Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	heir_n	hereditament_n	tenement_n	3,372	5	10.3874	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A43631	The naked truth. The second part in several inquiries concerning the canons and ecclesiastical jurisdiction, canonical obedience, convocations, procurations, synodals and visitations : also of the Church of England and church-wardens and the oath of church-wardens and of sacriledge.	Hickeringill, Edmund, 1631-1708.	1681 (1681)	Wing H1822; ESTC R43249	69,524	40

Bishop himself or one that hath ordinary Jurisdiction and is immediate Officer to the Kings Courts Because only upon the Significavit's of Arch-bishops and Bishops only or such as have ordinary Jurisdiction shall be issued out the Writ De excommunicato capiendo For if a Bishop do not certifie the same upon his own knowledge Cook Instic Sect. 201. but only by hear-say or the Certificate of another Bishop and by parity of reason of any other man as his Commissary Arch-deacon c. such Certificàte is not sufficient And of these Ecclesiastical Proceedings the Kings Justices are the only Judges Much more are they Judges at this day whether these Procurations and Visitations shall be paid being so contrary to Magna Charta as well as against the Canon-Law Equity Reason and Conscience And also Judges whether the Seal to the Significavit be a legal Seal according to Statute and whether all the Processes have been made in the Name and Stile of the King as well as Seal'd with the King's Arms For all the reason in the World that if the Clergy will take in to help them on with their Ecclesiastical Ordinances and Jurisdiction The King 's helping hand to conduct all Men to the Goal whom they have delivered to the Devil that their proceedings also should be as the Law enjoyns in the Name stile and under the Seal of the King But strange also is the Practice at this day in their Spiritual-Courts in many particulars I 'le Instance but in two at present this discourse more properly coming under another head One is in the Case of Probate of Wills the other is in the Case of Excommunication The Practice at this day as to Probate of Wills wherein Lands Tenements and Hereditaments are given and granted is for the Register to keep the Original Wills and give the Executor only a Copy of the Original-Will to which Copy they affix the Seal of the Court. Estates disposed by Will are usually in Prejudice of the Heir at Law and yet if the Heir by Will have a Tryal at Law with the Heir at Law and show the Will prov'd under the Seal of the Court he will lose his Lands for all that for the Judges at this day will take no Notice of it and if he goes to get the Original out of the Register's Hands sometimes 't is lost and cannot be found for Love nor Money then farewel Land for that 's also gone past all Recovery or if the Registers do happen to stumble upon the Original they will not part with it except you give them a thousand pound Bond and good Security to return the same and also 40 s. or 50 s. it usually costs over and above I know it to be true by woful Experience to the ruine of many a Man's Estate to the defeating the Will of the deceased and in defiance of the Statute 21 Hen. 8.5 21 H. 8.5 which commands them to affix the Seal of the Court to the Original-Will in such cases where Lands and Hereditaments are bequeathed and deliver it to be kept by the Executor or Party concern'd for who can safer keep a Man's Deeds than himself and for the Copy they ought to take but one peny for every ten lines thereof whereof every line to contain ten Inches in length So that if the Question be ask'd again What are the Spiritual-Courts good for Are they not good at acting in defiance of the Statutes of this Realm And have they not always been good at that as in many Instances Appears in this Discourse I will not Advise tho' that to make them good and wholesom they should be drest and be drest as the Doctor Advis'd his Patient to dress Cucumbers with which he had long been enamour'd to the ruine of his health namely To take the Cucumbers and slice them and wash them in Vinegar then in Salt and Water then again in Vinegar and Salt and then in Vinegar and Pepper and then lastly the onely way to keep them from being mischievous is to throw them to the Dunghil But certainly Errors from the Rule from the Rule of holy Scriptures the further they go the further they go astray and it can have no colour of charity or pretence from God or Christ or the holy Scriptures to deliver precious Souls to the Devil for want of paying the Knave a Groat if their Excommunications were as they pretend a real delivery to Satan a precious Soul for whom Christ dyed is too cheap in all conscience to be fairly delivered to the Devil for the value of a Shilling or two But that the best on 't is they 'l redeem it again also for as cheap a Price a Man would wonder such mischiefs should be no more taken notice of except the Fellows are look'd upon to be so contemptible as that no wise Man heeds them nor their Blunder nor their Thunder Another miscarriage is That