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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
kingdom_n	england_n	king_n	procure_v	2,367	5	9.8198	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11213	The poore vicars plea Declaring, that a competencie of meanes is due to them out of the tithes of their seuerall parishes, notwithstanding the impropriations. Written by Thomas Ryves Dr. of the Ciuile Lawes.	Ryves, Thomas, Sir, 1583?-1652.	1620 (1620)	STC 21478; ESTC S116301	50,156	162

my purpose is not at this time to perswade a Parlament to make a Law but to prooue vnto the world That the Law is of force alreadie and wanteth nothing but a fit and a willing hand to put it in execution In pursuit of which point I list not frame vnto my selfe an aduerse partie Rather I wish that the iustice of the cause may neuer finde an enemie Neither will I be curious in forging Arguments against mine owne opinion for that were but like tilting at a Sarazens head Onely I will shew that all those Statutes which most properly concerne this matter make nothing against but altogether for the Vicars maintenance in such sort as hath beene before declared wishing and hoping also That some religious Professour of the Common Law may hereafter vpon these poore grounds of mine goe on and maintaine this cause of GOD and of his Church with more strength of witt and force of Arguments then I am able to doe in a point which doeth not so properly belong vnto mine owne profession The Statutes therefore that principally ●7 31. H. 8. 1. Edw. 6. in England 28. 32. H. 8. in Ireland concerne this matter are those of 27. and 31. Henry 8. and 1. Edward 6. in England and those of 28. and 32. of Henry 8. heere in Ireland to the same effect All made for the dissoluing suppressing surrendring and taking into the Kings hands the Monasteries Free-Chappels and other religious houses in both these Kingdomes In these Statutes it is intended that the King shall haue and hold the said Monasteries with their Parsonages appropriate and other lands in as large and ample manner and forme as the late Abbat or Prior held them at the time of the dissolution suppression or other giuing vp of the same for so say the Statutes His Maiestie shall haue and enioy to him and his heires for euer all and singular such Monasteries and tithes and in as large and ample manner as the Abbats now haue them in the right of their Houses And in another place of the same Statute it is said That the Takers from the King shall haue and hold all such lands c. And shall haue all such Suites Actions Entries c. in like manner forme and condition c. And in another passage That the King shall hold them in the same state and condition as now they be c. Which words of manner forme state and condition are not to bee restrained as I conceiue to the present and actuall possession of the Abbat at the day of the dissolution but to the vniuersall right which he had in the name of his House And therefore wee finde it sometimes added in those Statutes Or of right ought to haue had held or occupied the same at the time of the dissolution For whether the Abbat had any thing vniustly detained from him the King succeeding in his right had action to recouer it because the Abbat might and of right ought to haue recouered the same Or whether the Abbat owed any thing to any man or wrongfully detained from any man the King or his Grantee standing seised in his right might bee impleaded for it because there was no more passed to the King then the Abbat ought of right to haue possessed And therefore the law chargeth the King with the paiment of all the due debts of the Abbats or their Houses by the Statute 27. Henry 8. in England not printed Whereas therefore it is said That the King shall hold those lands and Impropriations in the same manner forme and state as the Prior did at the time of the dissolution I take the meaning to be that hee shall enioy them by vertue of that Act with the same limitations priuiledges and burdens as the Prior did As for example The Templars held their lands exempt from paiment of tithes not simply but sub modo scilicet quamdiu propriis manibus excoluntur wherefore sub eodem modo and in the same forme and state the King doth and ought to hold those lands exempt from paiment of tithes vnto this day And that this is so and that those Acts of dissolution did not onely looke to the present actuall estate of those lands but had an eye to the whole right of the Abbats and to all future possibilities appeareth plainely by a Case of the 11. of the late Queene reported by Dier 