Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	grant_v	king_n	tenant_n	1,714	5	9.7767	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61271	Episcopal jurisdiction asserted according to the right constitution thereof, by His Majesties laws, both ecclesiastical and temporal, occasioned by the stating and vindicating of the Bishop of Waterford's case, with the mayor and sheriffs of Waterford / by a diligent enquirer into the reasons and grounds thereof.	Stanhope, Arthur, d. 1685?; Gore, Hugh, 1612 or 13-1691.	1671 (1671)	Wing S5221; ESTC R21281	74,602	136

King by His Ecclesiastical Judges has the hearing of them and determining in their causes and His leave and licence goes along therewith By vertue of being thus deputed and commissionated by the King the Bishops have and execute an exterior Jurisdiction which is as extensive and universal over all persons in causes belonging thereunto as is the Temporal Jurisdiction in the management of the Temporal Judges and where the Kings Commission is there is His power and there is His consent And where that Commission does not abridge and limit there all proceedings made by power from it have assuredly the Kings leave and licence in conjunction with them But if still notwithstanding all that has been said it be persisted in that there is a disparity of power in the two Jurisdictions as to the extensiveness thereof subjectively so as that the Ecclesiastical Judge in his way of proceedings may not but the Temporal Judge in his way may proceed against any civil Officers as Mayors and Sheriffs c. found Delinquents in any kind I demand How does it appear to be so What Law is there that constitutes this Disparity What legal course prescribed and set down to restrain the Ecclesiastical Judge in case he will be intermedling with such persons for it is irrational to imagine there should be such a Law and yet that it should be destitute of sufficient means to uphold and maintain it self by Truly I am not so vain as to say there is no Law extant which constitutes this Disparity because I know no such but I have been seriously inquisitive and diligent in searching after this but cannot attain a knowledge of any such and would any be so kind to inform me I should thankfully own that kindness Next for any legal course prescribed and set down to restrain Ecclesiastical Judges in case they will be intermedling with such persons If there be any such it must be one or other of these three wayes 1. By Writ of Provision and Praemunire Or 2. By a Writ of Indicavit Or 3. By a Writ of Prohibition By one or other of these the Ecclesiastical Judge is restrained in his proceedings and c●mmanded to desist from prosecuting further such matters as being before him are referred to in those Writs Now concerning the first That Provision and Praemunire has no place nor use in this matter I do for the present plainly declare and afterwards I shall have occasion more largely to prove it 2. Then for the Writ ●f Indicavit that is notoriously known to lie there where a Suit of Tythes is commenced in the Ecclesiastical Court which does amount to a fourth part or above of the whole Benefice or it lieth for the Patron where his Clerk is impleaded for the Advowson i. e. the Right of Patronage 3. There remains only the Writ of Prohibition This is said to be two-fold Prohibitio Juris Prohibitio Hominis Prohibitio Juris is such as is grounded on any Statute or Law of this Land Prohibitio Hominis is such as has no precise word or letter of the Law to sustain it but is raised up by Argument and by way of surmise and as the wit of man will suggest Now put these Prohibitions of both sorts together and I dare boldly affirm that none of either kind have been or can or ought to be granted so as to supersede the Ecclesiastical Judge from his legal proceedings against any person where the matter proceeded upon is indeed of Ecclesiastical cognizance meerly because such a person bears some office of civil power is a Mayor Sheriff Portrieve or any other in like place of authority And this is the reason why I take so much confidence in delivering this affirmation because it is the incompetency of the cause brought into tryal before the Ecclesiastical Judge and not this or that quality or condition of the parties proceeded against that alwayes makes way for moving for and granting of a Prohibition Thus much has been said for the removal of these Objections and still it is clear and evident that the exercise of Ecclesiastical Jurisdiction by the Bishop over all persons whatsoever within his Diocess in matters and causes truly belonging thereunto tends not at all to the impa●ring or invading the