than the cure extendeth unto; for in cafe they would minifter their cunning unto fore people unrewarded, there fhould not fo many rot ar and perish to death for lack or help of furgery, as daily do; but the greater part of furgeons admitted, be much more to be blamed, than thofe perfons that they trouble; for altho' the most part of the perfons of the faid craft of furgeons have small cunning, yet they will take great fums of money, and do little therefore, and by reafon thereof they do oftentimes im→ pair and hurt their patients, rather than do them good : In confideration whereof, and for the eafe comfort and health of the king's poor fubjects, it is enacted, that it fhall be lawful to every person being the king's subject, having knowledge and experience of the nature of herbs roots and waters, or of the operation of the fame, by fpeculation or practice, to ufe and minifter in and to any outward fore, uncome, wound, apoftemations, outward fwelling or disease, any herb or herbs, ointments, baths, pultefs, and emplaifters, according to their cunning experience and knowledge, in any of the diseases fores and maladies aforefaid, and all other like the fame, or drinks for the ftone and ftrangury, or agues; without fuit, trouble, penalty, or lofs of their goods: the fore faid ftatute, or any other act, ordinance, or ftatute notwithstanding. [In Laughton v. Gardner, Cro. Jac. 121. 159. this act is confidered as repealed quoad the college of phyficians by 1 Mar, Seff. 2. c. 9. which confirms the 14 & 15 H. 8. c. 5, and thereby abrogates all fubfequent acts contrary to it; and though this was afterwards doubted in Butler v. the College of Physicians, Gre. Car. 256. it feems to receive fome confirmation from the 10 G. 1. 20, fince expired; which, tho' it recites former acts on the fubject, does not mention the 34 35 H. 8.] ΤΗ HE pie was a table to find out the fervice belonging to each day. Gibs. 263. Pious ufes. See Charitable ules. Plays in the church or churchyard. See Church. Plays in the universities. See Colleges. TH Plough-alms. HE plaugh alms was a kind of oblation, oeing moft commonly a penny for every plough, to be paid between eafter and whitfuntide, 2 Still. 177. 93 Plurality. салол. "BY Othob. Before inflitution, it shall be inquired, whether the Othob. When confirmation is to be made of the election of a bijbop, amongst other articles of inquiry and examination according to the direction of the canons, it shall be diligently inquired whether he who is elected bad before his election several benefices with cure of fouls; and if he be found to have had fuch, it hall be inquired whether he bath had a difpenfation; and when ther the difpenfation (if he shall exhibit any) is a true difpenfation, and extendeth to all the benefices which he poffeffed. Athon. 133. According to which conftitution we find, in the times of the archbishops Peccham and Winchelsea, that confirmation was denied to three bishops, by reason of pluralities without proper difpenfation. Gibf. 905. Peccham. Reftraints of plurality by ftatute. Peccham. He who shall have more benefices than one with 'cure of fouls, without difpenfation, shall hold only the last; and if he fhall ftrive to hold the reft, he shall forfeit all. And it is farther decreed, that he who shall take more benefices than one, having cure of fouls, or being other wife incompatible, without difpenfation apoflolical, either by institution or by title of commendam, or one by inftitution, and another by commendam, except they be held in fuch manner as is permitted by the conftitution of Gregory published in the council of Lions; fhall be deprived of them all, and be ipfo facto excommunicated, and fhall not be abfolved but by us or our fucceffors or the apoftolick fee. Lind. 137. Having cure of fouls] Whether it be a cathedral or parochial church, or a chapel having cure of the parishioners, either de jure or de facto; fo that there be a parish, wherein he can exercife parochial rites: alfo, whether it be a dignity, or office, or church; as there are many archiprefbyters, archdeacons, and deans, who have no church of their own, yet they have jurifdiction over many churches. Lind. 135. Or being other wife incompatible] Namely, dignities, parfonages, and other ecclefiaftical benefices, which require perfonal refidence either by ftatute, privilege, or custom. Lind. 137. In fuch manner as is permitted by the conflitution of Gregory] Namely, that he to whom the benefice is granted in commendam be of lawful age, and a prieft; and that it be one only, and of evident neceffity, or advantage to the church, and to continue no longer than for fix months. Lind. 137. And fhall not be abfolved but by us or our fucceffors, or the apoftolick fee] And by another conftitution of the fame archbishop, if any fhall otherwife abfolve them, they fhall be accurfed. Lind. 339. * But after all, thefe canons and conftitutions were not intended to hinder or take away pluralities; but to render difpenfations neceffary: for a clerk was allowed to hold as many dignities or benefices as he could get, with the pope's difpenfation; which was eafily obtained from his legate or nuncio refiding here, on paying the fums required. Johnf. 91. 