Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	hold_v	manor_n	tenure_n	1,341	5	12.5333	5	false

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

nothing but giue licence to the person to charge his Rectory with an Anuitie this shall bee a good grant to Charge the Church in perpetuitie For that that it is not to any other free tenants a Charge but to the parson because neither the patron nor the Ordinarie can haue the Church themselues but onely to dispose and bestow the same vpon some other neuertheles such assent ought to be by writing LECT 3. The seuerall Intrests of the Patron and Ordinarie and what it is IN the Lecture next before I haue ●et forth to you the right that both the Patron and Ordinarie hath joyntly to intermeddle in the Church Now it remains likewise that I declare their seuerall Interests Therefore at this present I intend to deliuer somthing touching the Collateral Intrest of the Patron sole and after to examine what manner of Inheritance an Advowson is and so to refetre the Intrest of the Ordinary sole to a more conuenient place when as we shall come to speake of Admission and Institution What Collaterall Intrest alone the Patron hath in the Church may in brie●e thus be decyphered first by the Common Law before the Statute of Westminster second as hee ought by the opinion of some men to bring his writ of Advowson of the fift part or any lesse part of the Tyth●s and oblations of the Church in any suite of Iudicauit attempted against the Presentee or Incumbent that hath sued in the Spirituall Court for the Recouerie of the same and hath caused the Patronage in this respect to come into question or as some men thinke he might haue had his Writ of Heres as a Precipe quod reddat advocationem quinque acrarum terrae or one acre of Land and such like For which cause the Statute was made to be a restraint for bringing the same writ of any lesse part then of the fourth part of their Tithes so that the Statute in this behalfe was but a restraint of the Common Law Which argueth that the comparing of the Rectorie tendeth Collaterally to be an impeachment and preiudice to the Patron himselfe and so importeth a Collaterall Intrest that the Patron hath to the Church Againe by the graunt of the Church the Advowson passeth wherefore Herle sayd in the first part of Ed. 3. That it was not long since when men knew not what an Advowson was nor meant but by the Graunt of the Church they thought the Advowson to be sufficiently conueyed in the Law For said hee when they purposed to assure an Advowson their Charter specified it in the gui●● of the Church Moreouer the King being Patron hath often ratified and confirmed the estate of the Incumbent in a Rectorie that an vsurper had presented by meanes whereof hee cannot remoue the same Incumbent vnlesse for some cause hee repeale his Charter of confirmation Notwithstanding if the King recouer by a Quare Imp and after confirmeth the estate of the Incumbent that the vsurper presented by meanes whereof hee cannot be remoued at the next Avoidance the King shall present for the Judgement giuen for him was not at any time executed which also proueth the Collaterall Intrest that the Patron hath to the Church for no parsons can lawfully confirme but such as haue right to the thing confirmed Ancient Bookes haue held and that not without reason That an Advowson hath such an affinitie with the Church it selfe to which it is granted and to which it is a Collaterall Intrest as hath beene sayd that it should passe by Liuerie of seism made at the Ring of the Doore of the Church and although by such meanes it passe not at this day being meerely a thing that lyeth in Graunt yet the same proueth the Collaterall Intrest of the Patron to the Church for this opinion holden in the Bookes is granted for the like reasons In a Writ of right of Advowson the Parson shall bee summoned in the Church or at the doore of the Church And if a villeine purchase an Advowson in grosse Littleton saith full of an Incumbent the Lord of the same villein may come to the same Church and their claime and the Advowson shall be in him All which things added to the former sufficiently proueth the Collaterall Intrest that the Patron hath to the Church LECT 4. What manner of Inheritance an Advowson is lecture 4 WEE are now to consider what manner of