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	tail_n	tenant_n	5,646	5	10.4182	5	false

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

blood vnlesse the first haue presented to it in his life time but if hee haue presented in his life-time then it shall discend to the next heire of the entire blood In Advowson is an inheritance and cannot be deuided into parts or parcels for in a writ of right of Advouson if the tenant say that the demaundant is seased of the sixt part of the Advowson this shall abate the whole writ and yet part thereof may be in some sort considered for there is an vsuall difference taken betweene Advocatio medietatis Ecclesiae and medietas Advotionis Ecclesiae For Advocatio medietatis Ecclesiae is where two Patrons be and euery of them hauing right to present a seuerall Incumbent to the Bishop to be Admitted into one and the same Church for diuers may be seuerall parsons and haue care of Soules in one Parish and such Advowson is a like in euery of those Patrons but euery of their presentments is to the moitie of the same Church and therefore it is called Advocatio medietatis Ecclesiae or as the cause salleth out aduocatio tertiae partis Ecclesiae and the like But Medietas aduocationis Ecclesiae is after pertition betweene perceners for although the Advowson bee entire amongst them yet any of them being disturbed to present at his turne shal haue the writ of Medietate or of Tertia or of Quarta parte Advocationis Ecclesiae as the case lyeth Also if two Patrons of seuerall Churches make vnion or confederation of their Churches by the assent of all those whose consent is requisite the patronage of euery of them shall not be but medietas Advocationis Ecclesiae because but one Incumbent is onely in this case to be presented and not Advocatio medietatis Ecclesiae And this Difference is onely taken and obserued in the writ of Right which is altogether grounded vpon the right of Patronage But in the Quare Impedit which is onely to recouer Damages no such diuersitie is considered but the writ is generall Presentare ad Ecclesiam Lastly it is to be considered what temporall profits value or Commoditie this kind of Inheritance is reputed to be of It is not by the Law of God to be bestowed vpon any Incumbent for any need or price but onely reserued for such as are worthy thereof And therefore it is said * That Guardian in Socage of an Infant shall not present to any Aduowson because such presentation is not to bee bestowed for price for that that such Guardian cannot account for the same yet neuerthelesse because the Patron thereby may aduance his friend it hath beene often esteemed for Assets in Formedon And as the value thereof may come in question as in a writ of right of Advowson where the tenant avouche●h and the vouchee looseth the tenant shall recouer in value against the vouchee for euery Marke that the Church is worth per Annum xij d. So that the thing which of it selfe is not valuable is by a secondarie meanes made and esteemed valuable because that otherwise this mischiefe should ensue thereof which should be a losse without recompence 1. By this it appeareth that it is an Inheritance Incorporate 2. That it lyeth in Tenure 3. That it passeth by the name of Tenement 4. That a precipi quod reddat lyeth thereof 5. That both tenant in Dower and tenant by the courtesie and in some case a Possessio ●ratris may bee thereof 6. That it is entire by nature though by accidentall meanes otherwise and in some respect deuisable 7. Though it be bestowed gratis yet it is valuable for which it is a benefit to aduance a friend and for being iniured therein we shall recouer damages LECT 5. The word Right and the word Advowson explained and to what Inheritance an Advowson may bee appeudant originally IT resteth at this present for the more ample explication of this word Right whereas in defining an Advowson wee say it ●●keth a R●g●● to set forth the d●●●sions of Advowsons and to prosecute euery part deuided with a ●ull Discourse that thereby what manner of right and inheritance an Advowson is may be the better perceiued Advowsons therefore are either appendant or in grosse or part appendant part in grosse An Advowson appendant is a right of Patronage appertaining to some corporall Inheritance so that hee that hath the same Inheritance is thereby also entituled to haue the other as annexed to the same For an Advowson passeth alwaies with the Inheritance to which it is appendant vnlesse there bee expresse nomination onely by these words Vna cum pertinentijs except it bee in case of the King where the Statute De prerogatiua Regis cap. 15. prouideth expresse words to make the same to passe The originall of Advowsons appendant at the beginning must be in this manner sythenc● Patronages were wonne and gotten as before hath beene declared and that either ratione fundati●nis dotationis or fundi were as it seemeth by all conformity of reason the originall foundations of Advowsons appendant for when Mannors were created either the land vpon which the Church was built was land parcell of the Mannor or honor to which it is appendant and he that was Donor thereof gaue the same to build the Church vpon and that the Advowson of the same Church so built should bee appendant to the same Mannor which is ratione fundi Or hee that was owner of the same Mannor or of any such corporall Inheritance endowed the same Church with parcell of the land of the same Mannor honor or such like corporall Inheritance and gaue the same to the Gleebe of such Chuch vpon which the Advowson by ordinance of the Ordinary and by the consent and agreement of all others whose consents were requisite in this behalfe was at the beginning appointed to be appendant to such Mannor Honor or other corporall Inheritance in recompence of such liuely hood and dotation bestowed vpon the Church And hereof it ensueth that if at any time the Church bee desolued the Gleebe and land vpon which the Church was built shall returne and escheate to him or them from whom it was deriued and deduced As in like case vpon the dissolution of an Abbey the same shall not returne to the sounder of common right vnlesse some other ordinance be made to encounter the same 1. Therefore to auoyd confusion in the consideration of Advowsons appendant let vs first see to what sort of Inheritance Advowsons may be properly appendant 2 Secondly in what manner it is appendant that is if it bee part or parcell of the Inheritance to which it is appendant or if as accident or necessarie thereunto 3 How it may bee seuered from his principall and againe by what meanes it may bee therevnto recontinued againe As to the first it may be appendant properly and originally to things that are onely Inheritances corporall that are compound As to an Honour Earledome or

