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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	grant_v	king_n	manor_n	2,135	5	9.7649	5	true

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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

F●unders of Bishopricks Deaneries Prebends Abbies Priories Chauntries Hospitals Colleges Free-Schools Almes-houses Fellowships Schollerships And the like Charitable Edifices for publick use who by virtue and right of their Foundership have the Patronages Advowsons and Visitations of them vested in them and their Heirs in Perpetuity with power to transfer them unto such other persons as they think meet to in●rust and to nominate present or collate Bishops Deans Prebends Abbots Priors Priests Masters Wardens School-masters Schollers Fellows Almesm●n and poor People to them upon every voydance according to this Maxim in Law Cujus est dare ejus est disponere And that by as good justice and equity as he that builded an House upon his own Land at his own cost may justly dispose of it when it is vacant to whom he thinks meet without the license of any others who have no interest nor inheritance therein And this right is not only ratified by the examples of King David and Solomen in the old Testament who being the Founders of the magnificent Temples of the Lord at Ierusalem appointed ordered the Priests Levites Porters with all other Officers attending therein and prescribed Laws and Courses to them 1 Chron. 9. c. 16. 37. c. c. 22 2● 25 26 28 13. 21. 2 Chron. 8. 14 15. as did Ios●●●their●en and Successor after them 2 Chron. 35. 4. But likewise by that saying of Christ himself Mat. 20. 15. Is it not lawfull to do what I will with my own Is thine eye evill because I am good and that Expostulation of Saint Paul grounded upon reason equity and common practise 1 Cor. 9. 7 8. Who planteth a Vineyard and eateth not of the fruit thereof Or who feedeth a Flock and eateth not of the Milk thereof Say I these things as a man Or saith not the Law the same also Yea God himself upon this very ground that he is the Founder of the Earth and all the Kingdoms and Powers therein claimeth this privilege To give them to whomsoever he will Dan. 4. 17. 25. Iob 1. 21. Psal. 75. 6 7. Deu●. 10. 1● Psal. 24. 1. Deut. 32. 8. Prov. 8. 15 16. And therefore Founders of Churches by the like reason in their degree may do the like without any wrong or prejudice to the Parishioners or others See Levit. 27. 14 to 26. Deut. 20. 5 6. c. 26. 13. 14. Esth. 1. 22. These Advowsons of Churches Founded and Endowed by Lords of Manors for the most part were thereupon by the Law of England annexed as z Appendant to the Manors and Land● of the Fou●ders wherein the Churches stood and descended with them to their Heirs or Successors and in case they sold these Manors or Lands to which they were Appendant the Advowsons passed together with them by a General Grant of the Manors or Lands with the Appurtenances or without them unlesse specially reserved or severed from them by special grant before except only in the Kings case wherein the Aavowson could not passe together with the Manor by the general word appurtenances unlesse specially named And they were such a Lay Inheritance and Fee whether Appendant or in Grosse as were descendable to Heirs Grantable and Vendable to strangers yea a Assets or things of Price and Value in Iudgement of Law not meer inconsiderate or worthlesse Privileges as the Marginal Law-Books resolve And by the Canon Law Ius Patronatus or Advowsons were such a Right or Inheritance which did transire ad Heredes etiam ad Extraneos vel Donatione vel venditione either as Appendant or in Grosse unlesse in cases of Symonical Contracts as Panormitan Summa Angelica and Rosella Innocentius Hostiensis Lindwood b and other Canonists in this Title of Ius Patronatus resolve Yea an Advowson in grosse severed from a Manor is such an Inheritance as lies in Tenure and may be held of the King in Capite and of any other Lord by Homage Fealty or Knights service as is agreed resolved 21. E. 3. 5. 33 H 6. 34. 14 H. 7 26. 24 E. 3. 60. 5 H. 7. 36. Brook Tenures 4. 15 18. 20. 34. Quare Impedit 99. with other Law-Books yea such an Inheritan●e whereof the Wi●e of the Patron shall be endowed by Law as Fitzherbert in his Abridgment and Natura Brevium Title Dower with c other Books resolve and both a Cessavit and Scire facias lye of an Advowson 43 E. 3. 15. 5 H. 7. 