Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	case_n	king_n	law_n	1,684	5	4.7712	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91199	Jus patronatus, or A briefe legal and rational plea for advowsons, or patrons ancient, lawfull, just and equitable rights, and titles to present incumbents to parish churches or vicaridges, upon vacancies. Wherein the true original of advowsons and patronages, together with their justice, legality, equity, are demonstrated; and a full jury of legal writs and remedies (provided by our municipal lawes for defence and recovery of patrons rights, against all usurpations or encroachments on them) produced; as a seasonable antidote, against the late anomolus vote passed to their prejudice, without any hearing of patrons by their councel, or lawful tryal by their peers. Whose duty is here declared; and our fundamental laws defended. Compiled for the present and future benefit of our churches, ministers, and all true patrons of them. By William Prynne of Swainswick Esq;	Prynne, William, 1600-1669.	1654 (1654)	Wing P3988; Thomason E735_1; ESTC R203240	44,857	56

F●unders of Bishopricks Deaneries Prebends Abbies Priories Chauntries Hospitals Colleges Free-Schools Almes-houses Fellowships Schollerships And the like Charitable Edifices for publick use who by virtue and right of their Foundership have the Patronages Advowsons and Visitations of them vested in them and their Heirs in Perpetuity with power to transfer them unto such other persons as they think meet to in●rust and to nominate present or collate Bishops Deans Prebends Abbots Priors Priests Masters Wardens School-masters Schollers Fellows Almesm●n and poor People to them upon every voydance according to this Maxim in Law Cujus est dare ejus est disponere And that by as good justice and equity as he that builded an House upon his own Land at his own cost may justly dispose of it when it is vacant to whom he thinks meet without the license of any others who have no interest nor inheritance therein And this right is not only ratified by the examples of King David and Solomen in the old Testament who being the Founders of the magnificent Temples of the Lord at Ierusalem appointed ordered the Priests Levites Porters with all other Officers attending therein and prescribed Laws and Courses to them 1 Chron. 9. c. 16. 37. c. c. 22 2● 25 26 28 13. 21. 2 Chron. 8. 14 15. as did Ios●●●their●en and Successor after them 2 Chron. 35. 4. But likewise by that saying of Christ himself Mat. 20. 15. Is it not lawfull to do what I will with my own Is thine eye evill because I am good and that Expostulation of Saint Paul grounded upon reason equity and common practise 1 Cor. 9. 7 8. Who planteth a Vineyard and eateth not of the fruit thereof Or who feedeth a Flock and eateth not of the Milk thereof Say I these things as a man Or saith not the Law the same also Yea God himself upon this very ground that he is the Founder of the Earth and all the Kingdoms and Powers therein claimeth this privilege To give them to whomsoever he will Dan. 4. 17. 25. Iob 1. 21. Psal. 75. 6 7. Deu●. 10. 1● Psal. 24. 1. Deut. 32. 8. Prov. 8. 15 16. And therefore Founders of Churches by the like reason in their degree may do the like without any wrong or prejudice to the Parishioners or others See Levit. 27. 14 to 26. Deut. 20. 5 6. c. 26. 13. 14. Esth. 1. 22. These Advowsons of Churches Founded and Endowed by Lords of Manors for the most part were thereupon by the Law of England annexed as z Appendant to the Manors and Land● of the Fou●ders wherein the Churches stood and descended with them to their Heirs or Successors and in case they sold these Manors or Lands to which they were Appendant the Advowsons passed together with them by a General Grant of the Manors or Lands with the Appurtenances or without them unlesse specially reserved or severed from them by special grant before except only in the Kings case wherein the Aavowson could not passe together with the Manor by the general word appurtenances unlesse specially named And they were such a Lay Inheritance and Fee whether Appendant or in Grosse as were descendable to Heirs Grantable