Inheritance an Advowson is wherfore let vs consider that euery Inheritance is eyther Hereditas Corporata or Incorporata Hereditas corporata is a Meadow Messuage Land pasture Rents c. that hath substance in themselues and may continue for euer Hereditas incorporata is Advowsons Villeins Wayes Commons Courts Piscaries c. which are and may be appendant or appurtenant to Inheritances Corporate An Advowson therefore is Incorporate of which a man may be Seisied though not of Demesne yet as of Fee and as of right And although great Disputation haue beene in our bookes whether an Advowson may bee holden or lye in tenure yet the most authorities concurreth and are that any Advowson either in grosse or appendant lyeth in tenure aswell of a Common person as of the King For a Cessauit lyeth thereof and some haue holden that the Lord of whom it was holden may distreine either in the Church yard or in the Gleebe the beasts of the Patron onely if they happen to be there found 33. H. 6. Godred contrarie but though the law be that there cannot bee taken any distresse yet the same makes not any impeachment of the tenure and being parcell of a Mannor or appendant to it it may bee holden as some bookes are pro particula illa Therefore it is holden and said that an Advowson is a tenement and therefore whereas the King hath giuen licence to an Abbot to amortise lands and tenements to such a value by force whereof he purchaseth an Advowson and this was holden good sufficiently pursuing this licence and therefore in the booke an issue was taken if the same Advowson were holden in Capitie and therfore if a man grant a Ward or Omniaterra tenementa that he hath by reason of his Ward if there be an Advowson holden of the Lord being guardian the same passeth to the grantee by the words of Omniaterras tenementa Of an Advowson a precipe quod reddat lyeth very well and a writ of Dower shall bee maintained of the same by the wiues of such as haue such inheritance therein as giueth a dower as before hath beene said and so the husband of her that hath the'nheritance in it shall be tenant by the Courtesie although there neuer were had any presentation by the wise to it But yet there shall not be any discent thereof from the Brother to the Sister of the entyre blood by the maxime of possessio fratris c. But the same shall discend to the brother of the halfe

better entendment whereof wee will first see what can bee said vpon both pa●●s That it is appendant onely in respect of the Demesnes tho●●●r the like authorities or reasons may bee produced It is said that an Advowson appendant to a Mannor cannot be appendant to a Rent or Service of the same Mannor but onely to the Demesnes whereof onely if a man hath a Mannor to which an Aduowson is appendant and granteth the Demesnes cum pertinentijs the Advowson passe appendant therevnto so likewise if he grant the Demesnes excepting the Advowson the Advowson is now becommed in grosse If a man should haue a Mannor and blacke acre that was holden of the same Mannor Escheateth so that the same Acre is become now parcell of the Demesnes of the same Mannor if hee that is so seisied of the same Mannor grant all the Demesnes excepting blacke Acre and the same Advowson the Advowson is become in grosse and yet it is a Mannor notwithstanding for now blacke acre is onely the Demesnes which together with the other seruices cause the Mannor to continue neuerthelesse the Advowson is become in grosse for that that it was appendant onely to the Demesnes of the Mannor which were aliened and cannot now be appendant to blacke Acre because it was neuer before appendant to the same in as much as appendancie is onely granted vpon continuance and prescription and not vpon the same reason If hee that is seisie of a Mannor whereof blacke acre is holden and the same Escheateth and he granteth the same blacke acre vna cum Advocatione the Advowson passeth not appendant to the acre but in grosse as aforesaid but if in the two aforesaid cases a man were seisie to a Mannor before the Statute of Westminster the third De quia emptores terrarum with an Advowson thereto belonging and giue certaino acres parcell of the Demesnes of the same Mannor to diuers persons to bee holden of the same Mannor if afterward such acres Escheate and the Lord granteth the residue of the Demesnes excepting the