Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	court_n	king_n	plea_n	3,508	5	9.7258	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

our Churches and all the Bounty Piety Charity of our Religious Ancestors to Gods Church and Ministers most impiously s●cralegiously dissipated substracted prophaned invaded plundered demolished perverted to quite contrary uses and the Heires Successors Assignes of all such who at their proper costs first built our Parish Churches and endowed them with Rectories Glebes Tithes out of their own Lands and Inheritances most inju●iously ungratefully desp●efully disinherited and deprived of their anc●ent unquestionable lawfull Rights to present any future Encu●bents to them wh●n voyd disabled * contrary to our Lawes and com●on ●quity which resolve they ought to revert to the Donors and Founders and their Heirs to rep●ssesse those Rectories Gl●bes Tithes Endowm●n●s ther Ancesters fr●●ly conferred on them being made a pry to Strangers who can pretend no colour of Title to them by any Lawes of God or Man and may by like violence and injustice seise upon their M●ors Lands as well as upon their Advowsons Rectores Churches which are appendant to them To prevent these desperate Plots now strenuously pursued and involved in this one designe against Patrons Rights and Advowsons I shall briefly relate the true original of our Parish Churches and of Patrons Titles to present Encumbe●ts to them unknown to most which will fully discover the equity justice of this their Right which some deem unreasonable and injurious to the Parishioners and then present you with a full Jury of legal writs and remedies provided by the Common and Statute Lawes of England for the defence and preservation of Patrons Interests in their Advowsons Churches against all Invasions or Vsurpations on them to their prejudice The Title Advocate from which the word Advowson is derived or to which at least it relates is attributed to our Saviour Jesus Christ himself 1 John 2. 1. the Advocate general of the whole Church and every particular person unto God the Father to plead their cause and make intercession on their behalf Michael 7. 9. Lamentations 3. 58. 1 Samuel 24. 15. c. 25. 39. Psal. 35. 1. Psal. 43. 1. Psal. 119. 154. Prov. 22. 23. c. 23. 11. chap. 31. 9. Jer. 50. 34. chap. 51. 36. Job 16. 2● Isay 5● 12. Rom. 8. 26. 34. chap. 11. 2. Heb. 7. 25. Which well explain both the Office and D●ty of our Advocates of our Churches being the same in substance with that of known Advocates Pleaders or Counsellors at Law for their Cl●rts in Courts of publique Justice for which you may consult Federicus Lindebrogus and Sr. Henry Spelman in their Gl●ssaries Calvins Lexicon Jurid●cum Summa Angelica Rosella Hostiencis Antonius Corsetus his Repertorium and Thomas Zerulu his Praxis Episcopalis titled Advocatus The Title Patronus or Patron of a Church is of the self-same signification and imports the same Office and Duty as Advocatus and it is somewhat more large then it implying not only a Patronage Protection or Defence of the Incumbents Churches cause when there is need in Courts of Justice by way of Plea or Intercession as Advocate properly doth but also their Defence and Patronage by the Sword in the field when assaulted by open armed Adversaries Sacrilegious Church Robbers or bloudy Persecutors as the ancient Othes of our Kings and Knights of all sorts when invested in that Dignity abundantly evidence by the Pen when invaded by Hereticks and Shismaticks upon which account the Pope bestowed the Title of e PATRON or DEFENDER OF THE FAITH upon our King Henry the Eight for writing in Defence thereof as he conceived against Luther and likewise by the purse by supporting repairing the Fabricks of the Churches they o● their Predecessors first erected as there is occasion by endowing them with convenient maintenance or encreasing their Dowry where incompetent by providing against its alienation diminution substraction and recovering it when invaded diminished or substracted by others or alienated d●lapidated or unjustly incumbred with Annuities or other charges by the Incumbents without their privities or assents and in one word in becoming Nursing Fathers and Nursing Mothers to the Churches and Ministers whereof they are Patrons according to that of Isay 49. 23. c. 60. 10. Rev. 21. 24. 26. Hence the f Master and Lord of any servants or enfranchised Slaves was stiled Patronus their Patron and they sayd to be in PATROCINIO EJVS as you may read at large in Fredericus Lindebrogus his Glossarium and Codex Legum Antiquarum Leges Wisigothorum l. 8. Tit. 1. L●x 3. 4. Leges Longobardorum lib. 1. Tit. 8. Lex 31. Leges Burgundiorum Addit 2. sect. 2. and that because they were bound to protect defend maintain feed and provide for their servants for which by the Roman Law Libertus PATRONO donum munus operas d●b●bat D●gest lib. 38. Tit. Cod. l 6. Tit. 3. as Incumbents ought to instruct pray for expresse their gratitude to their Patrons in a Christian and civil though not i● a corrupt or Symoniacal way and to sow unto them spiritual things because they reap their carnal things 1 Cor. 9. 11. Phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9 10 11. 2 Timothy 1. 16. 17. 18. g The Emperor of Germany heretofore was usually st●led ADVOCATVS and DEFENSOR ECLESIAE in his Imperial Title as Henry the eighth and the Kings of England since were stiled Defendor of the fait● H●nce those two verses over the Cou●sel-Chamber door in Guilds Hall London Carolus Henricus vivant DEFENSOR uterque Henricus FIDEI Carolus ECCLESIAE The reason of which Title was because the Emperor Charls when Crowned at Bologna by Pope Clement the seventh took this solemn Oath Ego Corolus c. Pollicior testificor atque juro me in posterum pro viribus ingenio et facultatibus meis Pontificiae Dignitatis et ROMANAE ECCLESIAE PERPETVVM FORE DEFENSOREM nec ullam ecclesiasticae Libertati vim illaturam Sed potestatem jurisdictionem et dominationem ipsius quoad ejus fieri potest CONSERVATVRVM And the Emperor Ferdidand the second in the Articles of Capitulation with the Princes Electors promised during all his Raign Vniversam Christianitatem c. Et CHRISTIANAM ECCLESIAM TAN QVAM ILLIVS ADVOCATVS FIDELI PROTECTIONE CONSERVARE Yea some of the old Kings of Sicile used Titles in their stile somewhat like this as CHRSTIANORVM ADIVTOR CLYPEVS ET DEFENSOR as Mr Selden observes out of Scipion Mazzella Descrit De. Napoli p. 471. These general Titles of theirs in relation to the whole Church Faith Ministers and Christians within their Dominions being dirived from the S●les and Titles of Advocates and Patrons of particular Parish Churches in use some hundreds of Years before them And this may suffice for the Title Office and Duty of Advocates and Patrons of Churches The h Statute of Westminster the 2. 13. E. 1. c. 1. recites That before its making if a man gave Lands to a man and the heirs of their bodies upon express condition that if

libet attemptare Praecipue cum promissa cederent manifeste in Exhaeredationem Iuris Coronae Regni Angliae Regiae Dignitatis ac subversionem Status ejusdem Regni notoriam Nec non in praejudicium libertatis consuetudinum legum paternarum All which Nobles were as zealous in defence maintenance of the Great Charter and other their Lawes and Liberties that very year and 25. Ed. 1. against the Kings encroachment by Taxes or otherwise as against the Popes which appears by n our Historians and the Statutes of 25. E. 1. c. 1. and 28 E. 3. c. 1. in both which they caused the great Charter of England and of the Forrest to be confirmed in all points AS THE COMMON LAVV OF THE LAND both by the Kings Great Seal and by new Acts of Parliament enacting that all Judgements given by the Justices or any other Ministers that hold plea before them against the points of this Charter shall be undone and holden for nought That this Charter shall be sent under the Kings Seal to all Cathedrall Churches throughout the Realm there to remain and that it shall be read before the people twice a year That all Archbishops and Bishops shall pronounce Sentence of Excommunication twice a year against all those that BY VVORD DEED OR COUNSELL DOE CONTRARY TO THE FORESAID CHARTERS or that IN ANY POINT BREAK OR UNDO THEM who accordingly by a solemn form of Excommunication did Exommunicate and accurse all those that in any point did resist or break these Charters and Ordinances or IN ANY MANNER HEREAFTER procure counsell or any way assent to resist or break them or go about it BY VVORD OR DEED OPENLY OR PRIVILY BY ANY MANNER OF PRETEENCE OR COLOUR and sequester and exclude them from the Body of our Lord Jesus Christ and from all the company of heaven and from all the Sacraments of Holy Church Enacting further that the Great Charters of the Liberties of England should be delivered to every Sheriffe of England under the Kings Seal to be read four times in the year before the people in the full County and firmly observed in every point And that there should be chosen in every shire Court by the Commonalty of the same shire three substantiall Knights or other lawfull wise and well disposed persons to be assigned Justices under the Kings Great Seal to hear and determine without any VVrit but onely their Commission Such plaints as shall be made against all those that commit or offend against any point contained in the said Charters in the Shires where they be assigned as well within Franchises as without and to hear the plaints from day to day without any delay or delayes which be at the Common Law and to punish all such as shall be attainted of any Trespasse contrary to any point of the aforesaid Charters where remedy was not before at the Common Law by Imprisonment Fine or Ame●ciament according to the Trespasse Yea the Parliament of 42 E. 3. c. 1. held these great Charters such unalterable Fundamentall Laws and Priviledges that it not onely enacts they shall be holden and kept in all points but further IF ANY STATUTE BE MADE TO THE CONTRARY IT SHALL BE HOLDEN FOR NONE VVhich Law continues yet unrepealed Yea the whole House of Lords Commons the last Parliament were so zealous for the observation and perpetuation of Magna Charta the Petition of Right as unalterable Fundamentall Laws not to be repealed neglected altered violated upon any pr●tence being so just and absolutely necessary for the peoples Liberty and safety the Supreme Law that in their o Remonstrance to the late King 15. Decemb. 