case austin against twine Trinity term Elizabeth roll two church who revenue  be not sufficient to maintain their respective charge may he unite and  consolidate by the ordinary with the assent of the patron if it he afterward  confirm by the king though their value he above per annum post roll Abr moor  cro James ld raym strange stram Ejectionefirmce upon a special verdict it be  find that one Henry dean be patron of two church videlicet the church of dean  and the church of ash within a mile together the one of the value of ten pound  and the other of the value of eight pound and more the ordinary by the assent  of the patron unite and consolidate the same church and the same day the  patron confirm that union and afterward the queen recite that union ratify and  confirm it by her letter patent and whether it be a good union be the question  it be agree by the counsel on both side that this union rest at the commonlaw  and it be out of the statute of Henry c a because the church be above the  value of eight pound mention in that statute Atkinson for the plaintiff move  that it be not a good union for it ought to be by a precedent licence from the  queen and a subsequent confirmation wilf not serve for she ought to be the  first agent in the make a union or at leastwise give the precedent assent  thereto as Edward pl Edward pl and Edward guard foster contra the ordinary be  the principal actor in the union and if he doth it with the consent of the  patron and a see car c and will mary c croak Elizabeth er p queen be that  subsequent or precedent it suffice vide Edward pl Henry pl Henry pl Henry pl  gawdy Clench and Fenner be of the same opinion that this union be good and the  confirmation be well enough for the time Popham I agree that such a union make  at the commonlaw be good and it be not material whether the queen assent he  precedent or subsequent but I conceive that it be not good at this day for by  the statute of Henry c there can be any union make of any church cast out  eding the value of eight pound for although the statute be in the affirmative  that the ordinary may make a union where the church be under the value of  eight pound yet therein be a negative imply that he shall not make such a  union where croak Elizabeth the church be above the value of eight pound for  by the commonlaw the ordinary of himself may have make a union of those church  which be poor and the one not have sufficient to maintain a minister by the  consent of the patron without any confirmation from the king but what shall he  say to be a poor church be the doubt and this statute of Henry c have put it  in certain videlicet where it be not above the value of eight pound and that  such a union shall be good without the king confirmation for at the commonlaw  the ordinary can not have make a union unless where the church be poor and the  statute herein also have all imply negative that there never shall be a union  where the one suffice to maintain a minister which the law account to he eight  pound for there be a proviso in the Act that if the people of any church will  increase the value to eight pound that the union shall he void which show the  intent of the statute to avoid accumulation and to restrain the authority in  unite of benefice which they have by the commonlaw gawdy and Fenner contra for  the Henry c be only in the affirmative and not with a negative and then it  never take away the commonlaw as appear Henry pl and Phil mary pl and at the  commonlaw the ordinary by consent of the patron without the king confirmation  may have make a union of church which be poor but not of church which have  sufficient to serve the cure each of they by itself without the king  confirmation but by the consent of the king patron and ordinary a union may he  of any church of whatsoever value it he and this authority be not take away by  the statute nor restrain but limit of what a union may he make without the  king where before c Popham we be to hear the civilian where a union may he  make at the canon law afterward doctor steward for the defendant and doctor  Crompton for the plaintiff be hear in court and it be agree by both that by  the canon law the ordinary with the patron assent may have make a union of two  church although either of they be worth one hundred pound per annum and  sufficient to maintain a minister of itself and this by the express text of  the canon law for a union may he make for diverse cause videlicet poverty of  the people or paucity of the parishioner or the like and such a union may have  be make without the pope confirmation and if a union have be unlawful make yet  steward say that be afterward confirm by the pope it be for ever good and  valid and such authority as the pope have the queen now have by the statute  and Crompton deny not but that such union may he make of what value soever the  church be but he say that in this case the union be make u on a suppose and  pretend poverty which appear to he false and so the ordinary deceive because  ex falsehood wherefore it be void but the court say that they be not to  dispute of the validity of the union for that come in question in the  spiritual court but forasmuch as a union in such case may he make at the  commonlaw it be not restrain by the statute wherefore by the assent of Popham  it be adjudge for the defendant that it be a good union croak Elizabeth er p