acres so escheated and the Advowson the Advowson is still appendant to the same Mannor because it was appendant to the same Acres before they were giuen to bee holden of the Mannor If a man were seisied of a Mannor to which an Advowson is appendant and before the Statute of Westminster the third were likewise so seisied of other acres of land in grosse and not parcell of the same Mannor if he had giuen the same acres of Land to diuers persons to bee holden of the same Mannor as he might then haue done and after the same acres of Land escheated now are they parcell of the Demesnes of the same Mannor although they neuer were so before and after the Lord of the Mannor granted all the ancient and former Demesnes of the same Mannor vnlesse one acre this acre and the other acres Escheated maketh now the Demesnes of the same Mannor and the Advowson appendant is still appendant to the whole Mannor but yet it was so appendant in respect of the one acre that was parcell of the ancient Demesnes of the same Mannor and if the Lord intend at any time to seuer this from the Mannor and still to keepe it appendant to no acre but onely to that which was parcell of the Demesnes of the Mannor all which reasons prooue that the Advowson is appendant more in respect of the Demesnes then otherwise Of the other part those cases proue that an Advowson appendant to a Mannor is not appenpant to any part of the Mannor but to the en●yretie for it is an intyre thing and therefore if a man hath a Mannor to w ch an Advowson is appendant i● he Enfeoffe I. S. of the same Mannor and 〈…〉 L●uerie of the Demesnes and before the 〈…〉 t of the Tenants the Church becomes voyd the Feoffee shall not present because he hath not the Mannor to which the Advowson was appendant but if the tenants afterw●●●●tto●ne within sixe moneths after the auoydance he may very well present therevnto So likewise in the former case if the Feoffor o● the estranger present before the Attornment of the Tenants yet if afterward attornment be had within the sixe Moneths after the avoidance the Feoff●e may bring and maintaine his Quare Impedit and so re●uer his presentation which prooueth that the Advowson is appendant to the whole Mannor as it is entyre and not by reason of the Demesnes onely for the determination of the Law in this It is true that the Advowson in such case is appendant to the entyre Mannor and not to any part thereof during such temps as it remaines a Mannor without alteration or disjoyning the Advowson from it neuerthelesse if you will diss●lue the Mannor and seuer the Advowson from it and yet desire to haue the same appendant then it cannot be appendant to any part of the Mannor but onely to such Lands as were of the ancient Demesnes of the same Mannor wherefore in the first case Iudgement was giuen that after the Attornment had the Advowson passed to the Feoffee of the Mannor as appendant to the entyre Mannor and that the Graunt made in the meand time betweene the liuerie of the Demesnes and the attornement of the Tenants was voyd and that the Advowson p●ssed not thereby to the same Grantee of the Advowson but is by the Attornment by which the seruices passed made appendant to the entiretie in the hands of the Feoffee LECT 9. How an Advowson may bee seuered from the principall and by what meanes it may be reconnexed thereunto againe IN the two last former Lectures hath beene declared at large First to what kind of Inheritance an Advowson may bee properly appendant and then in what manner it may be appendant Now remaineth the third thing th●n treated of that is to say how it may be sundred from the principall and againe by what meanes it may be thereto annexed by Entrie or without entrie into its principall It may bee sundred eyther rightfully or by a rightfull conueyance of which wee shall speake more at large when wee declare the nature of an Advowson in grosse and of that which is partly in grosse partly appendant whether it may bee sundred in a wrongfull manner as by a tortious act that is to say by Disseisin of the Mannor to which it is appendant or by a wrongfull assurance as by discontinuance or other wrongfull disposition thereof As for vsurpation wee shall speake thereof in a place more conuenient afterward at large if therefore a man be disseised of a Mannor to which an Advowson is appendant and the Advowson becomes voyde the Mannor still remaining in the hands of the Disseisor this was ancient Law as Bracton saith that he should not haue presented to the Advowson vntill he had recontinued or made his entrie into the Mannor because saith he Quod sesinam habere non poterit quis de pertinentijs antiquam acquiseret

