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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20574	A compleat parson: or, A description of advovvsons, or church-liuing Wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. With many other things concerning the same matter, as they were deliuered at severall readings at New-Inne, / by I. Doderidge, anno, 1602, 1603. And now published for a common good, by W.I.	Doddridge, John, Sir, 1555-1628.; W. I., 17th cent.	1630 (1630)	STC 6980; ESTC S109763	45,102	102

Iudgement given against him in the Quare Impedit by default for that that he was not sommoned as aforesaid hee shall haue Iudgement herein and the same Deprivation had in the meane season in the Spirituall Court no Impediment therevnto for that that in the said suite of Deceipt the Incumban●i● shall not be in question but onely the disturbance of the Plaintiffe in the Quare Impedit and so for Incapacitie Contempt may likewise be a cause of Deprination as if the parson or other Incumbent bee Excommunicate and he so remaineth in his obstinacie for the space of fortie dayes hee is for this depriuable of his Benefice and yet the Church is not voyd in Deed without sentence in Depriuation giuen against him and if before such Depriuation the King as supreame Ordinarie and the head of the Church would haue a Dispensation to the Incumbent who for all the sentence of Depriuation for his contempt had hee shall hold his Benefice such Dispensation were voyde and should restraine the Patron from his presentation acrewed to him by meanes of such Depriuation after ensuing The third cause is Crime within which may be comprehended Delappidation or spoyle of the Church Benefice once in our Bookes worthy of Depriuation likewise Sohisme or Heresie for the which or if for some other causes the Incumbent were depriued in ancient time in the Court of Rome vpon such Depriuation comming in question in our Law the issue should be vpon the avoydance and it should be tryed where the Church or dignitie is but because Crime is Hidra with many heads and an evill Tree whereof is bred Ingens prouentus much fruit for all fruit of offences which may be comprehended vnder this name therefore let vs surcease further to deale with it onely in generall noting those three things as the incidents and consequents of Depriuations First that our Law adiudgeth not the Church actually voyde without a sentence of Depriuation as hath beene before prooued Secondly that though such sentence of Deprivation be meerely wrongfull yet the Dignitie is voyd and the sentence remaineth in his force vntill it bee released Thirdly and lastly if the party depriued within time require by this Law an appeale vpon such sentence of Depriuation giuen against him at the Court of the high Iurisdiction such is the nature of an Appeale that it holdeth the sentence vpon which it was first brought in suspence because in the Common Law it is said to haue effectum suspensum prioris pronuntiati and therefore if it bee brought vpon Depriuation it voydeth the vigour thereof and reuiueth the former dignity for such Church shall not be voyde vntill the first sentence of depriuation chance to be affirmed in the appeale and thus much of Depriuations in the Spirituall Court shall suffice at this time Concerning Depriuation by Censure of Statutes and Positiue Lawes see these Books that is tosay 13. El. Cap. 12. 26 H. 8. Cap. 3. reviued by the 1. El. Cap. 31. or 3. LECT 15. The third particular cause of Avoydance being Spirituall is Resignation THe precedent Lecture before going hath shewed the particuler causes of Auoydance of Churches whereof the two first Death and Depriuation hath beene at large disciphered the next is Resignation of which I will also at this time something speake Resignation or as the Canonists tearmes it Remytation Est Iuris proprij Spontanea refutatio or whereas Resignation is the voluntarie yeelding vp of the Incumbent into the hands of the Ordinarie his intrest and right which he hath in the Spirituall Benefice to which he was promoted Of which the matter or subiect is the Spirituall benefice as promotion Ecclesiasticall The forme is the manner how and with what words and due Circumstances it is or should be accomplished The finall Causes or effects hereof is eyther thereby to make the Spirituall Benefice void and destitute of its Incumbent or vtterly to anient and totally to extinguish such Spirituall promotion The efficient Causes are the persons that resigne and the persons to whom it is or ought to be resigned As concerning the matter this onely may suffice to be obserued that all Spirituall Dignities presentatiue may properly be resigned although they be Abbies Priories Prebends Parsonages or Vicaridges yet such Dignities as are certaine may also be resigned or to speake more properly relinquished as were some of the Abbies in the time of King Hen. the 8. and so may Bishop pricks at this day be resigned c. into the hands of the King as supreme Ordinarie of the Church and rightfull Patron of the same Bishoprickes As concerning the forme of Resignation