Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	case_n	heir_n	tail_n	2,529	5	9.7722	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20574	A compleat parson: or, A description of advovvsons, or church-liuing Wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. With many other things concerning the same matter, as they were deliuered at severall readings at New-Inne, / by I. Doderidge, anno, 1602, 1603. And now published for a common good, by W.I.	Doddridge, John, Sir, 1555-1628.; W. I., 17th cent.	1630 (1630)	STC 6980; ESTC S109763	45,102	102

principale But at this day the Law is contrary so that if a man be seisie of a Mannor and the entrie of the Diseissee being lawfull the Advowson becommeth voyde the Disseissee may present to the Church before his entry into his Mannor but if the Disseisor bee seisie of a Mannor by disseisin to which an Advowson is appendant and the Church becomes voyd so that the disseisor presenteth whereupon the Clarke is admitted Instituted and Inducted it seemeth that the disseisee in this case shall not haue his Quare Impedit to recouer his presentation vnlesse he first enter into the Mannor to which the Advowson was appendant and though hee enter yet he shall be driuen to his action Yet if a man be seisie of a Mannor to which an Advowson is appendant and bee disseisied of the same Mannor and the Church becomes void and the Disseisor presenteth one that is admitted Instituted and Inducted and so continueth parson sometime after if afterward the Advowson become voide now is not the Advowson so gained by such vsurpation but if that I that was deseisied enter into the Mannor I may againe present to the Advowson because the former vsurpation was a meane betweene the disseisin and the reentrie by which reentrie the Disseisors estate as well in the Advowson as in the Mannor is clearely defeated But it is otherwise of an Advowson in grosse in which case the Patron shall be driuen to his Writ of right so likewise if I be seisie of a Mannor to which an Advowson is appendant and afterward the Church becomes voyd and I present and be disturbed and after I be deseisied of the Mannor here I shall bring my Quare Impedit and recover my presentation before I enter into the same Mannor And so much is said where the entrie of him that hath right is lawfull in the principall but where the entrie is not lawfull there he shall not present to the Advowson vnlesse recontinuing the principall and therefore if a man bee seisied of a Mannor to which an Advowson is appendant and be disseisied if the Disseisor dye seisied and the Church become voyd the dissiessee shall not present to the Church vnlesse hee first recover the Mannor If Tenant in tayle bee seisied of a Mannor to which an Advowson is appendant and maketh discontinuance of the same Mannor and after dyeth if the Church become voyd the issue in taile shall not present therevnto vntill hee hath recovered the Mannor by Formedon to which the Advowson was appendant Likewise if a man bee seisied of a Mannor in right of his wife c. and both discontinueth the Mannor with the Advowson and the Husband dyeth if afterward the Church become voyde the wife shall not present vntill shee hath recontinued the Mannor by Cui in vita but forasmuch as the Statute of the 30. H. 8. 28. giueth in such case power to the wife or her heires to enter into the Land so aliened The Law at this present day must of necessity bee taken that the Wife or her heires in the former case may present without recontinuance of the Mannor for that that the same Statute ordained then that such alienation c. Feoffement act or acts made or done by the Husband shall not bee nor make in any manner any discontinuance thereof or be preiudiciall to her or her heires The former rule hath an exception in this manner yet notwithstanding the entrie being not lawfull in the principall yet if the Advowson be severed and in any manner cannot bee recovered then may the party wronged notwithstanding present without recontinuance of the principall As if a man before the Statute of the 32. H. 8. 28. be seisied of a Mannor in right of his Wife to which an Advowson is appendant and giueth to an Estranger the same Mannor or parcell thereof with the Advowson in ●e● and dyeth afterward the Church becommeth voyde and the Estranger presenteth and then Alleneth the Land to another in see sauing the Advowson and now the Church becomes voyde the wife in such case may present to the Church without any recontinuance of the Land discontinued to which the Advowson was appendant Quare therefore in the 5. H. 7. 