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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

176. Che Sopra c. That above All Other Things HE the French King should endeavour to keep the Government of GREAT BRITAIN DIVIDED and DISUNITED f by upholding the weakest party that the other might not make it selfe over powerful Reducing the three Kingdomes of ENGLAND SCOTLAND and IRELAND TO BE DIVIDED either BY NOMINATING OTHER KINGS or BY REDUCING IT TO A COMMON●WEALTH yet with this Caution that WHEN IT IS REDUCED TO A COMMON-WEALTH so to order it THAT IT MAY NOT BE ENTIRELY ONE BUT DIVIDED For Republiques ever enemies to potent Neighbours ought to be suspected by the State of France How successfully these Plots have been pursued we all visibly behold and feel by sad experience The Lord open our hearts to consider it now at last and prevent our intended ruine by them before it be over-late I confesse I have ever met with very poor Encouragements and g manifold grand Discouragements Affronts from pretended Christian friends as well as Foes and men of all sorts for writing publishing or acting any thing for the Common-weal defence safety of our Church State Religion Laws and publique Liberties or discovering any Jesuitical Designs to undermine them having been so ingratefully requited so despitefully used by seising my Writings Papers Letters Records Books denying me the use of pen ink paper books intelligence by letters or free conference with any the liberty of Gods own publique Ordinances to omit all publique Injurious calumnies censures corporal sufferings and cooping me up for many years close Prisoner in remotest parts under strictest Guards of purpose to hinder me from such good publique services to my great temporal losse Republikes prejudice But the cordial zeal love duty I bear to my great Saviour Deliverer Enlarger his Church Ministers People Truth Cause and the Weal of my Native Countrey Religion Nation have engaged me to neglect contemn all Difficulties Remoraes Oppositions to do them all the Services I can in my Generation to adventure my estate liberty life and spend all m● studies in their behalfe according to the impulse of my Conscience expecting my whole h reward in Heaven above what ever befalls me for it here And this this only without private ends sinister respects or prejudice against any sincere Patriots designes or real publique endeavours for our Churches or Nations settlement upon i sure foundations of Justice Righteousnesse Truth Piety Sincerity restitution of all to their just Rights and Publique Liberty hath engaged me to the compiling of this short and I hope seasonable useful Plea for Patrons and occasionally for our fundamental Laws and Liberties now struck at which I humbly submit to thy impartial censure being a Theam which few or none have purposely and particularly handled and commend with my prayers to Gods Tuition and Benediction alone to whom I devote it Farewell JUS PATRONATVS OR A Breif Legal and Rational Plea for Advowsons c. THE present Injurious that I say not unrighteous Designe of some Anabaptistical and Jesuitical furies to abrogate all Advowsons and strip all Patrons of their ancient legal just hereditary Rights to present any future Clerks and Encumbents to Ecclesiastical Benefices or Parochial Churches by meer Arbitrary illegal Votes without any Judicial Sommons hearing or legal trial by their Peers cont●ary to the expresse letter of the great Charter of England ch. 1. and 29. the statutes of 25. E. 3. ch. 4. 28. E. 3. ch. 5. 37. E. 3. ch. 18. The petition of right 3. Caroli the Common Law of England the Liberty and Property of the subject after so many years bloody contests for their pretended if not intended defence hath engaged me to compile this short Apology and Plea for Patrons just Rights of Presentation to those Churches whereof they have the Advowsons against this unparraleld usurpation on them for the information of the Ignorant conviction of the seduced and Refutation of the obstinate Promoters of this destructive project covertly containing in its bowels these particulars of great concernment which should excite all true Patrons Lovers of our Religion Church Ministers Ministry Lawes and publ●que liberty to abominate and oppugn it 1. A Jesuitical and a Anabaptistical plot to suppresse subvert all our Parochial Ministers together