Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	church_n	day_n	time_n	20,034	5	4.0316	3	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

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

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 Vsurpations 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 Lam. 3. 35 36. To turn aside the RIGHT of a man before the face of a Superiour to subvert a man in his CAVSE the Lord delighteth not Job 34. 17. 30. Shall even he that hateth RIGHT Govern c. Whether it be done against a Nation or man onely that the hypocrite reign not lest the people be ensnared Mich. 2. 1 2 3 4 5. Wo to them that devise iniquity and work evil upon their beds when the morning is ligh they practise it because it is IN THE POWER OF THEIR HAND And they covet fields and take them BY VIOLENCE and Houses and take them away So they oppresse or defraud a man and his House even a man and HIS HERITAGE Therefore thus saith the Lord Be old against this family do I devise an evil from which ye shall not remove your necks neither shall ye go haughtily for this time is evil c. London Printed for Edward Thomas and are to be sold by him dwelling in Green Arbour 1654. To the Unprejudiced READER Courteous Reader PReventing Physick being ever held more safe then removing I presume this Jus Patronatus and Brief Plea for Patrons of our Churches Rights though it come forth some * months after the sodain unexpected Votes against them without hearing or summons will neither seem unseasonable nor unnecessary seeing it may prove a Special Antidote and Demurrer to its future execution or revival to the prejudice of our Church Ministers Religion Nation in general and disinheriting all Patrons of their Antient Just and Legal Inheritances and Advowsons in particular I conceive the Power Animosity Activity Hopes of the Jesuitical and Anabaptistical Contrivers Prosecutors of that grand Design and Vote are not yet so inconsiderable despicable dead or languishing in these times of sodain great Revolutions Changes of our Government and Governors three of which we have unexpectedly seen and admired at within the space of ten whole months but that they still expect during this running wheel of our fluctuating State Church affaires a those spokes in few months time may possibly be uppermost which now are low or lowest and those who now are highest securest as low as the very dust Peruse but these sac e l Texts Dan. 4. 29. to 34. Dan. 5. throughout specially v. 30 31. Judges 1. 4. to 8. Exod. 14. and 15. 2 Kings 7. 7 8 9. 10. c. 19. 35 36. Prov. 24. 21 22. c. 29. 1. Psal. 90. 5 6 7. 2 Sam. c. 15. and 16. and 18. and 19. Esther c. 5. to 10. Psal. 73. 18 19. Job 20. 4 5. c. Psal. 37. Psal. 92. 6 7. Job 1. and 2. and 42. Mich. 7. 8. 9. Isay 10. and 13. With other Texts and consider the sodain great changes Revolutions recorded in them both in relation to Kings Kingdomes Nations Armies Grandees Rulers good and bad Saints and Sinners Jews and Gentiles and then the Highest and most Secure who know not what one day may bring forth Prov. 27. 1. Jam. 4. 13. c. may yet justly fear expect changes in our Church State and prepare to prevent all Plots and Designs for the ruine of both long since layd by Thomas Campanella De Monarchia Hispaniae c. 25. 27. c. the Jesuit Parsons discovered by Watson in his Quodlibets Carddinal Richelieu and others since vigorously prosecuted by our forraign Common Popish Adversaries and their Agents under a pretext of friendship and other specious ends to effect our a Desolation in conclusion The chief Particulars whereof in respect to our Religion are c To put all Churches Colledges Lands Rectories Tithes Revenues into Feoffees hands to allow only arbitrary Pensions out of them to Ministers and Schollers for their maintenance and convert the rest to other uses To erect Itinerary Predicants fixed to no certain places instead of Parochial Ministers allowed and chosen only by a select Committee not presented by our Patrons To broach old Heresies and new Opinions in Religion by Jesuitical Emissaries and Seminaries in all places To sow the seeds of Schisms and Divisions not only in Divinity but likewise in Philosophy and all other Arts and Sciences to distract and divide us To promote and cry up the study of Astrology to alienate mens minds from Religion and Piety To set up new Orders Sects Religions and procure a general toleration of all Religions To revile and disgrace our antient Ministry Ministers question all antient Truths Principles of Religion and Articles of the Creed which Joannis Baptista Poza and some other English and Spanish Jesuites have done as you may read at large in Societatis Jesu NOVUM FIDEI SYMBOLUM and in Impia scelerata horrenda ANGLICORUM HISPANICORUM JESUITARUM CENSURA IN SYMBOLUM APOSTOLORUM printed 1641. at the end of Alphonsi de Vargas Toletani Relatio ad Reges Principes Christianos De Stratagematis Sophismatis Societatis Jesu ad Monarchiam orbis terrarum sibi conficiendam out of which all the late Blasphemous Monstrous Opinions and Heresies broached amongst us have been originally extracted and vented by the Jesuites under other Disguises as those who compare them may at first discover What their Designs have been to change and ruine our Monarchy Kingdomes Government Lawes State you may read at large in Thomas Companelle De Monarchia Hisp. c. 25. 27. Watsons Q●odlibets specially p. 309. to 334. Romes Master-piece Hidden works of Darknesse brought to publique Light and my Speech in Parliament Take the main of all in the Politique Instructions of that Arch-Machiavilian Cardinal Richeleiu who after d he had by the Jesuites and Popes Nuncioes assistance raised the first Wars between England and Scotland e promoted foment●d the horrid Rebellion in Ireland and raised an unnatural Division and Warre between our King and Parliment in his life recommended these Instructions to the French King and Mazerin his successor at his death An. 1642. since published to the World by a noble Italian Earl Conti de Galeazzo Gualdo Priorato in his Historia part 3. printed at Venice in quarto Anno 1648. in Italian and dedicated to the King of Poland p. 175.