36 where it is holden that if there be tenant in tayle of a Mannor to which there is an Advowson appendant and he alieneth the Mannor with the Advowson in ●ee and the Discontinued granteth the Advowson to another in Fe● severing it from the Mannor the issue in tayle shall not present vntill such time as hee hath recontinued the Mannor neuerthelesse if a remitter bee of the principall hee that is so remitted may present to the Advowson the next time that it becommeth voyd notwithstanding any vsurpation thereof before had For if Tenant in tayle bee of a Mannor to which an Advowson is appendant and discontinueth the same and the Discontinuee granteth the Advowson to another in fee and afterward reenfeofeth the tenant in tayle of the Mannor who dyeth seysied of the Mannor now his heyre shall present to the Advowson when it becommeth voyde and if hee be disturbed hee shall haue a Quare Impedit because hee is remitted to the Mannor and hath not any remedie otherwise to come to the Advowson But vpon the other part if tenant in tayle bee seisie of a Mannor to which an Advowson is appendant and discontinueth the same and afterward the Church becomes voyde and the tenant in tayle presenteth to the Church by vsurpation it seemeth by the better opinion of the 5. H. 7. 36. 38. that hee is not remitted to the Advowson for that that his ancient right therevnto was as to an Advowson appendant but now it is in grosse But if the tenant in tayle had aliened the same to an Estranger in fee and after dyeth notwithstanding that hee take the rents and services that afterward discendeth to the Issue yet is the issue therevnto remitted because such rents and services are parcell of the Mannor and not appendant And so it was likewise before the said Statute of 3a H. 8. if a man bee seisie of a Mannor which is an Advowson appendant in right of his wife and discontinueth the same Mannor and after the Church becomes void and he presenteth to the Church by vsurpation and dyeth hauing issue by the wife and the wife also dyeth the issue in this case is not remitted to the Advowson for the reasons before shewed hereof it en●ueth likewise as before partly hath appeared that in all cases where there is a Mannor to which an Advowson is appendant and the Mannor with the Advowson is aliened with wrongfull conueyance and the entrye of him that hath right is not taken away there may hee present to the Church without recontinuance of the Mannor to which the Advowson is appendant and therefore if a man make a lease for life of a Mannor to which an Advowson is appendant if the lessee for life make a Feofment in fee of the

this learning dependeth are the things before mentioned As Churches Chaunteries and Chappels presentatiue and such like Churches are of three sorts Cathedrall Collegiall and Patrochiall A Cathedrall Church is the seate or Church of a Bishop and therefore he onely may be said Incumbent thereof Collegiall or Conuentuall Churches are such as in times past haue beene in Priories Abbies or such like and are still in Colledges Patrochial Churches are well knowne and are those Ad quem plebs convenit ad percipienda Sacramenta Baptismatis Corporis Christi vnde pabulum ad animas sustentandas libere suscipiunt for the Incumbent thereof is onely charged with the cure of Soules And it is commonly called by the name of Rectorie which is into two sorts diuided being eyther a Parsonage or a Vicarage And so much briefly for the name matter and substance of Advowsons The former cause or manner of this Inheritance yeeldeth forth the vsuall and ordinarie distinctions of Advowsons to bee eyther appendant or in grosse or part appendant part in grosse eyther for a certaine time or in respect of certaine persons The efficient Causes of a Parsonage are 1. Ratione Dotationis 2. Ratione Fundationis 3. Ratione Fundi Ratione Dotationis is when hee or those from whom he deriues his interest endowed the same Church Ratione Fundationis is when he or his Ancestors or those from whom he claimes his interest were founders of the same Church Ratione Fundi is when the Church was built vpon his or their Land from whom he deriues his interest or all three together as appeareth by the verse vsed amongst the Cannonists Patronum faciunt dos edificatio fundus The vsuall cause or causes why Patronages of Churches are giuen by the Law and bestowed vpon Lay-men is and were Vt inducantur laici ad fundationem constructionem Desetionem Ecclesia The fruit and effect of a Parsonage consisteth in those three things Honos Onus Vtilitas The Honour attributed to a Patron consisteth in his right of presentment In the discourse whereof I shall afterward consider what is required before the same can bee attempted then what the nature of presentation is and lastly what is required for the making of a full and perfect Incumbent Before the presentation can bee lawfully made it is meet that the Church become void and of avoidance our Law taketh notice the same being triable thereby The manner and meanes how an Avoydance groweth is eyther Temporall or Spirituall 1 Temporall by the Death of the Incumbent 2 Spirituall and this is in diuers manners that is to say by Resignation Depriuation Creation session and entrie into Religion As touching presentation we are to see first what it is then who shall present afterwards what person may be presented and last of all in what manner the same must be done Those things that are required to make a perfect Incumbent after the presentation had dependeth vpon the Dutie of the Ordinarie As first Admission which requireth examination of the Clarke whereupon sometime ensueth a refusall and thereupon either notice or