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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

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they dyed without heirs of their Bodies between them begotten the Land so given should revert to the giver or his heir that yet the Doners by their Deed and Feofment might disinherit their Issue of the Land CONTRARY TO THE MINDE OF THE GIVERS and CONTCARY TO THE FORM EXPRESSED IN THE GIFT And likewise bar the Doners of their Reversions though DIRECTLY REPVGNANT TO THE FORM OF THE GIFT which SEEMED VERY HARD TO THE GIVERS AND THEIR HEIRS THAT THEIR WILL EXPRESSED IN THE GIFT WAS NOT OBSERVED and the like it seemed to the whole Parliament which to prevent such injury injustice and unreasonable dealing for the future and perceiving HOW NECESSARY EXPEDIENT IT SHOVLD BE TO PROVIDE REMEDY in the foresayd cases ordained That THE WILL OF THE GIVER according to the form of the Deed of Gift manifestly expressed SHALL BE FROM HENCE FORTH OBSERVED So that they to whom the Land was given under such condition SHALL HAVE NO POWER TO ALIEN THE LAND SO GIVEN but that it shall remain to the issue of them by whom it was given after their death or shall revert to the Donor OR HIS HEIRS if issue fail The substance of which Law we find thus ratified in the very Gospel Gal. 3. 15. Brethren I speak after the manner of men though it be but a mans Testament yet if it be confirmed NO MAN DISANVLLETH IT or addeth thereto The Justice and equity of this Statute is very pregnant and pertinent to the case of Patrons Adowsons and the Fabricks Lands and Endowments originally given by them or their Ancestors to the Church And Incumbents and their Successors in these four particulars 1. It resolves it to be both just rationable equitable that the Founders and Donors of Lands Glebs Revenues and Tiths to Parish Churches or Chappels and their Heirs and Grantees after them should perpetually enjoy the Patronages Advowsons and Reversions of them which they commonly or specially reserved to them upon their Original Foundations and Endowments So as to present unto them upon every vacancy as well as the Donors in tayl and their Heirs enjoy the Reversions of all Lands given and granted by them to others and that i by general construction of Law as well as by their own special Reservation 2. That it is as hard unjust and injurious to take away or debar them of their right of Advowsons and presentations upon voydances or of the fayl Fabrick Rectories Glebes and other Endowments conferred by them on Parish Churches for publique Assemblies and the maintenance of Gods Worship and the Incumben●s only and to no other uses in case all Parish Churches Rectories Glebes Tithes be voted down and abolished is many now strenuously endeavor as it is to debar defraud deprive Donors in tayl and their Hei●s or Grantees of the Reversions reserved on their Gifts and Grants in ●ayl after the decease of the Tenants without issue or Founders of Abbies and other Corporations of their k Eschetes after the Corporations expi●ation or dissolution 3. That it is as unjust unconscionable illegal for any Incumbents to alien or change their Churches Rector●es or Glebes in any kind to the prejudice of his Successor against the will and intention of the Founders as for a Tenant in ●ayl thus to prejudice or disinherit his issue against the Donors express will especially without the Patrons consent and concurence And therefore l all such Alienations and changes are either voyd or voydable by our Laws either by the succeeding Incumbents by an actual entry or Juris utrum and the like or ●lse by the Patrons by a writ of contraformam Collationis in whom the Right and Inheritance of the Church resides not in the Incumbent nor yet properly in alyance a meer idle fiction as our Law-books vainly fancy 4. That it is both unrighteous impious yea Sacrilegious to rob godly Ministers and people of the Inheritance Possession Use Benefit of those Churches Chappels Rectories Glebes Tithes which our pious Ancestors have Solemnly devoted and dedicated to them against their manifest wills intentions yea m Solemn Execrations and Anathemaes mentioned in their original Charters of Foundation and Dedication and to turn them to any other prophane uses Yea a gross injury and indignity to the Patrons of them whose original Right to Advowsons and Presentations I shall now briefly manifest out of Histories Canonists and common Law books In the beginning of Christianity the Apostles and Ministers of the Gospel next succeeding them as is evident by the n Acts of the Apostles Pauls several Epistles to the Churches of Rome Ephesus Corinth Colosse Philippi Thessalonica all famous Cities Tit. 1. 5. and o Ecclesiastical Histories first preached the Gospel fixed their residence planted gathered erected Churches both of converted Jews and Gentiles only in chief Cities of great resort from whence the Gospel spreading it self by degrees into adjacent Country villages and places more remote and the multitudes of Christians so increasing that the Churches first erected in these great Cities could not contain them nor the Believers in the Country Villages by reason of their necessary occasions and remotenesse conveniently frequently and constantly repair to Gods publick Ordinances in these City Churches every Lords day and on other times after Christian Assemblies upon special occasions p thereupon some Christians began to erect Churches Chappels and Oratories in Country Villages by publick Contributions of well-affected Converts at first supplyed by such Ministers who resided with the Evangelical Bishops and Ministers of these Cities as part of their Families Which Churches and Oratories being afterwards burnt or Demolished in most places and in this our Iland by Dioclesian and other Persecuting Pagan Emperours it pleased God to raise up q Constantine the Great our famous Countryman born at York and the first Christian Emperour to be an extraordinary Nursing Father as Helena his Mother to be a great Nursing Mother to his Church who vanquishing and putting to death the grand Persecutor Licinius demolished Pagan Idols Temples Idolatry throughout the Rom●n Empire caused the Gospel to be freely preached throughout his Dominions and erected divers stately Churches for Gods publick worship in several places endowing them with Lands and Revenues to support and encourage the Ministers of the Gospel officiating in them by whose pious Munificence and P● other Christian Kings Princes Nobles and Landed persons in his Reign and succeeding ages at their own proper costs and expences built convenient stately Churches Chappels Oratories in all Christian Realms and in this our Iland within their respective Mannors Lordships Lands Territories neer their own Mannor or Mansion Houses for the most part as we see at this day by ocular experience in most places of England and other Nations for themselves their Wives Children Families Tenants ease and convenience where they might constantly meet together to hear Gods Word Pray receive the Sacraments worship God and enjoy all publick Ordinances for the better