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land_n manor_n say_a tenant_n 2,336 5 10.4318 5 true
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A11213 The poore vicars plea Declaring, that a competencie of meanes is due to them out of the tithes of their seuerall parishes, notwithstanding the impropriations. Written by Thomas Ryves Dr. of the Ciuile Lawes. Ryves, Thomas, Sir, 1583?-1652. 1620 (1620) STC 21478; ESTC S116301 50,156 162

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my purpose is not at this time to perswade a Parlament to make a Law but to prooue vnto the world That the Law is of force alreadie and wanteth nothing but a fit and a willing hand to put it in execution In pursuit of which point I list not frame vnto my selfe an aduerse partie Rather I wish that the iustice of the cause may neuer finde an enemie Neither will I be curious in forging Arguments against mine owne opinion for that were but like tilting at a Sarazens head Onely I will shew that all those Statutes which most properly concerne this matter make nothing against but altogether for the Vicars maintenance in such sort as hath beene before declared wishing and hoping also That some religious Professour of the Common Law may hereafter vpon these poore grounds of mine goe on and maintaine this cause of GOD and of his Church with more strength of witt and force of Arguments then I am able to doe in a point which doeth not so properly belong vnto mine owne profession The Statutes therefore that principally ●7 31. H. 8. 1. Edw. 6. in England 28. 32. H. 8. in Ireland concerne this matter are those of 27. and 31. Henry 8. and 1. Edward 6. in England and those of 28. and 32. of Henry 8. heere in Ireland to the same effect All made for the dissoluing suppressing surrendring and taking into the Kings hands the Monasteries Free-Chappels and other religious houses in both these Kingdomes In these Statutes it is intended that the King shall haue and hold the said Monasteries with their Parsonages appropriate and other lands in as large and ample manner and forme as the late Abbat or Prior held them at the time of the dissolution suppression or other giuing vp of the same for so say the Statutes His Maiestie shall haue and enioy to him and his heires for euer all and singular such Monasteries and tithes and in as large and ample manner as the Abbats now haue them in the right of their Houses And in another place of the same Statute it is said That the Takers from the King shall haue and hold all such lands c. And shall haue all such Suites Actions Entries c. in like manner forme and condition c. And in another passage That the King shall hold them in the same state and condition as now they be c. Which words of manner forme state and condition are not to bee restrained as I conceiue to the present and actuall possession of the Abbat at the day of the dissolution but to the vniuersall right which he had in the name of his House And therefore wee finde it sometimes added in those Statutes Or of right ought to haue had held or occupied the same at the time of the dissolution For whether the Abbat had any thing vniustly detained from him the King succeeding in his right had action to recouer it because the Abbat might and of right ought to haue recouered the same Or whether the Abbat owed any thing to any man or wrongfully detained from any man the King or his Grantee standing seised in his right might bee impleaded for it because there was no more passed to the King then the Abbat ought of right to haue possessed And therefore the law chargeth the King with the paiment of all the due debts of the Abbats or their Houses by the Statute 27. Henry 8. in England not printed Whereas therefore it is said That the King shall hold those lands and Impropriations in the same manner forme and state as the Prior did at the time of the dissolution I take the meaning to be that hee shall enioy them by vertue of that Act with the same limitations priuiledges and burdens as the Prior did As for example The Templars held their lands exempt from paiment of tithes not simply but sub modo scilicet quamdiu propriis manibus excoluntur wherefore sub eodem modo and in the same forme and state the King doth and ought to hold those lands exempt from paiment of tithes vnto this day And that this is so and that those Acts of dissolution did not onely looke to the present actuall estate of those lands but had an eye to the whole right of the Abbats and to all future possibilities appeareth plainely by a Case of the 11. of the late Queene reported by Dier 11. Elizabeth Dier Where a Prior of a late dissolued house of St. Iohn of Ierusalem had long before the dissolutiō made a lease of the Mannor of D. for terme of yeeres vnto A. which A. beeing tenant did pay tithes of the said Mannor to the Abbey of Rochester Vpon the dissolution the King granted the reuersion of the said Mannor in fee vnto one Stathome and his heires Afterwards the lease expired and Stathome taking the land into his owne hands refused to pay tithes alleaging that the Mannor was passed to him To haue and to hold the same in as ample manner as the Prior held it c. And further declared in Chancery That the said Prior so long as hee held it in his owne hands was discharged from paiment of tithes by a priuiledge from Rome as all the Cistertians Hospitalers and Templars were And vpon consideration of the Statute of 27. Henry 8. It was resolued by Catlin Saunders Southcote and Dier and vpon their opinion it was accordingly decreed by the Lord Keeper that then was That the said Stathome and his heires should hold the said Mannor discharged from paiment of tithes Tanque a ceo quils ceo lesseront misseront a ferme i. vntill such time as they should let it out to farme for sub hoc modo was the priuiledge granted to the Prior and sub eodem modo was the land to bee held by the King and from him by Stathome and his heires By the same reason if at the time of the dissolution the Prior had held it in his owne hands and consequently it had come to the King and from him to Stathome discharged from tithes in the beginning yet if afterwards he had let it out to a Farmer his Farmer should not at this day bee discharged because the Priors farmer was to pay it notwithstanding the priuiledge And Stathome was to hold it In such and in like ample manner True but in no more ample manner then the Prior did Now the Prior was to hold it discharged from paiment of tithes no longer then while hee held it in his owne hands therefore also Stathome shall hold it in the same manner and with the same limitation This haue I heard deliuered by men of good sufficiency and skill in the Common Lawes And Dier seemeth to auerre as much when he saith Tanque à ceo quils ceo lesseront misseront à ferme Implying thereby That so soone as it should fall into a Farmers hands the priuiledge should be suspended as being not Simple but Modall and restrained