whoever the Register with some little Surrogate whom the Register leads by the Nose for the blindest and the willingest to be so led is the fittest Preperty shall excommunicate though but for want for paying the Register his Fees illegal and unjustifiable Fees all Parish-Ministers are bound to deliver their Flock so excommunicated to the Devil or declare the same so to be publickly in the Church though he knew nothing of the merit of the Cause nor of the due course of Proceedings But that 's not all a worse mischief is yet behind namely The Bishop 5 Eliz. 23. The Bishop upon the Certificavit of the Arch-deacon's Register grants his Significavit without hearing any thing of the Cause so that as Papists believe as the Bishop of Rome believes so here quite otherwise yet no better the Bishop believes as the Register of the Arch-deacon's Court believes and whatever he certifies to the Bishop he signifies into the High-Court of Chancery so that is usually more safe to displease any Lord in the Land than a little stingy sneaking Register that bought his Place and must make his best on 't And we may say of these pittiful Fellows as was said of Pope Alexander the 6th his Symony in selling so many Benefices Cardinal-Caps Indulgences c. as he was Pope having first by Bribes purchas'd the Popedom Emerat ille prius Why should not Chapmen sell their Ware When aboveboard they bought it fair Synodals are certain yearly Exactions paid by every beneficed-Priest to the Arch-deacon out of every Benefice in every Arch-deaconry yearly and every year throughout the whole Kingdom of England Originally They were given to the Clergy voluntarily for the maintainance of their two Procurators which were in every Arch-deaconry throughout England chosen by the inferior Clergy to represent them and vote for them in the Synod In imitation of the Wages allowed to the Knights 4 s. per diem Citizens and Burgesses 2 s. per diem for every day they Sit actually in Parliament for which there are several Statutes of old

recover them till he pay for them again In Portugal I have known in their Visitations the Bishops make every Parish-priest pay for a License to keep a Concubine And if a Man be old c. and have no Stomaeh to a Wench yet still he must pay a Millroy or two for a License So that now they proverbially say Visitationes morum are become Visitationes nummorum St. Paul indeed went to visit the Brethren and to see how they do but these go to visit their Brethren and to see how their Pockets do And all they have to say for themselves is It us'd to be so in Popish times and formerly practic'd by others that were no Papists But the Civil-laws also provide against such foppish Pleas. Error Justinian Inst l. 2. tit 6. falsae causae usucapionem non parit nam usucapio non competit istis qui mala fide possident And many such Laws can I cite if I list and if I did not think I have done their business already If Statute-Law Common-Law Civil-Law or their Masterpiece the Canon-Law Reason Equity Justice or Conscience nay humane Nature and Compassion to their own kind will work upon them in despight of their Interest and Money Money And I hope all these Laws of God and Man Reason Honesty and good Conscience will over-vote their Interest and Money and Money and that they will ask God forgiveness and that every Offender of them from the highest to the lowest will make restitution or at least say with repenting Job Behold I am vile what shall I answer thee I will lay my hand upon my Mouth Once have I spoken but I will not answer Yea twice but I will proceed no further Thus they will do if this work kindly as it is intended upon their Consciences but if instead thereof being gawl'd they do nothing but kick and wince and instead of thanking me for my great pains here frankly bestowed upon them for their cure in much Charity shall rather joyn their Heads together first to find who I am that thus is kindly liberal to them and then secondly get a Club of Criticks and cunning Lawyers to lie at catch for every Expression here to improve it that is to mis-improve it to Revenge then I shall be forry that I have vouchsaft so much pains and care towards them to so little Fruit and Reformation and so little thanks from them from whom it is most especially due That in their Visitations at least may cease that Dialect better becoming the Mouths of Hectors and Padders than Registers and Secretaries of Holy Bishops namely Come Clergy-man deliver your Purse your Purse for Visitations Synodals shewing of Holy-Orders and Procurations Archdeacons have all good fat Corps so they call the Lands and Tenements a kind of Glebe annex'd for ever to their Archdeaconries they need not pinch the poor Parson that every body pinches Pharaoh's Lean-kine indeed did eat up the Fat ones but for the Fat ones to devour the Lean is a Prodigy not to be dreamt of or imagin'd Visitations made by Bishops and Archdeacons have for their Warrant as some alledge the Practice and Example of St. Paul and Barnabas Acts 15.36 42. Acts 15. who went to visit the Brethren in every City where they had