Selected quad for the lemma: life_n

Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
life_n case_n estate_n remainder_n 5,475 5 10.8721 5 false
View all documents for the selected quad

Text snippets containing the quad

ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
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

There are 2 snippets containing the selected quad. | View lemmatised text

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
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 LONDON Printed for Edward Blackmore at the Angell in Pauls Church-yard 1653 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 May it please you Sir I Am of Councell for two one as claiming right to an Advouson the other as being a late Purchaser of Fee-Farm Rents issuing out of Tithes appropriated and distinct from Impropriacions That of Tithes in general is a large copious field it would tire your pacience too much for me to speak as the subject matter deserveth or affordeth yet it stands so much in my way that I cannot pass it by the interposition of it causing an Eclipse to my intended Plea to Advousons and Fee-Farms if not removed I shall therefore crave leave to speak a word or two to it First I conceive that by the Law of God and Reason that a maintenance is due to the Dispensers of the Word of God for what Souldier is there in this Common-wealth that does fight without his Pay Who planteth a Vineyard and eateth not the fruit thereof or who feedeth a flock and eateth not of the milk of the flock Is not the common Labourer worthy of his hire ae fortiori then the Dispensers of the Word of God ought to have a Compensation and Maintenance for his Labour pains and sweat of his brows in holding forth the precious things of Jesus Christ I shall make a further step and hold that the maintenance of the Ministers or Dispensers of the Word of God ought to be in this in dividual and numerical way of decimal parts or Tenths or Tithings First by Vsage under the Law for the Tribe of Levy they had their 48 Cittyes with their territories round about they had their Tythes also the first born and the first fruits of every thing the Earth brought forth for the use of man Vnder the Gospell though they had not Tythes actually payd them because they were as it were in theyr mocion to the Land of Rest yet it appeares by Origen and many other ancient Authors that they were continually claymed as their due and right and this continuall claym Mr. Littleton telleth us preserveth a right nay it prevents discents que tollent entries wee may deduce and draw Tithes down from all Ages and Nacions in the Christian world and that is one Argument that Wollebius and all Divines in Christendom useth to proov the Bible divine because it is used received and beleived of all Nacions And certainly there must be digitus Dei in it that all Nacions ab origine before they heard of oneanother that they should all fix upon one way of the Ministers mayntenance by Tythings They are not only due by Vsage under the Law and the Gospel and the Concurrence and Concord of all Nacions in Christendom but I shall make a further step and proove them to be due by the Common Law of the Land and that I shall proov by the writ of waste in the Register which is the ancientest Book of the Common Law for the Book Case of 26 Ed 3 Lib. Assizes Pl. 24. proves that Originall Writs have been long before the Conquest nay time out of memory of man the beginning whereof cannot be known either by Reading or Record For if any one cut up the Parsons Trees or do any other waste he may by the Common Law of this Land have a writ of waste against him and say in his writ that such a one cut up his Trees ad exheridacionem ipsius vel Ecclesiae and both wayes are good as it is adjudged in Hen the 7 fol by his bringing of this writ it appeareth that the Parson hath not only a Free-hold but a fee-simple and good inheritance in his Tithes or gleabe for of a lesser estate then a fee-simple or fee-tayl a writ of waste will not ly therefore in my Lord Cooks fift Report fol saith that if there be Tennant for Life Remainder for life and Tennant for Life commit Wast Remainder for Life cannot bring an action of Wast the writ of Wast alwaies concludeth ab Exheridacionem ipsius and Remainder for Life hath but a Free-hold and no Inheritance so Cook in his first Institutes Fol saith that if Tennant in tayl Special make a Lease for Life and Lessee for Life commit Wast and then Tennant in tayl bringeth a writ of Wast and pending the writ he becometh Tennant in Tayl apres Possibility of Issue extinct now this Wast is dispunishable for he is now become but Tennant for Life he hath but a Free-hold he hath no Inheritance and the words of the Writ must be observed because penall ad Exheridacionem ipsius The tenth part severed from nine parts was alwayes suable at Common Law for Trespass lies if taken away Brook title Tythes Many other Authorityes I may add upon this Head but I hasten to that I first propounded of Advousons and Fee-Farmes Thirdly it is not only due by Vsage under the Law of God and Gospel and Concurrence of all Nacions and by the Common Law of the Land but it is due by the Custom law of this Nacion which is superintendent to the Common Law Mr. Littleton telleth us that Consuetudo privat Communem Legom for Custom is of that puissance and nature that it must be time out of the memory of man and therefore a Copy-hold Estate the essence and being of it is secundum consuetudinem Manerij it cannot be intayled for the Statute of Westminster the 2 de Donis of intayling Estates though in the 13 of Edward the firsts time yet it is extant of Record therefore said to be within the memory of man for Littera Scripta manet this need not be proved by the Authorityes of our Bookes for it is obvious to every mans sight and experience that some Parsons hath Tythe of Furz by Custom and others Tithe-Pigeons Vpon this a Committee-man quibbled said the Gentleman did say true in Tythe-Ale and that is the reason why Parsons have commonly such fiery Faces if sold by Custom and some Parsons have Tithe Rabbets by Custom and some Parsons have Tithe-Ale by Custom But to satisfy you for the Authorities of the Law in this point see Cook second Report fol. 44. Doctor and Student 2d cap. 5. See Cook second Institutes fol. 664 where hee sayth that a Parson by Custom may have Tythes of such things as are not Tythable of Common Right Fourthly I shall proov that Tythes are not only due by Vsage under