spoil to their malitious insatious appetites as is clear by John Cannes second voice against not from the Temple and others speeches and petitions To effect which Atheisticall plot with greater boldnesse and security they make no bones nor conscience to subvert all our former Lawes and Statutes whatsoever for whose defence many of them say they so long fought This Canne doth in his Voice p. 2 c. and in a later pamphlet wherein he had some hand said to be published by ALITHORITY in Capitalls in the Title Wherein he publickly and shamelesly I might say TREASONABLY asserted g that we have no Fundament●ll Laws and Liberties left us by our forefathers that may not be altered the State physicians of our time who passed the Vote against Patrons Rights c. being neither bound up to MAGNA CHARTA NOR PETITION OF RIGHT nor Writs of RIGHT OF ADVOWSON he might have added which his next words include nor ANY OTHER PRESIDENTS but may lay aside either part or whole as they see cause and appoint something else as more seasonable and proper to us and as providence makes way for it That to plead for such unalterable fundamentall Laws is nothingelse but to enslave the Nation for by such a principle people not onely lose their Liberty but are brought under such a kind of Tyranny out of whi●h as being worse than the Egyptian Bondage there is no hope of deliverance c. Adding that every age and generation of men to wit the prevailing party in present power are left free and to themselves both for the manner of Election and time of Parliaments YEA AND TO LAY ASIDE ALL PARLIAMENTARY WAYES AND CONSTITUTE SOME OTHER FORM OF GOVERNMENT if they see it more conducing to the safety and good of the Common wealth With many other such desperate passages and a worse h conclusion against all Malefactors future Trials by Juries which he prophecieth to be near an end and shortly to be swallowed up by the Supreme authori●ity of the Nation So as neither the Name nor thing shall be any more in the Common-wealth of England Is not this to exceed Strafford and Canterbury in High Treason To which monstrous passages I shall return these brief Answers 1. If we have no such Fundamentall unalterable Lawes and liberties and those he mentions be ●ot such then * all our ancestors were very injurious unwise inspending so much blood and treasure and contesting for their violation and new ratification of them in all former Parliaments from King Iohns reign to this present 2. All our Parliaments in King Charls his reign were exceedingly overseen and mistaken in contesting with him for these laws and liberties as fundamental and the last of them all in excusable before God and man for impeaching condemning and beheading Laud and Strafford as arch-traitors to the King and Kingdome and guilty of high treason * for endeavouring traiterously to subvert the fundamental laws and government of the kingdome c. And their frequent excitations of the people in their publike Declaration to defend our fundamentall laws and liberties with their lives and fortunes and arming them against their lawfull King and his adherents and putting the Nation to such a prodigall expence of treasure and Christian blood for so many years together for the maintenance of our Fundamentall Laws Liberties Government and Parliament Priviledges if there be no such laws and things or they so variable arbitrary and changable at every prevailing parties and new States Physitians pleasures 3. That our prudent Ancesters reputed not our Fundamentall laws such mutable and repealable toyes as this ignoramus and other Innovators deem them In the Parliament held at Merton An. 20. H. 3. cap. 9. All the Bishops instancing the Lords to give their consent to alter the ancient Law of the Realm but in this particular That all such as were born before marriage should be legitimate as well as those that be born within Matrimony as to the Succession of Inheritance for that the Church accepteth such to be legitimate Thereupon ALL THE LORDS and BARONS VVITH ONE VOYCE answered That they would not change the Laws of the Realm which hitherto have been used and approved From which Statutes Sr. Edward Cook in his Second Institutes printed by Order of the Commons House observes p. 97 98. That the Nobility yea G●ntry and People too of England have ever had the Laws of England in great estimation and reverence as their best birth-right and so have the Kings of England as the principall royalty and right belonging to their Crown and dignity which made that noble King Henry the first surnamed Beau-clerk to write thus to Pope Paschall Be it known to your Holinesse that whiles I live through Gods assistance the dignities laws and customs of our Realm of England shall not be violated or diminished And if I which God forbid should so greatly deject my self as to attempt it MY NOBLES and the whole PEOPLE of ENGLAND