Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	person_n	possession_n	tenement_n	1,318	5	10.9693	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91199	Jus patronatus, or A briefe legal and rational plea for advowsons, or patrons ancient, lawfull, just and equitable rights, and titles to present incumbents to parish churches or vicaridges, upon vacancies. Wherein the true original of advowsons and patronages, together with their justice, legality, equity, are demonstrated; and a full jury of legal writs and remedies (provided by our municipal lawes for defence and recovery of patrons rights, against all usurpations or encroachments on them) produced; as a seasonable antidote, against the late anomolus vote passed to their prejudice, without any hearing of patrons by their councel, or lawful tryal by their peers. Whose duty is here declared; and our fundamental laws defended. Compiled for the present and future benefit of our churches, ministers, and all true patrons of them. By William Prynne of Swainswick Esq;	Prynne, William, 1600-1669.	1654 (1654)	Wing P3988; Thomason E735_1; ESTC R203240	44,857	56

Clerk in nostri ac Mandati Nostri praedicti contemptum Executionis Judicii praedicti retardationem ipsius A DAMNUM NON MODICUM ET GRAVAMEN If the Bishop shew good cause he shall be excused or else fired for his contempt dammage prejudice to the Patron The Eight is the Writ of * quare Incumbravit directed to the Bishop summoning him to appear before the Kings Justices in case when he incumbers and fils the Church pending any suit in the Kings Court by a Writ of Assise Right or quare Impedit contrary to the Writ of Ne admittas directed to him by means whereof the true Patrons Clerk when he recovers cannot be admitted freely thereunto in ipsius DAMNUM NON MODICUM ET GRAVAMEN CONTRA LEGEM CONSUETUDINEM REGNI NOSTRI For which if he can shew no good cause he shall be fined and the incumbrance removed The Nineth is * a Writ of Prohibition to the Bishop prohibiting him to hold Plea in Court Christian DE ADVOCATIONE Ecclesiae de N. vel Medietatis vel Tertiae partis vel quatiae partis Ecclesiae de N. unde G. queritur quod R. Episcopus Sarum trahit eos in placitum coram vobis in Curia Christianitatis quia placita DE ADVOCATIONIBUS ECCLESIARUM Spectant ad Coronam Dignitatem nostram And if the Bishop proceed in this Plea to the Patrons or Kings prejudice an Attachment shall issue out against him and he shall be imprisoned and fined for this contempt and his temporalities seised The Tenth is a Writ of * Judicavit where two Incumbents of two neighbour Churches presented by several Patrons implead one another in the Bishops Court for Tithes as belonging to their Churches amounting to the moity third or fourth part of the Tithes or any lesser part before Articuli Cleri c. 2. then either of the Patrons might sue a Writ of Judicavit out of the Kings Court to the Bishop to prohibit and stay the suit in the Bishops Court till the right of Tithes were determined in the Kings Court because else the Patron as the Writ suggests jacturam Advocationis suae incurreret si praedictus C. in causa illa obtineret For the Advowson would be so much the worse as the value of the Tithes formerly belonging thereto and recovered from his Incumbent in the Bishops Court amounted unto This Writ discovers how carefull our Kings Common Laws were to preserve the right of Patrons from the least prejudice or diminution by their own Incumbents or any others The Eleventh is the Writ Ad Iura Regia which lyes where the King is Patron or hath right to present or others interrupt or disturbe his right of Presentation or Incumbent when presented before or after Iudgement given for him in any Spirituall Court by appeal c. or Buls from Rome to the dishonour and prejudice of the King and the rights of his Crown In which case the parties for their contempt shall be attached committed to prison and exemplarily punished as appears by the Register of Writs f. 61 62 63 64. to which I remit the Reader The Twelfth is a Praemunire in cases when any shall procure or execute any Exemptions or Buls from the Pope as the Cistertians did to be exempted from payment of Tithes to the prejudice of the Patrons in their Advowsons as well as of the Incumbents A severe penalty inflicted on them by the Statute of 2 H. 4. c. 4. which Statute as Printed because it mentions nothing at all relating to Patrons I shall therefore transcribe the Petition in Parliament and the Act made thereupon verbatim out of the Parliament Roll it self which is most punctual full and considerable ●et unknown to most Lawyers as well as Patrons whom it concerns 2 H. 4. Rot. Parl. num 41. Item a Petition was delivered in Parliament touching the Ordering of Cistertians or Cisteux the which by the Kings commandement was sent to the Commons for to be advised of and deliver their