Preached the Word of the Lord and to see how they do And Paul went through Syria and Silicia confirming mark that the Churches So that the work of a Visitation was to confirm or strengthen the Converts by preaching again the Word of the Lord to them Not by a perfunctory-mumbling over a few canting Words over Childrens heads as Popish-Bishops do mimically in pretence of imitating St. Paul who went to confirm men to the Faith whereby no flesh alive can possibly be enlightened instructed or confirmed or strengthened in the Faith Nor did St. Paul send his Sumner before him commanding the Disciples or Brethren to come and meet him at such a great Town where there is a great Church and a great Tavern and be sure to bring their Purses with them too or if they could not both come that then of the two they should be sure to send their Purses however by some Neighbour though they could not come in person that so the Attonement and Peace might the better be made If Cross-grain will not come then let him stay Let him but send his Purse still keep away 'T is an unpardonable sin to come to a Visitation and forget your Purse nay or to bring it empty You may with empty Purse part with your Letters of Ordination Institution Induction c. but there is no redeeming them without Money never Man yet in all my Intelligence found any other Redeemer of them save Money Money And yet the first Archbishop Rog. Hoveden Annal pars post 807. in his first Visitation after the Conquest namely Hubert Archbishop of Canterbury in the Council of London Anno 1200. did ordain that no Procurations or other Money Toll or Exactions should be paid in Visitations in these very Words Prohibemus né subditos suos Talliis exactionibus Episcopi gravare presumant Cùm cnim dicit Apostolus non debent Filii Thesaurizare Parentibus sed Parentes Filiis multò longè a pietate paterna videtur si praepositi subditis suis graves existant quos in cunctis necessitatibus Pastoris more debent fovere Archidiaconi aut sui Decani nullas exactiones vel Tallias in Presbyteros seu Clericos exercere praesumant c. He that likes may read more of these Decrees two and twenty years after namely Spelman Concil Tom. 2. p. 156 220 221 265 380 381 48 489 576. 1222. Council Oxford by Stephen Langeton Archbishop of Canterbury and four years after confirmed by Otho the Popes Legate Concilio Londini Anno 1226. and by Othobon the Popes Legate and the Council under him Anno 1248. and before that by the Diocesan Synod held at Salisbury Anno 1217. Is it not strange that a Bishop and a poor Bishop too should call a Synod to cry down these oppressions and yet it was done in the year aforesaid by Robert Poor Bp. of Sarum And An. 1287. by Peter Quivil Bp. of Exeter And by Walter Raynolds Archbp. of Canterbury and Conc. Lond. in the Reign of K. Edward II. And by John Stratford Archbp. of Canterbury An. 1342. De visitatione procuratione Archidiuconorum aliorum ordinariorum But all the Visitations of old made by Bishops or Archdeacons were Ecclesiastim like that of St. Paul's and Barnabas For to send out Citations to Ministers Church-wardens and Sinners and little Children to come to be Confirm'd c. at such a great Town They rather go to visit the Bishop than the Bishop to visit his Brethren as St. Paul did Ecclesiastim from Church to Church Thus Topsy Turvy can Visitations now become as if the Minister that is enjoyn'd to visit the Sick in the Common-Prayer-Book should send out his Apparitor and

void and of no effect Some of them swallow the Oath glib poor Hearts rather than venture to be Excommunicated then paying Three shillings and six pence and if they make a Presentment a shilling more for that and fare-you-well till the next half-Year that is the next Visitation But if they be stubborn and will neither pay nor swear as the better half usually do then they are delivered to Satan by Excommunication and if they do swear how are their Souls hazarded by down-right Perjury Their case is a Pitiful case that 's the truth on 't and deferves the wisest and greatest consideration I never durst give that usual Oath but this You shall Execute the Office of Church-warden in the Parish where you are chosen according to your discretion and skill in His Majesties Laws Ecclesiastical So help you God But I am quite weari'd with pudling thus long in this Channel or rather this Kennel Of Sacriledge Query IV. Whether to keep and enjoy Abbey-lands and Lands belonging formerly to Nuns Fryars and such Faternities be Sacriledge AS there is a Mystery of Godliness so there is a Mystery of Iniquity The Mother of Harlots had Mystery writ in her forehead nay the publique devotions and prostitutions to Bacchus and Venus wanted not their Arcana's We read of the depths of Satan and Labyrinth's in the way to Hell How easie soever the descent be The stile of servus servorum is the umbrage and prologue to the greatest Pride and Jure Divine the umbrage of the greatest Cheats and Pick-pockets And in Prosecutions of these Mysteries which Rome preserves as Arcana Imperii the Reliques and holy secrets to maintain their Grandeur