would by no means suffer it And it is worthy observation adds Cook How dangerous it is to change an ancient maxime of the common Law And it is a Note worthy of observation That whereas at the holding of this Parliament Anno 20 H. 3. and before and sometime after many of the Judges and Justices of this Realm were of the Clergy and all the great Officers of the Realm as Lord Chancellor Treasurer Privy Seal President c. were for the most part Clergy men yet even in those times the JUDGES of the REALM and let those stiled such remember it least they prove Iudasses to the Law and Realm and incur * Tresylians and his Complices doom for their treachery both of the Clergie and Laity did constantly maintain the Laws of England so as no encroachment was made upon them nor breach unto them by any forreigne power or upstart domestick Authority Yea so zealously resolute were our noble ancesters in the defence of our fundamentall Laws Liberties Royalties against all violations and alterations heretofore that in the * Parliament of Lincoln An. 28. E. all the Nobility of England by assent of the whole Commonalty writ and sent a most famous letter to Pope Boniface sealed with the Seals of Arms of 104. Earls and Barons whose names are recorded in Speeds history for their eternal honour and others imitation in such cases wherein they thus resolutely expresse themselves in their behalf Ad observationem defensionem libertatum consuetudinum Legum paternarum ex debito praestiti juramenti astringimur quae manutenebimus toto posse totisque viribus cum Dei auxilio Defendemus Nec etiam permittimus aut aliquatenus permittemus sicut nec possumus nec debemus praemissa tam insolita ●am indebita praejudicialia alias in audita surely the recited passages of this Pamphettere are as bad nay worse them those they mention Dominum nostrum Regem etiam si vellet facere seu quomodo

our Churches and all the Bounty Piety Charity of our Religious Ancestors to Gods Church and Ministers most impiously s●cralegiously dissipated substracted prophaned invaded plundered demolished perverted to quite contrary uses and the Heires Successors Assignes of all such who at their proper costs first built our Parish Churches and endowed them with Rectories Glebes Tithes out of their own Lands and Inheritances most inju●iously ungratefully desp●efully disinherited and deprived of their anc●ent unquestionable lawfull Rights to present any future Encu●bents to them wh●n voyd disabled * contrary to our Lawes and com●on ●quity which resolve they ought to revert to the Donors and Founders and their Heirs to rep●ssesse those Rectories Gl●bes Tithes Endowm●n●s ther Ancesters fr●●ly conferred on them being made a pry to Strangers who can pretend no colour of Title to them by any Lawes of God or Man and may by like violence and injustice seise upon their M●ors Lands as well as upon their Advowsons Rectores Churches which are appendant to them To prevent these desperate Plots now strenuously pursued and involved in this one designe against Patrons Rights and Advowsons I shall briefly relate the true original of our Parish Churches and of Patrons Titles to present Encumbe●ts to them unknown to most which will fully discover the equity justice of this their Right which some deem unreasonable and injurious to the Parishioners and then present you with a full Jury of legal writs and remedies provided by the Common and Statute Lawes of England for the defence and preservation of Patrons Interests in their Advowsons Churches against all Invasions or Vsurpations on them to their prejudice The Title Advocate from which the word Advowson is derived or to which at least it relates is attributed to our Saviour Jesus Christ himself 1 John 2. 1. the Advocate general of the whole Church and every particular person unto God the Father to plead their cause and make intercession on their behalf Michael 7. 9. Lamentations 3. 58. 1 Samuel 24. 15. c. 25. 39. Psal. 35. 1. Psal. 43. 1. Psal. 119. 154. Prov. 22. 23. c. 23. 11. chap. 31. 9. Jer. 50. 34. chap. 51. 36. Job 16. 2● Isay 5● 12. Rom. 8. 26. 34. chap. 11. 2. Heb. 7. 25. Which well explain both the Office and D●ty of our Advocates of our Churches being the same in substance with that of known Advocates Pleaders or Counsellors at Law for their Cl●rts in Courts of publique Justice for which you may consult Federicus Lindebrogus and Sr. Henry Spelman in their Gl●ssaries Calvins Lexicon Jurid●cum Summa Angelica Rosella Hostiencis Antonius Corsetus his Repertorium and Thomas Zerulu his Praxis Episcopalis titled Advocatus The Title Patronus or Patron of a Church is of the self-same signification and imports the same Office and Duty as Advocatus and it is somewhat more large then it implying not only a Patronage Protection or Defence of the Incumbents Churches cause when there is need in Courts of Justice by way of Plea or