Patronatus not a power nor an authoritie onely but a right intrest or an Inheritance The word Ius or Right is diuersly intended sometimes strictly to signifie what is left a man when that that was once his owne is wrongfully taken from him as by Disseisin or such like In which sence the word Droit and Tort are priuatè opposita and is thus deuided to be either right of Action or right of Entrie sometimes in a more ample signification as Ius habendi ius possessendi ius disponendi by which occasion I purpose at this time to discusse whether the Patron and Ordinarie haue right in the Rectorie or Benefice and what manner of right it is that they haue their right is called Collaterall as wee read and not Habendi nor possessendi nor retinendi for none of them can haue retaine or possesse the Church or Rectorie but their right is Ius Disponendi wherein euery of them hath a particuler Charge to the possessions of the Church so free as that hee may maintaine such a one as is thereinto to be presented That they haue a kind of Disposition in them it is proued by many reasons 1. No charge can be founded to be laid vpon the Church in perpetuity to bind their successors but the Patron and Ordinarie must be made parties thereunto as all our bookes agree and Litleton giues a notable reason for it VV ch is that if the Charge be perpetual the consent of all 3. ought to concurre of which ensueth thus much that if a writ of Anuitie be brought against the parson and he prayeth in aide of the Patron and Ordinarie and the Patron maketh default and the Ordinarie appeareth and confesseth the action or if the Ordinarie make default and the Patron appeare and confesseth the action that this Anuitie shall not bind the successor but if they both appeare and one of them confesse the action and the other faith not any thing it shall bind the Rectorie in perpetuitie For Qui tacet consentire videtur But if the Parson onely with the consent of the Ordinarie for Tythes or other consideration executorie charge the Church in perpetuitie it shall bee good without the consent of the Patron as well as if the consideration executorie had remained Secondly it followeth that the charge of the Parson Patron and Ordinarie shall bind in like manner as their intrest is But if a man haue an Advowson for yeares and the Parson by the consent of such Patron and Ordinarie grant rent charge in fee if the Parson dye within the terme the termor of the Advowson presents another the terme expireth Quere if then the Anuity shal be deliuered but it seemeth by some that it shall be deliuered for that that this Incumbent was not the party that made the grant and therefore he should not hold it charged any longer then during the intrest of the Patron And therefore if two joyntenants in common or parceners be of an Advowson who agreeth to present by turne if the person ioyne in grant of a rent charge in fee with one of them the Parson shall bee charged and also his successors alterius vicibus for euer because those successors that commeth in by him that made the Charge shall bee subiect to it onely and those that commeth in by the presentation of the Patron that neither ioyned nor confirmed the same shall hold their land discharged for euer Also such Anuitie with which the Rectorie is charged doth not properly charge the Land but the Parson for if the grantee enter into any part of the Gleebe hee shall not suspend the rent or anuitie And if the Parson Patron and Ordinarie ioyne in a graunt of an Anuitie to S. H. and his heires except they speake of the successors of the parson and that the same be granted for the parson and his successors this cannot be good longer then forthe time that the parson that granted the same continueth Parson for an Anuitie is nothing but a parsonall Dutie and no otherwise And if such an Anuitie bee granted ouer it is not needfull to haue Atturnment all which proueth that the same chargeth not the Land but the Parson yet neuerthelesse the parson is charge for if the Grantor assigne