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He was apprehended by the Inquisitors in Flanders, and very roughly ufed ; tho' in the Service ef^the 2>att£frin> But he appealed from their Sentence to Rome 5 whither he went in the time of Alexander VII. and where he printed a Retractation of his Book of Preadamites.
PREAMBLE, in Law, the beginning of an Afl of Par- liament,^, ferving, as it were, for a Key, to open the In- tent of the Makers of the Acls, and the Mifchiefs de- signed to be prevented or remedied thereby- See Act.
PREBEND, Pnebenda, the Portion a Prebendary re- ceives out of the Etiate of a Cathedral, or Collegiate Church. See Prebendary/.
The Term Prebend is ufually confounded with Canoni- cate, Canonate, ox Canonical yet there is a real difference. A Unbend is properly a Right which an Ecclefiaftic has in a Cathedral or Collegiate Church where he officiates, to receive certain Ecclefiaftical Revenues, and to enjoy certain Dues, either in Money or in kind; (fa call'd a. Pnebendo, q- d. afforded, or allowed him ; not a 'Prabendo Atixikum; or Concilium Epifcopo') whereasa Canonica is a mere Title, or fpiritual Quality, which a Perfon enjoys independent of any Prafiation, or any temporal Revenue : So that the Trebend may fubfift without the Canonicate 3 but the Canonicate isinfeparable from the Prebend.
For it is not to the Prebend that the Right of Suffrage, and other fpiritual Rights are annexed, but to the Canoni- cate ; and when the 'prebend is join'd ro the Canonicate, it becomes Spiritual by virtue of the Canonicate to which it is attach'd. See Canonica.
Antiently the Pope created Canons with a Right of taking place in the Choir, a deliberative Voice in the Chapter, and an expectation of the firft Trebend that mould become ■vacant : But this was prohibited by the Council of 'Trent. Jet the Pope ftill confers the Canonicate without any Pre- bend^ when he would confer a Dignity in a Church, for the obtaining whereof, 'tis required the Candidate be a Canon.
This they call a Canonate ad effetlnm, and fometimes jtlS ventcfum, which is no more than an empty Title con- tend purely to qualify a Man for a Dignity affected to the Capacity of Canon.
In fome Churches there are double Prebends 5 and in others Semi -Prebends.
Originally the 'Prebend was only a Livery, or Portion of things nectflary to Life, given daily j at prefent the Rents and Profits of the Church are divided into fixed Portions, call'd 'Prebends, which are enjoy'd independently. The nomination to Prebends is in the King. In France 'tis one of the honorary Righrs of the King, on his joyful Acceflion to the Crown, to nominate to the firll 'Prebends vacant by death in the Cathedral and Collegiate Churches.
^Prebends are either Simple, or with ^Dignity ; The lat- ter are fuch, as, befide their 'PrebendSj have fome Juris- diction annexed to 'em.
geological, or divinity Prebend, is a Prebend affected to a Doctor in Divinity, in each Cathedral and Collegiate Church throughout France, for preaching on Sundays, and making a public Lecture thrice a Week.
(preceptorial Prebend, ^.Prebend, the Revenues whereof are deltined for the Support of a Preceptor or Mafter, who is obliged to inftruct the Youth of the Place gratis. The Canonate is not here neceflary to the 'Prebend.
PanormtlS obferves, that in the Cathedral-Church of Chartres, there are Prebends referv'd to Laymen, and for the Subfiflence of fome Perfons of Birth and Diitinction.
PREBENDARY, an Ecclefiaitic.who enjoys a Prebend. See Prebend.
^Prebendaries, and Canons of Cathedral and Collegiate Churches, have this in common, that they have each a Por- tion of the Revenues of the Church for their Subiiftence 5 the one under the Title of Pr<sbenda, Prebend ; the other under the Title of Canonica, or Canonicate ; and have each Places, and Voices in the Chapter : But they differ in this, that the former receives his Portion or Prebend in Consi- deration of his officiating and ferving in the Church ; but the latter without any fuch Consideration, merely by his being received into the Cathedral or College, per ajjigna- tumftallumin Choro, ei? locum in Capitulo. See Canon,
Golden Prebendary of Hereford, call'd alfo Prebe?ida- ritis Epifcopi, is one of the twenty-eight minor Prebenda- ries, who has, ex officio, the firft Canon's Place that falls.
He was antiently ConfeiTor of the Bifliop and Cathedral, and had the Altarages 5 on which account he was call'd the Golden Prebendary.
PRECARI-&, or Preces t in our antient Law-Books, Day's-works, which the Tenants of certain Manors are bound to give their Lords, in Harvcft-time ; and which, in fome places, are corruptly call'd Sind-days, iot Si den- days, from the Saxon, Sidan, to pray.
Sald-ixwns una bovata pro iis. £<? dimid.&\\ Gallinas & xx ova & iiii Precarias in Alltiimno j uno cum foQffline t bis arare^c. Monaft. Angl.