and Vendable to strangers yea a Assets or things of Price and Value in Iudgement of Law not meer inconsiderate or worthlesse Privileges as the Marginal law-Law-Books resolve And by the Canon Law Ius Patronatus or Advowsons were such a Right or Inheritance which did transire ad Heredes etiam ad Extraneos vel Donatione vel venditione either as Appendant or in Grosse unlesse in cases of Symonical Contracts as Panormitan Summa Angelica and Rosella Innocentius Hostiensis Lindwood b and other Canonists in this Title of Ius Patronatus resolve Yea an Advowson in grosse severed from a Manor is such an Inheritance as lies in Tenure and may be held of the King in Capite and of any other Lord by Homage Fealty or Knights service as is agreed resolved 21. E. 3. 5. 33 H 6. 34. 14 H. 7 26. 24 E. 3. 60. 5 H. 7. 36. Brook Tenures 4. 15 18. 20. 34. Quare Impedit 99. with other law-Law-Books yea such an Inheritan●e whereof the Wi●e of the Patron shall be endowed by Law as Fitzherbert in his Abridgment and Natura Brevium Title Dower with c other Books resolve and both a Cessavit and Scire facias lye of an Advowson 43 E. 3. 15. 5 H. 7. 37. Reg● stes f. 69. Cook 2. Instit. p. 357. In d elder times the Founders and Patrons of Churches had such a full and absolute Interest in them and in all the Temporalties Houses Gl●bes Tithes Profits belonging to them proceeding from their original Donation and Endowment that upon every Vacancy they conferred them on their new Chaplains and Incumbents without any Admission Institution or Induction from the Bishop or Arch-deacon introduced by succeeding Canons and Popes Decretals encroaching on the Patrons Right and power as really fully and immediately in point of interest by some Ceremony not differing from our Livery and Seisin as delivering them the Ring or Key of the Church door with these words e Accipe Ecclesiam receive the Church or the like as they then and since conferred the Free-hold and interest of any other Houses and Lands to their Tenants by their own Livery and Se●sin whence by the phrase of that time this kind of giving the Church to the Incumbent by the Patron was stiled Commendatio Ecclesiae that is the Lay Patrons Committing or Livery of the Church and its endowments to the Incumbent to take care and dispose of as a usufructuary of what the Patron was Proprietary or as a Tenant only for life of that whereof the Patron was in Reversion which Mr. Selden proves at large The Footsteps of this their Primitive Right and Iurisdiction we find yet remaining in some Free Chappels and Donatives founded by our Kings or exempted from Episcopal visitation and jurisdiction by our Kings special Charters which the Patrons at every Vacancy may fully and freely give grant confer to their Chaplains without any presentation at all to the Bishop or other Ordinary or any Institution or Induction and may visit by themselves or their Commissaries when there is occasion as you may read at large in Cooks 1 Institutes and the Law-books there quoted f. 344. a. Brook Presentation al Esglise 43. 6 H. 7. 14. 49 E. 3. Quare Imp. 60. Mr. Seldens History of Tithes ch. 6. p. 91. But in after ages by the 8 General Council of Constantinople An. Dom. 871. Actio 10. Can. 22. The Council of Rome under Gregory the seventh Anno. 1078. The Council of Lateran Anno. 1119. under Calixtus the second chiefly summoned against Investitures The Council of Lateran under Inn●cent the second A● 1129. and other Popes Decrees registred by Gratian Distinct 63. 70. and Causa 16. qu. 7. the Right not only of our own and other Kings Investitures of