or be remoued by any meanes whatsoeuer the charge followeth not his parson but resteth vpon his Successors and the Iurie may bee taken of the Towne where the Church is which proueth that such graunt chargeth the parson in respect of the Land Moreouer when the Patron and Ordinarie confirmeth the graunt of the Parson it is requisite that the Confirmation be made during such time as he is Incumbent that made the Charge for if hee Die be remoued resigue or otherwise be deptiued before the confirmation such Confirmation is voyd notwithstanding If an Incumbent grant rent charge to begin after his Death out of his Rectorie and the Patron and Ordinarie confirmeth the same this is good for so long time as it is graunted The second principall Reason to proue the intrest they haue to the Church or Rectorie is that all three may charge the Church in perpetuitie so may the Patron and Ordinarie doe onely in time of vacation which charge shall bind the Successor for euer Because none hath intermedling with the Rectorie but the Grauntors aforesaid The third principall reason is this that as the Patron and Ordinarie in time of vacation may charge the Church in perpotuitie so they may make a release by which any Anuitie that chargeth the Church or Rectorie shall be extinguished euen in the time of vacation Also if a man hath an Anuitie out of the Church of S. and afterward this Church is vnited to the Church of D. and after the vnited Church becomes void if the Grantee release in time of vacation to the Patron that was patron of the other Church that is to say of D. and to the Ordinarie such release shall not discharge the Incumbent because it was not made to the Patron of the Church that was first Charged for although both the Churches are vnited and become one yet are their patronages distinct and seuerall moreouer that Intrest that the Patron and Ordinary hath in the Rectory is but Collaterall and ius disponendi and no otherwise as hath beene formerly said For if an Advowson discend to an Infant and the Incumbent bee impleaded in a writ of Anuitie and prayeth ayde of the Patron and Ordinary and for that that the patron is within age likewise prayeth that the Parol may demurre vndiscussed during his nonage this shall not bee granted but the In●ant in such case shall bee ousted of his age because the charge lyeth vpon the parson and not vpon the patron or Ordinary who are not at any time to inioy the Rectory themselues but onely are to haue the disposition thereof Finally to proue that it is meerely Collaterall If the patron Ordinary doe

Mannor and Advowson and after the Church becommeth voyd the lessor may present to the Church without any entrie made into the Mannor because his entrie was lawfull into the Mannor But if it be a rightfull purchase that requireth some other act to be done for the execution and perfection of the same then cannot the perfection thereof bee accomplished in the accessarie that is to say in the Advowson before the same bee performed in the principall wherefore it is holden by the better opinion in the 9. E. 3. 43. 839. that where a certaine Chamber was exchanged for certaine Acres of land with an Advowson appendant to the same acres of Land to perfect this exchange hee that had the acres and Advowson in exchange could not present to the Advowson vntill he had made his entrie into the acres And thus much hath beene said how an Advowson appendant may bee seuered from the principall and againe recontinued with re-entrie or without entrie into the same LECT 10. Of Advowsons in Grosse AS concerning our first purposed Diuision to be eyther appendant or in grosse or partly appendant or partly in grosse I haue before prosecuted the first part that is to say The natures of Advowsons appendant now therefore it resteth to speake somewhat of Advowsons in Grosse The originals of Advowsons in grosse seemeth to be grounded vpon two occasions The first is that Advowsons in grosse at the beginning begun originally by one of the before-specified three manner of wayes which is Ratione fundationis for when they were agreed that hee that founded the Church and was at the cost of the building thereof should be Patron thereof hee cannot be Patron of this by reason of any Land or D●●ation by which his patronage might be appendant but onely by reason of the building which being a Patronage without Land must of necessitie bee the originall cause of Advowsons in grosse The second occasion of Advowsons in grosse was the sundering and seuerance of them from the principall to which they were first appendant and so by Graunt or other Conueyance they became in grosse which before were appendant wherefore how they may be fundred by Graunt now let vs consider and see what questions in our Bookes haue been moued herevpon In the 33. H. 8. 