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land_n son_n tail_n tenant_n 1,354 5 10.2383 5 false
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A89724 An argument in defence of the right of patrons to advousons. And incidently of the right of tythes in generall. As it was delivered to the committee for tythes, on Wednesday the 14 of September 1653 and taken exactly by one that hath skill in tachygraphy or the art of short-writing Nortcliffe, Counsellor. 1653 (1653) Wing N1279; Thomason E713_14; ESTC R207166 6,918 12

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of a higher nature that he may try it again there is a Juris Vtrum there is a quare impedit a Darrein Presentment a quare non admisit a quare incumbravit a vi Laica amovenda Thus you see the Law like a wise Physician prescribeth these several Remedies for the several Obstructions which may happen in the Patrons right in Advousons I may draw an Argument from the Topick of good pleading for Mr Littleton and my Lord Cook in his Book of Entries saith that such a one is seised of his Advouson Vt de feodo de jure as of his fee and of right The original of Advouson came either as they were Founders or Benefactours to them as appeareth in Cook in his first Institutes fol. 17. b. or else by Purchase from the Crown upon valuable consideracion I must confess that no Patron can take money for presenting to a Benefice it were Simonie if he should and therefore Cook in his first Institute saith that a Guardian in Soccage cannot present to a Benefice because he cannot take money for it and he ought by the Law to give an account to the Infant but the same Authour saith that the Patron may present his Son Si Persona idonea sit and this will be a good provision of the Father for the younger Sons porcion and therefore in an eye and respect to this the Law looketh upon an Advouson as Assets Fleta lib. 2. c. 65. Britton 185. 5 H. 7.37 32 H. 6. fol. 21. 33 Ed. 3. Garrante 102. therefore the Law in an eye and respect to this giveth the Patron Dammages if he be disseised or outed of his Advouson as appeareth by the Stat. 18 Ed. 1. But why go Lso far in this thing that is so plain to add more were but nodum in scyrpo ●uerere or to light a Candle at the noon-day I come next to the Purchasers of fee-farm rents for if the subject be taken away the Adjunct must needs follow Accessorium sequitur suum principale if you take away Tithes from Parsons as they having no right to them these Rents which they have granted out of Tithes must fall to the ground and vanish with them if Tenant in tail infeoff his Son within age and the Son at full age granteth a Rent-charge out of the Land and then Father Tenant in tail dieth the Son is by this remitted and the Estate out of which the Rent was granted is gone the Rent is gone also Cook first Institutes fol. 310. M. Littl. Sect. 5 28. telleth us if a Parson of a Church charge the Glebe of the Church by his Deed and after the Patron and Ordinary confirm the said Grant then the Grant shall stand in its force but in this Case it behoveth that the Patron hath a Fee-simple in the Advouson for if he hath but an Estate for Life or in tail in the Advouson then the Grant shall not stand but during his Life and the Life of the Parson which granted so that by this you may see that the Patron hath an individed and joynt Estate in the Glebe with the Parson the Patron and Parson by this you may see are more seised Per my per tout of the Glebe than Jointenants are of any other Estate for Jointenant have Moities in judgment of Law which may be extended or a Fine or Particion sued of it but Patron and Parson hath such indistinct fee in the Glebe as if Lands were given to Baron Feme and their heirs here is no Moities for Husband and Wife are but one Person in Law you may see also by this that the Parson Patron and Ordinary concurrentibus his may grant Rent-charges out of the Glebe and if you will allow the Patron and Parson no right then those Purchasers of those Rents which are many hundreds in this Common-wealth must lose their Bargains upon valuable considerations which the Law did then allow them to make Likewise there are many others which have extended Parsons Tithes upon Debts and given money for Leases of them by way of Fine before hand these will also be defrauded I shall not mention Impropriations but hint you of a Passage in the last Parliament when Bishops were to be purged out of the House of Lords one Lord stood up and said Shall we agree to this Vote we stand upon the same foundation with them we shall be wounded through their sides Et proximus ardet Vcaligon our turn will be next and so it proved these inconveniences you see will follow The Cords and Bonds of the usage under the Law and Gospel with the concurrence of all Nations will be broken the Common Law and Custome Law will be infringed thus the Statute Law and Magna Charta will be violated the right and fee of modus decimandi will be intrencht upon the propriety that Patrons have in Advousons and in Tithes will be trampled upon Fee-farm Rents which men have hazarded to buy to assist this Common-wealth with moneys will be extinct former Purchasers also of Rents out of the Parsons Glebe will be merged also these with many other inconveniences which the frailty of man cannot conceive at present onely the Midwife of time and expetience must bring forth will follow if this Law of Tithes receive an alteration and therefore Lycurgus when he altered any Law he exercised it in his own Family twelve years first to see what inconvenience would happen upon it before he would command it to be obeyed abroad I hope therefore that you seeing the right of Tithes and Patrons in Advousons you will make a farther Law to strengthen them and I hope Tithes seeming shattered like a broken Leg you will unite them by a future Provision that they will stand the firmer ever after FINIS