and Hierarchy They usually fence all their Immunities Priviledges Goods Lands Tenements and Emoluments as they do all their other Popish Reliques and Figments when they begin to decay and which they have got by cheating Tricks as with a Safe-guard securing all with a Jure Divino And would make the world believe that when with their cheats of Purgatory and Indulgences they have pick't men's Pockets and got a great deal of money The Magistrate may not search them hands off 'T is now sacred 't is now divine and holy what are you mad to break through a Jure Divino will you rob God Thus when a handsome Whore had made use of her time and her beauty whilst it lasted which some think is but a very little while Playing them both away for more durable Beauties good store of Gold The Crafty Friers and Monks like the Box-keepers or Panders were sure to march off with most of the Gains Picking the Ladi's Pocket of at least half her Winnings with a Story told of Purgatory and Indulgences Thus Selling and Buying by a fair Bargain and Sale and fairly by Deed inrolled Indented and delivered in the Presence of Witnesses as hereafter shewn An Imaginary Heaven or a Fools Paradise Thus the Girle kill 's 3 Birds with one stone and in barter for a Little very little modesty gets first pleasure 2. Profit and store of Gold 3. With one Moity of it after all Heaven it self in her simple opinion whilst the Subtil Friars laugh in their Sleeves to see how soon the Fools and their money are parted and by this Craft getting their Wealth and their stately Abbies and Monasteries Thus building a great many * Thus Horn-Church near Rumford in Essex was built by a Popish-Whore and therefore had the name Horn-Churches and Horn-Chappels With these kind of Methods did the Fat Abbots and pretty Nuns subsist very Plentifully and well and kept themselves in very good Plight and for Sinners very well on 't at least well to live sending out their Emissaries and Finders to Hay about and bring in more Game to net namely old Usurers old Whore-Masters nay Incestuous persons and Murderers For Rome like the Sea and the Gallows refuses none Thus having got the Fat of the Land and every day making new Purchases new Prizes and New-Conquests for fear the State that Frighted them often with their Statutes of Mortmayn c. should force them to Restitution of what they thus Purloin'd for themselves and their own greedy Guts though in Pretence for God's sake They therefore entrench't and garrison'd themselves and their gettings with this same Outwork for their eternal guard and safe-guard Jure Divino And where is the man of mortals now so daring and Hardy as to venture to storm this Outwork and pass the Trench of Jure Divino for fear of fighting with God and Robbing God As if all their corrupt Conquests purchas'd by Jugling and Sleight were Deodands and God's Inheritance which to touch with a Lay-finger forsooth is to Rob God and down-right Sacriledge Sacriledge is a Term of Art which joining forces with the said Jure Divine hath done wonders of this nature though not one of a thousand does know what Sacriledge is Sacriledge is certainly the worst of Robberies for it robs God by Purloining detaining or alienating what he has been pleased to appropriate to himself And this is the full definition or rather description of Sacriledge The Tithes and Offering's God had set a part for himself his own Propriety and for his own immediate Service under the Law To defraud the Priests of those Tythes and Offerings is called Mal. 3.8 Robbing of God Mat. 3.8 And by like reason and express Scripture the maintenance of Gospel-Ministers is expresly commanded namely Daily bread not Lands and Tenements setled upon them for ever If any such there be It is a Free-will Offering and the munifice and charity of the Law For Our blessed Saviour says The workman is worthy of his meat that is Sustenance Mat. 10.10 but Lands Mannors and Tenements in Fee-Simple for ever Christ that was himself poor and Landless also his Disciples and Apostles having neither Silver nor Gold nor a purse nor scrip to put them in did never labour for the morrow nor yet for the meat that perisheth but seeking first the Kingdom of God all other things were added unto them And if the wicked World did not maintain them they were to cast off the dust of their Shooes against them and go to them that would entertain the Word and them But in what proportion their entertainment and maintainance is to be whether the Tenth the Fifth the Twentyeth the Hundreth or Thousandth part of a mans Estate is not decided by the Gospel And 't is the Idlest of dreams to say that because the Priests under the Law the Levites had the Tythes of the whole Land that therefore by the same Reason Ministers of the Gospel should have the same Proportion and Allowance out of all mens Estates and that it is Sacriledge to detain the same For is the Parson or Parish-priest the 12th part of the Parish he lives in though you also number with him his Family if he have any or are the Clergy and their Families the 22th part of England as the Tribe of Levi