Intercession as Advocate properly doth but also their Defence and Patronage by the Sword in the field when assaulted by open armed Adversaries Sacrilegious Church Robbers or bloudy Persecutors as the ancient Othes of our Kings and Knights of all sorts when invested in that Dignity abundantly evidence by the Pen when invaded by Hereticks and Shismaticks upon which account the Pope bestowed the Title of e PATRON or DEFENDER OF THE FAITH upon our King Henry the Eight for writing in Defence thereof as he conceived against Luther and likewise by the purse by supporting repairing the Fabricks of the Churches they o● their Predecessors first erected as there is occasion by endowing them with convenient maintenance or encreasing their Dowry where incompetent by providing against its alienation diminution substraction and recovering it when invaded diminished or substracted by others or alienated d●lapidated or unjustly incumbred with Annuities or other charges by the Incumbents without their privities or assents and in one word in becoming Nursing Fathers and Nursing Mothers to the Churches and Ministers whereof they are Patrons according to that of Isay 49. 23. c. 60. 10. Rev. 21. 24. 26. Hence the f Master and Lord of any servants or enfranchised Slaves was stiled Patronus their Patron and they sayd to be in PATROCINIO EJVS as you may read at large in Fredericus Lindebrogus his Glossarium and Codex Legum Antiquarum Leges Wisigothorum l. 8. Tit. 1. L●x 3. 4. Leges Longobardorum lib. 1. Tit. 8. Lex 31. Leges Burgundiorum Addit 2. sect. 2. and that because they were bound to protect defend maintain feed and provide for their servants for which by the Roman Law Libertus PATRONO donum munus operas d●b●bat D●gest lib. 38. Tit. Cod. l 6. Tit. 3. as Incumbents ought to instruct pray for expresse their gratitude to their Patrons in a Christian and civil though not i● a corrupt or Symoniacal way and to sow unto them spiritual things because they reap their carnal things 1 Cor. 9. 11. Phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9 10 11. 2 Timothy 1. 16. 17. 18. g The Emperor of Germany heretofore was usually st●led ADVOCATVS and DEFENSOR ECLESIAE in his Imperial Title as Henry the eighth and the Kings of England since were stiled Defendor of the fait● H●nce those two verses over the Cou●sel-Chamber door in Guilds Hall London Carolus Henricus vivant DEFENSOR uterque Henricus FIDEI Carolus ECCLESIAE The reason of which Title was because the Emperor Charls when Crowned at Bologna by Pope Clement the seventh took this solemn Oath Ego Corolus c. Pollicior testificor atque juro me in posterum pro viribus ingenio et facultatibus meis Pontificiae Dignitatis et ROMANAE ECCLESIAE PERPETVVM FORE DEFENSOREM nec ullam ecclesiasticae Libertati vim illaturam Sed potestatem jurisdictionem et dominationem ipsius quoad ejus fieri potest CONSERVATVRVM And the Emperor Ferdidand the second in the Articles of Capitulation with the Princes Electors promised during all his Raign Vniversam Christianitatem c. Et CHRISTIANAM ECCLESIAM TAN QVAM ILLIVS ADVOCATVS FIDELI PROTECTIONE CONSERVARE Yea some of the old Kings of Sicile used Titles in their stile somewhat like this as CHRSTIANORVM ADIVTOR CLYPEVS ET DEFENSOR as Mr Selden observes out of Scipion Mazzella Descrit De. Napoli p. 471. These general Titles of theirs in relation to the whole Church Faith Ministers and Christians within their Dominions being dirived from the S●les and Titles of Advocates and Patrons of particular Parish Churches in use some hundreds of Years before them And this may suffice for the Title Office and Duty of Advocates and Patrons of Churches The h Statute of Westminster the 2. 13. E. 1. c. 1. recites That before its making if a man gave Lands to a man and the heirs of their bodies upon express condition that if

F●unders of Bishopricks Deaneries Prebends Abbies Priories Chauntries Hospitals Colleges Free-Schools Almes-houses Fellowships Schollerships And the like Charitable Edifices for publick use who by virtue and right of their Foundership have the Patronages Advowsons and Visitations of them vested in them and their Heirs in Perpetuity with power to transfer them unto such other persons as they think meet to in●rust and to nominate present or collate Bishops Deans Prebends Abbots Priors Priests Masters Wardens School-masters Schollers Fellows Almesm●n and poor People to them upon every voydance according to this Maxim in Law Cujus est dare ejus est disponere And that by as good justice and equity as he that builded an House upon his own Land at his own cost may justly dispose of it when it is vacant to whom he thinks meet without the license of any others who have no interest nor inheritance therein And this right is not only ratified by the examples of King David and Solomen in the old Testament who being the Founders of the magnificent Temples of the Lord at Ierusalem appointed ordered the Priests Levites Porters with all other Officers attending therein and prescribed Laws and Courses to them 1 Chron. 