bee seisied of a Mannor to which an Advowson is appendant and make a lease for life of the same Mannor vna cum advocatione if the lessor enter into the same Acre of land for forfeiture hee hath recontinued the Advowson as appendant to the same Acre An Advowson cannot Originally bee appendant to a Messuage but Secondarily it may therefore if an Advowson be appendant to a parcell of land which was sometimes part of the demesnes of a Mannor and suchlike if a Messuage be built vpon the same parcell of land the Advowson shall be appendant to the same Messuage and if the same Messuage fall or bee pulled downe the same Advowson shall bee againe appendant to the Soyle as it was before So likewise an Advowson may by a secondary meanes be appendant to a Rectory for Vicaridges being not first erected in as much as the Substitute cannot bee before the principall but all at the beginning were Parsonages of the which Vicaridges were deriued and that for the most part by the reason of many Impropriations of benefices to the houses of Religion and Spiritual corporations which were not of themselues in all points fit for the function and cure of soules The reason is because that the Advowson of a Vicaridge should bee alwayes appendant to the Rectory of a Parsonage so that he that is Parson or Persona impersona as they call him of this Church is of common right Patron of the Vicaridge of the same Church except some other seuerall ordinance at the beginning of the endowment of the same Vicaridge were made to the contrary And therefore by the graunt of a Parsonage with all the hereditaments thereto belonging the Advowson of a Vicaridge passeth to the Grantee In the same manner it should be if the Vicaridge were endowed so there be a Pa●son and a Vicar both presented into one Church as by the Law there may well be but if the Vicaridge become voyd and hee that is Parson hauing the Advowson of the Vicaridge as of common right hee ought present one to the same Vicaridge by the name of Parson who is admitted and Instituted accordingly by such presentation hath the same Vicaridge lost the aforesaid name and is becommed a Parsonage tamen querae if the first Parsonage remaine and if one of those parsonages if they both continue be appendant to the other but it seemeth by the Booke of 11. H. 6. that there should be but one Parsonage and the Vicaridge extinct An Advowson of a Church or Chappell cannot originally bee appendant to another Church or Chappell for that that things of one nature cannot be originally appendant each to other But notwithstanding secondarily the Advowson of a Church or Chappell may be appendant to another Church or Chappell As if the Advowson of a Church or Chappell bee appendant to one Acre of land that was sometimes parcell of a Mannor or such like and after a Church or Chappell bee built vpon it the last new erected Church shall bee appendant to the aforesaid Church An Advowson may be amortified to a Church or Chappell and if it be recouered and lost by Default the parson thereof may haue a Writ of right And an Advowson may be parcell and part of a Dean●rie and if the same bee in any free-Chappell of the King if the Deane be impleaded he may of this haue ayde of the King And thus much concerning Inheritances to which an Advowson may be appendant LECT 7. In what manner Advowsons are appendant to a Mannor NOw it resteth that I determine in what manner Advowsons are appendant And first of all if the Advowson be part or parcell of the Inheritance to which it is appendant and whether it bee onely accident or incident thereunto Secondly if an Advowson be appendant to a Mannor that consisteth of Demeanes and seruices in respect both of the demeanes and seruices or if it shall be said appendant to a Mannor in respect onely of the Demesnes in as much as the Demesnes are one corporall Inheritance and such part of the Mannor as onely lyeth in manuell occupation 1 As concerning the first the Authorities of our Bookes are diueisly deuided some tending to one effect and some to another our best course therefore is to consider the Arguments and to giue censure with that which seemeth most agreeable with Law Some hold that an Advowson appendant to a Mannor and the like is eyther part or parcell of a Mannor Honour c. or other Inheritance to which it is appendant And they ground themselues vpon the authorities of 43 R. 3. 22. a. b. where it was adjudged that the grant that King H. the 3. made to Thenel Marshall of a Mannor to which an Advowson was appendant without thesewords cum pertinentijs and without any mention of the Advowson yet notwithstanding the Advowson passed in case of the King before the st 〈…〉 ce of Praerogativa Regis Cap. 15. And so likewise it is in the case of a common parson at this day although in the 8 H. 7. 4 the opinion of some others in the 5 H. 7. 38 b. be against it vpon which they inferre that an Advowson is parcell of a Mannor for so expressely is the opinion of others in the same booke of 5. H. 7. 38. b. Secondly in the 9 H. 6. 28. b. and in the 38. H. 6 33 a. in the Abbeyes of Scyons case the difference is agreed for Law that if the King be seisied of a Mannor to which an Advowson is appendant and granteth the same Mannor and in the grant the words of the Pattent are dedimus concessimus the Mannor of D. expressing not the Advowson in the clause of the grant if afterward in the habendum there bee habendum cum aduocatione of the Church of D. the Advowson passeth by such grant although it be not comprehended in the clause of the grant but if the King grant the Mannor of D. to which no Advowson is appendant habendum cum aduacatione Ecclesiae de S. this Advowson passeth not for that that it is mentione● after the grant the reason of which difference they thinke to be because in the first case the aforesaid Advowson appendant is parcell of the Mannor which is not so in the last case in the 8. H. 7. 3. b. and likewise in the 10. H. 7. 19. a. it is said that an Advowson appendant is a compound thing to the composition whereof diuers things are requisite al● which things commixt make the Mannor and euery of them is parcell thereof for as Rent cannot be Land so Land cannot bee an Advowson nec econuerso yet euery of these things of diuers natures make the Mannor and are parcell of the Mannor saith Keeble And if a man demand a Mannor by his Writ and an Advowson is appendant thereunto hee ought to make an exception of the Advowson which seemeth to prooue