with their Ministry throughout the Nation at once which will n●c●ssa●r●ly easily and speedily be effected when deprived of the legal Patronage countenance assistance of their Patrons and exposed to the arbitrary Injustice of these new Projectors and their Agents 2. A like designe to b Abolish all Parochial Congregations and then to demolish to the ground all Parish Churches and Chappels for if they were * razed to the ground IT WOULD BE WELL writes Canne or else to dispose of them otherwise and better to such Anabaptists and Iesuites as will freely declare the misteries of the Gospel or rather of c iniquity to the people for a time and then fl●ece them afterwards 3. A Sacrilegious project to d abrogate all our Ministers ancient maintenance by Tythes Glebes Rectories and dispose of them to other uses to starve and famish both them and their Successors by taking away the food and maintenance whereby hither to they have been nourished fed and kept alive They are Cannes very words such is his unchristian charity and Antichristian cru●lty towards our Ministers and their Families 4. A present erection of a new unordained vagrant itinerant irregular stipendiary Ministry if it deserve that title fixed to no certain place in leive of Parochial Ministers wandring up and down throughout the Nation like the preaching Friers and Jesuites in foraign parts and some Anabaptistical predicants at home to vent their Anabaptistical Jesuitical Monkish Errors Heresies Blasphemies Innovations Whim●ies to divide and distract the people into endlesse Sects Schismes Conventicles Heresies Contentions Factions in all Parishes Places to the utter desolation of our Church subvertion of our established Protestant Religion and enslaving of our Nation at last to the Antichristian tyrany of the Pope Jesuites and Spanish Monarch A plot long since layd for this very purpose by that Arch-Traytor to our Church and State Robert Persons the Engl●sh Jesuit in his Memorial for Reformation written at Sevil in Spain 1596 as you may read at large in William Watson his Quodlibets Printed 1602. p. 92. 93. 144. 289. William Clark his Reply to Father Parsons L●ble published 1603. fol. 74. 75 both Seminary Priests and Parsons h●s own Manifestation fol. 56. 57. Yet now eagerly prosecuted by John Cann● in his voyce p. 24. to 30. and other Anabap●ists who are but the * Jesuits instruments confederates in all these Designs 5. A Jesuitical project to draw a general Infamy Odium D●testation upon our Religion and Nation throughout the Christian World for Sacriligious Rapines viol●nce Injustice and to discourage all Charitable well-affected people in our Nation from all future publique works of Piety and Charity when they shall behold the Fabrikes Endowments Revenues of

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 Vsurpations 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 Lam. 3. 35 36. To turn aside the RIGHT of a man before the face of a Superiour to subvert a man in his CAVSE the Lord delighteth not Job 34. 17. 30. Shall even he that hateth RIGHT Govern c. Whether it be done against a Nation or man onely that the hypocrite reign not lest the people be ensnared Mich. 2. 1 2 3 4 5. Wo to them that devise iniquity and work evil upon their beds when the morning is ligh they practise it because it is IN THE POWER OF THEIR HAND And they covet fields and take them BY VIOLENCE and Houses and take them away So they oppresse or defraud a man and his House even a man and HIS HERITAGE Therefore thus saith the Lord Be old against this family do I devise an evil from which ye shall not remove your necks neither shall ye go haughtily for this time is evil c. London Printed for Edward Thomas and are to be sold by him dwelling in Green Arbour 1654. To the Unprejudiced READER Courteous Reader PReventing Physick being ever held more safe then removing I presume this Jus Patronatus and Brief Plea for Patrons of our Churches Rights though it come forth some * months after the sodain unexpected Votes against them without hearing or summons will neither seem unseasonable nor unnecessary seeing it may prove a Special Antidote and Demurrer to its future execution or revival to the prejudice of our Church Ministers Religion Nation in general and disinheriting all Patrons of their Antient Just and Legal Inheritances and Advowsons in particular I conceive the Power Animosity Activity Hopes of the Jesuitical and Anabaptistical Contrivers Prosecutors of that grand Design and Vote are not yet so inconsiderable despicable dead or languishing in these times of sodain great Revolutions Changes of our Government and Governors three of which we have unexpectedly seen and admired at within the space of ten whole months but that they still expect during this running wheel of our fluctuating State Church affaires a those spokes in few months time may possibly be uppermost which now are low or lowest and those who now are highest securest as low as the very dust Peruse but these sac e l Texts Dan. 4. 