9. c. 16. 37. c. c. 22 2● 25 26 28 13. 21. 2 Chron. 8. 14 15. as did Ios●●●their●en and Successor after them 2 Chron. 35. 4. But likewise by that saying of Christ himself Mat. 20. 15. Is it not lawfull to do what I will with my own Is thine eye evill because I am good and that Expostulation of Saint Paul grounded upon reason equity and common practise 1 Cor. 9. 7 8. Who planteth a Vineyard and eateth not of the fruit thereof Or who feedeth a Flock and eateth not of the Milk thereof Say I these things as a man Or saith not the Law the same also Yea God himself upon this very ground that he is the Founder of the Earth and all the Kingdoms and Powers therein claimeth this privilege To give them to whomsoever he will Dan. 4. 17. 25. Iob 1. 21. Psal. 75. 6 7. Deu●. 10. 1● Psal. 24. 1. Deut. 32. 8. Prov. 8. 15 16. And therefore Founders of Churches by the like reason in their degree may do the like without any wrong or prejudice to the Parishioners or others See Levit. 27. 14 to 26. Deut. 20. 5 6. c. 26. 13. 14. Esth. 1. 22. These Advowsons of Churches Founded and Endowed by Lords of Manors for the most part were thereupon by the Law of England annexed as z Appendant to the Manors and Land● of the Fou●ders wherein the Churches stood and descended with them to their Heirs or Successors and in case they sold these Manors or Lands to which they were Appendant the Advowsons passed together with them by a General Grant of the Manors or Lands with the Appurtenances or without them unlesse specially reserved or severed from them by special grant before except only in the Kings case wherein the Aavowson could not passe together with the Manor by the general word appurtenances unlesse specially named And they were such a Lay Inheritance and Fee whether Appendant or in Grosse as were descendable to Heirs Grantable and Vendable to strangers yea a Assets or things of Price and Value in Iudgement of Law not meer inconsiderate or worthlesse Privileges as the Marginal Law-Books resolve And by the Canon Law Ius Patronatus or Advowsons were such a Right or Inheritance which did transire ad Heredes etiam ad Extraneos vel Donatione vel venditione either as Appendant or in Grosse unlesse in cases of Symonical Contracts as Panormitan Summa Angelica and Rosella Innocentius Hostiensis Lindwood b and other Canonists in this Title of Ius Patronatus resolve Yea an Advowson in grosse severed from a Manor is such an Inheritance as lies in Tenure and may be held of the King in Capite and of any other Lord by Homage Fealty or Knights service as is agreed resolved 21. E. 3. 5. 33 H 6. 34. 14 H. 7 26. 24 E. 3. 60. 5 H. 7. 36. Brook Tenures 4. 15 18. 20. 34. Quare Impedit 99. with other Law-Books yea such an Inheritan●e whereof the Wi●e of the Patron shall be endowed by Law as Fitzherbert in his Abridgment and Natura Brevium Title Dower with c other Books resolve and both a Cessavit and Scire facias lye of an Advowson 43 E. 3. 15. 5 H. 7. 37. Reg● stes f. 69. Cook 2. Instit. p. 357. In d elder times the Founders and Patrons of Churches had such a full and absolute Interest in them and in all the Temporalties Houses Gl●bes Tithes Profits belonging to them proceeding from their original Donation and Endowment that upon every Vacancy they conferred them on their new Chaplains and Incumbents without any Admission Institution or Induction from the Bishop or Arch-deacon introduced by succeeding Canons and Popes Decretals encroaching on the Patrons Right and power as really fully and immediately in point of interest by some Ceremony not differing from our Livery and Seisin as delivering them the Ring or Key of the Church door with these words e Accipe Ecclesiam receive the Church or the like as they then and since conferred the Free-hold and interest of any other Houses and Lands to their Tenants by their own Livery and Se●sin whence by the phrase of that time this kind of giving the Church to the Incumbent by the Patron was stiled Commendatio Ecclesiae that is the Lay Patrons Committing or Livery of the Church and its endowments to the Incumbent to take care and dispose of as a usufructuary of what the Patron was Proprietary or as a Tenant only for life of that whereof the Patron was in Reversion which Mr. Selden proves at large The Footsteps of this their Primitive Right and Iurisdiction we find yet remaining in some Free Chappels and Donatives founded by our Kings or exempted from Episcopal visitation and jurisdiction by our Kings special Charters which the Patrons at every Vacancy may fully and freely give grant confer to their Chaplains without any presentation at all to the Bishop or other Ordinary or any Institution or Induction and may visit by themselves or their Commissaries when there is occasion as you may read at large in Cooks 1 Institutes and the Law-books there quoted f. 344. a. Brook Presentation al Esglise 43. 6 H. 7. 14. 49 E. 3. Quare Imp. 60. Mr. Seldens History of Tithes ch. 6. p. 91. But in after ages by the 8 General Council of Constantinople An. Dom. 871. Actio 10. Can. 22. The Council of Rome under Gregory the seventh Anno. 1078. The Council of Lateran Anno. 1119. under Calixtus the second chiefly summoned against Investitures The Council of Lateran under Inn●cent the second A● 1129. and other Popes Decrees registred by Gratian Distinct 63. 70. and Causa 16. qu. 7. the Right not only of our own and other Kings Investitures of