no notice as the case requireth is to be giuen to the patron If the Clarke be admitted then he must bee instituted wee are then to see what Institution is and what is the effect thereof vpon which ought to ensue Induction thereinto likewise we must see what it is by whom it is to bee performed and what it doth import If the Patron be remisse and doth not present within the time limitted then incurreth the lapps of the Patron to the Bishop and from the Bishop to the Metropolitan and from him to the Crowne where it resteth but if the Bishop take his time then is his presentation a Collation and in the right of the patron himselfe 2 The second effect of a personage which is Onus resteth onely in the defence of the Churches possessions to which the Patron and Ordinarie by aide prayer are to bee called by the Incumbent for the defence of the same to auoid such charges and incumbrances as are vnduly laid thereupon 3 As touching the third which is Vtilitie we haue not any thing to doe with it in our law but we must leaue the Consideration thereof to the Cannon law for this Vtilitie is imployed for the sustentation of the patron for if hee or his posteritie being patrons doe fall to decay then the incumbent of the fruites of the Church by compulsarie Censure of the Ordinarie according to that law is to be enforced to make Contribution to them All writs concerning this kind of Inheritance are either giuen to the patron or Incumbent Writs giuen to the Patron are of two sorts for either he demandeth his inheritance or presentation against the possessor of the patronage or hee attempts suit against the Ordinarie for either not doing or doing his Duty vnduly In euery action brought against him that pretendeth possession it is to be intended that eyther he is lawfully or vnlawfully possessed The vnlawfull possessor is the vsurper against whom onely lyeth three Writs which the Statute speaketh of namely One of the right as the writ of right of Advowson and the other two of the possession as a Quare Imp and Darraigne presentment Against the lawfull possessor lyeth the writ of Dower for the wife of him that Dyed seized of such estate as she might ●e endowed of and a Cessavit of the land against the Tenant But no Formedon lyeth for the issue in taile in Discender nor for any in the remainder nor for the Donor in the re●●rter for that that if the Advowson be in grosse it cannot properly be discontinued and being appendant it is to bee recontinued by the same meanes that the land to which it is appendant is to be recovered The Incumbent as touching his right for his Rectorie hath the onely Writ of Iuris vtrun● and for his possession any other possessarie action For if another happen during his presentation to be presented by the same Patron or doe come into the same Church by course of the Law so that the patronage commeth into Debate their lyeth a spoliation it being a suite in the Spirituall Court LECT 2. The Right that both the Patron and Ordinarie hath ioyntly to intermeddle with the Church IN the former Lecture or Reading hauing deliuered in the proiect a Discourse of Advowsons briefly discouering their Name nature Divisions consequents causes effects and Incidents of the Patronage Now it remaineth in like manner to prosecute euery of those parts then but pointed at with a more large and ample explication First therefore it is to be considered that in euery Benefice three persons haue intrest That is to say the Parson hath a Spirituall possession The Ordinarie to see the Cure serued And the Patron hath Ius presentandi Hence it is that I haue said that a Patronage is a right of presentation therefore it is called Ius

that an Advowson is parcell of a Mannor vpon the other part those which affirme that an Advowson is not parcell but onely appendant to the Mannor denyeth that an Advowson lyeth in Tenure for that that only the principall thing is holden and not the thing appendant to such principall As Leates Co●●ts Estreates Way●es and the like for said they if an Advowson appendant be by grant seuered from the Mannor it is holden by such and the same seruices as it was holden by before for that that if the Advowson be seuered it should be holden pro perticula thē the Services should be encreased and so double Services should be due for one thing for so he should haue the entyre seruices for the Mannor and also Service for the Advowson beeing seuered which is repugnant to reason In this varietie of opinions I thinke it were most conformable to reason to say that an Advowson is not part nor parcell of a Mannor but rather appendent to a Mannor for the better entendment whereof the Law of England calleth those sorts of Inheritances which are annexed to others and what the Logicians call Aduncta by these names that is to say Incidents appurtenants appendants and regardants of which termes of Law Regardant is properly of Villeines and the word Appendant of a Common or an Advowson of which two an Advowson is separable but a common appendant is not in any case separable for none can haue common appendant but hee onely that hath the Land to which the common