29. to 34. Dan. 5. throughout specially v. 30 31. Judges 1. 4. to 8. Exod. 14. and 15. 2 Kings 7. 7 8 9. 10. c. 19. 35 36. Prov. 24. 21 22. c. 29. 1. Psal. 90. 5 6 7. 2 Sam. c. 15. and 16. and 18. and 19. Esther c. 5. to 10. Psal. 73. 18 19. Job 20. 4 5. c. Psal. 37. Psal. 92. 6 7. Job 1. and 2. and 42. Mich. 7. 8. 9. Isay 10. and 13. With other Texts and consider the sodain great changes Revolutions recorded in them both in relation to Kings Kingdomes Nations Armies Grandees Rulers good and bad Saints and Sinners Jews and Gentiles and then the Highest and most Secure who know not what one day may bring forth Prov. 27. 1. Jam. 4. 13. c. may yet justly fear expect changes in our Church State and prepare to prevent all Plots and Designs for the ruine of both long since layd by Thomas Campanella De Monarchia Hispaniae c. 25. 27. c. the Jesuit Parsons discovered by Watson in his Quodlibets Carddinal Richelieu and others since vigorously prosecuted by our forraign Common Popish Adversaries and their Agents under a pretext of friendship and other specious ends to effect our a Desolation in conclusion The chief Particulars whereof in respect to our Religion are c To put all Churches Colledges Lands Rectories Tithes Revenues into Feoffees hands to allow only arbitrary Pensions out of them to Ministers and Schollers for their maintenance and convert the rest to other uses To erect Itinerary Predicants fixed to no certain places instead of Parochial Ministers allowed and chosen only by a select Committee not presented by our Patrons To broach old Heresies and new Opinions in Religion by Jesuitical Emissaries and Seminaries in all places To sow the seeds of Schisms and Divisions not only in Divinity but likewise in Philosophy and all other Arts and Sciences to distract and divide us To promote and cry up the study of Astrology to alienate mens minds from Religion and Piety To set up new Orders Sects Religions and procure a general toleration of all Religions To revile and disgrace our antient Ministry Ministers question all antient Truths Principles of Religion and Articles of the Creed which Joannis Baptista Poza and some other English and Spanish Jesuites have done as you may read at large in Societatis Jesu NOVUM FIDEI SYMBOLUM and in Impia scelerata horrenda ANGLICORUM HISPANICORUM JESUITARUM CENSURA IN SYMBOLUM APOSTOLORUM printed 1641. at the end of Alphonsi de Vargas Toletani Relatio ad Reges Principes Christianos De Stratagematis Sophismatis Societatis Jesu ad Monarchiam orbis terrarum sibi conficiendam out of which all the late Blasphemous Monstrous Opinions and Heresies broached amongst us have been originally extracted and vented by the Jesuites under other Disguises as those who compare them may at first discover What their Designs have been to change and ruine our Monarchy Kingdomes Government Lawes State you may read at large in Thomas Companelle De Monarchia Hisp. c. 25. 27. Watsons Q●odlibets specially p. 309. to 334. Romes Master-piece Hidden works of Darknesse brought to publique Light and my Speech in Parliament Take the main of all in the Politique Instructions of that Arch-Machiavilian Cardinal Richeleiu who after d he had by the Jesuites and Popes Nuncioes assistance raised the first Wars between England and Scotland e promoted foment●d the horrid Rebellion in Ireland and raised an unnatural Division and Warre between our King and Parliment in his life recommended these Instructions to the French King and Mazerin his successor at his death An. 1642. since published to the World by a noble Italian Earl Conti de Galeazzo Gualdo Priorato in his Historia part 3. printed at Venice in quarto Anno 1648. in Italian and dedicated to the King of Poland p. 175.