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

purchased or shall hereafter purchase other such Buls or being purchased shall take advantage of them in any manner that Processe shall be made against them by garnishment of two moneths by a writ of Pr●em●nire facias And if they shall make default or shall be attainted that they shall be put out of the Kings Protection and incurre the penalties and forfeitures comprised in the Statute of Provisions made the 13. year of K. Richard And moreover for to eschew many mischie●s likely to happen in times to come It is accorded That our Soveraign Lord the King shall send or write to our most holy Father the Pope for to Repeale and ●ull the said Buls purchased and to abst●in himself to make any such grant for time to come To which answer the Commons well agreed and that it should be made into a Statute VVhich was done accordingly as you may read in the Statutes at large 2 H. 4. c. 4. From which memorable Petition and Record as b our Anabaptists and others desiring exemption from Tithes may take notice that it is an Antichristian and Papal practise not to pay as they hold but to seek and prosecute an absolute exemption from the payment of any Tithes as other Subjects do especially by RELIGIOVS PERSONS condemned in this whole Parliament c both in the Pope and Cistertian Monks the first contrivers of it even in those times of grossest Popery as contrary to the expresse Laws and Customes of the Realm and prejudiciall to the King and all other Patrons and so execrable and prejudicious that they involve all prosecutors of such Bulls and Exemptions from payment of Tithes in no lesse penalty than a Praemunire So they were exceeding tender and zealous of Patrons Advowsons which they would not have impaired in the least degree by any exemptions from paying Tiths though by their most holy Father the Popes own speciall Bulls nor the Conusances of them any way drawn into the spiritual Courts against the Laws and Customes of the Realm and the Kings Regalities In which resolution both the King Lords and Commons even in these Popish times unanimously concurred Upon consideration of all which Premises and VVrits in behalf of Patrons Rights and Advowsons securing them against all violent and injurious usurpations and incroachments and likewise of the wisdome of our Laws Ancestors in making the Patrons always parties by way of d an de prayer to all Suits and Actions against the Incumbents wherein their Collusion or Lurches might turn any way to their or the Churches prejudice All rationall just righteous conscientious persons and encuragers of publick works of Piety and charity towards Gods Church or Ministers must needs unanimously conclude the late Vote of our New dishoused Legifers against all Patrons undisputable Just Legal Equitable Rights of Patronage and future Presentations to Parochiall Churches and other Ecclesiasticall Benefices without the least legal Processe Hearing Trial or Recompence or any pregnant satisfactory Reason rendered for it against all sacred Texts Common Civil Canon Laws Writs Records Prescriptions time out of mind and grounds of Justice equity conscience reason here produced for them to their perpetuall dishinteritance losse and discontent to be both extrauagant unrighteous illegal injurious to them in the highest degree if not destructive to our Churches Ministers Religion and dishonourable to our Nation for the Reasons first alledged And therefore fit to be nulled and buried in perpetuall Oblivion without the least execution of it to our Patrons prejudice Objection Now whereas some pretend the Right of Patronages and Presentation to Parish Churches to be injurious to Parishioners and very mischievous and therefore just and fitting to be abolished or taken from the Patrons and vested in the people Answer I answer that the Consideration of the true Originall of Advowsons and of our Parish Churches Rectories Glebes Tithes forementioned proceeding onely from the Patrons bounty not the Parishioners and the opinion of all the former ages till now have had of the Justice equity and necessity of countenancing and continuing this their Right of