44. 48. 112. Pyer of the Opinion that Shelly is That if a man be seisied of a Mannor to which an Advowson is appendant and alien one Acre parcell of the Mannor and by the same Deed after graunteth the Advowson that the Advowson shall passe in grosse otherwise hee thought the Law to bee as if the Feofment were made of the entyre Mannor yet this Difference agreeth not with the opinion of Hill who thinketh that in both cases the Advowson passeth appendant Yet I thinke If a man be seisied of a Manner to which an Advowson is appendant and after granteth by his Deed one Acre parcell of the Mannor and by another Deed the Advowson and deliuereth both those Deeds at one time to the Grantee although in construction of Law both those Deeds are but one Deed yet the Advowson passeth in grosse clearely and not appendant to the Acre If a man be seisied of a Mannor with an Advowson thereto appendant and graunteth the Mannor to I. and S. excepting one acre the Advowson not being specially spoken of in the Grant it still remaineth to this Acre excepted Fo 〈…〉 saith Bracton Si partem fundi dederit quis quamvis cum omnibus pertinentijs suis partem retinuerit non propter hoc transfertur advocatio sed cum donatore remanebit licet minimam partem fundi retinuerit non enim transfertur cum aliqua parte fundinisi special●tur transfertur If hee which harh a Mannor to which an Advowson is appendant giueth one part of the Mannor with one part of the Advowson to A. and the second part of the Mannor with the second part of the Advowson to B. and the third part of the Mannor with the third part of the Advowson to C. in fee yet notwithstanding this Diuision the Advowson remaineth in common appendant If a Mannor to which an Advowson appendant is belonging discend to an heire and if hee grant the moitie or third part of the Mannor cum pertinentijs no part of the Advowson passeth but if he assigne Dower to his Mother of the third part of the Mannor cum pertinentijs she is hereby endowed of the third part of the Advowson and may haue the third presentment It a man bee seisied of a Mannor or one acre of Land to which an Advowson is appendant and maketh a lease of the Mannor or acre for tearme of life excepting the Advowson the Advowson is in grosse and cannot bee appendant to the reuersion of the Mannor or acre But if I lease the Advowson for tearme of life reseruing the Mannor in my hands yet the reuersion of the Advowson remaineth alwayes appendant to the Mannor or to the acre of Land For if a grant be made by me of a Mannor or acre with the appurtenances the reuersion of the Advowson passeth for the reuersion of an Advowson may bee appendant to a Mannor or acre in possession but the Advowson in possession cannot be appendant to the reuersion of an acre or of a Mannor Also if a man hath a Mannor to which an Advowson is appendant and alieneth the same Mannor and excepteth the Advowson the Advowson is become in grosse and although hee purchase the Mannor yet is the Advowson still in grosse and cannot bee appendant But in all these cases some are of opinion● that although the Advowson bee excepted out of the grant of the Mannor yet neuerthelesse it is requisite to haue a Deed of such grant containing such exception otherwise the Advowson will passe with the Mannor LECT 11. Of Advowsons partly appendant partly in Grosse HAuing formerly spoken of Advowsons appendant and in grosse now remaineth the last member of the former diuision to be mentioned which is Advowsons partly appendant partly in grosse Such Advowsons as are partly appendant and partly in grosse are so deemed either in respect of the time or in respect of the persons In respect of the time in this manner some Advowsons there are that are at one time appendant and at another time in grosse and so againe may be appendant as occasion serueth As if a man bee seisied of a Mannor or of an acre of land to which an Advowson is appendant and leaseth the same Mannor or acre excepting the Advowson the Advowson is now become in grosse and yet after the lease is ended shall bee againe appendant as before In respect of the parson it may so happen that an Advowson may bee appendant in regard of a proprietor thereof and that in many cases One case to begin with is this that if a man be seisied of a Mannor to which an Advewson is appendant and an Estranger leauieth a fine of the same Advewson to him