appendant is appendant The other two words Incidents and Appurtenances may generally bee affirmed of all those sorts of Inheritances that may in any manner bee annexed to other things for so a Mannor with his appurtenances may be intended of Advowsons Commons Villeines Waifes Estrayes and the like which are said to be Appurtenances to a Mannor likewise the word Appurtenant may be applyed to a Court Messuage or Gardein that are said to be appurtenant to the Messuage the word incident properly signifieth those things annexed which are not knowne by the precedent names of appurtenants or appendants and yet are notwithstanding annexed to other Inheritances and in such sort a Court baron is incident to a Manor a Court of Pipowders to a faire fealtie to Homage homage to Escuage so likewise a Corrody is incident to a Foundership and againe of those some are seuerable as the Corrodie from the Foundership some are inseuerable as the Court-barron from the Mannor except onely in case of the King who hath power to seuer them But that is called a part or parcell which is a portion and required to some composition of entyre and compound things as the Demeanes and services are part of a Mannor the Gleebe and the Tythes are part of the Rectory so that these are not to be called Incidents Appendants Appurtenants but parts and portions of these compound things of which they are said to be part parcell or portions and are required necessarily to the framing of such entyre thing of which they are parts and portions hereof it followeth that an Advowson appendant is not any part parcell or portion of a Mannor no more then a common is part of that thing to which it is appendant so that the word it selfe of an Advowson appendant is sufficient to set forth and declare the same to bee no part but appendant onely as the words importeth Wherf●re the first reason of the aduerse part may thus be answered The bookes before mentioned namely 43. E. 3. 22. a 45. E. 3. 1● b. 22. H. 6 33. a which are to this effect that an Advowson appendant may passe by the grant of a Mannor without saying cum pertinentijs in the case of a Common parson and so likewise in the case of the King before the Statute of prerogatiua Regis proueth not that an Advowson is part or parcell ●f a Mannor for this being a thing appendant may aswell passe with the words cum pertinentijs as the things that are parts or portions of the same entyre thing passeth For if a man grant common of Estouers to be burnt in such a Mannor of the grantee by the grant of the Mannor this common passeth without the words cum pertinentijs for by the feofment made of the Mannor without deed all appurtenances pasle by Finchdens opinion as Fitzh abridgeth it although it be not in the report at large and for the argument of those in the time of Hen. the 7. before remembred wee say for that that an Advowson appendant passeth by the grant of the Mannor it is no good consequence for the reason aforesaid The second reason answereth the difference in H. 6. where the Advowson is granted before the habendum and where not that it is not any proofe that the Advowson appendant is parcell of the Mannor for Prysot saith that things in grosse or seuerall being named after the habendum cannot passe with the first things specified in the clause of the Graunt but things appendant or appurtenant to the premisses of the Grant may very well passe although the appurtenants be specified after the habendum As concerning the exception of an Advowson appendant to be made in the Demaund of a Mannor the same is not any proofe that the Advowson is part of the Mannor for the opinion of Stone is that by the Demesnes of a Mannor or by the Demesnes of the moitie of a Mannor as the case is there without the words cum pertinentijs the Advowson appendant cannot be recouered LECT 8. If an Advowson appendant that consists of Demesnes and Seruices shall bee appendant in respect of the Demesnes onely or in respect of the Demesnes and Seruices AT this present it remaineth to determine if an Advowson appendant to a Mannor is appendant in respect that it consiseth of Demesnes and Seruices or if it shal bee appendant to a Mannor in respect of the Demesnes onely in as much as the Demesnes are one corporall Inheritance and such part of the Mannor as onely lyeth in manuell occupation This question was of late time largely disputed at the last vpon graund deliberation learnedly determined in the Common Pleas in a Quare Impedit betweene Gyles Long Pla●●●ffe and one Hening Pa●●on the Byshop of Glocester as Ordinarie and Hadler as Clarke and the same is there among the Rolles of Pasche 31. El. Rot. 2024. which I haue set heere necessarily in briefe and being thus A Feofement in Fee was made of the Mannor of Frembillet and the Advowson thereto belonging and Liuery of Seisin was made in the Demesnes in anno 7. El. and after in anno 17. of her Reigne the Advowson was granted to one Ranger and after in the 25. El. one Boyter being ●enant of the same Mannor attorned to the Feoffee then the Church became voyd and if the Feoffee or the Grantee should present was the question for the