37. Reg● stes f. 69. Cook 2. Instit. p. 357. In d elder times the Founders and Patrons of Churches had such a full and absolute Interest in them and in all the Temporalties Houses Gl●bes Tithes Profits belonging to them proceeding from their original Donation and Endowment that upon every Vacancy they conferred them on their new Chaplains and Incumbents without any Admission Institution or Induction from the Bishop or Arch-deacon introduced by succeeding Canons and Popes Decretals encroaching on the Patrons Right and power as really fully and immediately in point of interest by some Ceremony not differing from our Livery and Seisin as delivering them the Ring or Key of the Church door with these words e Accipe Ecclesiam receive the Church or the like as they then and since conferred the Free-hold and interest of any other Houses and Lands to their Tenants by their own Livery and Se●sin whence by the phrase of that time this kind of giving the Church to the Incumbent by the Patron was stiled Commendatio Ecclesiae that is the Lay Patrons Committing or Livery of the Church and its endowments to the Incumbent to take care and dispose of as a usufructuary of what the Patron was Proprietary or as a Tenant only for life of that whereof the Patron was in Reversion which Mr. Selden proves at large The Footsteps of this their Primitive Right and Iurisdiction we find yet remaining in some Free Chappels and Donatives founded by our Kings or exempted from Episcopal visitation and jurisdiction by our Kings special Charters which the Patrons at every Vacancy may fully and freely give grant confer to their Chaplains without any presentation at all to the Bishop or other Ordinary or any Institution or Induction and may visit by themselves or their Commissaries when there is occasion as you may read at large in Cooks 1 Institutes and the Law-books there quoted f. 344. a. Brook Presentation al Esglise 43. 6 H. 7. 14. 49 E. 3. Quare Imp. 60. Mr. Seldens History of Tithes ch. 6. p. 91. But in after ages by the 8 General Council of Constantinople An. Dom. 871. Actio 10. Can. 22. The Council of Rome under Gregory the seventh Anno. 1078. The Council of Lateran Anno. 1119. under Calixtus the second chiefly summoned against Investitures The Council of Lateran under Inn●cent the second A● 1129. and other Popes Decrees registred by Gratian Distinct 63. 70. and Causa 16. qu. 7. the Right not only of our own and other Kings Investitures of

which they proceeded capitally against him and abolished Kingly Government as not governing the people in righteousnesse ACCORDING TO THE LAVVES but imprisoning them and imposing Taxes and Impositions on them contrary to Law without full and free consent by Act of Parliament and taking away the Subjects lives by Martiall Law without Lawfull Triall by their Peers and Juries All which things had Canne considered he would have blushed to have published such Treasonable Passages against our Fundamentall Lawes and Liberties which he understands not VVhose Excellency Utility and Necessity are so largely set forth of old by Bracton Britton Glanvil Horn Fortescue de Laudibus Legum Angliae Sir Thomas Smith in his Common-VVealth St. Germin Sir John Davis in his Irish Reports Preface and Sir Edward Cook in his Reports and Institutes that I need not adde thereunto any Panegyrick in their behalf 4. It is recorded by * Roger H●veden and others That when William the Conquerer as we stile them in the 4. year of his raign by the Councel of his Barons caused all the ancient Laws and customs of the Realm formerly used to be presented to him upon Oath by an Inquest of twelve of the Noblest ablest and learnedest men in the laws summoned out of every County without any addition diminution alteration or prevarication upon perusall of them he commanded the Law of the Danes in case of Amerciaments and forfeitures used in Norfolk Suffolk and Cambridgeshire differing in some circumstances from that of the Saxons used in other Counties to be used throughout the Realm because it was the Law of the Norwegians from whom he and his Normans were descended But so zealous were our Ancestors in that age even under the pretended Forreign Conquerour for their ancient setled known just and honest laws that they would not permit the least alteration in them upon any terms and never ceased importuning the King till he condescended to ratifie and establish their ancient Laws so long enjoyed without any alteration which * Hoveden thus expresseth Quo audito mox universi Compatriotae qui Leges edixerant tristes effecti UNANIMITER DEPRECATI SUNT