Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	life_n	reversion_n	tenant_n	3,892	5	10.3942	5	true

Text snippets containing the quad

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

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

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

bee seisied of a Mannor to which an Advowson is appendant and make a lease for life of the same Mannor vna cum advocatione if the lessor enter into the same Acre of land for forfeiture hee hath recontinued the Advowson as appendant to the same Acre An Advowson cannot Originally bee appendant to a Messuage but Secondarily it may therefore if an Advowson be appendant to a parcell of land which was sometimes part of the demesnes of a Mannor and suchlike if a Messuage be built vpon the same parcell of land the Advowson shall be appendant to the same Messuage and if the same Messuage fall or bee pulled downe the same Advowson shall bee againe appendant to the Soyle as it was before So likewise an Advowson may by a secondary meanes be appendant to a Rectory for Vicaridges being not first erected in as much as the Substitute cannot bee before the principall but all at the beginning were Parsonages of the which Vicaridges were deriued and that for the most part by the reason of many Impropriations of benefices to the houses of Religion and Spiritual corporations which were not of themselues in all points fit for the function and cure of soules The reason is because that the Advowson of a Vicaridge should bee alwayes appendant to the Rectory of a Parsonage so that he that is Parson or Persona impersona as they call him of this Church is of common right Patron of the Vicaridge of the same Church except some other seuerall ordinance at the beginning of the endowment of the same Vicaridge were made to the contrary And therefore by the graunt of a Parsonage with all the hereditaments thereto belonging the Advowson of a Vicaridge passeth to the Grantee In the same manner it should be if the Vicaridge were endowed so there be a Pa●son and a Vicar both presented into one Church as by the Law there may well be but if the Vicaridge become voyd and hee that is Parson hauing the Advowson of the Vicaridge as of common right hee ought present one to the same Vicaridge by the name of Parson who is admitted and Instituted accordingly by such presentation hath the same Vicaridge lost the aforesaid name and is becommed a Parsonage tamen querae if the first Parsonage remaine and if one of those parsonages if they both continue be appendant to the other but it seemeth by the Booke of 11. H. 6. that there should be but one Parsonage and the Vicaridge extinct An Advowson of a Church or Chappell cannot originally bee appendant to another Church or Chappell for that that things of one nature cannot be originally appendant each to other But notwithstanding secondarily the Advowson of a Church or Chappell may be appendant to another Church or Chappell As if the Advowson of a Church or Chappell bee appendant to one Acre of land that was sometimes parcell of a Mannor or such like and after a Church or Chappell bee built vpon it the last new erected Church shall bee appendant to the aforesaid Church An Advowson may be amortified to a Church or Chappell and if it be recouered and lost by Default the parson thereof may haue a Writ of right And an Advowson may be parcell and part of a Dean●rie and if the same bee in any free-Chappell of the King if the Deane be impleaded he may of this haue ayde of the King And thus much concerning Inheritances to which an Advowson may be appendant LECT 7. In what manner Advowsons are appendant to a Mannor NOw it resteth that I determine in what manner Advowsons are appendant And first of all if the Advowson be part or parcell of the Inheritance to which it is appendant and whether it bee onely accident or incident thereunto Secondly if an Advowson be appendant to a Mannor that consisteth of Demeanes and seruices in respect both of the demeanes and seruices or if it shall be said appendant to a Mannor in respect onely of the Demesnes in as much as the Demesnes are one corporall Inheritance and such part of the Mannor as onely lyeth in manuell occupation 1 As concerning the first the Authorities of our Bookes are diueisly deuided some tending to one effect and some to another our best course therefore is to consider the Arguments and to giue censure with that which seemeth most agreeable with Law Some hold that an Advowson appendant to a Mannor and the like is eyther part or parcell of a Mannor Honour c. or other Inheritance to which it is appendant And they ground themselues vpon the authorities of 43 R. 3. 22. a. b. where it was adjudged that the grant that King H. the 3. made to Thenel Marshall of a Mannor to which an Advowson was appendant without thesewords cum pertinentijs and without any mention of the Advowson yet notwithstanding the Advowson passed in case of the King before the st 〈…〉 ce of Praerogativa Regis Cap. 15. And so likewise it is in the case of a common parson at this day although in the 8 H. 7. 4 the opinion of some others in the 5 H. 7. 38 b. be against it vpon which they inferre that an Advowson is parcell of a Mannor for so expressely is the opinion of others in the same booke of 5. H. 7. 38. b. Secondly in the 9 H. 6. 28. b. and in the 38. H. 6 33 a. in the Abbeyes of Scyons case the difference is agreed for Law that if the King be seisied of a Mannor to which an Advowson is appendant and granteth the same Mannor and in the grant the words of the Pattent are dedimus concessimus the Mannor of D. expressing not the Advowson in the clause of the grant if afterward in the habendum there bee habendum cum aduocatione of the Church of D. the Advowson passeth by such grant although it be not comprehended in the clause of the grant but if the King grant the Mannor of D. to which no Advowson is appendant habendum cum aduacatione Ecclesiae de S. this Advowson passeth not for that that it is mentione● after the grant the reason of which difference they thinke to be because in the first case the aforesaid Advowson appendant is parcell of the Mannor which is not so in the last case in the 8. H. 7. 3. b. and likewise in the 10. H. 7. 19. a. it is said that an Advowson appendant is a compound thing to the composition whereof diuers things are requisite al● which things commixt make the Mannor and euery of them is parcell thereof for as Rent cannot be Land so Land cannot bee an Advowson nec econuerso yet euery of these things of diuers natures make the Mannor and are parcell of the Mannor saith Keeble And if a man demand a Mannor by his Writ and an Advowson is appendant thereunto hee ought to make an exception of the Advowson which seemeth to prooue

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