advice thereon of which Petition the words here ensue May it please Our most Gracious Lord the King to consider that whereas time out of memory the Religious men of the Order of Cisteux of your Realm of England have paid all manner of Tithes of their Lands Tenements and Possessions let to Farm or manured and occupied by other persons than themselves and likewise of all manner of things titheable being and kept upon the said Lands Tenements and Possessions as fully and intirely and in the same manner as the other Leiges or Subjects of your said Realm Yet so it is that now of late the said Religious have purchased a Bull of our most holy Father the Pope by the which our said most holy Father hath granted to the said Religious and others your Leiges That they shall pay no tithes of their Lands Meadows Tenements Possessions Woods Beasts or any other things albeit they are or shall be leased or farmed out any title of prescription or right acquired or which may hereafter be acquired to the contrary notwithstanding The which pursuit and grant are apparently against the Laws and customs of your Realm by reason that diverse Compositions reall and Indenture are made between many of the said Religious and other your Leiges of the prise of such Tithes also because that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the said Benefices within whose limits and bounds they are and so if the said Bull shall be executed as well you our most doubted Lord as your Leiges PATRONS OF THE SAID BENEFICES SHAL LOSE YOUR ADVOWSONS OF THE SAID BENEFICES IN GREAT PART and the Conusance of them which in this behalf appertaineth and in all times hath belonged to your Regality shal be discussed in Court Christian against the said Laws and Customs and to avoid the great trouble and commotion which may arise amongst your people by notion and execution of such novelties within your Realm May it therefore please your Majesty by assent of the Lords and Commons assembled in this present Parliament to ordain that if the said Religious or any other put or shall put the said Bull in execution in any manner that then he or those who put or shall put this Bull in execution shal be put out of your Protection by Processe duly made in this behalf and their goods forfeited to you lost and that as a work of charity Which Petition being read and considered was answered in these words following It is accorded by the King and Lords in Parliament that the Order of Cisteux shall stand in the state it was before the time of the Buls purchased comprised in this Petition and that as well those of the said Order as all others Religious and Seculars of what estate or condition soever they shall be who shall put the said Buls in execution or heretofore have

they dyed without heirs of their Bodies between them begotten the Land so given should revert to the giver or his heir that yet the Doners by their Deed and Feofment might disinherit their Issue of the Land CONTRARY TO THE MINDE OF THE GIVERS and CONTCARY TO THE FORM EXPRESSED IN THE GIFT And likewise bar the Doners of their Reversions though DIRECTLY REPVGNANT TO THE FORM OF THE GIFT which SEEMED VERY HARD TO THE GIVERS AND THEIR HEIRS THAT THEIR WILL EXPRESSED IN THE GIFT WAS NOT OBSERVED and the like it seemed to the whole Parliament which to prevent such injury injustice and unreasonable dealing for the future and perceiving HOW NECESSARY EXPEDIENT IT SHOVLD BE TO PROVIDE REMEDY in the foresayd cases ordained That THE WILL OF THE GIVER according to the form of the Deed of Gift manifestly expressed SHALL BE FROM HENCE FORTH OBSERVED So that they to whom the Land was given under such condition SHALL HAVE NO POWER TO ALIEN THE LAND SO GIVEN but that it shall remain to the issue of them by whom it was given after their death or shall revert to the Donor OR HIS HEIRS if issue fail The substance of which Law we find thus ratified in the very Gospel Gal. 3. 15. Brethren I speak after the manner of men though it be but a mans Testament yet if it be confirmed NO MAN DISANVLLETH IT or addeth thereto The Justice and equity of this Statute is very pregnant and pertinent to the case of Patrons Adowsons and the Fabricks Lands and Endowments originally given by them or their Ancestors to the Church And Incumbents and their Successors in these four particulars 1. It resolves it to be both just rationable equitable that the Founders and Donors of Lands Glebs Revenues and Tiths to Parish Churches or Chappels and their Heirs and Grantees after them should perpetually enjoy the Patronages Advowsons and Reversions of them which they commonly or specially reserved to them upon their Original Foundations and Endowments So as to present unto them upon every vacancy as well as the Donors in tayl and their Heirs enjoy the Reversions of all Lands given and granted by them to others and that i by general