoint in the say statute in the say  plea in bar mention to wit in the form follow I Charles carver do hereby  declare ray unfeigned assent and consent to all and every thing contain and  prescribe in and by the book entitle the book of common prayer and  Administration of the sacrament and other rite and ceremony of the church  accord to the use of the church of England together with the psalter or psalm  of David ointed as they be to be sing or say in church and the form or manner  of make ordain and consecrate of bishop priest and deacon accord to the form  and effect of the statute aforesaid and this he be ready to verify wherefore  be pray judgement and his debt aforesaid together with his damage by occasion  of the detention of the say debt to he to be adjudge c and the say William say  that the say plea of the say Charles above by reply plead be not sufficient in  law to maintain the say Charles to have his action aforesaid against the say  William and that be to e say plea in the manner and form aforesaid plead have  no necessity neither be he bind by the law of the land to answer and this he  be ready to verify wherefore for want of a sufficient replication of the say  Charles in this behalf the say William pray judgement and that the say Charles  may be bar from baving his action aforesaid c and the say Charles because that  be above by reply have allege sufficient matter in law to maintain his action  aforesaid against the say William which he be ready to verify which matter the  say William do not deny nor to the same in any wise answer but altogether do  refuse to admit the verification thereof as before pray judgement of his debt  aforesaid together with his damage by occasion of the detention of his say  debt to be adjudge to he c and because the say justice c