11. Elizabeth Dier Where a Prior of a late dissolued house of St. Iohn of Ierusalem had long before the dissolutiō made a lease of the Mannor of D. for terme of yeeres vnto A. which A. beeing tenant did pay tithes of the said Mannor to the Abbey of Rochester Vpon the dissolution the King granted the reuersion of the said Mannor in fee vnto one Stathome and his heires Afterwards the lease expired and Stathome taking the land into his owne hands refused to pay tithes alleaging that the Mannor was passed to him To haue and to hold the same in as ample manner as the Prior held it c. And further declared in Chancery That the said Prior so long as hee held it in his owne hands was discharged from paiment of tithes by a priuiledge from Rome as all the Cistertians Hospitalers and Templars were And vpon consideration of the Statute of 27. Henry 8. It was resolued by Catlin Saunders Southcote and Dier and vpon their opinion it was accordingly decreed by the Lord Keeper that then was That the said Stathome and his heires should hold the said Mannor discharged from paiment of tithes Tanque a ceo quils ceo lesseront misseront a ferme i. vntill such time as they should let it out to farme for sub hoc modo was the priuiledge granted to the Prior and sub eodem modo was the land to bee held by the King and from him by Stathome and his heires By the same reason if at the time of the dissolution the Prior had held it in his owne hands and consequently it had come to the King and from him to Stathome discharged from tithes in the beginning yet if afterwards he had let it out to a Farmer his Farmer should not at this day bee discharged because the Priors farmer was to pay it notwithstanding the priuiledge And Stathome was to hold it In such and in like ample manner True but in no more ample manner then the Prior did Now the Prior was to hold it discharged from paiment of tithes no longer then while hee held it in his owne hands therefore also Stathome shall hold it in the same manner and with the same limitation This haue I heard deliuered by men of good sufficiency and skill in the Common Lawes And Dier seemeth to auerre as much when he saith Tanque à ceo quils ceo lesseront misseront à ferme Implying thereby That so soone as it should fall into a Farmers hands the priuiledge should be suspended as being not Simple but Modall and restrained

THE POORE VICARS PLEA Declaring that a competencie of meanes is due to them out of the Tithes of their seuerall Parishes notwithstanding the Impropriations Written by THOMAS RYVES Dr. of the Ciuile Lawes Ad tenuitatem Beneficiorum necessariò sequitur ignorantia Sacerdotum Panormit LONDON Printed by IOHN BILL AN. DOM. M. DC XX. DIEV ET MON DROIT TO HIS SACRED MAIESTIE MOST Religious and Gracious Souereigne As it is not vnknowen to the world in how miserable a plight our poore Church of IRELAND standeth at this present So wee of that Kingdome know right well and with all thankefulnesse acknowledge that your Maiestie hath euer made it one of your most Princely and Christian cares to raise her vp againe if by any meanes you could out of the dust and to set her among the Daughters as sometimes you did her Sister of SCOTLAND which formerly lay buried vnder the like heape of Impropriations as the other doeth at this present time The knowledge whereof dread Souereigne hath emboldened mee the meanest of all the Professours of the Lawes to present this short Discourse vnto your Highnesse wherein I haue endeauoured to prooue that the poore Ministers of that Church ought to be more competently prouided for then now they are and that out of the Tithes belonging to their seuerall Churches not by Praerogatiue whereof your Maiestie is euer sparefull but by a due course of Law alreadie there established Wishing from my heart that this cause of GOD and of his Church had found an Aduocate answerable to the dignitie and iustice of it As it is I shall humbly beseech your Maiestie that neither the unworthinesse of my person neither yet the vnlikelihood of the matter be any preiudice to the worth and trueth of the cause it selfe but rather that your Highnesse will vouchsafe to looke downe upon this poore endeavour of your humble Seruant with a fauourable eye and to supply those manifold defects which may happily bee found in the handling of so great and difficult a cause out of that abundant and incomparable treasure of Learning and Wisedome which GOD hath so richly endowed your Princely minde withall In hope whereof with my humble prayers to Almightie GOD for the preseruation of your Maiesties long and prosperous Reigne I