Bishops in their Bishopricks whereof they were Founders only per Annulum Baculum but of all Lay Patrons Investitures of their Clerks to any Benefices or other Ecclesiastical Promotions were by Degrees totally abolished and they enforced to present all their Clerks to the Bishops not only for their approbation but also Institution and Induction without which there could be no Plavarly and the Incumbents were uncapable to sue for any Tithes or receive any profits of their livings when as at first they received full possession of their Rectories Glebes Tithes Churches from the Patrons hands alone without the Bishops concurrence who left only the right of Presentation and Advowson in the Patrons hands out of which they could not extort it by their Canons as some of them oft endeavoured But the Popes and Prelates Iurisdiction and Canons depriving Patrons of their antient Right of Investitures being now exploded and abolished it is both reasonable just and equitable that this their Right should now be fully restored revived and they freely permitted to give full possession to their Clerks of the Churches Rectories Glebes Tithes and Profits whereof they have the Patronages by giving them Livery and Se●sin of them by the Ring of the Church-door or delivering them the Keys of the Church or Rectory without any further Ceremony or other institution or induction by any other strangers hands The Right of all Patrons and Presentations to Churches at this day is either by Inheritance and Descent from the Originall Founders and Endowers of them or by original grant and purchase from them upon valuable Considerations Both which Tithes as they f are legal just reasonable equitable by the Common Statute and Canon Laws of our Nation So are they likewise by the Law of God which both approves ratifies Rights and Titles by purchase from lawful owners Gen. 17. 13. 23 27. ch. 23. 8. to 19. chap. 33. 19. chap. 47. 10. 22 23. chap. 49 30. chap. 50. 13. Exod. 12. 44. Levit. 25. 28. to 52. Josh 24. 32. Ruth 4. 4. to 13. 2 Sam 12. 3. chap. 24. 20. to 26. 1 Kings 16. 24. Jer 32. 7. to 13. 43 44. Matth. 13. 44 46. chap. 27. 7. Luke 14. 18. 1 Cor. 7. 30. James 4. 13. Prov. 31. 16. Rev. 3. 18. chap 13. 17. it being the very Title of Christ to his Church and Saints which he hath bought and purchased with his own blood Acts 20 28. 1. Pet. 1. 18 19 1 Cor. 6. 20. chap. 7. 23. 2. Pet. 2. 1. and likewise Rights and Titles by Inheritance Heirship or Descent Deut. 21. 15 16 17. Num. 27. 1. to 12. chap. 36. 1. to 13. Josh. 17. 3 to 7. 2 Sam. 7. 12. to 18. 1 Kings 21. 2 3 4. 2 Chron. 33. 3. 1 Chron. 28. 8. Ezra 9. 12. Prov. 13. 22. Jer. 32. 8. Ezech. 33. 24. chap. 46. 16 17 18. Matth. 2. 2. chap. 21. 38. Mark 12. 7. Luke 12. 13. This Right of Patrons being then thus warranted established by all Laws of God and men cannot be justly lost forfeited or taken from them especially without Sommons Suit hearing or Legall triall without the highest Injustice having continued sacred and inviolable hitherto in all ages a●d publick revolutions unlesse it be through the Patrons own forfeitures or defaults and that either totally or finally or pro hac vice for one avoidance onely in such cases as our Law allows of as namely 1. In case of g Legal Attainders for Treason or Felony for which the Inheritance of Advowsons Appendant or in Grosse are forfeited to the Crown or Lord by Escheat as well as other Inheritances 2. In case of h usurpation upon a Purchaser of an Advowson and six Moneths plenarly without any action or Quare Impedit brought by him against the Usurper in which case the Inheritance of Advowson is utterly lost by the Conrmon Law And the Purchaser or his Heir and Successor left remedilesse through their own neglect and defect of a legal Writ since a Purchaser who never presented cannot have a Writ of Right nor Darrein Presentment nor yet a Quare Impedit after six moneths elapsed and a plenarly by usurpation 3. In case of Recusancy i Popish Patrons during their Recusan●y onely being disabled to present or grant any avoidance of any Churches or Ecclesiasticall Livings after conviction and their right of Presentation granted to the Vniversities of Oxford and Cambridge by the Statute of 3. Jac. chap. 5. 