quatenus permitteret Leges sibi proprias consuetudines antiquas habere In quibus vixerunt Patres ipsi in eis nati nutriti sunt Quia durum valde sibi foret suscipere leges ignotas judicare de eis quas nesciebant Rege verò ad flectendam ingrato existente tandem eum Prosecuti sunt deprecantes quatenus pro anima REGIS EDWARDI qui ei post diem suum concesserat Coronam Regnum CUJUS ERANT LEGES nec aliorum extraneorum COGERET QUAM SUB LEGIBUS PERSEVERARE PATR●S Unde consilio habito Precatui Baronum tandem acquievit Ex illa vero die visa autoritate veneratae Peruniversam angliam Corroboratae observatae sunt prae caeteris patriae legibus LEGES EDWARDI REGIS quae prius inventae constitutae erant in tempore EADGARI avisui Confirmata verò vocata est LEX EDWARDI REGIS Non quia ipse invenisset eam primus sed cum praeter missa fuisset oblivioni penitus data à diebus avisui EADGARI qui prius inventor ejus esse dicitur usque ad sua tempora EDWARDUS quia justa honesta erat à profunda abysso abstraxit eam revocavit ut suam observandam tradidit For the inviolable observation of which ancient laws our ancesters ever since this King William's reign till now have obliged all our Kings by a speciall clause in their Coronation Oathes * To confirm by Oath grant and keep to the People of England the Laws and customs granted to the Commons of England by ancient just and devout Kings to God praesertim c. And specially the Laws and customs and liberties granted to the Clergy and People by this glorious King Edward Whose eight very first laws confirmed by the Conqueror are for the inviolable preservation of the Goods Possessions Lands Globes Rights Priviledges Peace Fabricks Tithes of the Church Ministers Scholers and Parochial Church assemblies which some now make their Master-piece eternally to repeal subvert plunder after all our late wars Protestations Declarations Vows Covenants for the inviolable preservation of them and of our ancient fundamentall Laws customs liberties which this Pampheter so slights and other upstart Legifers without the peoples full and free consent in Parliament endeavour to alter and new modle at their pleasures quojure or qua injuri● let Straffords and Canterbu●ies late Impeachments * Judgments with Mr. St. Johns Argument and Mr. Browns at their Impeachments resolve since none of our Kings durst attempt so great a change in any age nor yet this Norman Conqueror as we stile him Yea our great King Henry the 4. though he came to the Crown by the sword in nature of a Conquerour And the Lords and Commons in his first Parliament granted him as great and large Royal libertie and Prerogatives as any of his Royal Predecessors before him had yet in that very Parliament Rot. Parl. n. 8. and Plac. Coronoe in Parliamento 1. H. 4. n. 17. he declared and granted out of his Royall Grace and tender Conscience in full Parliament that it was not his intent nor will to alter the Laws Statutes nor good Customs of the Realm nor to take other advantage of them but to do RIGHT to all people in mercy and truth according to his Oath The Realm being formerly in danger to be undone for want of good Government and by Repealing and breaking the Laws and Customes of the Realm by King Richard the second And that it was his will that none should imagine that by way of Conquest he would disinherit any one of his Heritage Franchise or other right which he ought to have nor deprive or out any man of that he had or ought to have by the good laws and customs of the Realm three Traytors lands there specified onely excepted being guilty of all the evill which had happened to the Realm A President worthy all other pretended Kings Conquerours and Grandees imitation in this or succeeding ages 5. I shall close up all with the expresse resolution of the wise and most judicious whole Parliament of England more to be credited than this Pamphleter In this notable Passage of the Printed Statute of 1. Jacobi c. 2. wherein they declare we have both Fundamentall Lawes Liberties and Customes and what sad consequences will ensue upon this Scriblers Doctrine and Practise for their alteration which I beseech all reall Politicians wise Statesmen Lawyers and Lovers of their Countries Weal Safety Settlement seriously to ponder Whereas His most Excellent Majesty hath been pleased OUT OF HIS GREAT VVISDOME and JUDGEMENT not onely to represent unto us c. but also hath vouchsafed to expresse unto us many wayes how far it is AND EVER SHALL BE from his ROYALL SYNCERE CARE and Affection to