before he sue for the temporalties out of the hands of the King the free-hold bee in him or not is diue●sly taken in the 38. E. 3. ●0 ● 5. Notwithstanding the Metropolitan ought to certifie the day and time of the consecration of euery Bishop within his Diocesse for according therevnto he shall be restored to his Temporalties and this I thinke to be reason Thus you see that in some respect the Election of a Bishop resembleth the Presentation of a parson the Confirmation resembleth the Admission of a parson the Creation resembleth the Institution of a parson and the Installation or the inthronation the Induction of a parson yet in many other respects they differ And although after the abrograting of the Popes authoritie out of this Realme it be ordained by the 25. H. 8. cap. 20. that the election of Bishops and Archbishops should be altered and the King restored to his ancient prerogatiue therein which prerogatiue King Iohn and his ancient progenitors long since enioyed and although likewise the Ceremonies forme and manner of consecration of Bishops by the Authority of parliaments in the time of King Ed. the sixt were now appointed and published all acts of parliament being repealed by the first and second of Philip and Mary are now reviued and in force by Eliz. yet our former position holds now firme Law that no Church nor Spirituall Dignitie at this day becommeth voyde by king the Incumbent thereof Byshop vntill his Consecration as well by rigour of ancient time as by Statute And therefore at the Common Law if the King vpon defect or otherwise giue by vertue of the 25. H. 8. 20 by his Letters pattents to any fit parson any Byshopricke or Archbyshopricke within this Realme without Election and therevpon before Consecration restore to him his Temporalties or if the Pope had giuen a Byshopricke to any fit person by reseruation which amounteth in Law to an Election and Confirmation if the King had restored to him his Temporalties yet in both cases vntill Consecration he is no perfect Byshop nor his former Dignities by such Grant and restitution of Temporalties become voyde vntill Consecration as aforesaid If before the 25. of H. 8. 10. the Incumbent of a Benefice had beene Elected Byshop and confirmed and before consecration had obtained of the Byshop of Rome a dispensation still to enioy his former benefice notwithstanding his Creation or Consecration had ensued accordingly yet by such Creation the Church should not haue beene voyde but the partie still enabled to retaine the same Benefice against the patron by vertue of such Dispensation So at this day if an Incumbent of a Spirituall Benefice be elected and confirmed and before hee bee consecrated obtaine licence or dispensation of the Archbyshop of Canterbury to detaine the Benefice incommendam yet hee shall be promoted to the same Byshopricke although his licence neuer bee enrolled in the Chancerie according to the 25. H. 8. but onely enrolled by the Register of the Archbyshop although the Consecration be before this licence or dispensation appointed to take effect yet by vertue of such Dispensation the former Dignitie or Benefice becommeth not voyd by the same Consecration Yet if the I●eumbent of any Spirituall benefice be elected consecrated and confirmed Byshop and after his Consecration procureth a Dispensation of the Pope in papacie or of the Metropolitan since the Stat. of the 25. H. 8. c. 20. such Dispensation shall not be available because by the Consecration the former Dignity or Benefice was actually and in Deed voyd and then neyther the Dispensation of the Pope could at any time nor of the Metropolitā at this time take from the Patron the right of his presentation of such avoyded Dignitie by the Consecration acrewed to him because after the first Dignitie is once voyde by the Consecration the