Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	court_n	justice_n	writ_n	1,630	5	9.1550	5	false

Text snippets containing the quad

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

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