Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	lord_n	manor_n	tenement_n	2,271	5	10.9998	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

such like likewise to a Castle more vsually to a Mannor all which principall things that is to say the Earledome Honour Castle and Mannor c. are Inheritances compound made and combined of diuers things and in nature different being those which the Logicians call Tota Intigratia It may bee appendant to an Acre of Land or to a Messuage to a Rectorie Parsonage Church or such like And so one Church may be appendant to another of which we shall take occasion to speake in the Lectures following But at this present let vs see in what sort it may be appendant to a Mannor Advowson that lyeth in one Countie may be appendant to a Mannor that lyeth in another Count●e And how two or more Advowsons may be appendant to one Mannor may be manifested thus If hee that in Ancient time was seisied of a Mannor that extended so large as it was diuided into diuers Parishes the Lord of the same Mannor eyther gaue out of the same Mannor land to build or to endow euery of the Churches and so euery of them might be appendant to the same Mannor How one Advowson may bee appendant to two Mannors may likewise thus appeare Suppose that A. be Seisied of an Advowson of the Church of Dale as appendant to the Mannor of Sale and that both those Churches by the Ordinarie and by the consent of both the Patrons bee vnited and called the Church of Dale and ordained that the Patrons shall present by turne for euer these Churches by this vnion and confederation are made one and so the Advowson entire and no moities as is betweene Coperceners joyntenants and tenants in common and therefore it is appendant to both Mannors for the Patrons seuerally presenting shall present to the same Church as appendant to both Mannors that is to say the one shall present seuerally to the Church as to his Mannor of Dale and the other also shall present thereto when his turne commeth as appendant to the Mannor of Sale Yet some are of opinion and some authorities there are that each of the same Patrons after the same vnion is seisied De medietate Advocationis Ecclesiae And in what manner soeuer the same Advowson be entire yet is the Parsons intrest seuerall For if such Incumbent which is presented after such vnion made graunt a rent charge out of the Gleebe and one of the Patrons onely confirme no Distresse after the Death of the Incumbent that granted the rent can bee taken vpon the Gleebe that belongeth to the Gleebe of the other Patron to make the same subiect to the charge in perpetuitie for that that hee confirmed not But if the Mannor of Dale bee holden of the Mannor of Sale and to the Mannor of Dale is an Advowson appendant and that the Mannor of Dale hath Escheated to the Mannor of Sale so that the Demeanes of the one is become parcell of the Demeanes of the other yet the Advowson shall be still said appendant to the Mannor of Dale as it was at the first And the Mannor of Dale shall continue still in reputation ● Mannor in respect of such things as are appendant therevnto The moitie of an Advowson may bee appendant to a Mannor or parcell of a Mannor Also in the pleading of a case in Ed. 6. by Dyer it appeareth that one fourth part of an Advowson was alledged to be appendant to the one moitie of a Mannor and another fourth part of the same Advowson was appendant to the other moitie of the same Mannor and the other two parts were in grosse yet neuerthelesse an Advowson in euery such or the like cases cannot be said to be diuided properly for that that it is entyre if you respect the presentation and not the right of Patronage For if a man hath an Advowson and giueth one part thereof to A. and the other part to B. one third part to C. yet the Advowson remaineth entyre amongst them and if any of them disturbe his companions they are without remedy for that they ought to ioyne in a Quare Impedit because the presentation is a parsonall thing and entyre wherein they ought to agree but seeke how they can seuer in these causes in a writ of Advowson Moreouer as touching the right of Patronage if one bring a writ of right of Advowson and the tenant pleadeth that the demandant is seisied of one sixt part or of some one part of the Advowson the entyre writ shall abate notwithstanding if it be in barre but for parcell because cause the Advowson is entyre and not seuerall by reason wherof the demandant cannot abridge his demand And as in the ●ases aforesaid it hath appeared that ●● Advowson of a Church may bee ap 〈…〉 ●o a M●nnor in like manner may the 〈…〉 wson of a Priorie bee appendant to a 〈…〉 LECT 6. To what things an Advowson may bee appendant secondarily IN the Lectures aforesaid was shewed to what sort of Inheritances an Advowson may bee appendant originally Now it remaineth ●o show to what things it may bee appendant secondarily An Advowson therefore cannot bee appendant to one Acre of land or two acres but only to such parcels of land as haue beene parcell of a Mannor or parcell of any Earldome Castle or such like Inheritance to which an Advowson may bee appendant originally But in what order the same may bee appendant to one Acre let vs consider some bee of opinion that if a man be seisied of a Mannor to which an Advowson is appendant giueth certaine acres of the same Mannor vna cum Advocatione to another in such case the Advowson shall not passe to the grantee vnlesse the same be by Deed and so the same shall be appendant to the same Acres So likewise some hold opinion that if a man be seisied of a Mannor to which an Advowson is appendant in right of his wife or Ioyntly with his wife and maketh a seofement in fee of certaine acres parcell of the demeanes of the same Mannor vna cum Advocatione and dieth that the wife notwithstanding this may present to the Advowson before she recontinue the same acres by Cui in vita because as they thinke the same Advowson is not appendant to the same Acres and such alienation is not but during the life of the Husband Neuerthelesse I doe not perceiue any great reason why the Law should be so in such a case for if a tenant in tayle of a Mannor to which an Advowson is appendant aliene some of the same Acres parcell of the Mannor together with the Advowson although it bee without Deed notwithstanding it is appendant to the Acres and cannot be recontinued but by Formedon to be brought for the same Acres which case in reason being like to the Formedon of the Acres and Advowson aliened by the husband I know not any difference of Law that should bee betweene them And therefore if a man

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

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