Clerk in nostri ac Mandati Nostri praedicti contemptum Executionis Judicii praedicti retardationem ipsius A DAMNUM NON MODICUM ET GRAVAMEN If the Bishop shew good cause he shall be excused or else fired for his contempt dammage prejudice to the Patron The Eight is the Writ of * quare Incumbravit directed to the Bishop summoning him to appear before the Kings Justices in case when he incumbers and fils the Church pending any suit in the Kings Court by a Writ of Assise Right or quare Impedit contrary to the Writ of Ne admittas directed to him by means whereof the true Patrons Clerk when he recovers cannot be admitted freely thereunto in ipsius DAMNUM NON MODICUM ET GRAVAMEN CONTRA LEGEM CONSUETUDINEM REGNI NOSTRI For which if he can shew no good cause he shall be fined and the incumbrance removed The Nineth is * a Writ of Prohibition to the Bishop prohibiting him to hold Plea in Court Christian DE ADVOCATIONE Ecclesiae de N. vel Medietatis vel Tertiae partis vel quatiae partis Ecclesiae de N. unde G. queritur quod R. Episcopus Sarum trahit eos in placitum coram vobis in Curia Christianitatis quia placita DE ADVOCATIONIBUS ECCLESIARUM Spectant ad Coronam Dignitatem nostram And if the Bishop proceed in this Plea to the Patrons or Kings prejudice an Attachment shall issue out against him and he shall be imprisoned and fined for this contempt and his temporalities seised The Tenth is a Writ of * Judicavit where two Incumbents of two neighbour Churches presented by several Patrons implead one another in the Bishops Court for Tithes as belonging to their Churches amounting to the moity third or fourth part of the Tithes or any lesser part before Articuli Cleri c. 2. then either of the Patrons might sue a Writ of Judicavit out of the Kings Court to the Bishop to prohibit and stay the suit in the Bishops Court till the right of Tithes were determined in the Kings Court because else the Patron as the Writ suggests jacturam Advocationis suae incurreret si praedictus C. in causa illa obtineret For the Advowson would be so much the worse as the value of the Tithes formerly belonging thereto and recovered from his Incumbent in the Bishops Court amounted unto This Writ discovers how carefull our Kings Common Laws were to preserve the right of Patrons from the least prejudice or diminution by their own Incumbents or any others The Eleventh is the Writ Ad Iura Regia which lyes where the King is Patron or hath right to present or others interrupt or disturbe his right of Presentation or Incumbent when presented before or after Iudgement given for him in any Spirituall Court by appeal c. or Buls from Rome to the dishonour and prejudice of the King and the rights of his Crown In which case the parties for their contempt shall be attached committed to prison and exemplarily punished as appears by the Register of Writs f. 61 62 63 64. to which I remit the Reader The Twelfth is a Praemunire in cases when any shall procure or execute any Exemptions or Buls from the Pope as the Cistertians did to be exempted from payment of Tithes to the prejudice of the Patrons in their Advowsons as well as of the Incumbents A severe penalty inflicted on them by the Statute of 2 H. 4. c. 4. which Statute as Printed because it mentions nothing at all relating to Patrons I shall therefore transcribe the Petition in Parliament and the Act made thereupon verbatim out of the Parliament Roll it self which is most punctual full and considerable ●et unknown to most Lawyers as well as Patrons whom it concerns 2 H. 4. Rot. Parl. num 41. Item a Petition was delivered in Parliament touching the Ordering of Cistertians or Cisteux the which by the Kings commandement was sent to the Commons for to be advised of and deliver their advice thereon of which Petition the words here ensue May it please Our most Gracious Lord the King to consider that whereas time out of memory the Religious men of the Order of Cisteux of your Realm of England have paid all manner of Tithes of their Lands Tenements and Possessions let to Farm or manured and occupied by other persons than themselves and likewise of all manner of things titheable being and kept upon the said Lands Tenements and Possessions as fully and intirely and in the same manner as the other Leiges or Subjects of your said Realm Yet so it is that now of late the said Religious have purchased a Bull of our most holy Father the Pope by the which our said most holy Father hath granted to the said Religious and others your Leiges That they shall pay no tithes of their Lands Meadows Tenements Possessions Woods Beasts or any other things albeit they are or shall be leased or farmed out any title of prescription or right acquired or which may hereafter be acquired to the contrary notwithstanding The which pursuit and grant are apparently against the Laws and customs of your Realm by reason that diverse Compositions reall and Indenture are made between many of the said Religious and other your Leiges of the prise of such Tithes also because that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the said Benefices within whose limits and bounds they are and so if the said Bull shall be executed as well you our most doubted Lord as your Leiges PATRONS OF THE SAID BENEFICES SHAL LOSE YOUR ADVOWSONS OF THE SAID BENEFICES IN GREAT PART and the Conusance of them which in this behalf appertaineth and in all times hath belonged to your Regality shal be discussed in Court Christian against the said Laws and Customs and to avoid the great trouble and commotion which may arise amongst your people by notion and execution of such novelties within your Realm May it therefore please your Majesty by assent of the Lords and Commons assembled in this present Parliament to ordain that if the said Religious or any other put or shall put the said Bull in execution in any manner that then he or those who put or shall put this Bull in execution shal be put out of your Protection by Processe duly made in this behalf and their goods forfeited to you lost and that as a work of charity Which Petition being read and considered was answered in these words following It is accorded by the King and Lords in Parliament that the Order of Cisteux shall stand in the state it was before the time of the Buls purchased comprised in this Petition and that as well those of the said Order as all others Religious and Seculars of what estate or condition soever they shall be who shall put the said Buls in execution or heretofore have

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