4. In case of k Symony which forfeits and voids the Presentation Institution and Induction for that term onely and transferres them to the Crown by the Statute of 31. Eliz. chap. 6. and likewise forfeits the double of one years profits of every Benefice presented by Symony to the King which the corrupt Patron is to pay 5. In the case of Outlawry which forfeits Patrons actuall avoydances before or during the Outlawry to the Crown as some l law-Law-books resolve 6. In cases of negligence when and where the Patrons neglect to present a sufficient Clerk to the Church within six moneths space after the avoidances by the Incumbents death without notice or within six moneths after notice given by the Ordinary in cases of resignation or deprivation After which time the Ordinary by Law may present by Lays to supply the Church through the Patrons defect ●●d so deprive him of that Presentation onely but not of the next avoidance and that by the Common as well as m Canon Law 7. Our Kings and Princes of late times when they made any Incumbent a Bishop used by colour of their Prerogative to present to the Incumbents Living void by this Translation and so deprive the Patron of his right for this time onely which upon consideration of all n our Law-books and the arguments pr● contra I alwayes conceived to be a late injurious usurpation upon the Patrons Right and no true nor ancient Prerogative setled in the Crown As for the Kings and other Guardians in Chivalry usuall Presentations to the Churches of their Wards during their Wardship and Minority It was no prejudice to their Wards being in affirmance of their Right and a Priviledge given them by our Laws during the Wards Minority and want of discretion to make choice of able Incumbents to supply the cure In all other cases but these our o Parliament and Laws took speciall care for the security and inviolable preservation of all Patrons Advowsons and Right in Churches by providing sundry Writs and Remedies against all Usurpations Injuries Prejudices by Ordinaries Usurpers Incumbents or other persons a Catalogue whereof I shall here subjoyn The first is a p Writ De RECTO DE ADVOCATIONE or DROIT de Advowson as our Statutes and law-Law-books phrase it in English A Writ of RIGHT OF ADVOWSON This was a Writ originall at the Common Law triable by Duel or the grand Assize which every Patron of Inheritance was enforced to sue where any stranger who had

no right to present presented a Clerk by wrong to his Church and his Clerk was admitted thereto by the Bishop before the Statute of Westminster 2. chap. 5. which Writ no Tenant in Tail or for life could sue at the Common Law after any usurpation suffered by them nor any Purchaser or Heir in Fee-simple but such who could alledge a Presentation to the Church in themselves or their Ancestors from whom the Advowson descended to them And this is the form of the writ Rex c. praecipimus tibi quod sine delatione PLENUM RECTUM TENEAS W. de 2. DE ADVOCATIONE ECCLESIAE de L. quam clamat pertinere ad liberum tenementum suum or Praecipe A. quod IVSTE c. reddat B. Advocationem Ecclesiae de S. quam ei INIVSTE DEFORCIAT ut dicit The very Title and form of which Writ of RIGHT undeniably demonstrate that Patrons of Churches have a most just and legall Right of Inheritance in their Advowsons of Churches which the Common Law takes speciall care to preserve by a Writ of RIGHT of the highest nature and to restore to the Patrons both justly and speedily without delay when unjustly and forcibly outed thereof by any Usurpers whatsoever The Second is q a Writ DE RECTO DE ADVOCATIONE DECIMARVM which lieth in this case if there be two Patrons of two adjoyning Parish Churches and the Incumbent of one of the Patrons demandeth Tithes in the spirituall Court against the Incumbent of the other and one of the Patrons sued a Writ of Judicavit to the Bishop to stop the proceedings in his Court for that the Right of the Patronage should come in question to his prejudice if the Tithes belonging to his Church and Incumbent should there be given from them by the Bishop without a legall triall by Jury at the Common Law in this case the Patron of the Clerk prohibited to sue for the Tithes before the Bishop by the Judicavit shall have this VVrit by the Statute of Westminster 2 chap 5. in this Form Praecipe A. quod reddat B. ADVOCATIONEM DECIMARUM Medietatis tertiae quartae partis or of a lesser part as unius curucatae terrae c. as some books are and if the right be found at the Common Law for the Patron who brings this VVrit his Clerk formerly barred and remedilesse by the Judicavit shall proceed in the Bishops Court to recover the Tithes against the