1641. in their Propositions sent to him afterwards 2 June 1642 ●hey earnestly pressed the King that for the better preservation of the Laws and peoples Rights and Liberties ●rom Invasion and u●urpation on them All Counselleu●s and publick Officers of State Judges Justices and Sheriffes should be * specially sworn to the due Observation and Execution of the great Charter the Petition of Right and all other Laws that concern the Subjects in their Rights and Liberties and that the Judges and Justices should be carefull and particularly Sworn to give these Laws in Charge to the Grand jury at every Assises Sessions and likewise every Term in the Kings Bench and to make diligent enquiry of the breaches of them in any kinde to be presented and punished according to Law as the onely means to make and preserve us a free and happy People It seems a strange miracle therefore unto me that any person should be so impudently presumptuous as to deny these Laws or any other to be Fundamentall to hold them alterable and repealable in part or in whole at any prevailing Factions arbitrary pleasure and to publish it by Authority after so many bloody costly old and new contests for their Defence and Perpetuity when as all expected rather such Oathes and wayes as these forecited for their future establishment And so much the rather because the late New-nodellers of our State and the greatest swaying Grandees amongst us in their printed Declaration 17 March 1648. Expressing the grounds of their late Proceedings against the King and of setling the present Government in the way of a Free State without King or House of Lords have given this high Encomium of our Laws and Engagement for their inviolable continuance p. 23 24 25. That they are GOOD and EXCELLENT LAWS enjoyed by our Ancesters long before the Conquest and have ever since continued in all former Changes without abrogation as the badges of our Freedom That our Ancesters spent much of their blood to have them confirmed by the great Charter of our Liberties and being duly executed are the most just free and equall of any other Laws in the world That the Liberty Property and Peace of the Subject are most fully preserved by them That they known their own particular Interests and that they most intended the common Interest of those they served was not possible to be preserved without these Laws which if they should be taken away all industry must cease All Misery Bloud and Confusion would follow and greater Calamities if possible then any faln upon us by the late Kings misgovernment would certainly involve all persons under which they must inevitably perish Whereupon they thus conclude These arguments are sufficient to PERSWADE ALL MEN but not this Pamphleter p Culpeper Lilly with other Jesuiticall and Anabaptisticall Furies against our Lawes to be CONTENTED TO SUBMIT THEIR LIVES and FORTUNES TO THESE JUST and LONG APPROVED RULES OF LAW with which they are already so fully acquainted and NOT TO BELIEVE THAT THE PARLIAMENT so they stile themselves INTENDS THE ABROGATION OF THEM BUT TO CONTINUE AND MAINTAIN THE LAWES OF THE NATION especially THAT MOST EXCELLENT LAVV OF THE PETITION OF RIGHT The violation of which they there charge against the King as one principle crime for

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

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

conversion edification consolation and salvation of their Souls And for the encouragement and maintenance of able Ministers constantly to reside and officiate in them in all succeeding ages for the benefit of their Posterity and Gods greater glory they did out of their own Lands and Inheritances freely endow the Ministers of these respective Churches and their successors for ever with competent and convenient houses Rectories Glebes Tithes Rents Revenues by special Charters and Instruments r many of them yet Extant with general and special warranties against all claiming under them and dreadfull execrations against all such persons who should sacrilegiously endeavour to d●fra●d or deprive God or his Ministers in part or in whole of what they had thus dedicated and devoted to them In some of which foundations and endowments of Charters ſ two or more Lords and Landed men concurred where they had Lands in common or contiguous but in most of them one Lord alone where the Mannors were large and entire Now because both the Soil whereon these Churches were built together with the Church-yards thereto annexed for interring the dead these Fabricks of the Churches with the Parsonage Houses Rectories Glebes Revenues and Tithes thereto annexed for the Ministers maintenance proceeded originally from these Founders Bounty Piety Donation and no way from the Parishioners who were but the Founders Tenants Servants or Children and held their Lands from by or under them charged with such Tithes as they first granted out of them to the Ministers still allowed to them in their Leases Fines Purchases in all succeeding ages by a proportionable