they dyed without heirs of their Bodies between them begotten the Land so given should revert to the giver or his heir that yet the Doners by their Deed and Feofment might disinherit their Issue of the Land CONTRARY TO THE MINDE OF THE GIVERS and CONTCARY TO THE FORM EXPRESSED IN THE GIFT And likewise bar the Doners of their Reversions though DIRECTLY REPVGNANT TO THE FORM OF THE GIFT which SEEMED VERY HARD TO THE GIVERS AND THEIR HEIRS THAT THEIR WILL EXPRESSED IN THE GIFT WAS NOT OBSERVED and the like it seemed to the whole Parliament which to prevent such injury injustice and unreasonable dealing for the future and perceiving HOW NECESSARY EXPEDIENT IT SHOVLD BE TO PROVIDE REMEDY in the foresayd cases ordained That THE WILL OF THE GIVER according to the form of the Deed of Gift manifestly expressed SHALL BE FROM HENCE FORTH OBSERVED So that they to whom the Land was given under such condition SHALL HAVE NO POWER TO ALIEN THE LAND SO GIVEN but that it shall remain to the issue of them by whom it was given after their death or shall revert to the Donor OR HIS HEIRS if issue fail The substance of which Law we find thus ratified in the very Gospel Gal. 3. 15. Brethren I speak after the manner of men though it be but a mans Testament yet if it be confirmed NO MAN DISANVLLETH IT or addeth thereto The Justice and equity of this Statute is very pregnant and pertinent to the case of Patrons Adowsons and the Fabricks Lands and Endowments originally given by them or their Ancestors to the Church And Incumbents and their Successors in these four particulars 1. It resolves it to be both just rationable equitable that the Founders and Donors of Lands Glebs Revenues and Tiths to Parish Churches or Chappels and their Heirs and Grantees after them should perpetually enjoy the Patronages Advowsons and Reversions of them which they commonly or specially reserved to them upon their Original Foundations and Endowments So as to present unto them upon every vacancy as well as the Donors in tayl and their Heirs enjoy the Reversions of all Lands given and granted by them to others and that i by general construction of Law as well as by their own special Reservation 2. That it is as hard unjust and injurious to take away or debar them of their right of Advowsons and presentations upon voydances or of the fayl Fabrick Rectories Glebes and other Endowments conferred by them on Parish Churches for publique Assemblies and the maintenance of Gods Worship and the Incumben●s only and to no other uses in case all Parish Churches Rectories Glebes Tithes be voted down and abolished is many now strenuously endeavor as it is to debar defraud deprive Donors in tayl and their Hei●s or Grantees of the Reversions reserved on their Gifts and Grants in ●ayl after the decease of the Tenants without issue or Founders of Abbies and other Corporations of their k Eschetes after the Corporations expi●ation or dissolution 3. That it is as unjust unconscionable illegal for any Incumbents to alien or change their Churches Rector●es or Glebes in any kind to the prejudice of his Successor against the will and intention of the Founders as for a Tenant in ●ayl thus to prejudice or disinherit his issue against the Donors express will especially without the Patrons consent and concurence And therefore l all such Alienations and changes are either voyd or voydable by our Laws either by the succeeding Incumbents by an actual entry or Juris utrum and the like or ●lse by the Patrons by a writ of contraformam Collationis in whom the Right and Inheritance of the Church resides not in the Incumbent nor yet properly in alyance a meer idle fiction as our Law-books vainly fancy 4. That it is both unrighteous impious yea Sacrilegious to rob godly Ministers and people of the Inheritance Possession Use Benefit of those Churches Chappels Rectories Glebes Tithes which our pious Ancestors have Solemnly devoted and dedicated to them against their manifest wills intentions yea m Solemn Execrations and Anathemaes mentioned in their original Charters of Foundation and Dedication and to turn them to any other prophane uses Yea a gross injury and indignity to the Patrons of them whose original Right to Advowsons and Presentations I shall now briefly manifest out of Histories Canonists and common Law books In the beginning of Christianity the Apostles and Ministers of the Gospel next succeeding them as is evident by the n Acts of the Apostles Pauls several Epistles to the Churches of Rome Ephesus Corinth Colosse Philippi Thessalonica all famous Cities Tit. 1. 