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cause_n	court_n	justice_n	law_n	3,065	5	4.7299	4	true

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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

our Churches and all the Bounty Piety Charity of our Religious Ancestors to Gods Church and Ministers most impiously s●cralegiously dissipated substracted prophaned invaded plundered demolished perverted to quite contrary uses and the Heires Successors Assignes of all such who at their proper costs first built our Parish Churches and endowed them with Rectories Glebes Tithes out of their own Lands and Inheritances most inju●iously ungratefully desp●efully disinherited and deprived of their anc●ent unquestionable lawfull Rights to present any future Encu●bents to them wh●n voyd disabled * contrary to our Lawes and com●on ●quity which resolve they ought to revert to the Donors and Founders and their Heirs to rep●ssesse those Rectories Gl●bes Tithes Endowm●n●s ther Ancesters fr●●ly conferred on them being made a pry to Strangers who can pretend no colour of Title to them by any Lawes of God or Man and may by like violence and injustice seise upon their M●ors Lands as well as upon their Advowsons Rectores Churches which are appendant to them To prevent these desperate Plots now strenuously pursued and involved in this one designe against Patrons Rights and Advowsons I shall briefly relate the true original of our Parish Churches and of Patrons Titles to present Encumbe●ts to them unknown to most which will fully discover the equity justice of this their Right which some deem unreasonable and injurious to the Parishioners and then present you with a full Jury of legal writs and remedies provided by the Common and Statute Lawes of England for the defence and preservation of Patrons Interests in their Advowsons Churches against all Invasions or Vsurpations on them to their prejudice The Title Advocate from which the word Advowson is derived or to which at least it relates is attributed to our Saviour Jesus Christ himself 1 John 2. 1. the Advocate general of the whole Church and every particular person unto God the Father to plead their cause and make intercession on their behalf Michael 7. 9. Lamentations 3. 58. 1 Samuel 24. 15. c. 25. 39. Psal. 35. 1. Psal. 43. 1. Psal. 119. 154. Prov. 22. 23. c. 23. 11. chap. 31. 9. Jer. 50. 34. chap. 51. 36. Job 16. 2● Isay 5● 12. Rom. 8. 26. 34. chap. 11. 2. Heb. 7. 25. Which well explain both the Office and D●ty of our Advocates of our Churches being the same in substance with that of known Advocates Pleaders or Counsellors at Law for their Cl●rts in Courts of publique Justice for which you may consult Federicus Lindebrogus and Sr. Henry Spelman in their Gl●ssaries Calvins Lexicon Jurid●cum Summa Angelica Rosella Hostiencis Antonius Corsetus his Repertorium and Thomas Zerulu his Praxis Episcopalis titled Advocatus The Title Patronus or Patron of a Church is of the self-same signification and imports the same Office and Duty as Advocatus and it is somewhat more large then it implying not only a Patronage Protection or Defence of the Incumbents Churches cause when there is need in Courts of Justice by way of Plea or Intercession as Advocate properly doth but also their Defence and Patronage by the Sword in the field when assaulted by open armed Adversaries Sacrilegious Church Robbers or bloudy Persecutors as the ancient Othes of our Kings and Knights of all sorts when invested in that Dignity abundantly evidence by the Pen when invaded by Hereticks and Shismaticks upon which account the Pope bestowed the Title of e PATRON or DEFENDER OF THE FAITH upon our King Henry the Eight for writing in Defence thereof as he conceived against Luther and likewise by the purse by supporting repairing the Fabricks of the Churches they o● their Predecessors first erected as there is occasion by endowing them with convenient maintenance or encreasing their Dowry where incompetent by providing against its alienation diminution substraction and recovering it when invaded diminished or substracted by others or alienated d●lapidated or unjustly incumbred with Annuities or other charges by the Incumbents without their privities or assents and in one word in becoming Nursing Fathers and Nursing Mothers to the Churches and Ministers whereof they are Patrons according to that of Isay 49. 23. c. 60. 10. Rev. 21. 24. 26. Hence the f Master and Lord of any servants or enfranchised Slaves was stiled Patronus their Patron and they sayd to be in PATROCINIO EJVS as you may read at large in Fredericus Lindebrogus his Glossarium and Codex Legum Antiquarum Leges Wisigothorum l. 8. Tit. 1. L●x 3. 4. Leges Longobardorum lib. 1. Tit. 8. Lex 31. Leges Burgundiorum Addit 2. sect. 2. and that because they were bound to protect defend maintain feed and provide for their servants for which by the Roman Law Libertus PATRONO donum munus operas d●b●bat D●gest lib. 38. Tit. Cod. l 6. Tit. 3. as Incumbents ought to instruct pray for expresse their gratitude to their Patrons in a Christian and civil though not i● a corrupt or Symoniacal way and to sow unto them spiritual things because they reap their carnal things 1 Cor. 9. 11. Phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9 10 11. 2 Timothy 1. 16. 17. 18. g The Emperor of Germany heretofore was usually st●led ADVOCATVS and DEFENSOR ECLESIAE in his Imperial Title as Henry the eighth and the Kings of England since were stiled Defendor of the fait● H●nce those two verses over the Cou●sel-Chamber door in Guilds Hall London Carolus Henricus vivant DEFENSOR uterque Henricus FIDEI Carolus ECCLESIAE The reason of which Title was because the Emperor Charls when Crowned at Bologna by Pope Clement the seventh took this solemn Oath Ego Corolus c. Pollicior testificor atque juro me in posterum pro viribus ingenio et facultatibus meis Pontificiae Dignitatis et ROMANAE ECCLESIAE PERPETVVM FORE DEFENSOREM nec ullam ecclesiasticae Libertati vim illaturam Sed potestatem jurisdictionem et dominationem ipsius quoad ejus fieri potest CONSERVATVRVM And the Emperor Ferdidand the second in the Articles of Capitulation with the Princes Electors promised during all his Raign Vniversam Christianitatem c. Et CHRISTIANAM ECCLESIAM TAN QVAM ILLIVS ADVOCATVS FIDELI PROTECTIONE CONSERVARE Yea some of the old Kings of Sicile used Titles in their stile somewhat like this as CHRSTIANORVM ADIVTOR CLYPEVS ET DEFENSOR as Mr Selden observes out of Scipion Mazzella Descrit De. Napoli p. 471. These general Titles of theirs in relation to the whole Church Faith Ministers and Christians within their Dominions being dirived from the S●les and Titles of Advocates and Patrons of particular Parish Churches in use some hundreds of Years before them And this may suffice for the Title Office and Duty of Advocates and Patrons of Churches The h Statute of Westminster the 2. 13. E. 1. c. 1. recites That before its making if a man gave Lands to a man and the heirs of their bodies upon express condition that if

conversion edification consolation and salvation of their Souls And for the encouragement and maintenance of able Ministers constantly to reside and officiate in them in all succeeding ages for the benefit of their Posterity and Gods greater glory they did out of their own Lands and Inheritances freely endow the Ministers of these respective Churches and their successors for ever with competent and convenient houses Rectories Glebes Tithes Rents Revenues by special Charters and Instruments r many of them yet Extant with general and special warranties against all claiming under them and dreadfull execrations against all such persons who should sacrilegiously endeavour to d●fra●d or deprive God or his Ministers in part or in whole of what they had thus dedicated and devoted to them In some of which foundations and endowments of Charters ſ two or more Lords and Landed men concurred where they had Lands in common or contiguous but in most of them one Lord alone where the Mannors were large and entire Now because both the Soil whereon these Churches were built together with the Church-yards thereto annexed for interring the dead these Fabricks of the Churches with the Parsonage Houses Rectories Glebes Revenues and Tithes thereto annexed for the Ministers maintenance proceeded originally from these Founders Bounty Piety Donation and no way from the Parishioners who were but the Founders Tenants Servants or Children and held their Lands from by or under them charged with such Tithes as they first granted out of them to the Ministers still allowed to them in their Leases Fines Purchases in all succeeding ages by a proportionable defalcation according to their ordinary valuation both the t Common Canon Civil Lawes of our own and other Realms and the very Dictates of Reason Iustice Equity held it reasonable just equitable that these pious bountifull Founders and Benefactors should reserve the full and absolute power of bestowing conferring the Rectories Benefices Tithes and Profits of these Churches upon every avoydance by death resignation cessein translation deprivation or otherwise on such incumbent Ministers as themselves their Heirs and Assigns should nominate and make choyse of for their Ministers and Chaplains it being held both unjust unreasonable unconscionable injurious and ingrate that the Parishioners or other strangers who contributed nothing towards the Fabricks Soil or Endowments of these Churches and paid no Tithes but what originally proceeded from the Patrons grants allowed to them in their Fines and purchases should deprive them of or intercommon with them in their Right of Presentation upon any voydances it being the Founders meer Courtesie Piety favour to admit them and their Posterities free accesse at all times to these Churches which they Founded not and to reap the spiritual benefit of these Ministers and Ordinances which they maintained not at their own free cost but these Founders and Patrons only as it is at this day a meer Grace and Favour in our Inns of Court Colleges and some Noblemen and Gentlemen in the Country to permit their Neighbours and Strangers free accesse to their private Chappels in their Houses to the Ordinances there dispensed by their own hired Chaplains and Preachers Angelus de Clavasio in his Summa Angelica Tit. Jus Patronatus Panormitan with other Canonists and Sir Edward Cook in his Institutes upon Littleton f. 17. 