2. By the 21 H. 8. c. 13. If any perfon having one benefice with cure of fouls, being of the yearly value of 81. or above, accept and take any other with cure of fouls, and be instituted and inducted in poffeffion of the fame; then and imme 9 diately diately after fuch possession had thereof, the first benefice shall be adjudged in law to be void. And it shall be lawful to every patron, having the advowson thereof, to present another, and the prefentee to have the benefit of the fame, in fuch like manner and form as tho' the incumbent had died or refigned; any licence, union, or other difpenfation to the contrary notwithflanding and every such licence, union, or difpenfation to be obtained contrary to this present act, of what name or quality foever they be, fhall be utterly void and of none effect. And if ang perfon or perfons, contrary to this present aƐl, shall procure and obtain at the court of Rome or elsewhere any licence, union, toleration, or difpenfation, to receive and take any more benefices with cure than is above limited; every fuch perfon or perfens, fo fuing for himself, or receiving and taking Juch benefice by force of fuch licence union toleration or difpenfation, that is to fay, the fame person or perfons only, and none other, shall for every fuch default incur the penalty of 201. and alfo lose the whole profits of every fuch benefice or benefices as he receiveth or taketh by force of any fuch licence, union, toleration, or difpenfation; half to the king, and half to him that will fue for the fame in any of the king's courts. f. 9, 10, 11. If any perfon] Altho' bishops are not within this act, otherwife than, as commendataries, that is, having two benefices with cure, either by retainer, or de novo; yet it is a general law, which ought to be taken notice of without pleading, by the fame reason that the ftatute of the 13 Eliz. c. 10. concerning leafes of the clergy, hath often been adjudged a general law, tho' bifhops are not included in it. Gibf. 9c6. Having one benefice] So as that he hath been inftituted, altho' he hath not been inducted into the fame; for if he taketh a fecond benefice after fuch inftitution, the first is .void, as much as it had been taken after induction alfo. Gibf. 906. Of the yearly value of 8 1. or above] According to the valuation in the king's books; for fo it was unanimously refolved by the court of common pleas in the 23 C. 2. and before that in the 8 C. 1. by the fame court, in the case of Drake and Hill: which therefore is at this day taken for law, notwithstanding the two more ancient opinions to the contrary, one in Dyer, 7 Eliz, and the other in the cafe of Bond and Trickett in the 43 Eliz. Gibf. 906. Watf. c. 2. Of 8 1. or above] If fuch first benefice is under the yearly value of 81. in the king's books, the fame is not within. this statute, but refts upon the law of the church, as it was before the ftatute. Gibf. 906.. Accept Accept and take any other] It is not material in this cafe, of what value the fecond church is, or whether rated in the king's books at all; for the voidance will take place equally when the fecond is under, as when it is above 8 1. a year. Gibf. 906. And be inftituted and inducted in poffeffion of the fame] Altho' the expreffion is copulative, and thould therefore imply, that the voidance which follows thereupon doth not take place till after induction; yet it hath been often adjudged, that if one is inftituted, and then obtains dif penfation, and after that is inducted, the difpenfation comes too late; not only because by institution the church is full of the incumbent, and one cannot have a difpenfation to take and receive (as the words of the act are) what he had before; but alfo becaufe by inftitution he hinders others from being prefented: and fo by obtaining inflitu-, tion to many churches, with fequeftration of the profits of them, the intent of this ftatute might be utterly frustrated. Gibf. 906. And it shall be lawful to every patron, having the advowfan thereof, to prefent another] If the firft benefice was of lefs value than 81. a year; yet by his acceptance of a fecond with cure, it is at this day in jure void by the received canon law: and there needs not any fentence declaratory in the fpiritual court, to make way for the patron's prefentation; for he may immediately thereupon (without either deprivation or refignation) prefent a new incumbent to the faid church, and require his admiffion; and if the bishop doth refufe the patron's clerk, a quare impedit lies for the patron. But fome opinions are, that the church is not void but by deprivation; and that the taking of a fecond benefice with cure in fuch cafe, until deprivation, is no ceffion: But this is to be understood, that it is no ceffion to the difadvantage of the patron; fo as to make a lapfe incur from the time of fuch ceffion, no notice having been given to the patron thereof. For until after fuch clerk fhall have been actually deprived of his firft benefice, and notice thereof given to the patron; he, tho' he may, yet need not to present: but then after such deprivation, the church is void in facto and in jure, so that be muft at his peril prefent. Watf. c. 2. And if an incumbent of a church with cure under 81. a year doth take a fecond benefice with cure, in which he is alfo inftituted and inducted (no difpenfation being obtained for the holding of them both), by which the firft is void against the patron, fo that he may prefent (as before is |