coke Report117a Acton case hill Elizabeth in the common plea see Cowley v  Cowley p a c if a woman baroness widow retain two chaplain accord to the stat  h c S and afterward take one of the nobility to husband by the marriage the  retainer be not countermand but the retainer of these two chaplain remain and  they without a new retainer may take two benefice if any officer allow by the  statute h to have one two or more chaplain retain a chaplain and afterward be  remove from his office in that case the retainer by the commonlaw remain but  the retainer upon the statute be determine so if a earl or baron retain a  chaplain and before his advancement be attaint of treason the retainer accord  to the statute be determine if a baroness widow retain two chaplain accord to  the statute and afterward marry one of the nobility and afterward the husband  die the retainer remain note if a baron have three chaplain and each of they  have two benefice and afterward the baron die yet they shall enjoy the  benefice with cure which be lawful settle in they before S b more Vid the  entry   Ent nu the queen bring a quare hinder against the bishop of  Peterborough Acton patron and Cartmel incumbent for the church of Claycotten  be above the yearly value of the queen declare and make title to present by  lapse ration acceptationis two a favor the patron and incumbent sever in plead  but both their plead be to this effect whether baroness of Mounteagle in her  widowhood retain the say Cartmel to be her chaplain accord to the stat h and  he have the say benefice of Claycotton obtain a dispensation with confirmation  of the queen accord to the statute and plead all at large and that afterward  be accept the vicarage of g c and traverse without hoc quod pillage church de  c pretense acceptationis substitute de g army to cause to stand vacavi c the  queen reply and confess the retainer of he by the say baroness of Mounteagle  and that he obtain the letter of dispensation prout c but further say that  before the say Cartmel be present to the say vicarage of g the say baroness of  Mounteagle take to husband Henry Lord Compton one of the baron of the realm  and so be covert baron and have lose her dignity of baroness of Mounteagle and  afterward Cartmel the defendant accept the say vicarage and be thereinto admit  institute and induct and thereupon the defendant demurrer in law and it be  object by the queen counsel that the body of the Act of h contain a general  prohibition that if any one have a benefice of the value of that be shall not  take any other benefice with cure there if this case be not within the proviso  then the first benefice become void by the acceptance of the second and the  first proviso which be material to this purpose be that every duchess c and  baroness be widow may have two chaplain whereof every one of they may purchase  licence or dispensation to receive have and keep two benefice c and the second  proviso material to this purpose be provide always that every coke Report117b  duchess c and baroness widow which have take or hereafter shall take any  husband under the degree of a baron may take such number of chaplain as be  above limit to they be widow and that every such chaplain may purchase licence  c ut above and it be strong urge that coke report a er p this case be casus to  let go and out of these proviso for diverse reason the first ought to be  expound that the baroness ought to be a widow as well at the time of the  acceptance as at the time of the retainer for if it shall be sufficient that  she shall be a widow at the time of the retainer then the say second proviso  will be in vain for then it will not be material who she afterward marry so  noble or ignoble but forasmuch as the maker of the Act intend that if she  marry after that then she shall be out of the first proviso they therefore add  the second and without question she be out of the second for that provide only  when such noble woman marry with one under the degree of a baron and their  reason that they extend the last proviso when they marry under the degree of a  baron be because if they marry a baron or other superior degree then the wife  need not have chaplain because her husband may have chaplain by this Act which  will be sufficient for both be one person in law and all of one family and  that the retainer and the acceptance ought to concur it be say if a noble man  or noble woman retain a chaplain and die the chaplain can take two benefice  within this Act yet the retainer be lawful but the person who make the  retainer ought to continue when the chaplain accept his second benefice also  it be say that it be adjudge in the case of Ralph earl of Westmoreland that  where the say earl retain a chaplain and afterward be attaint of high treason  and afterward and during his life the chaplain have a benefice of the value of  accept a second benefice with cure and it be adjudge that the first benefice  be void for although the earl be alive yet the quality of his person be alter  for by the judgement he become ignoble vide Stamford as if the treasurer or  comptroller of the king house c retain a chaplain and afterward be remove out  of his office now the chaplain can accept a second benefice for now his  quality be alter and the cause in respect whereof he be to have a chaplain be  remove and so when the baroness widow take husband her quality be alter for  now she be not Himself law but only sub potestate man and therefore if the  latter proviso have not be if such baroness after the retainer have marry with  a gentleman under the degree of a baron her chaplain can not accept a second  benefice for the quality of the baroness by her marriage be alter and she  ought to remain at the time of the acceptance of the second benefice in the  same quality as she be at the time of retainer it be object that this case be  out of the coke Report118a proviso because if a baron marry a widow baroness  in that case the baroness can retain any chaplain within the say Act for the  word of the Act be every baroness be widow which exclude a feme covert  baroness then if she be exclude to retain bethe same reason her retainer to  have power by force of the Act to take a second benefice be lose by the  marriage forasmuch as she now have marry with a nobleman his chaplain may  perform divine service to they both and the wife of a nobleman need not have  chaplain by the judgement of the whole parliament for the Act have not make  provision for any such wife but only for a baron widow or the wife of one  under the degree of a baron who can not have any chaplain within this Act but  in our case at the time of the acceptance she who retain be the wife of a  baron who may have chaplain by force of this Act it be say that this Act be  always construe strict against nonresidence and plurality as a thing very  prejudicial to the service of God and the instruction of his people and  therefore if a bishop be translate to a archbishopric or a baron be create a  earl