Patronage for the Churches Ministers and peoples benefit will disprove refell the first part of this Objection As for the mischiefs and incoveniences pretended to arise from Patronages and Advowsons they are but meere false surmises for the most part sufficiently presented by the Laws already made against Symony and corrupt Contracts and a vigilant care of Governors and Presbyteries to admit none but able godly orthodox persons into the Ministry capable of such cures whereas the placing of the Right of Patronages and Presentations in the Parishioners or people would be farre more prejudiciall and mischievous by causing factions and divisions in every Parish upon every vacancy about the choice of a new minister yea sundry suits and contests between them to the protracting of the vacancies prevented by our single Patronages in one person or two commonly of good quality and better able to judge and make choice of fitting Ministers than the people And more especially must needs prove mischievous upon this consideration that the generality of the Parishioners and people of most Parishes throughout England are so ignorant vicious irreligious injudicious prophane neglectfull of Gods publick Ordinances and enemies to all soul-searching soul-saving Ministers who would seriously reprove and withdraw them from their sinnes and evil courses that we may sooner find an hundred conscientious religious godly Patrons carefull to present protect and encourage such Ministers th●n one such Parish wherein the generality and swaying part of the people are so well affected and qualified as such Patrons And therefore this change and Translation of the future right of Presentation from the Patron to the Parishioners is a remedy farre worse than the pretended disease and an introduction of a certain greater mischief to prevent a petty inconvenience In few words the Designe of the Jesuiticall contrivers and Anabaptisticall promoters of this Vote and project is not to reform any reall mischiefs in Advowsons or our present Patrons but by Voting of them down utterly to subvert and destroy our Parochiall Churches Ministers Rectories Tithes Religion yea our Universities and Schools of learning by voting down Patronages first whereon they have d●pendance They all remember that antient project and policy of their Tutor Satan e and his old Factors Smite the Shepheards first and then the sheep will soon be scattered and devoured by these Wolves And the readiest way to smite all the Shepheards and Pastors of our Churches is first to smite and Vote down all their Patrons at one sudden unexpected blow without notice or hearing and then both our Shepherds and Sheep will soon be smitten scattered devoured by these f ravenous Wolves in sheeps cloathing whose clear professed owned designe is to subvert destroy our Parochiall Ministers Congregations Churches Rectories Glebes Tithes Revenues and Advowsons too under pretext they are Popish and Antichristian and make them a prey and

libet attemptare Praecipue cum promissa cederent manifeste in Exhaeredationem Iuris Coronae Regni Angliae Regiae Dignitatis ac subversionem Status ejusdem Regni notoriam Nec non in praejudicium libertatis consuetudinum legum paternarum All which Nobles were as zealous in defence maintenance of the Great Charter and other their Lawes and Liberties that very year and 25. Ed. 1. against the Kings encroachment by Taxes or otherwise as against the Popes which appears by n our Historians and the Statutes of 25. E. 1. c. 1. and 28 E. 3. c. 1. in both which they caused the great Charter of England and of the Forrest to be confirmed in all points AS THE COMMON LAVV OF THE LAND both by the Kings Great Seal and by new Acts of Parliament enacting that all Judgements given by the Justices or any other Ministers that hold plea before them against the points of this Charter shall be undone and holden for nought That this Charter shall be sent under the Kings Seal to all Cathedrall Churches throughout the Realm there to remain and that it shall be read before the people twice a year That all Archbishops and Bishops shall pronounce Sentence of Excommunication twice a year against all those that BY VVORD DEED OR COUNSELL DOE CONTRARY TO THE FORESAID CHARTERS or that IN ANY POINT BREAK OR UNDO THEM who accordingly by a solemn form of Excommunication did Exommunicate and accurse all those that in any point did resist or break these Charters and Ordinances or IN ANY MANNER HEREAFTER procure counsell or any way assent to resist or break them or go about it BY VVORD OR DEED OPENLY OR PRIVILY BY ANY MANNER OF PRETEENCE OR COLOUR and sequester and exclude them from the Body of our Lord Jesus Christ and from all the company of heaven and from all the Sacraments of Holy Church Enacting further that the Great Charters of the Liberties of England should be delivered to every Sheriffe