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fc?««„ a grea , „ , R( , . ,
,, %tZ p a 6 M T r of Ham ?v ,n MtddlefeS had,
« r, I B aCu . ftom > *" by Summons of his Bailiff on
Tenants mould do one hundred ninet y -„,„ e days Work for
Tr.dt ■ A I' '" Commerce > is Properly a kind of
lrade earned on between two Nations at War, by the In- tervention of a third at Peace with 'em both. '
Thus the ■.Englljh hold a precarious Commerce with the Spaniards by means of the Fortuguefe ; when the two former Nations ; being at War, the third lends its Veffels, its Colours, and Name, to continue their Trade.
Precarious, in Jurifprudence, a Term ufed for a Fund or Stock whereof a Perfon has not the full Propriety, whereof he cannot difpofe abfolutely, and which is mo'ft ot it borrow d.
PRECE fartimx, in Law, the Continuance of a Suit by content of both Parties.
PRECEDENCE, Precedency, Rank, a Place of Ho- nour, which a Perfon is entitled to in Companies ; either for luting or walking.
Precedenceis either ofCottrtefy, or of Riaht, dejure.
The former is that due to Age, to Eftate, &c. which is regulated by Cuflom and Civility ; the latter is fettled by Authority, and where broke in'upon, gives an Action at Law. See Nobilty.
The Point of Precedency is thus ordered by the Heralds.
Alter the King, the Princes of the Blood, vie. the Sons Grandfons, Brothers, and Nephews of the King take place ; then the Great Officers of the Church and Crown, viz the ABp of Canterbury, then the Lord Chancellor, or Lord Keeper of the Great Seal; next the ABp of Tork; the Lord High Treafurer ; the Lord Prefident of the Privy Council 5 the Lotd Privy-Seal . Next, Dukes, then Mar- queues, Dukes eldeft Sons, Earls, Marquefles eldefl Sons Dukes younger Sons, Vifcounts, Earls eldefl Sons, Mar- queffes younger Sons, Eifhops, Barons, Vifcounts eldeft bons, Earls younger Sons, Barons eldefr Sons, Privy-Coun- fellors Judges, Matters in Chancery, Vifcounts younoer Sons, Barons younger Sons, Knights Bannerets, Baronets Knights of the Bath, Knights Batchclors, Colonels, Ser- jeants at Law, Docfors, Efquires, Lieutenant-Colonels, Majors, Captains, Batchelors of Divinity, Law, Sfr. Matters of Arts, Gentlemen, Yeomen, Tradefmen, Mechanicks.
Note, That great Officers of Court, of what degree fo- ever they are, take place above all others of the fame D»- gree or Order of Nobility ; viz. the Mafter of the Horfe, Lord Great Chamberlain of England, Lord High Conftable of England, Lord Martha! of England, Lord Admiral of England, Lord Stewatd.and Lord Chamberlain of his Ma- jeity's Houfhold.
So the Secretaries of State, if Peers, take place of all of that Degree, except the Great Officers aforefaid.
Dukes, Marquefles, Earls, Barons, e?c. not having any of the faid Offices, take place according to the Seniority of their Creation.
The Ladies take place, or Precedency, according to the Degree of Quality of their Husbands.
PRECEDENT, in Law, an original, authentic Inftru- menr, or Writing ; ferving as a Form to draw others by. See Original, &c.
Hence Precedent Seeks, t£c. full of Draughts of Deeds Conveyance;, He. for Attorneys.
PRECENTOR, or Precentor, a Dignitary in Cathe- dral Churches, popularly call'd the Chanter, or Mafter of the Choir. See Chanter.
The Precentor is fo call'd, from the Latin pr£, and cano ; becaufe he is fuppofed to lead the Choir, and lim before the reft.
PRECEPT, in Law, a Command in Writing, Tent by a Chief Juftice, Juftice of Peace, or other like Officer, for the bringing of a Perfon, Records, or other Matters, be- fore him.
Precept is alfo ufed for the Command, or Incitement whereby one Man ftirs up another to commit Felony, Theft) iSc. SraSon, lib. 3. 1rat~l. >. cap. in. whence we may ob- ferve three Diverfities of offending in Murther; Preop- tion, Fortia, Concilium.
Preception, is the Inttigation ufed before-hand ; Fortia, the Afliuance in the Fadi ; Concilium, the Advice either before or after. See Murther.
PRECESSION, Prjecessio, in Autonomy, a Term apply'd to the Equinoxes, which, by a very How infenfible Motion, change theit place 5 going backwards, or weftward, i. e. in antccedentia as the Aftronomers call it, or contrary to the Order of the Signs. See Equinox.
It is fliewn, in the new Aftronomy, that the Pole, the Solftices, the Equinoxes, and all the other Points of the Ecliptic, have a retrograde Motion ; and are continually moving from Eaft to Weft, or from Aries towards Pifces, i3c. by means whereof, the Equinoctial Points are carry'd
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