6. 113. informs us That the Right of presenting an Encumbent to the Church was first gained by such as were Founders Benefactors or Maintainers of the Church by their means viz. Ratione Fundationis as where the Ancester was Founder of the Church or Repairer thereof being quite Demolished Or Ratione Dotationis where he endows the Church Or Ratione Fundi as where he gave the Soil whereon the Church was built Perchance in some cases these three were distinguished but for the most part all three concurred in the selfsame persons who both gave the Soyl Fabrick and Endowments of the Church for the maintenance of Gods publick worship out of their pious munificence now grown quite out of date and reputed by many no better than Prodigal superstition who would be deemed Saints of the greatest magnitude though inspired with a fanatique infernal zeal only to eat up Gods House diametrically contrary to the zeal of our pious Ancestors yea of holy David and our Saviour himself of both which we find it thus recorded in holy writ Psal. 69. 9. John 2. 15 16 17. The zeal of thine House hath eaten me up as it did the zealous Founders and Patrons of our Churches in times of lesse Light but far greater heat than now This Right of presenting Encumbents to Churches thus gained by the first Founders Endowers and Maintainers of them was by the Common Canon and Civil Law stiled v Jus Patronatus Advocatio Jus Presentandi c. and in English A Patronage or Advowson And he who enjoyed this Right of Patronage Presentation or Advowson was stiled Patronus or Advocatus a Patron or Advocate because he was to defend and patronize the Churches and Excumbents Right and Title upon all occasions in all Courts of Justice as Advocates use to dafend their Clients Causes advow justifie them when ever * prayed in ayd or called upon by the Encumbent for to do it Hence Bracton l. 4. f. 240. Fleta l. 5. c. 14. and Cook out of them describe a Patron or Advocate Advocatus est ad quem pertinet Ius Advocationis alterius Ecclsiae ut ad Ecclesiam nomine proprio non alieno possit praesentare And Angelus de Clavasio Panormitan with other Canonists thus define a Ius Patronatus est Ius hon●r●ficum onerosum utile olicui competens in Ecclesia pro eo quod Diocesani consensu eam construxit fundavit vel dotavit ipse vel is a quo causam habuit Et dicitur honorificum quia habet honorem praesentandi Rectorem quia sine ejus praesentatiane si Episcopus vel alius Prelatus instituit ipso lure est nulla Onerosum dicitur quia Patronus tenetur defendere Ecclesiam ne bona indebite dilapidentur utile dicitur si venirit etiam quia sivenerit ad in opiam tenitur Ecclesia ex redditibus ultra necessaria remanentibus alimentare Patronum pinguius quam alios pauperes This Right of Advowson the Bishop in some places confirmed to the Founder Endower or his Heir by putting a Robe or such like on him at the Dedication an example whereof we find in the life of x Ulrique Bishop of Auspurg in one of his dedications about the year 950. where Consecratione peracta d●teque contradita comprotato illic Presbytero Altaris procurationem commendavit ECCLESIAE ADVOCATIONEM FIRMITER LEGITIMO HAEREDI PANNO IMPOSITO COMMENDAVIT This Right of Foundership cannot be eschete or be forfeited 24 E. 3. 72. Brook Eschete 9. This Right of Patronage and Presentation in respect to Churches is the very same in reason equity justice substance with the y

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

spoil to their malitious insatious appetites as is clear by John Cannes second voice against not from the Temple and others speeches and petitions To effect which Atheisticall plot with greater boldnesse and security they make no bones nor conscience to subvert all our former Lawes and Statutes whatsoever for whose defence many of them say they so long fought This Canne doth in his Voice p. 2 c. and in a later pamphlet wherein he had some hand said to be published by ALITHORITY in Capitalls in the Title Wherein he publickly and shamelesly I might say TREASONABLY asserted g that we have no Fundament●ll Laws and Liberties left us by our forefathers that may not be altered the State physicians of our time who passed the Vote against Patrons Rights c. being neither bound up to MAGNA CHARTA NOR PETITION OF RIGHT nor Writs of RIGHT OF ADVOWSON he might have added which his next words include nor ANY OTHER PRESIDENTS but may lay aside either part or whole as they see cause and appoint something else as more seasonable and proper to us and as providence makes way for it That to plead for such unalterable fundamentall Laws is nothingelse but to enslave the Nation for by such a principle people not onely lose their Liberty but are brought under such a kind of Tyranny out of whi●h as being worse than the Egyptian Bondage there is no hope of deliverance c. Adding that every age and generation of men to wit the prevailing party in present power are left free and to themselves both for the manner of Election and time of Parliaments YEA AND TO LAY ASIDE ALL PARLIAMENTARY