5. and o Ecclesiastical Histories first preached the Gospel fixed their residence planted gathered erected Churches both of converted Jews and Gentiles only in chief Cities of great resort from whence the Gospel spreading it self by degrees into adjacent Country villages and places more remote and the multitudes of Christians so increasing that the Churches first erected in these great Cities could not contain them nor the Believers in the Country Villages by reason of their necessary occasions and remotenesse conveniently frequently and constantly repair to Gods publick Ordinances in these City Churches every Lords day and on other times after Christian Assemblies upon special occasions p thereupon some Christians began to erect Churches Chappels and Oratories in Country Villages by publick Contributions of well-affected Converts at first supplyed by such Ministers who resided with the Evangelical Bishops and Ministers of these Cities as part of their Families Which Churches and Oratories being afterwards burnt or Demolished in most places and in this our Iland by Dioclesian and other Persecuting Pagan Emperours it pleased God to raise up q Constantine the Great our famous Countryman born at York and the first Christian Emperour to be an extraordinary Nursing Father as Helena his Mother to be a great Nursing Mother to his Church who vanquishing and putting to death the grand Persecutor Licinius demolished Pagan Idols Temples Idolatry throughout the Rom●n Empire caused the Gospel to be freely preached throughout his Dominions and erected divers stately Churches for Gods publick worship in several places endowing them with Lands and Revenues to support and encourage the Ministers of the Gospel officiating in them by whose pious Munificence and P● other Christian Kings Princes Nobles and Landed persons in his Reign and succeeding ages at their own proper costs and expences built convenient stately Churches Chappels Oratories in all Christian Realms and in this our Iland within their respective Mannors Lordships Lands Territories neer their own Mannor or Mansion Houses for the most part as we see at this day by ocular experience in most places of England and other Nations for themselves their Wives Children Families Tenants ease and convenience where they might constantly meet together to hear Gods Word Pray receive the Sacraments worship God and enjoy all publick Ordinances for the better

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

Clerk in nostri ac Mandati Nostri praedicti contemptum Executionis Judicii praedicti retardationem ipsius A DAMNUM NON MODICUM ET GRAVAMEN If the Bishop shew good cause he shall be excused or else fired for his contempt dammage prejudice to the Patron The Eight is the Writ of * quare Incumbravit directed to the Bishop summoning him to appear before the Kings Justices in case when he incumbers and fils the Church pending any suit in the Kings Court by a Writ of Assise Right or quare Impedit contrary to the Writ of Ne admittas directed to him by means whereof the true Patrons Clerk when he recovers cannot be admitted freely thereunto in ipsius DAMNUM NON MODICUM ET GRAVAMEN CONTRA LEGEM CONSUETUDINEM REGNI NOSTRI For which if he can shew no good cause he shall be fined and the incumbrance removed The Nineth is * a Writ of Prohibition to the Bishop prohibiting him to hold Plea in Court Christian DE ADVOCATIONE Ecclesiae de N. vel Medietatis vel Tertiae partis vel quatiae partis Ecclesiae de N. unde G. queritur quod R. Episcopus Sarum trahit eos in placitum coram vobis in Curia Christianitatis quia placita DE ADVOCATIONIBUS ECCLESIARUM Spectant ad Coronam Dignitatem nostram And if the Bishop proceed in this Plea to the Patrons or Kings prejudice an Attachment shall issue out against him and he shall be imprisoned and fined for this contempt and his temporalities seised The Tenth is a Writ of * Judicavit where two Incumbents of two neighbour Churches presented by several Patrons implead one another in the Bishops Court for Tithes as belonging to their Churches amounting to the moity third or fourth part of the Tithes or any lesser part before Articuli Cleri c. 2. then either of the Patrons might sue a Writ of Judicavit out of the Kings Court to the Bishop to prohibit and stay the suit in the Bishops Court till the right of Tithes were determined in the Kings Court because else the Patron as the Writ suggests jacturam Advocationis suae incurreret si