Kings Royal Prerogative It has been the glory of our Kings to keep the Rights and Liberties of the Church safe and entire and never to interpret a just exerting and using of their Jurisdiction to be a diminishing of their Royal dignity In some old Presidents of the Writ de Excommunicato capiendo A priviledge peculiar to the Church of England above all the Realms of Christendom that I read of sayes Dr. Cosen Apol. par 1. p. 9. The King declares thus Nolumus quod libertas Ecclesiastica per nos vel Ministros nostros quoscunque aliqualiter violetur Register in bre orig p. 69. a. And again Jura libertates Ecclesiasticas illaesa volentes in omnibus observari ibidem But I have one greater instance hereof to add here At the time of His Majesties Coronation the Oath that He is pleased then to take has this Article therein That He will grant keep and confirm to His people of England the Laws and customs to them granted by the Kings of England His lawful and religious Predecessors and namely the Laws customs and Franchises granted to the Clergy by the glorious King St. Edward his Predecessor according to the Laws of God the true profession of the Gospel established in this Kingdom agreeable to the Prerogative of the Kings thereof and the ancient customs of this Land Afterwards one Bishop present reads this Admonition to the King before the people with a loud voyce Our Lord and King we beseech You to pardon and grant and to preserve unto us and to the Churches committed to our charge all Canonical Priviledges and due Law and Justice and that You would protect and defend us as every good King ought to be a● Protector and Defender of the Bishops and Churches under His Government Whereto the King answereth with a willing and devout heart I promise and grant my part and that I will preserve and maintain to you and the Churches c. By Canonical priviledges that belong to them and their Churches there must needs be implyed the Honour of their several Orders as that Bishops should be above Presbyters c. together with all their due Rights and Jurisdictions Dr. Stewards Answer to a Letter concerning the Church and the Revenues thereof Of these Laws Customs and Franchises granted to the Church and Clergy this of actual exercising Jurisdiction Ecclesiastical in causes belonging thereto is as I have before shewed one and that a principal one too Now to imagine that the King will bind Himself by Oath to the confirming of such Charters and Grants which he either resolves not to keep or such as are detrimental to Him and tend to the impairing His Prerogative is neither consistent with Reason nor Loyalty

either bestowed for the erecting of Hospitals and Alms-houses and endowing them with sufficient means and adding to such endowments for the sustentation and maintenance of aged sickly decrepid weak and helpless persons as Prisoners Orphans Widows c. Or such as are bestowed for the erecting and repairing of Churches and providing of such decent O●naments and other Utensils as are requisite therein also such as are bestowed for the celebration of Divine offices at certain times and seasons appointed Now although I have delivered this Assertion universally yet it is to be understood with restriction to those kinds of pious causes that I have particularly specified The Imperial Law allows a very ample and large power to Bishops in order to the regulating and disposing of these to their intended purposes Authent collat nona Tit. de Sanctissimis Episcopis cap. 23. See also the Canons called the Apostles Canons cap. praecipimus 40 ibidem Item cap. Tua nob is cap. Johannes de Testamentis And concerning such things as belong to Alms-houses and Hospitals of any but Royal foundations our Statute Law is very express herein And as to other Hospitals which be of another foundation and patronage than the Kings the Ordinaries shall enquire of the manner of the foundation estate and governance of the same and of all other matters and things necessary in this behalf and upon that make correction and reformation after the Laws of Holy Church as to them belongeth An. 2. Hen. 5. cap. 1. stat 1. And whereas in some particular cases of this nature it is appointed by the Statute 43 Elizab. cap. 4. That by certain Commissioners authorized thereunto to under the Great Seal of England such Lands Moneys Goods and Chattels as have been given to such Godly uses as are there mentioned should be rightly ordered and all misemployings thereof be prevented and regulated yet there is a proviso in that Statute to this end That neither this Act nor any thing therein contained shall be any way prejudicial or hurtful to the Jurisdiction of the Ordinany or