rest Your Highnesse most loyall Subiect and humble seruant THO. RYVES THE POORE VICARS PLEA for Tithes THe prosperous and happie peace which this poore Kingdome of Ireland hath of late yeeres inioyed is such as neither our Fathers euer saw nor can bee sampled out of any Records or Histories of former ages The plough now walketh without feare the wayfaring man trauaileth without danger the lawes are executed in euery place alike Cocherings are reduced to Chiefe-rents The poore Tenant beginneth to stand for his right against his tyrannizing and cutting Landlord The name of a Kerne is almost forgotten The woods and fastnes are left for beasts The men are drawen to Villages and Townes and all reduced thanked bee God to a measure of good ciuility Onely the Church in this common ioy mourneth looking pale and wan as if she had been either newly taken out of a burning feuer or came lately flying out of a bloody battell The Churches in most places lie waste and where Churches are there want rather Ministers able to instruct the people then people capable of instruction So that if his Maiestie should bee pleased to cast his eye vpon the Temporall and Ecclesiasticall estate of this his kingdome both at once he might well sigh in himselfe and say as sometime King Dauid did Ecce Ego nunc habito in domo cedrina ● Lib. Chronic. c. 17 v. 1. dum arca foederis sub aulaeis Neither is the cause of this her pouertie and extreme calamitie hard to be discerned would God the remedie were as easie to bee found The sole cause therefore of this her miserie is the multitude of Benefices long since taken from the dayly Ministers of the Churches and conuerted to other vses But principally and in greaest number appropriated to the luxury of the Monks For there was an age when Christian Religion seemed to consist onely in building of Monasteries and in bestowing large reuenues vpon them when they were built But those Monkeries as they were from the beginning exceeding burdensome to the Temporall estate of all kingdomes in which they were erected so in short time they grew banefull to the Churches by reason of the multitude of Church liuings which they procured dayly to bee appropriated to their vses wherupon it was that among other grieuances which the Christian Nations complained of in the Councell of Constance whereof they required reformation this was one That the number of Vnions and Incorporations that is to say of Appropriations was ouer much increased in all kingdomes And the Councell thereupon decreed That all such Appropriations as had bin in certain yeeres before should be reuersed Yet with this reseruation viz. Vnlesse they were made vpon iust and lawfull causes which was nothing else but to blind the eyes of the world and to send away the complainants cōtent for the present The Councell of Trent Concil Trident. Sess 7. also not long after reuoked all Appropriations which had been made in fourtie yeeres before But I could neuer finde that this Canon tooke effect any more then that other of Constance did Sure I am that the French writers complaine that they haue been as frequent in France since that Councill as before and so frequent that the Vniuersities which by a laudable custome of that Realme haue a right of Nomination to a Petr. Rebuffus Tracta nominat●●num third part of the Benefices therein together with the Secular Clergie and Lay-Patrons finding no measure in them nor other remedie against them vse to appeale from them as from abuses to the high Court of Parliament in that Kingdome Neither haue these Monasteries done more harme to the Church in themselues then they haue by their example For from them Chantries Colledges Hospitals and Nunneries learned to procure Appropriations to be made vnto them By meanes whereof the seuerall Parishes throughout Christendome began in short time to grow destitute of learned Teachers and by this occasion more then by any other fell from ciuilitie to barbarisme and from the knowledge of true Religion to grosse ignorance and meere superstition But of all Kingdomes of the Christian world I suppose that neuer any was so surcharged and ruined with this heauy burden as this poore Kingdome of Ireland hath beene and is For the more barbarous the people was the more were they addicted to superstition and the more superstitious the more easie to be wrought vpon in this kinde To instance in one for all I haue obserued out of an olde Liger booke of the Abbey Regist Sancti Thome in le Breminghams Tour Dublin of S. Thomas neere Dublin a house of no very olde foundation That in few yeeres after it was erected