Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	acre_n	hold_v	manor_n	1,525	5	9.8459	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93865	An historical discourse, briefly setting forth the nature of procurations, and how they were anciently paid, with the reason of their payment; and somewhat also of synodals and pentecostals: with an appendix in answer to an opposer. By J.S.	J. S. John Stephens.	1661 (1661)	Wing S5448; Thomason E1057_9; ESTC R34604	60,663	159

Grantee of the Annuity enter upon this land that entry neither suspends nor extinguisheth the Annuity for the land is not charged but the person in respect of the land for if the land were charged it should not be an Annuity only but a Rent-charge and should be recovered by Distress and Avowry which remedy the Law yields not for a meer Annuity Also upon assignment over of such Annuity Attornment should be necessary which needs not upon the assignment of an Annuity as is noted by Yaxley 21 H. 7.1 b. This point is made more clear 10 E. 4.10 a. An Abbat brings a Scire facias against a Vicar upon judgement in an Annuity being against the Vicars Predecessor The Defendant said that the Annuity issued out of the Manor of B and the Tythes Oblations and Obventions of the Vicaridge which Manor and Tythes make the Vicaridge and that the Plaintiff had made entry upon 43 acres parcel of the manor and had taken the Tythes Hereupon judgement was desired whether he ought to have execution And the whole Court held that it was no plea because that this recovery was upon a Writ of Annuity for in the Writ of Annuity the person only is charged and not the land and to say that he had made entry upon that land where by his suit it appeared that the rent issued not out of the land is no plea. And it is also there resolved that in an Annuity against an Abbat upon the title of Prescription it is no plea That the Plaintiff had entred into parcell of the possessions of the Abbey And in an Annuity against an Heir though he shall not be charged if he hold not by Descent yet 't is no plea to say that the Plaintiff had entred into the land descending But 21 H. 7. the case is more strong A Parson of a Church was charged with an Annuity to another Parson by Praescription The Parsonage out of which the Annuity was payable was appropriate to the Priory of Aliens which Priory being suppressed by Ed. 3. was granted by Parliament to H. 5. Afterward E. 4. grants the Parsonage Impropriate to the Dean of St. Stephens against whom a Writ of Annuity is brought by the Parson that had the Annuity by prescription And the Opinion of the Court was That the Annuity was not extinguished by the grant of the Parsonage to H. 5. by Act of Parliament though there be no Saving thereof and that this Annuity is not given inclusive with the Rectory for the Rectory was not charged with the Annuity but the person of the Rector only And albeit the payment of this Annuity might be suspended in the hands of the King yet when the King had passed a Grant of the Parsonage it should revive As to Tythes those are part of the profits of land and doe arise and renew from and out of land and yet they shall not be extinct by unity of Possession because they are originally due in a personall respect For the ignorance and weakness of Lay persons which needed instruction and confirmation in matter of Religion was the originall cause of the payment of Tythes And the Parson of a Church claims not Tythes in respect of land but in respect of the person of his Parishioner And that unity of possession doth not extinguish Tythes Vide 30 H. 8. Dier 43. 32 H. 8. Br. Dismes 17. And this Case of Dismes is a parallel of the Case of Proxies with which in all points it doth concurre For even as Instruction was the cause of payment of Tythes so Visitation which was alwaies accompanied with Instruction Littleton ca. de Frank almoigne 30. b. was the cause of Proxies and as ●yths are now due payable to Lay persons who have purchased impropriate Rectories though they give no Instruction So Proxies are due and payable to Ordinaries out of Impropriations and Religious Houses dissolved though their Visitation cease And as there can be no Praescription de non decimando as 't is commonly said in our Books So the Canon Law hath a Rule Quòd nulla est adversus Procurationem Praescriptio Instit. juris Canonicil 2. de Censibus And therefore Proxies which resemble Tythes in other points may well be compared to them in this point viz. that they shall not be subject to extinguishment by unity of Possession Thus have I imparted the whole Case of Proxies which haply came into my hands after I had penned for my own private use the foregoing Treatise which I the rather have set down at large to the end that any party grieved at this payment might by weighing all circumstances in the Case either receive information for his satisfaction or advantage if there it be to be found for his ease And having thus farre forth travelled in the business I leave both my self and my labour in this particular to the charitable censure of the discreet and courteous Reader For my part I hope there is no man suspects me partiall nor shall find me so this knowing age will soon discover such a fault and being found not suffer it to pass without touch of reprehension To be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 equally ballanced inclining neither to this or that hand but with my uttermost endeavour to press and facilitate the way towards Truth and Peace was the resolution I' brought with me when first I setled upon this argument I say Truth and Peace were before mine eyes as my principall objects which if I be not so happy as to find it will excuse that I have cordially sought To speak it in a word what I could gather up at the shoars and shallowes Littus enim legi not adventuring to launch into the Ocean I have faithfully to my power communicated concerning the point of Procurations And now what shall I more say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Concil Nicen. Can. 6. let not any private spirit by overmuch curiosity and study of Innovation causelesly goe about to move things well settled out of their ancient places nor without evident inconvenience discovered and judged by the eye of authority so much as think of the word Alteration but let antient Customes stand The wisdome of all times giving us to understand from the nature of man so pronely addicted to change of what evil consequence such attempt may fall out to be by the difficulty * 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. F●●dar Pyth. Od. 4. p. 112. that is found oftimes to follow in the resetling of things hastily and inconsiderately distrubed in their former station and place But I have done with this point and do now descend to enquire after another Ecclesiasticall payment namely Synodals De Synodalibus FOrasmuch as I have here taken upon me to treat of this Synodal due I think it not incongruous to say however little yet something of the Synod it self because at that time it was usually paid Now of Synods there are found sundry kinds Occumenical National Provincial and Diocesan Oecumenicall