construction of Law as well as by their own special Reservation 2. That it is as hard unjust and injurious to take away or debar them of their right of Advowsons and presentations upon voydances or of the fayl Fabrick Rectories Glebes and other Endowments conferred by them on Parish Churches for publique Assemblies and the maintenance of Gods Worship and the Incumben●s only and to no other uses in case all Parish Churches Rectories Glebes Tithes be voted down and abolished is many now strenuously endeavor as it is to debar defraud deprive Donors in tayl and their Hei●s or Grantees of the Reversions reserved on their Gifts and Grants in ●ayl after the decease of the Tenants without issue or Founders of Abbies and other Corporations of their k Eschetes after the Corporations expi●ation or dissolution 3. That it is as unjust unconscionable illegal for any Incumbents to alien or change their Churches Rector●es or Glebes in any kind to the prejudice of his Successor against the will and intention of the Founders as for a Tenant in ●ayl thus to prejudice or disinherit his issue against the Donors express will especially without the Patrons consent and concurence And therefore l all such Alienations and changes are either voyd or voydable by our Laws either by the succeeding Incumbents by an actual entry or Juris utrum and the like or ●lse by the Patrons by a writ of contraformam Collationis in whom the Right and Inheritance of the Church resides not in the Incumbent nor yet properly in alyance a meer idle fiction as our Law-books vainly fancy 4. That it is both unrighteous impious yea Sacrilegious to rob godly Ministers and people of the Inheritance Possession Use Benefit of those Churches Chappels Rectories Glebes Tithes which our pious Ancestors have Solemnly devoted and dedicated to them against their manifest wills intentions yea m Solemn Execrations and Anathemaes mentioned in their original Charters of Foundation and Dedication and to turn them to any other prophane uses Yea a gross injury and indignity to the Patrons of them whose original Right to Advowsons and Presentations I shall now briefly manifest out of Histories Canonists and common Law books In the beginning of Christianity the Apostles and Ministers of the Gospel next succeeding them as is evident by the n Acts of the Apostles Pauls several Epistles to the Churches of Rome Ephesus Corinth Colosse Philippi Thessalonica all famous Cities Tit. 1. 5. and o Ecclesiastical Histories first preached the Gospel fixed their residence planted gathered erected Churches both of converted Jews and Gentiles only in chief Cities of great resort from whence the Gospel spreading it self by degrees into adjacent Country villages and places more remote and the multitudes of Christians so increasing that the Churches first erected in these great Cities could not contain them nor the Believers in the Country Villages by reason of their necessary occasions and remotenesse conveniently frequently and constantly repair to Gods publick Ordinances in these City Churches every Lords day and on other times after Christian Assemblies upon special occasions p thereupon some Christians began to erect Churches Chappels and Oratories in Country Villages by publick Contributions of well-affected Converts at first supplyed by such Ministers who resided with the Evangelical Bishops and Ministers of these Cities as part of their Families Which Churches and Oratories being afterwards burnt or Demolished in most places and in this our Iland by Dioclesian and other Persecuting Pagan Emperours it pleased God to raise up q Constantine the Great our famous Countryman born at York and the first Christian Emperour to be an extraordinary Nursing Father as Helena his Mother to be a great Nursing Mother to his Church who vanquishing and putting to death the grand Persecutor Licinius demolished Pagan Idols Temples Idolatry throughout the Rom●n Empire caused the Gospel to be freely preached throughout his Dominions and erected divers stately Churches for Gods publick worship in several places endowing them with Lands and Revenues to support and encourage the Ministers of the Gospel officiating in them by whose pious Munificence and P● other Christian Kings Princes Nobles and Landed persons in his Reign and succeeding ages at their own proper costs and expences built convenient stately Churches Chappels Oratories in all Christian Realms and in this our Iland within their respective Mannors Lordships Lands Territories neer their own Mannor or Mansion Houses for the most part as we see at this day by ocular experience in most places of England and other Nations for themselves their Wives Children Families Tenants ease and convenience where they might constantly meet together to hear Gods Word Pray receive the Sacraments worship God and enjoy all publick Ordinances for the better