Dispensation commeth too late Yet the King Ex summa authoritate sua Regia Ecclesiastica qua fungitur may grant to the Byshop that is consecrated power to take and receiue by presentation Institution and Induction any Spirituall Benefice and to hold the same in Commendam notwithstanding his estate of being Byshop for so the Pope vsed to doe and the same Authority is recognised by the Statute of the 25. H. 8. to be in the King or Queene of this Land which was within this Realme by the Pope Finally this is to be noted that whereas before it hath bin said that Deprivation is the act of the Law yet grounded vpon the act of the partie So is Creation of the Byshop the act of the Law wherefore if a man bring an action and pendant his writ bee created Byshop the writ shall not abate because it is onely the act of the Law but yet Resignation is meerely the act of the party thus much for Creation FINIS Tull Offi● lib. 1. Quid. Fitzh N. Br. 30. Ibid. 33. a. 31. E. Ib. 34. 9. E. 14. H. 3. Fetzh quare Imp. 183. Summa ho●stènsis d● jure patrono Sūma Anglse eod tit Sūma Siluestrinae tit Patronatus 34. H. 6. 40 v. Asliton Iohan. Bellonius de et imologijs 34. E. 3. Fitzh Qu. Imp. 187. ●●●ma hostieus ti● ius Patronas I. Honos Onus Vtilitas Breuia 33. H. 6. 34 b. 35 a. act 13. E. 3. 15. b. 33. H. 6. 33. a. 5. H. 7. 36. b. 37. a. Fitz● 1● br 217. b. 12. H. 8. 7. b. per Pollyard Com. 284. a Com. 487. b Bracton Jus. 2. H. 7. 36. Ratio 1. 12. H. 8. 7. b 21. H. 7. 4. ae Ratio 2. 31 ● 3. Graunt 90 Anuitie 53. Ratio 3. Fitzh Release 57. ●ur ven 6. 33. aide ●● Roie 103. 7. H. 6. 38. b 8. H. 6. 24. 21. H. 7. 44 7. H. 4. 16. ● 11. H. 5. ● 8 b. 14. H. 8. 31. ● Fitzh 30. b 38 ● 6 20 a. Per Por●escue Com. 157. ● 45. E. 3. 19. b 32. H. 6. 3● a. 7. H. ● 13 b. Fitzh fol. 34. f. 9. E. 3 43. E. 3. 16. 20. E. 4. 15. b 5. H. 7. 17. b 6. H. 7. 3. a. 12. H. 7. 16. a 26. H. 8. 2. a 33. H. 6. 34. b. Com. 176. v 21. E. 3. 5. a 40. E. 3. 44. b. 42. E. 3. 7. b. 1. H. 4. 16. a. 33. H. 6. 34. b. 5. H. 7. 37. 14. H. 7. 26. a. 15. H. 7. 8. 43. E. 3 15. b 33. H. 6. 35. 5. H. 7. 33. b. 33 H 6. 35 b. 5. H. 7. 37 b. 15. H 8. a. 5. H. 7 37. On. 38 b. 20. E. 4. 15 b 5. H. 7 38. 15. H. 7. 8 a. 7 E 4 6. Fitzh 29 3 1 49. d 3. H 7. 5 a. 19. E. 2. Fitzh Qu. Imp. 177. Fitzh 3. b. 32. H. 6. 11 b. 14 H 6. 15 b. Fitzh 30. v. 7 E. 3. 30 b Fitzh 31. b. 14 H. 6 15 b. 33 H 6 11 b. 5 H 7 7 b. 14 H. 6 15 b Fitzh 11 br 39. 29 E 3 5. b. 9 H 6. 57 a 32 H 6 22 a. 5 H 7 36. a 37 b 12. H 8 a. 8 E 3. Fitzh recouery in value 11 9. 33 H 6. 4. Lit. 20 E. 4. 15 a. 8 H. 7 4 b. Com. 161 ● 5. H. 7. 6. 5. ● 7 37. a. 13. a 11 E. 4. 11. v. 2● E. 4. 15 b. Fitzh 33. k ● 10. H. 7. 19 33. H. 6 4. b. lib. vlt. 34. ● 3. Quare ●●p Fitzh 10. 9. E. 6. 5. 9. b. 20. Dyer 14 H. 6. 25 b. Fitzh 39 ●2 H. 6. 64. b. 33. H. 6. 11 12. a. 6 ● 6. 74. b 44. Dyer 18 E. 3 ●5 41 H. 4. Fitzh 88. 33. H. 6. 5. a. fine 5. H. 7. 10. a Fitzh feofments and feof 115. 17. E. 3. 45 18 19 21 22. E. 3. 6. b 7. a. Thorpe Fitzh 32 ● 43 E. 3. 26. b or v. Thorp 17. E. 5. a. Mombray Com. 170. b. 16 H. 7 13 b 9 b. 17 E 3 51 ● 20. E. 4. 6. b. 11 H 6. 32. b 5. E. ● Qu. Imp. 165. 178. 7. E. 3 12 a. 51. a. 16. E. 3. w d● faits 11 6 5. E. 3. 26 b. 11 H. 6. 18 b. 31. H. 6 14. a. Fitzh 33. v. t. 34 35. f. 2. E. 3. Grants 89. 56 Dyer 35 7 E. 4. 61. a 75 a 11. H 6 18 a. 32. b. 17. E. 3. 51. ● 11. H 6. 18 32. b. ● 11 H. 6. 18 22. 8 H. 7 16. Com. 169 b 43 E 3. 30 a. Fitzh Qu. I 〈…〉 p. 13 33. E. 3. Fitzh aid le Roy 103. Ibid. Fitzh 103. Ratio 1. 22. H 6 33 lib. fund leg 70. 2. Ratio 2. 9. H 6. ●8 or 8. b. 38. H. 6 33 a 39. b. 10. H. 7. 19 a Keeble Ratio 3. 5 H. 7. 36 a 38 a 4. E 4 36. b ●it 184. 9. E. 4 39. b 5 H. 7. 5. H 7. 4. b 21 E. 4. 32. b 19. Ass 10 8. H. 7. 6. 1. E. 4 10. a. 18 H. 7 12 b 11 H. 6. 81 21. Ass 53. Br. incid 34 12. E. 288. 1. Reason Answered Fitzh 181. 44 E 3 bre 581 5. H 7 37 b. 9 H 6 28 b ●3 H. 6. 39. 38. H. 6. 38. a. 3. Reason Answered 19. E. 3. Fitzh br 884. Regist 228. br incid 38. P. 39. 39. Eliz. Rot. 2024. Longs case in Com. bank 5. E. 6. 70. Pl. 41. Dyer Iudgement Bracton lib. ● ●● 55. C. 23. 38. H 6. 38 b. 38. a. ●4 E. 3. 69 a. b. 14. H. 4 11. a. 1. H. 5 16. ● 4. 123. a. 21. H. 6. 17. Fit●b 33. b 14. H. 4. 11. a. 21. H. 6. ●7 a. 24. E. 3. 69 b. Com. 526. ●1 E. 3. ● ● 1. 2. 14. H. 8. 8. a 38. ● 3. 30 b. 5. ● 2. Fitzh 800 2 E 3 Fitzh bre 250 21 ● ● 5. 6. 41 E 3 56 46 ● 3. 32 ●