and protestation which must be when the partie will resigne they are set out in the Register fol. 302. in the folioes of the Booke following as Fitzh noteth in his Nat Br. fol. 273. F. or S. The words of chiefe effect in such instrument of Resignatine are Remantiare Edere Dimittere for Resignation is not any proper tearme of the Common Law Yet the Law of this Realme more respecting matter then formalitie of words hath adjudged a Graunt made by a Prebenda●ie to the King to be an effectuall Resignation in the forme of these words following that is to say Noverint me A. c. exanimo Deliberatiuo certa scientia mero motu ex quibusda● causis iustis rationalibus me specialiter m●uent vltrò sponte dedisse serenissimo Domino ●●stro Ed. 6. Angliae c. supremo Capiti totor●● Prebendarum suorum ac omnia maneria terras tenement a possessiones hereditament a quecunque tam spiritualia quam temporalia ac omnem plenam liberam facultat dispositionem authoritat potestat dictae prebendae pertinen spectan appenden c. habendum tenendum eidem Rege Hereditor Successoribus suis ad eius vel corum proprium vsum c. As touching the efficient causes of Resignation as first the person that resigne if hee be not but onely Admitted and Instituted although as concerning the Spirituall Function he be a Parson before Induction yet because no part of the Free-hold of the Spirituall Benefice is transferred to him but by the Induction hee cannot vntill after the Induction if the King be Patron make any good and effectuall resignation as therefore Renuntiatio respi●it plerumque ius quesitum ac repudiamco pertinet adius nondum acquisitum As also for that that by this submission and Institution the Church is not full in respect that the King being patron such Incumbent before Induction is full subiect to haue his Presentation and Institution revoked But if a Subiect bee Patron and his presentee be admitted such presentee if hee be willing to leaue his Charge may before Induction resigne the Church for the espirituall Dignitie was ful of an Incumbent in respect of his Patron and because also there is no other meanes to cleare the Church of him but by such renunciation As concerning the person to

Patronatus not a power nor an authoritie onely but a right intrest or an Inheritance The word Ius or Right is diuersly intended sometimes strictly to signifie what is left a man when that that was once his owne is wrongfully taken from him as by Disseisin or such like In which sence the word Droit and Tort are priuatè opposita and is thus deuided to be either right of Action or right of Entrie sometimes in a more ample signification as Ius habendi ius possessendi ius disponendi by which occasion I purpose at this time to discusse whether the Patron and Ordinarie haue right in the Rectorie or Benefice and what manner of right it is that they haue their right is called Collaterall as wee read and not Habendi nor possessendi nor retinendi for none of them can haue retaine or possesse the Church or Rectorie but their right is Ius Disponendi wherein euery of them hath a particuler Charge to the possessions of the Church so free as that hee may maintaine such a one as is thereinto to be presented That they haue a kind of Disposition in them it is proued by many reasons 1. No charge can be founded to be laid vpon the Church in perpetuity to bind their successors but the Patron and Ordinarie must be made parties thereunto as all our bookes agree and Litleton giues a notable reason for it VV ch is that if the Charge be perpetual the consent of all 3. ought to concurre of which ensueth thus much that if a writ of Anuitie be brought against the parson and he prayeth in aide of the Patron and Ordinarie and the Patron maketh default and the Ordinarie appeareth and confesseth the action or if the Ordinarie make default and the Patron appeare and confesseth the action that this Anuitie shall not bind the successor but if they both appeare and one of them confesse the action and the other faith not any thing it shall bind the Rectorie in perpetuitie For Qui tacet consentire videtur But if the Parson onely with the consent of the Ordinarie for Tythes or other consideration executorie charge the Church in perpetuitie it shall bee good without the consent of the Patron as well as if the consideration executorie had remained Secondly it followeth that the charge of the Parson Patron and Ordinarie shall bind in like manner as their intrest is But if a man haue an Advowson for yeares and the Parson by the consent of such Patron and Ordinarie grant rent charge in fee if the Parson dye within the terme the termor of the Advowson presents another the terme expireth Quere if then the Anuity shal be deliuered but it seemeth by some that it shall be deliuered for that that this Incumbent was not the party that made the grant and therefore he should not hold it charged any longer then during the intrest of the Patron And therefore if two joyntenants in common or parceners be of an Advowson who agreeth to present by turne if the person ioyne in grant of a rent charge in fee with one of them