Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	belong_v	hereditament_n	tenement_n	1,510	5	10.3033	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

26 H. 8. Extract è Record Primitiarum per annum ultra lx s. solut pro feud Raphael Rawlins Collect. dict proum Cenag cum Pentecostal 64 l. 10 s. x 2 inde 6 l. 9 s. Here is plainly set down the true worth and full value of the Archdeaconry of Gl. in Procurations Synodals and Pentecostals to wit 64 l. 10 s. And for prevention of future cavil as if the present opposition had been so many years agoe foreseen it is expressed per annum too for that 's the matter of grievance so much yearly worth And what would we more to make the matter plain He doth in my opinion little other then Nodum in scirpo quaerere and consequently beat the aire that useth means to evade a payment so apparently clear and evident Add to all this continual perception and collection of these duties by Archdeacons even from the time of the valuation of them in Anno 26 H. 8. unto this present and tenths as before I have said paid out of them yearly to the Crown for all that time I suppose there is none alive that can contradict it et quod non disprobatur praesumitur such Books and Acquittances as I have seen and I have seen some that are ancient all testifying the same Besides I never heard of any that stood out a suit against this payment that upon a judiciall hearing or trial ever prevailed in the principal cause and point of right but was alwayes overthrown in the litigation and comepelled to pay charges And as for the Act of Parliament Thus much I find conducing to my purpose in Anno 34 Hen. 8. c. 16. IF any person or persons being Farmer or Occupier of any Manors Rastal Abridgment Pensions Lands Tenements Parsonages Benefices or other Hereditaments of any of the said late Monasteries or Ecclesiasticall houses or places or belonging to them or any of them by the Kings Highness gift grant sale exchange or otherwise out of which premisses any such Pensions Portions Corrodies Indemnities Synodies or Proxies or any other profits have been heretofore lawfully going out answered or paid to any of the Archbishops Bishops Archdeacons and other Ecclesiasticall persons above-said doe at any time after the first day of April next comming wilfully deny the payment thereof at the dayes of payment heretofore accustomed of any of the said Pensions Portions Corrodies Indemnities Synodies Proxies or any other profits whereof the said Archbishops Bishops Archdeacons or other Ecclesiastical persons were in possession at or within ten years next before the time of the Dissolution of any such Monastery or other Ecclesiastical houses or places that then it shall be lawfull for the same Archbishops Bishops Archdeacons or other Ecclesiasticall persons aforesaid being so denied to be satisfied and paid thereof and having right to the same thing in demand to make such process as well against every such person and persons as shall so deny payment of the same Pensions Portions Corodies Proxies Indemnities Synodies or any other profits which of right ought to be paid as is aforesaid as against the Church or Churches charged with the same as heretofore they have lawfully done and as by and according to the Laws and Statutes of this Realm they may now lawfully doe for the true payment and recovery thereof And if the party Defendant be lawfully convict in any such suit cause or matter according to the Ecclesiasticall Lawes then the party Plaintiffe shall have and recover against the party Defendant the thing in demand and the value thereof in dammages with his costs for his Suit c. By this Act it is plain that all such payments as issued out of Parsonages Benefices or other Hereditaments of the said late Monasteries to any Archbishop Bishop Archdeacon c. at or within ten years next before the time of the Dissolution should be still continued and duly paid as before Now the Procurations or Proxies were yearly due The Record hath its ground from an Act of Parliament of 26 H. 8. The suppression of Abbies follows in 31 ejusdem Regis and paid within lesse then six years before the Dissolution appeareth plainly by the preceding Record Therefore yet to be paid according to the fore-recited Act. But perhaps it will be objected Why was there a Provision made by Act of Parliament for payment of these duties out of Parsonages c. belonging unto Monasteries and not out of others in like manner in the then possession of spirituall Incumbents I answer It seems to me that this Proviso was made by the clemency of the King and the indulgency of the Parliament to secure the rights of the Church to the true owners thereof that haply might be passed away and in hazard to be utterly lost by the Kings Grant to Lay-persons And this to be the ground and reason of that Provision is clearly demonstrated in the latter part of the same Act of 34. Hen. 8. where there is a course prescribed how such persons in such Cases should have remedy and in what Court they should commence suit for the recovery of their subtracted rights viz. in the Court of Augmentation of the Revenue of the Kings Crown and not elsewhere These be the words of the Act whereunto I referre the Reader Now there needed no such Act or caution as before is mentioned no such Proviso to secure the Visitors duties from the invasion of spiritual Incumbents of whose Promotions or Benefices the King made no sale nor medled withal but left them entire reserving to himself upon the return of the Certificate of their true value only an yearly Tenth but with an exact deduction first of all such summe or summes of money Procurations or whatever else he then found them yearly charged withall which being so allowed to the spirituall Incumbent I conceive that those that the Lawes and Statutes of this Realm have qualified and made capable of such receits and such are Archbishops Bishops Archdeacons c. may lawfully at their respective accustomed times according to the fore-recited Act require and so ought to receive them till authority shall alter the course But to this point I hope there is enough said already To draw now towards a conclusion These Reasons that I have here urged together with those formerly mentioned make me to think that Procurations are not payable as my friend thinks Ratione lummodo visitationis no but sometimes Custome hath its place as all Canonists that I have read upon the point doe unanimously acknowledge yea those or suck like reasons moved a very learned Civilian Dr. Cosens sometime Dean of the Arches writing of the quality of rights Ecclesiastical and how they became due amongst other things saith D Cosen Polit. Ecclesiae Angl. ●ab 8. Pensiones indemnitatis Procurationes ratione visitationis PLERUNQ praestandae He doth not say as my friend saith that they are only so due but Plerunque so Now what Plerunque signifies is a little to be enquired after That it comes near to the signification which corresponds to his fancy no Grammarian I am sure will allow Plerunque is never found to carry the sense that solummodò doth but that it yieldeth the same sense and signification that interdum doth Civilians well know Vlpian l. Falsus ff de Furt●s and I acknowledge And in so doing I render him but small advantage and my self as little prejudice I hold my assertion still There is jus consuetudinarium a right of Custome by which Procurations are sometimes and ought as I suppose so to be And the sole reason of that payment dependeth not upon the Act of Visitation only alwaies as my friend would have it I have done with this business God grant that what it aims at it may effect Peace peace I say either by submitting to Truth or convincing by Truth Amen Amen 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 LEt the Reader be pleased to take notice as fit to be known that the aforegoing Discourse and Appendix were written in the time of Dr. Robinson late Archdeacon of Gloucester deceased and not altered in this Impression from what they then were examined and prepared in Order to the Presse except the mistakes in Printing of which the most material I have here noted others of mispointing and misaccenting with some other literal escapes I pray the courteous Reader to make use of his Pen to amend or his Patience to forbear what 's amiss Page 7. line 4. read came Pa. 9. l. 11. r. us Pa. 10. l. 21. r. Lions Pa. 19. l. 3. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pa. 23. l. 16. r. Praelatus Pa. 24. l. 16. r payment Pa. 26. l. 8. r. subsistit Pa. 26. l. 15. r. praescripta Pa. 31. l. 13. r. is l. 24. r. imputari Pa. 85. l. 21. r. Parochial and so elsewhere Pa. 90. l. 6. r. rise Pa. 126. l 6. r. Nathaniel Pa 128. l. 15. r. this Pa. 132. l. 24 r. personaliter Pa. 136. l. 6. r. Canon