Linguistic DNA - Concept Modelling Demonstrator

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	ecclesiastical_a	spiritual_a	temporal_a	2,677	5	8.2384	4	true

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

A COMPLEAT PARSON OR A DESCRIPTION OF ADVOWSONS 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-Jnne By I. DODERIDGE Anno 1602 1603. And now Published for a Common good by W. J. LONDON Printed by B. A. and T. F. for Iohn Groue and are to bee sold at his Shop at Furniuals Jnne gate 1630. To the Reader BOokes that are not able to protect themselues may require large Preface and Dedication this needeth none it teacheth the Law and therefore cannot feare any Informer errors of the print may here and there offer themselues but for any other the honourable Name of him to whom Posteritie shall thankfully acknowledge a debt for his Worke in the very Title page is able to vindicate If thou beest a Caviel yet bee not too quicke at censure satisfie thy ambition for the present with a Readers place thou mayest in time come to bee a iudge which euery man is not borne too Farewell THE CONTENTS OF the Lectures ensuing LECT 1. THe Name Nature Divisions Consequents causes and incidents of Advowsons or Patronages Fol. 1 2 The Right that both the Patron and Ordinarie hath ioyntly to intermeddle with the Church fol. 10 3 The seuerall Intrests of the Patron and Ordinarie and what it is fol 16 4 What manner of Inheritance an Advowson is fol. 19 5 The word Right and the word Advowson explained and to what Inheritance an Advowson may bee appendant originally fol. 24 6 To what things an Advowson may bee appendant secondarily fol 30 7 In what manner Advowsons are appendant to a Mannor fol. 35 8 If an Advowson appendant that consists of Demesnes and Seruices shall bee appendant in respect of the Demesnes onely or in respect of the Demesnes and Seruices fol. 42 9 How an Advowson may bee seuered from the principall and by what meanes it may bee reconnexed thereunto againe fol. 47 10 Of Advowsons in Grosse fol 54 11 Of Advowsons pattly appendant partly in Grosse fol. 58 12 What Presentation is and what is the effect and fruit thereof and in what manner Presentation and Nomination differ fol 62 13 The things incident to Presentation prosecuted who may present what Parsons may be presented to whom the Presentation must bee made and the manner thereof fol. 70 14 The two first particuler causes of Avoydance of Churches v. z. Is eyther Temporall as Death or Spirituall as Depriuation the one of it selfe being manifest and the other a discharge of the Dignitie or Ministerie fol. 73 15 The third particuler cause of Avoydance being Spirituall is Resignation fol. 78 16 The last speciall meanes in Avoydance of Spirituall promotions Presentatiue is Creation fol. 86 A COMPLEAT PARSON OR A DESCRIPTION OF ADVOVVSONS LECT 1. The name nature Divisions Consequents causes and incidents of Advowsons or Patronages FOrasmuch as wee are said to know cum Causas cognoscimus and seeing hee laboureth in vaine that seeketh to apprehend the knowledge of the accident which is ignorant of the substance and seeing nothing setteth out the nature of the thing but the Description and Definition and that Omnis quae Ã ratione suscipitur de re aliqua institutio debet Ã definitione proficisci vt intelligatur quid sit id de quo disputatur I will begin as good