the Parson shall bee charged and also his successors alterius vicibus for euer because those successors that commeth in by him that made the Charge shall bee subiect to it onely and those that commeth in by the presentation of the Patron that neither ioyned nor confirmed the same shall hold their land discharged for euer Also such Anuitie with which the Rectorie is charged doth not properly charge the Land but the Parson for if the grantee enter into any part of the Gleebe hee shall not suspend the rent or anuitie And if the Parson Patron and Ordinarie ioyne in a graunt of an Anuitie to S. H. and his heires except they speake of the successors of the parson and that the same be granted for the parson and his successors this cannot be good longer then forthe time that the parson that granted the same continueth Parson for an Anuitie is nothing but a parsonall Dutie and no otherwise And if such an Anuitie bee granted ouer it is not needfull to haue Atturnment all which proueth that the same chargeth not the Land but the Parson yet neuerthelesse the parson is charge for if the Grantor assigne or be remoued by any meanes whatsoeuer the charge followeth not his parson but resteth vpon his Successors and the Iurie may bee taken of the Towne where the Church is which proueth that such graunt chargeth the parson in respect of the Land Moreouer when the Patron and Ordinarie confirmeth the graunt of the Parson it is requisite that the Confirmation be made during such time as he is Incumbent that made the Charge for if hee Die be remoued resigue or otherwise be deptiued before the confirmation such Confirmation is voyd notwithstanding If an Incumbent grant rent charge to begin after his Death out of his Rectorie and the Patron and Ordinarie confirmeth the same this is good for so long time as it is graunted The second principall Reason to proue the intrest they haue to the Church or Rectorie is that all three may charge the Church in perpetuitie so may the Patron and Ordinarie doe onely in time of vacation which charge shall bind the Successor for euer Because none hath intermedling with the Rectorie but the Grauntors aforesaid The third principall reason is this that as the Patron and Ordinarie in time of vacation may charge the Church in perpotuitie so they may make a release by which any Anuitie that chargeth the Church or Rectorie shall be extinguished euen in the time of vacation Also if a man hath an Anuitie out of the Church of S. and afterward this Church is vnited to the Church of D. and after the vnited Church becomes void if the Grantee release in time of vacation to the Patron that was patron of the other Church that is to say of D. and to the Ordinarie such release shall not discharge the Incumbent because it was not made to the Patron of the Church that was first Charged for although both the Churches are vnited and become one yet are their patronages distinct and seuerall moreouer that Intrest that the Patron and Ordinary hath in the Rectory is but Collaterall and ius disponendi and no otherwise as hath beene formerly said For if an Advowson discend to an Infant and the Incumbent bee impleaded in a writ of Anuitie and prayeth ayde of the Patron and Ordinary and for that that the patron is within age likewise prayeth that the Parol may demurre vndiscussed during his nonage this shall not bee granted but the In●ant in such case shall bee ousted of his age because the charge lyeth vpon the parson and not vpon the patron or Ordinary who are not at any time to inioy the Rectory themselues but onely are to haue the disposition thereof Finally to proue that it is meerely Collaterall If the patron Ordinary doe

nothing but giue licence to the person to charge his Rectory with an Anuitie this shall bee a good grant to Charge the Church in perpetuitie For that that it is not to any other free tenants a Charge but to the parson because neither the patron nor the Ordinarie can haue the Church themselues but onely to dispose and bestow the same vpon some other neuertheles such assent ought to be by writing LECT 3. The seuerall Intrests of the Patron and Ordinarie and what it is IN the Lecture next before I haue ●et forth to you the right that both the Patron and Ordinarie hath joyntly to intermeddle in the Church Now it remains likewise that I declare their seuerall Interests Therefore at this present I intend to deliuer somthing touching the Collateral Intrest of the Patron sole and after to examine what manner of Inheritance an Advowson is and so to refetre the Intrest of the Ordinary sole to a more conuenient place when as we shall come to speake of Admission and Institution What Collaterall Intrest alone the Patron hath in the Church may in brie●e thus be decyphered first by the Common Law before the Statute of Westminster second as hee ought by the opinion of some men to bring his writ of Advowson of the fift part or any lesse part of the Tyth●s and oblations of the Church in any suite of Iudicauit attempted against the Presentee or Incumbent that hath sued in the Spirituall Court for the Recouerie of the same and