now he have both these dignity and as it be common say when two a jura to  run together in One person a level ground be ac si make real in to visit but  yet within this Act he can have but as many as a archbishop or a earl may have  for although he have sundry dignity yet he be but one and the same person to  who the attendance and service shall be do so if a baron be make knight of the  garter or warden of the b cinque port he shall have but three chaplain in all  et such de like quod to be concession because difficile be ut One a human  being turn two to hold up but on the other part it be argue and resolve by the  court that in the case ab bar Cartmel after the marriage may accept the say  vicarage within the letter and meaning of the say Act for without question the  retainer of a   b calvin case Cawley b ante b coke report b er p Cartmel be  not determine or countermand by the say marriage and as to that it be say that  there be two manner of retainer one at the commonlaw and accord to that a man  may have as many chaplain as be will another accord to the say Act and by that  he be restrain to a number and the first which he retain be his chaplain  accord to the say Act and shall be first a prefer as it be adjudge Paschae  Elizabeth in con banc in b Skellings case and mich and Elizabeth in the king  bench in c drury case and therefore if any officer allow by the statute to  have one two or more chaplain retain a chaplain and afterward be remove from  his office in that case the retainer by the commonlaw remain but the retainer  upon the statute be determine for after the removal be can be nonresident nor  coke Report118b accept another benefice so if a earl or baron retain a  chaplain and before his advancement be attaint of high treason as in the case  of the earl of d Westmoreland there the retainer accord to the statute be  determine and after the attainder such chaplain can accept a second benefice  because be who be attaint by his attainder be a dead person in law and now as  e Stamf Pla Coron say from a nobleman by the judgement by which his blood be  corrupt he be become ignoble and therefore his dignity be determine and  although the wife of a baron during the coverture can retain a chaplain yet  when a baroness widowretains one or two accord to the say proviso this  retainer accord to the Act be the principal matter and as long as the retainer  be in force and the baroness continue a baroness the chaplain may well accept  two benefice by the express letter of the Act for it be sufficient if at the  time of the retainer the baroness be a widow for thereby the express word be a  widow be satisfy but the statute do not provide that she shall be a widow at  the time of the acceptance but the word imply the contrary see that she need  not continue widow for the word be every baroness be a widow may have two  chaplain whereof every of they may purchase c so by these word it be  sufficient if she be a widow at the time of the retainer and the power to  purchase licence be annex to the retainer and there be no mischief in this  case for the number appoint by the statute shall not be exceed and the Act  appoint the baroness widow to have two and her husband to have three so that  the intention of the Act be not defraud and although as it have be say the  husband and wife be but one person in law yet as the text say are mind two in  meat One and therefore there be no reason that the retainer of chaplain which  serve for the instruction of soul shall be determine by the marriage also the  last proviso when a baroness marry one under the degree of a baron be add  because by such marriage her dignity be determine for the rule be when f  mulier mobilis to veil oneself unknown to leave off be noble but this rule be  to be understand of a woman who attain nobility by marriage as by the marriage  of a duke earl or baron c for in such case if she afterward marry under the  degree of nobility by such marriage with one who be ignoble she lose her  dignity which she have attain by marriage with one of the nobility for eoden  modus quo quid to put to take apart but if a woman be noble as duchess  countess baroness c by descent although she marry with one under the degree of  nobility yet her birthright remain for that be annex to her blood and be  character imperishable but in the case at bar the baroness by her marriage  with one of nobility do not lose her dignity of baron but rather augment it  and therefore it be not like any coke Report119a case which have be put and  the second proviso explain it for the maker of the Act well know that  afterward b such marriage as this be in the case at bar she be a baroness as  she be before and not in case as where she marry with one a cro Elizabeth ante  a and b ante a b and more cro Elizabeth jenk cent c ante a d ante b e Stamf  cor b f Inst   b Owen Nosme de dignity Cawly g Cawly Bulst roll Rep   b coke  report b er p under the degree of nobility to this be add that the second  proviso do not provide remedy when a baroness widow retain two chaplain and  afterward marry with one under her degree but that be leave to the general  construction of law and provide only that such baroness after such marriage  may retain two chaplain c also when a baroness widow retain two chaplain and  afterward marry with a baron b common intendment she bring live and  maintenance with her to support her state and prefer her chaplain and the  retain of her chaplain can be a prejudice to her husband but rather a honour  to he if a woman baroness widow retain two chaplain accord to the statute and  afterward take one of the nobility to husband and afterward the husband die  the retainer of these two chaplain remain and they without a new retainer may  take two benefice for their retainer be not determine by such marriage also  for the same cause so long as they attend upon such baroness in her house they  shall not be in danger of nonresidence and it be to be know that if a baron  have three chaplain and each of they have two benefice and afterward the baron  die yet they shall enjoy the benefice with cure which be lawful settle in they  before but although he dwell and be resident upon one benefice jet he shall be  punish for nonresidence upon the other a as it be adjudge in parson Boytons  case and therefore he ought to obtain of the king a non to stand before so if  the baron be attaint of treason or felony or if any officer be remove from his  office et such de like pasch Elizabeth in a quare hinder bring by the queen  against the bishop of Salisbury and other it be rule per totan curian that the  earl of Southampton be of the age of ten year and dwell in the house with the  Lord admiral to who the queen have grant his wardship may retain and qualify  chaplain within this Act for the word of the Act be general and yet his  guardian be a nobleman and have chaplain by the say Act allow he and the earl  of Southampton be under his custody and one of his family as the wife be in  the case at bar