order requireth with the Description of an Advowson that the nature thereof being knowne wee may the better obserue the coherence and congruence of this kind of Learning An Advowson therefore generally considered is a right that a man hath to preferre his friend or any fit person to promotion Presentatiue or Donatiue This Definition is generall and may be attributed to all persons whereof a man may haue a Quare Imp if hee be Disturbed for the Writs mentioned in the Statute lyeth not onely of Dignities Presentatiue by the course of the Common Law but also of promotions Donatiue by this Statute As Chaunteries Donatiue * Free chappels c. Also it lyeth of a Subdeaconship or Hermitage which also may bee Donatiue and this is grounded vpon the words of the Statute De cetero concedantur brevia de Cappillis Prebendis Vicarijs Hospitalibus Abbatis quae prius concedi non consueuerunt Yet neuerthelesse I read that a Quare Imp was maintained of a Chappell by the Common Law but such a Chappell perchance was Presentatiue and not Donatiue Promotions presentatiue whereof the Writs are mentioned in the Statute were maintained at the Common Law as Churches Chaunteries and Chappels Presentatiue and such like And therefore as the afore-specified Definition or Description is generall and appliable to both So are those subsequent more properly to be applied to Churches Advowsons in which are Cures of Soules An Advowson or as the terme Ius Patronatus est potestas presentandi aliquem instituenduÌ„ ad beneficium Ecclesiae simplex vacans and of other respects the causes and incidents of Advowsons is Described more amply in such manner Ius patronatus est ius honorificum onerosum vtile In effect this A Patronage or an Advowson is a right to present to the Bishops or Ordinarie a fit person by him to bee admitted and Instituted into a Spirituall Benefice when it becommeth voyd And hee that hath such right to present is called Patron who is thus described Patronus est defensor Ecclesiae qui habet ius presentandi Episcopo aliquem vel aliquos in aliqua Ecclesia in ea ab eo instituatur And hee is so called De patrocinio of defence For that that hee should defend the Church or Ã similitudine Patris quia sicut pater filium sic patronus Ecclesiam de non esse deducit ad esse Hee is called of Old Glanvile Advocatus as that he should say an Advocate of the causes of the Church and therefore the inheritance is called Advocatio or Advowson or is deuised De vocando for that that the Patron hath power for the presentment of a fit person by the name of his presentation And heere by the way let no man thinke that I thrust my selfe in messem alienam and to borrow of the Cannonists as well now the Description and Etimologie before shewed and after also to fetch from them more high matter But let such curious Carpers if any bee remember the Speech of Asliton * who affirmeth that euery Advowson and right of Patronage dependeth vpon two Lawes that is to say The Law of holy Church and our Lawes so that the true determination of such learning is as hee saith Per ius mixtum by both Lawes that is Ecclesiasticall and Temporall And therefore when wee purpose to seeke the right intelligence or true vnderstanding of any things in this kind of learning wee must of necessitie bee beholden to them But to returne where wee digressed The materiall causes and subiects in which