of England under the Kings Seal to be read four times in the year before the people in the full County and firmly observed in every point And that there should be chosen in every shire Court by the Commonalty of the same shire three substantiall Knights or other lawfull wise and well disposed persons to be assigned Justices under the Kings Great Seal to hear and determine without any VVrit but onely their Commission Such plaints as shall be made against all those that commit or offend against any point contained in the said Charters in the Shires where they be assigned as well within Franchises as without and to hear the plaints from day to day without any delay or delayes which be at the Common Law and to punish all such as shall be attainted of any Trespasse contrary to any point of the aforesaid Charters where remedy was not before at the Common Law by Imprisonment Fine or Ame●ciament according to the Trespasse Yea the Parliament of 42 E. 3. c. 1. held these great Charters such unalterable Fundamentall Laws and Priviledges that it not onely enacts they shall be holden and kept in all points but further IF ANY STATUTE BE MADE TO THE CONTRARY IT SHALL BE HOLDEN FOR NONE VVhich Law continues yet unrepealed Yea the whole House of Lords Commons the last Parliament were so zealous for the observation and perpetuation of Magna Charta the Petition of Right as unalterable Fundamentall Laws not to be repealed neglected altered violated upon any pr●tence being so just and absolutely necessary for the peoples Liberty and safety the Supreme Law that in their o Remonstrance to the late King 15. Decemb. 1641. in their Propositions sent to him afterwards 2 June 1642 ●hey earnestly pressed the King that for the better preservation of the Laws and peoples Rights and Liberties ●rom Invasion and u●urpation on them All Counselleu●s and publick Officers of State Judges Justices and Sheriffes should be * specially sworn to the due Observation and Execution of the great Charter the Petition of Right and all other Laws that concern the Subjects in their Rights and Liberties and that the Judges and Justices should be carefull and particularly Sworn to give these Laws in Charge to the Grand jury at every Assises Sessions and likewise every Term in the Kings Bench and to make diligent enquiry of the breaches of them in any kinde to be presented and punished according to Law as the onely means to make and preserve us a free and happy People It seems a strange miracle therefore unto me that any person should be so impudently presumptuous as to deny these Laws or any other to be Fundamentall to hold them alterable and repealable in part or in whole at any prevailing Factions arbitrary pleasure and to publish it by Authority after so many bloody costly old and new contests for their Defence and Perpetuity when as all expected rather such Oathes and wayes as these forecited for their future establishment And so much the rather because the late New-nodellers of our State and the greatest swaying Grandees amongst us in their printed Declaration 17 March 1648. Expressing the grounds of their late Proceedings against the King and of setling the present Government in the way of a Free State without King or House of Lords have given this high Encomium of our Laws and Engagement for their inviolable continuance p. 23 24 25. That they are GOOD and EXCELLENT LAWS enjoyed by our Ancesters long before the Conquest and have ever since continued in all former Changes without abrogation as the badges of our Freedom That our Ancesters spent much of their blood to have them confirmed by the great Charter of our Liberties and being duly executed are the most just free and equall of any other Laws in the world That the Liberty Property and Peace of the Subject are most fully preserved by them That they known their own particular Interests and that they most intended the common Interest of those they served was not possible to be preserved without these Laws which if they should be taken away all industry must cease All Misery Bloud and Confusion would follow and greater Calamities if possible then any faln upon us by the late Kings misgovernment would certainly involve all persons under which they must inevitably perish Whereupon they thus conclude These arguments are sufficient to PERSWADE ALL MEN but not this Pamphleter p Culpeper Lilly with other Jesuiticall and Anabaptisticall Furies against our Lawes to be CONTENTED TO SUBMIT THEIR LIVES and FORTUNES TO THESE JUST and LONG APPROVED RULES OF LAW with which they are already so fully acquainted and NOT TO BELIEVE THAT THE PARLIAMENT so they stile themselves INTENDS THE ABROGATION OF THEM BUT TO CONTINUE AND MAINTAIN THE LAWES OF THE NATION especially THAT MOST EXCELLENT LAVV OF THE PETITION OF RIGHT The violation of which they there charge against the King as one principle crime for