hath caused the Patronage in this respect to come into question or as some men thinke he might haue had his Writ of Heres as a Precipe quod reddat advocationem quinque acrarum terrae or one acre of Land and such like For which cause the Statute was made to be a restraint for bringing the same writ of any lesse part then of the fourth part of their Tithes so that the Statute in this behalfe was but a restraint of the Common Law Which argueth that the comparing of the Rectorie tendeth Collaterally to be an impeachment and preiudice to the Patron himselfe and so importeth a Collaterall Intrest that the Patron hath to the Church Againe by the graunt of the Church the Advowson passeth wherefore Herle sayd in the first part of Ed. 3. That it was not long since when men knew not what an Advowson was nor meant but by the Graunt of the Church they thought the Advowson to be sufficiently conueyed in the Law For said hee when they purposed to assure an Advowson their Charter specified it in the gui●● of the Church Moreouer the King being Patron hath often ratified and confirmed the estate of the Incumbent in a Rectorie that an vsurper had presented by meanes whereof hee cannot remoue the same Incumbent vnlesse for some cause hee repeale his Charter of confirmation Notwithstanding if the King recouer by a Quare Imp and after confirmeth the estate of the Incumbent that the vsurper presented by meanes whereof hee cannot be remoued at the next Avoidance the King shall present for the Judgement giuen for him was not at any time executed which also proueth the Collaterall Intrest that the Patron hath to the Church for no parsons can lawfully confirme but such as haue right to the thing confirmed Ancient Bookes haue held and that not without reason That an Advowson hath such an affinitie with the Church it selfe to which it is granted and to which it is a Collaterall Intrest as hath beene sayd that it should passe by Liuerie of seism made at the Ring of the Doore of the Church and although by such meanes it passe not at this day being meerely a thing that lyeth in Graunt yet the same proueth the Collaterall Intrest of the Patron to the Church for this opinion holden in the Bookes is granted for the like reasons In a Writ of right of Advowson the Parson shall bee summoned in the Church or at the doore of the Church And if a villeine purchase an Advowson in grosse Littleton saith full of an Incumbent the Lord of the same villein may come to the same Church and their claime and the Advowson shall be in him All which things added to the former sufficiently proueth the Collaterall Intrest that the Patron hath to the Church LECT 4. What manner of Inheritance an Advowson is lecture 4 WEE are now to consider what manner of Inheritance an Advowson is wherfore let vs consider that euery Inheritance is eyther Hereditas Corporata or Incorporata Hereditas corporata is a Meadow Messuage Land pasture Rents c. that hath substance in themselues and may continue for euer Hereditas incorporata is Advowsons Villeins Wayes Commons Courts Piscaries c. which are and may be appendant or appurtenant to Inheritances Corporate An Advowson therefore is Incorporate of which a man may be Seisied though not of Demesne yet as of Fee and as of right And although great Disputation haue beene in our bookes whether an Advowson may bee holden or lye in tenure yet the most authorities concurreth and are that any Advowson either in grosse or appendant lyeth in tenure aswell of a Common person as of the King For a Cessauit lyeth thereof and some haue holden that the Lord of whom it was holden may distreine either in the Church yard or in the Gleebe the beasts of the Patron onely if they happen to be there found 33. H. 6. Godred contrarie but though the law be that there cannot bee taken any distresse yet the same makes not any impeachment of the tenure and being parcell of a Mannor or appendant to it it may bee holden as some bookes are pro particula illa Therefore it is holden and said that an Advowson is a tenement and therefore whereas the King hath giuen licence to an Abbot to amortise lands and tenements to such a value by force whereof he purchaseth an Advowson and this was holden good sufficiently pursuing this licence and therefore in the booke an issue was taken if the same Advowson were holden in Capitie and therfore if a man grant a Ward or Omniaterra tenementa that he hath by reason of his Ward if there be an Advowson holden of the Lord being guardian the same passeth to the grantee by the words of Omniaterras tenementa Of an Advowson a precipe quod reddat lyeth very well and a writ of Dower shall bee maintained of the same by the wiues of such as haue such inheritance therein as giueth a dower as before hath beene said and so the husband of her that hath the'nheritance in it shall be tenant by the Courtesie although there neuer were had any presentation by the wise to it But yet there shall not be any discent thereof from the Brother to the Sister of the entyre blood by the maxime of possessio fratris c. But the same shall discend to the brother of the halfe