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	king_n	writ_n	2,416	5	9.3359	5	true

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

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