other Incumbent The Third is a r VVrit of Assise Darrein Presentment or Assisae ultimae Praesentationis being a VVrit onely of Possession whereby the Patron who by himself or his Ancestors presented the last Incumbent to the Church which was instituted and inducted shall recover the possession thereof against the Disseisor or Usurper thereof This VVrit required the Sheriffe to summon twelve free and lawfull men of the vicenage to inquire upon oath Quis advocatus tempore Pacis praesentavit ultimam personam quae mortua est ad Ecclesiam de S. quae vacat c. cujus Advocatio idem A. dicit ad se pertinere Et Summoneas c. B. qui Advocationem illam ei deforciat quod tunc sit ibi audiendum illam recognitionem And this is a VVrit originall at the Common Law not given by Statute proving a Disseising of the Patrons Freehold The Fourth is the most usuall and common Writ of Quare Impedit the form whereof is this * Quod permittat à presentare idoneam personam ad Ecclesiam de B. quae vacat ad suam spectat donationem ut dicit unde quaeritur quod praedictus D. eum INIVSTE IMPEDIT c. Which Writ lyes for any Heir Purchaser and Patron of an Advowson in Fee Fee taile for life years grantees of the next avoidance onely for Executors Tenants in Dower Tenants by the Courtesie Guardians or others who have right to present to any Church or Benefice though they never presented before and that either against the Bishop or Ordinary usurper and usurpers Clerk admitted by the Ordinary or one two or all of them as the case requires for hindering them to present their Clerks to the Churches whereof they are Patrons By this Writ the Patron in some cases shall recover his Presentation and in some cases two years profits of the Church in Dammages where he loseth his presentation for that time till the next avoidance The Law and learning concerning this Writ being very copious I shall refer you to the Statute of West 2. ch. 5. and Cooks commentary thereon p. 356 c. His first Institutes f. 314. 344. Statham Fitzherbert Brook and Natura Brevium Tit. quare Impedit Register f. 30. Glanvil l. 6. c. 17. l. 13. c. 20 21. Bracton l. 4 f. 246 247. Britton ch. 94. Fleta l. 5. c. 12. to 17. I shall onely observe from the words of this Writ That every Patron by the resolution of our Statutes and Laws in all ages hath a just and lawfull right to present a fit Person to his Church when void that it is injustice in any to disturbe him in his Presentation for which he shall recover good dammages against him This is an Originall Writ at Common Law before any Statute The Fifth is a Writ * Ne admittas directed to the Bishop or Ordinary of the Diocesse prohibiting him when two or more pretend themselves Patrons to a Church which is void are at suit in the Kings Courts one with another about the right of the Advowson by writ of quare Impedit Assise of Darrein presentment right of Advowson or the like not to admit either of their Clerks or any other to the Church till it be determined by Law to which of them the Advowson or Presentation of right belongeth This writ is to prevent the Bishop from doing any prejudice to the rightfull Patron or to present to the Church by Lays pending the suit between the Pretenders to the Patronage The Sixth is a Writ * De Clerico admittende directed to the Ordinary enjoyning him to admit the Clerk of that Patron who recovers in the Kings Court notwithstanding the former Writ of Ne admittas directed to him The like Writ lyes when the parties agree amongst themselves which of them shal present and also when the Ne admittas was granted upon a false suggestion that there was a suit depending between two Patrons when there was none The Seventh is a Writ of * quare non admisit directed to the Ordinary when he refuseth to admit the Patrons Clerk recovers in the Kings Court his Presentment to the Church in an assise of Darrein Presentment quare Impedit or Writ of Right upon a Writ De Clerico admittendo first directed to him It is grounded on the judgement and Record in Court And this Writ is to summon the Bishop to appear before the Kings Justices who gave the judgment for the Patron to shew cause why he refused to admit his