WAYES AND CONSTITUTE SOME OTHER FORM OF GOVERNMENT if they see it more conducing to the safety and good of the Common wealth With many other such desperate passages and a worse h conclusion against all Malefactors future Trials by Juries which he prophecieth to be near an end and shortly to be swallowed up by the Supreme authori●ity of the Nation So as neither the Name nor thing shall be any more in the Common-wealth of England Is not this to exceed Strafford and Canterbury in High Treason To which monstrous passages I shall return these brief Answers 1. If we have no such Fundamentall unalterable Lawes and liberties and those he mentions be ●ot such then * all our ancestors were very injurious unwise inspending so much blood and treasure and contesting for their violation and new ratification of them in all former Parliaments from King Iohns reign to this present 2. All our Parliaments in King Charls his reign were exceedingly overseen and mistaken in contesting with him for these laws and liberties as fundamental and the last of them all in excusable before God and man for impeaching condemning and beheading Laud and Strafford as arch-traitors to the King and Kingdome and guilty of high treason * for endeavouring traiterously to subvert the fundamental laws and government of the kingdome c. And their frequent excitations of the people in their publike Declaration to defend our fundamentall laws and liberties with their lives and fortunes and arming them against their lawfull King and his adherents and putting the Nation to such a prodigall expence of treasure and Christian blood for so many years together for the maintenance of our Fundamentall Laws Liberties Government and Parliament Priviledges if there be no such laws and things or they so variable arbitrary and changable at every prevailing parties and new States Physitians pleasures 3. That our prudent Ancesters reputed not our Fundamentall laws such mutable and repealable toyes as this ignoramus and other Innovators deem them In the Parliament held at Merton An. 20. H. 3. cap. 9. All the Bishops instancing the Lords to give their consent to alter the ancient Law of the Realm but in this particular That all such as were born before marriage should be legitimate as well as those that be born within Matrimony as to the Succession of Inheritance for that the Church accepteth such to be legitimate Thereupon ALL THE LORDS and BARONS VVITH ONE VOYCE answered That they would not change the Laws of the Realm which hitherto have been used and approved From which Statutes Sr. Edward Cook in his Second Institutes printed by Order of the Commons House observes p. 97 98. That the Nobility yea G●ntry and People too of England have ever had the Laws of England in great estimation and reverence as their best birth-right and so have the Kings of England as the principall royalty and right belonging to their Crown and dignity which made that noble King Henry the first surnamed Beau-clerk to write thus to Pope Paschall Be it known to your Holinesse that whiles I live through Gods assistance the dignities laws and customs of our Realm of England shall not be violated or diminished And if I which God forbid should so greatly deject my self as to attempt it MY NOBLES and the whole PEOPLE of ENGLAND would by no means suffer it And it is worthy observation adds Cook How dangerous it is to change an ancient maxime of the common Law And it is a Note worthy of observation That whereas at the holding of this Parliament Anno 20 H. 3. and before and sometime after many of the Judges and Justices of this Realm were of the Clergy and all the great Officers of the Realm as Lord Chancellor Treasurer Privy Seal President c. were for the most part Clergy men yet even in those times the JUDGES of the REALM and let those stiled such remember it least they prove Iudasses to the Law and Realm and incur * Tresylians and his Complices doom for their treachery both of the Clergie and Laity did constantly maintain the Laws of England so as no encroachment was made upon them nor breach unto them by any forreigne power or upstart domestick Authority Yea so zealously resolute were our noble ancesters in the defence of our fundamentall Laws Liberties Royalties against all violations and alterations heretofore that in the * Parliament of Lincoln An. 28. E. all the Nobility of England by assent of the whole Commonalty writ and sent a most famous letter to Pope Boniface sealed with the Seals of Arms of 104. Earls and Barons whose names are recorded in Speeds history for their eternal honour and others imitation in such cases wherein they thus resolutely expresse themselves in their behalf Ad observationem defensionem libertatum consuetudinum Legum paternarum ex debito praestiti juramenti astringimur quae manutenebimus toto posse totisque viribus cum Dei auxilio Defendemus Nec etiam permittimus aut aliquatenus permittemus sicut nec possumus nec debemus praemissa tam insolita ●am indebita praejudicialia alias in audita surely the recited passages of this Pamphettere are as bad nay worse them those they mention Dominum nostrum Regem etiam si vellet facere seu quomodo