defalcation according to their ordinary valuation both the t Common Canon Civil Lawes of our own and other Realms and the very Dictates of Reason Iustice Equity held it reasonable just equitable that these pious bountifull Founders and Benefactors should reserve the full and absolute power of bestowing conferring the Rectories Benefices Tithes and Profits of these Churches upon every avoydance by death resignation cessein translation deprivation or otherwise on such incumbent Ministers as themselves their Heirs and Assigns should nominate and make choyse of for their Ministers and Chaplains it being held both unjust unreasonable unconscionable injurious and ingrate that the Parishioners or other strangers who contributed nothing towards the Fabricks Soil or Endowments of these Churches and paid no Tithes but what originally proceeded from the Patrons grants allowed to them in their Fines and purchases should deprive them of or intercommon with them in their Right of Presentation upon any voydances it being the Founders meer Courtesie Piety favour to admit them and their Posterities free accesse at all times to these Churches which they Founded not and to reap the spiritual benefit of these Ministers and Ordinances which they maintained not at their own free cost but these Founders and Patrons only as it is at this day a meer Grace and Favour in our Inns of Court Colleges and some Noblemen and Gentlemen in the Country to permit their Neighbours and Strangers free accesse to their private Chappels in their Houses to the Ordinances there dispensed by their own hired Chaplains and Preachers Angelus de Clavasio in his Summa Angelica Tit. Jus Patronatus Panormitan with other Canonists and Sir Edward Cook in his Institutes upon Littleton f. 17. 6. 113. informs us That the Right of presenting an Encumbent to the Church was first gained by such as were Founders Benefactors or Maintainers of the Church by their means viz. Ratione Fundationis as where the Ancester was Founder of the Church or Repairer thereof being quite Demolished Or Ratione Dotationis where he endows the Church Or Ratione Fundi as where he gave the Soil whereon the Church was built Perchance in some cases these three were distinguished but for the most part all three concurred in the selfsame persons who both gave the Soyl Fabrick and Endowments of the Church for the maintenance of Gods publick worship out of their pious munificence now grown quite out of date and reputed by many no better than Prodigal superstition who would be deemed Saints of the greatest magnitude though inspired with a fanatique infernal zeal only to eat up Gods House diametrically contrary to the zeal of our pious Ancestors yea of holy David and our Saviour himself of both which we find it thus recorded in holy writ Psal. 69. 9. John 2. 15 16 17. The zeal of thine House hath eaten me up as it did the zealous Founders and Patrons of our Churches in times of lesse Light but far greater heat than now This Right of presenting Encumbents to Churches thus gained by the first Founders Endowers and Maintainers of them was by the Common Canon and Civil Law stiled v Jus Patronatus Advocatio Jus Presentandi c. and in English A Patronage or Advowson And he who enjoyed this Right of Patronage Presentation or Advowson was stiled Patronus or Advocatus a Patron or Advocate because he was to defend and patronize the Churches and Excumbents Right and Title upon all occasions in all Courts of Justice as Advocates use to dafend their Clients Causes advow justifie them when ever * prayed in ayd or called upon by the Encumbent for to do it Hence Bracton l. 4. f. 240. Fleta l. 5. c. 14. and Cook out of them describe a Patron or Advocate Advocatus est ad quem pertinet Ius Advocationis alterius Ecclsiae ut ad Ecclesiam nomine proprio non alieno possit praesentare And Angelus de Clavasio Panormitan with other Canonists thus define a Ius Patronatus est Ius hon●r●ficum onerosum utile olicui competens in Ecclesia pro eo quod Diocesani consensu eam construxit fundavit vel dotavit ipse vel is a quo causam habuit Et dicitur honorificum quia habet honorem praesentandi Rectorem quia sine ejus praesentatiane si Episcopus vel alius Prelatus instituit ipso lure est nulla Onerosum dicitur quia Patronus tenetur defendere Ecclesiam ne bona indebite dilapidentur utile dicitur si venirit etiam quia sivenerit ad in opiam tenitur Ecclesia ex redditibus ultra necessaria remanentibus alimentare Patronum pinguius quam alios pauperes This Right of Advowson the Bishop in some places confirmed to the Founder Endower or his Heir by putting a Robe or such like on him at the Dedication an example whereof we find in the life of x Ulrique Bishop of Auspurg in one of his dedications about the year 950. where Consecratione peracta d●teque contradita comprotato illic Presbytero Altaris procurationem commendavit ECCLESIAE ADVOCATIONEM FIRMITER LEGITIMO HAEREDI PANNO IMPOSITO COMMENDAVIT This Right of Foundership cannot be eschete or be forfeited 24 E. 3. 72. Brook Eschete 9. This Right of Patronage and Presentation in respect to Churches is the very same in reason equity justice substance with the y