preiudice the inheritance of him that hath the nomination but he shall nominate to the Chancellor still who in the name of the King shall present to the Ordinarie And if the King present without any such nomination the nominator shall bring his Quare Impedit against the Incumbent onely because the King cannot be tearmed as a Vsurper LECT 13. The things incident to Presentation prosecuted who may present what Parsons may bee presented to whom the Presentation must be made and the manner thereof BEfore hath beene shewed what a Presentation is and what is the effect and fruit of the Patronage and finally in what case the Presentation and Nomination differeth At this time it resteth how to prosecute the things incident to Presentation and to make show who may present what parsons may bee presented to whom the Presentation must bee made and in what manner But because no presentation can bee made vnlesse to a Church or Dignity something shall bee showed when they shall bee voyde and vpon what occasion An avoydance is in two sorts actuall in Deed destitute in Law which is an avoydance de Facto and auoydance de Iure Actuall is when the Church is actuall in deed destitute of his Incumbent in Law when the Church being full of an Incumbent is notwithstanding frustrate of his right and lawfull Incumbent by reason of incapacitie or crime in the parson of him that occupieth in steed of the rightfull and lawfull Incumbent and therefore amongst the Canonists Ecclesia Dr. viduam tuam sponsumque habet invtilem there is therefore a great difference betweene voydance in Law and voydance in deed the first of which two the Espirituall Court hath to determine and therefore the supreame head may so dispense there that such anoydance in Law shall neuer come to be auoydance in deed and of auoydance in Law no title acreweth to the Patron vnlesse something bee therevpon accomplished by the Espirituall Court as a declaratorie sentence or such like but vpon avoydance in deed presentment acreweth to the Patron yet in such and the like cases Distinguendum est for if the dignitie bee temporall as a Master of an Hospitall or such like and that there be found defect in him by visitors it is an actuall avoydance and the Patron may vpon this make a new collation without solemne sentence of depriuation but if the dignity bee Espirituall it is requisite vpon such defect that sentence of Depriuation bee giuen before auoydance can bee and that such sentence be notified to the Patron otherwise Laps shall not incurre against him Auoidance and Plenartie are primatiâ—a contraria which if they come to bee tryable by issue betweene the parties they are tryed by two distinct Lawes Plenartie which is if the Church be full of an Incumbent or not shall bee tryed by the Common Law which is by the certificate of the Ordinarie but Avoydance which is if the Church bee voyde or not shall bee tryed by the Country impanuelled in a Iury notwithstanding if the issue bee vpon any speciall sort or manner of avoydance the same shall be taxed by the certificate of the Byshop so that such speciall cause shall be Spirituall The efficient causes of avoydance are eyther temporall as Death or spirituall as Deptiuation resignation creation session and entrie into Religion whereof more shall bee said afterward LECT 14. The two first particuler causes of Avoydance of Churches viz. Is eyther Temporall as Death or Spirituall as Depriuation the one of it selfe being manifest and the other a discharge of the Dignitie or Ministerie IN the last Lecture or reading before was shewed something of auoydances of Churches in generall now it remaines to pursue the perticular meanes that is to say Death Deprination Resignation Creation or Cession and entrie into Religion of euery of which we will speake something as the cause requireth 1 And first of all concerning Death Quae omnia soluiâ— the matter of it selfe is manifest and needeth no further declaration 2 As concerning Depriuation it is a discharge of the Incumbent of his Dignitie or Ministerie vpon sufficient cause against him conceived and prooved for by this hee looseth the name of his first dignitie and herein two manner of wayes eyther by a particuler sentence in the Spirituall Court or by a generall sentence by some positiue or Statute Law of this Realme 1 Deprivation is in the Spirituall Court for that that it is grounded vpon some defect in the partie deprived although it bee by act of Law yet it is deemed as the act of the partie himselfe The causes of Depriuation by Censure in the Spirituall Court are to be referred to the Common Law therefore let vs remember such of them vpon which questions haue beene mooved in the Bookes of our Law all which causes mentioned seuerally may bee reduced to three principle points first want of Capacity secondly Contempt thirdly Crime As concerning the first although by the Common Law a Lay person bee presented and Instituted and Inducted to an especiall Benefice which Curate is altogether vncapable of the same yet the Church is not therefore to bee said voyde as if no presentation had beene but it is still full of an Incumbent de Facto licet non de Iure vntill by sentence Declaratorie for his want of Capacity the Church be adiudged voyde and vpon this no Laps shall incurre against the Lay Patron without notice of such incapacity sentence of deprivation therevpon to him giuen King H. 4. presented one that was incapable of his presentation and the Presentee was thereby admitted instituted inducted and afterward the Pope enabled the presentee by his Bill yet the King had a scire fac and thereby recovered his presentation againe because the Incumbent was not capable wheÌ„ he was presented If the Patron present one that is meerely a Lay man within the age of 25. he vpon this be Admitted Instituted and Inducted and afterward a Qua. Imp. be brought against the Patron and the same Incumbent whereof Iudgment is given by the default of the Incumbent where indeed the Incumbent was neuer at any time duely sommoned according to the Law by reason of which Iudgment the same Incumbent is removed if vpon this afterward the said Incumbent by sentence declaratory be deprived in the Spirituall Court for want of Capacity in suite there for the cause of his incapacity exhibited against him such sentence is good availeable in the Common Law although the said Incumbent were before removed from his Beneside by the Iudgement giuen against him in the Qu. Imp. for though such declaratory sentence giuen against him by the Spirituall Law cannot remoue him that is removed already yet it shall make this Incumbent answerable to the next Incumbent for all the meane profits received by him that was the first Incumbent from the time of his Induction Yet if the first Incumbent so depriued will afterward bring a writ of deceipt vpon the

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 Incumbanâ—iâ— 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 Prebendaâ—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 quibusdaâ— causis iustis rationalibus me specialiter mâ—uent vltrÃ² sponte dedisse serenissimo Domino â—â—stro Ed. 6. Angliae c. supremo Capiti totorâ—â— 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 respiâ—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

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