All the STATUTES, CASES at LARGE,
ARGUMENTS, RESOLUTIONS and
JUDGMENTS concerning it,
UNDER THE FOLLOWING HEADS:
CHAP. I. Definition, and Oath of
Simony, and by what Authority
this Oath is adminiftered.
CHAP. II. Of Simony, by the Canon
and Common Law; the Stat. of
31ft ELIZ. c. 6. concerning it;
and the erroneous Opinions of
Lord HOLT, and feveral other
Judges, in faying that the Word
Simony is not in that Act.
CHAP. III. Commentaries and De-
terminations upon that Act, from
Lord COKE, and other Reporters
CHAP. IV. Cafes adjudged at Law
and in Equity, respecting general
and Special Bonds of Refignation.
CHAP. V. Adjudications relative to
the Legality of purchafing the next
Prefentation to a Benefice.
CHAP. VI. Of the Disabilities, For-
feitures, and Punishments incur-
red for Simony, by the Incum-
bent, Patron, and Ordinary.
CHAP. VII. In what Cafes, and at
what Times, Advantage may be
taken of fuch Forfeitures and
Difabilities.
CHAP. VIII. Of the King's Right;
when he may prefent; and the
Effect of his pardoning Simony.
CHAP. IX. Of the Pleadings in
Actions of Quare impedit, &c.
upon the Act 31 ELIZ. c. 6.
CHAP. X. What Power the Eccle
fiaftical Court has in Simony.
CHAP. XI. Of the Power of the
Ordinary to accept or refufe the
Refignation of a Benefice.
CHAP. XII. The Cafes at large in
the great Caufe determined in
the House of Peers, in May 1783,
between the Right Reverend Ro-
BERT Lord Bishop of LONDON
and LEWIS DISNEY FFYTCHE,
Efq. on a Writ of Error from the
Court of King's Bench, with the
Arguments of the Judges, name-
ly, Mr. Juftice HEATH, BUL-
LER, NARES, WILLES, and
GOULD, and of the Lord Chief
Baron SKYNNER, Mr. Baron
PERRYN, and Mr. Baron EYRE,
in Support of their respective An-
fwers to the 12 Questions proposed
to them by the Lords,
on the
Motions of Lord THURLOW and
the Earl of MANSFIELD; and
alfo, the Speeches of the Bishops
of SALISBURY, BANGOR, LLAN-
DAFF, and GLOUCESTER, of Lord
THURLOW, the Earl of MANS-
FIELD, and the Duke of RICH-
MOND; with the Judgment of the
Houfe of Peers, as it is entered
in their Journal.
The Whole COLLECTED, DIGESTED, and PUBLISHED
By T. CUNNINGHAM, Efq.
BARRISTER at LAW, and FELLOW of the SOCIETY
of ANTIQUARIES, LONDON.
Mifera eft Servitus ubi jus eft vAGUM aut INCERTUM.
Lord COKE, in 4 Inft. 246.
Printed by His MAJESTY'S LAW-PRINTERS,
And Sold by G. ROBINSON, PATER-NOSTER-ROW.
M,DCC,LXXXIV.
O explain and render the Law concerning Simony better known and more generally understood, than it is at prefent, is the Defign of compiling the following Sheets; which are intended to contain not only all the Cafes cited by the learned Judges, the Right Reverend and learned Prelates, and the noble and learned. Lords, who spoke in the very important Cause. of the Bishop of LONDON and LEWIS DISNEY FFYTCHE, Efq. but also many other Cafes, found in the Reporters and other Authors. The Cafes of the Plaintiff and Defendant in Error, in that great Cause, are inferted at large, accurately and Word for Word as they were printed and delivered to the HOUSE of PEERS: and the Editor has endeavoured to collect and arrange all the Materials of this Treatife 'impartially, and to the best of his Judgment and Abilities. How far he has fucceeded in this Attempt must be submitted to every intelligent Reader, who, no doubt, will fufpend his Judgment till after Perufal.
|