power of the Ordinary but that he may lawfully in every case execute the same as though this Act had never been had or made Rastall And where there is a grant of Money or other moveable goods made by any person either in his life time or bequeathed by Legacy at the time of his decease for such pious causes as the erecting and repairing of Churches or buying such decent Ornaments and Furniture as belong to the same c. That the Money or other moveable goods thus granted or bequeathed be disposed for such uses and according to the intent of the Donor belongs to the Bishops care to look after and see performed Insomuch as they in whose hands such Moneys and Goods are detained may be convented before the Bishop and made to render an accompt thereof And the prosecution made herein may be either of office or at the promotion of the Church wardens of that or such other Parish to which the same is given Detentio legatorum ad usum pauperum quemlibet alium pium usum detentio bonorum ad publicos usus Ecclesiae destinatorum ad Episcopalem jurisdictionem pertinent Cosen Tab. vii A. To this purpose it is that in Articles given at Episcopal Visitations one is to enquire what Lands Possessions or other Richts are belonging or deemed and reputed to belong unto any Ecclesiastical Benefice and in whose hands they are and how they have been in their hands Which Article of Enquiry is grounded on the 44th Canon of this Church of Ireland and cognizance of these things belong to the Ecclesiastical Courts and may as I said be taken therein by the Ecclesiastical Judge either of meer office or office promoted c. and whether soever it be that such Rights become due by Legacy or any other Donation A man by his Testament bequeaths Goods to the Fabrick of a Church the Executor is to be sued for this in Court Ecclesiastical and thus it is determined at common Law see for this a consultation granted Register p. 57. a. cited at large by Dr. Cosen Apol. par 2. p. 100. But what if any issues and profits out of certain Lands and Tenements growing and belonging to any Church be detained They also may be sued for and recovered in Court Ecclesiastical If a terr-Terr-Tenant holding Land that hath usually paid for such a Tenement a pound of wax or such like unto the Church do with-hold it the Churchwardens may sue him for it in Court Ecclesiastical Dr. Cosen par 1. p 45. And he alledges for this an ancient Author one Goodall who wrote in the time of King Henry 8th and intituled his Book Of the Liberties of the Clergy by the Laws of the Realm And observe that although a pound of wax and such like is only here mentioned yet it is not the tenuity and meaness of the thing that gives a right in this case to sue for it in the Spiritual Court But because there is a right so to do the same course of proceedings may be followed were the profits so accrewing and so to be disposed of far more valuable I will instance but in one case more which the Dr. mentions in p. 3. chap. 8. p. 102. An Ordinary proceeded ex Officii sui debito to the correction of crimes and excesses of those that were under his jurisdiction And amongst other objected Articles against a Knight for not sufficient reparations of a Church tending to the correction of his soul by reason of his detaining of that which he ought not This sayes he is allowed in the Register Tit. consultations fol. 53.6 I might but shall not need to add more for the proof of this first Assertion 2. Reparation of Churches with the incidents thereunto both by Temporal and Spiritual Law appertains to Ecclesiastical cognizance I call these the incidents thereunto The business of making Rates for such Reparations inspecting the money so rated questioning those that refuse to contribute their proportion and calling to account for money so collected These are all dependant on the other in case of any judicial proceeding that shall happen to be made thereon the reason is given in this as in all other things of like nature in that excellent law Nulli prorsus Cod. de judiciis the sum of which is this Ne continentiae causarum dividantur Now the Temporal Law is express for the proof of this in the Statute of circumspecte agatis An. 13. Edwardi Primi Among the thirteen cases there recired and appropriated to the Ecclesiastical Tribunal This is one viz. Prelates may punish for leaving Church yards unclosed or for that the Church is uncovered or not conveniently decked This Statute is also inserted in the provincial constitutions collected by Lindwood Tit. de fore competenti and so is become part of the Kings Ecclesiastical Law Several Common Law cases are cited for this by Meriton in his Guide for Church-wardens