praedictus C. in causa illa obtineret For the Advowson would be so much the worse as the value of the Tithes formerly belonging thereto and recovered from his Incumbent in the Bishops Court amounted unto This Writ discovers how carefull our Kings Common Laws were to preserve the right of Patrons from the least prejudice or diminution by their own Incumbents or any others The Eleventh is the Writ Ad Iura Regia which lyes where the King is Patron or hath right to present or others interrupt or disturbe his right of Presentation or Incumbent when presented before or after Iudgement given for him in any Spirituall Court by appeal c. or Buls from Rome to the dishonour and prejudice of the King and the rights of his Crown In which case the parties for their contempt shall be attached committed to prison and exemplarily punished as appears by the Register of Writs f. 61 62 63 64. to which I remit the Reader The Twelfth is a Praemunire in cases when any shall procure or execute any Exemptions or Buls from the Pope as the Cistertians did to be exempted from payment of Tithes to the prejudice of the Patrons in their Advowsons as well as of the Incumbents A severe penalty inflicted on them by the Statute of 2 H. 4. c. 4. which Statute as Printed because it mentions nothing at all relating to Patrons I shall therefore transcribe the Petition in Parliament and the Act made thereupon verbatim out of the Parliament Roll it self which is most punctual full and considerable ●et unknown to most Lawyers as well as Patrons whom it concerns 2 H. 4. Rot. Parl. num 41. Item a Petition was delivered in Parliament touching the Ordering of Cistertians or Cisteux the which by the Kings commandement was sent to the Commons for to be advised of and deliver their advice thereon of which Petition the words here ensue May it please Our most Gracious Lord the King to consider that whereas time out of memory the Religious men of the Order of Cisteux of your Realm of England have paid all manner of Tithes of their Lands Tenements and Possessions let to Farm or manured and occupied by other persons than themselves and likewise of all manner of things titheable being and kept upon the said Lands Tenements and Possessions as fully and intirely and in the same manner as the other Leiges or Subjects of your said Realm Yet so it is that now of late the said Religious have purchased a Bull of our most holy Father the Pope by the which our said most holy Father hath granted to the said Religious and others your Leiges That they shall pay no tithes of their Lands Meadows Tenements Possessions Woods Beasts or any other things albeit they are or shall be leased or farmed out any title of prescription or right acquired or which may hereafter be acquired to the contrary notwithstanding The which pursuit and grant are apparently against the Laws and customs of your Realm by reason that diverse Compositions reall and Indenture are made between many of the said Religious and other your Leiges of the prise of such Tithes also because that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the said Benefices within whose limits and bounds they are and so if the said Bull shall be executed as well you our most doubted Lord as your Leiges PATRONS OF THE SAID BENEFICES SHAL LOSE YOUR ADVOWSONS OF THE SAID BENEFICES IN GREAT PART and the Conusance of them which in this behalf appertaineth and in all times hath belonged to your Regality shal be discussed in Court Christian against the said Laws and Customs and to avoid the great trouble and commotion which may arise amongst your people by notion and execution of such novelties within your Realm May it therefore please your Majesty by assent of the Lords and Commons assembled in this present Parliament to ordain that if the said Religious or any other put or shall put the said Bull in execution in any manner that then he or those who put or shall put this Bull in execution shal be put out of your Protection by Processe duly made in this behalf and their goods forfeited to you lost and that as a work of charity Which Petition being read and considered was answered in these words following It is accorded by the King and Lords in Parliament that the Order of Cisteux shall stand in the state it was before the time of the Buls purchased comprised in this Petition and that as well those of the said Order as all others Religious and Seculars of what estate or condition soever they shall be who shall put the said Buls in execution or heretofore have