Selected quad for the lemma: opinion_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
opinion_n	act_n	law_n	parliament_n	1,160	5	6.5951	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A11213	The poore vicars plea Declaring, that a competencie of meanes is due to them out of the tithes of their seuerall parishes, notwithstanding the impropriations. Written by Thomas Ryves Dr. of the Ciuile Lawes.	Ryves, Thomas, Sir, 1583?-1652.	1620 (1620)	STC 21478; ESTC S116301	50,156	162

and condition wherein they are possessed Now it hath beene formerly declared that they are still held in the same manner forme state and condition wherein they were held before therefore it followeth that they continue still in the same nature and consequently that their Nature is not altered or changed Moreouer it is a Rule in Philosophie that Formadat nomen esse the forme of euery thing giueth it name and nature nay rather it is the very nature and essence of the thing it selfe as for example The reasonable and intellectuall soule of a man is his forme And therefore the Philosophers say That Anima est quisque it is the soule that maketh euery man to be what he is in his proper nature and is the man it selfe whence it followeth That because the Proprietaries hold the Benefices in the same forme in which the Abbats held them therefore they hold them in the same nature also and consequently their nature remaineth and is not altered And why should we thinke that the nature of these things is altered rather then the name seeing that the forme which giueth both alike continueth still the same Looke the statutes and you shall euer finde them called by the same names which they had before Benefices Rectories Parsonages Appropriations Tithes Church-duties and the like But by the name of Lay fees or Chattels you shall neuer finde them mentioned in the Statutes And to shew yet further that in the opinion of that very Parlament which made the Acts of Dissolution as also in construction of Law it was generally vnderstood That the nature of these Appropriations and Tithes remained still the same without change or alteration It may please them to consider That when the Monasteries were all dissolued and laid wast and the Impropriations sold away into Lay-mens hands yet were the Tithes vnto them like Nuts cast vnto little children which could not cracke them Neither had those Laie men any meanes or Action to recouer them And therefore by the Statute of 32. Hen. 8. Lay men were enabled to sue for Tithes in the Ecclesiasticall Court. By which it plainely appeareth that these Tithes retaine still the nature of Ecclesiastical duties and goods properly belonging to the Church else why should the Ordinarie hold plea of them betweene Lay men more then of other Chattels And if they had altered their nature and of Tithes had beene made Chattels or lay Fees why should they not haue beene recouered by action of debt or otherwise at the Common Law without hauing recourse at all to the Court Christian Therefore the nature and qualitie of these Appropriations and Tithes is not altered by comming into lay mens hands no more then a peece of Coine is changed when it passeth from one hand to the other From all which I conclude That what right soeuer the Bishop had to his Iurisdiction the Parish to haue a Minister the Minister to haue allowance before the Dissolution of these Monasteries and making of the fore recited Statutes the same they and euery of them haue at this day notwithstanding those Statutes and the rather for them because they help to saue that Right both of Iurisdiction to the one of maintenance to the other which otherwise might seeme to haue beene lost in both This then I take to be cleare in Law That wheresoeuer a Vicar is to be ordained there also a competent maintenance is to bee allowed But then there remaineth yet a doubt whether all Churches in generall which heretofore belonged to the Monkes are necessarily to be serued with perpetuall Vicars or may be supplied with Stipendarie Curates a doubt of too great difficultie to be dissembled and of too great consequence to be neglected in that Kingdom because all Proprietaries there desire to gaine this point vpon the Bishops and some pretend more colourable reason for it then others doe For the better clearing of this doubt it is to be obserued That the Parsonages were heretofore either granted to the Monkes In proprios Vsus from whence they haue their name of Impropriations or else they were vnited to their Tables are therefore called Mensalia in the Law Concerning the nature and qualitie of the former Innocentius Inn●cent ad c. pastoralis extra de priuileg nu 1. sayth that Per haec verba concedimus tibi Ecclesiam in proprios vsus intendit concedere quod administrationem habeat Ecclesiae Et quod retento bono statu Ecclesiae superfluos tantum reditus in proprios vsus conuertat Debet enim Ecclesiam sibi concessam in primo statu retinere And Panormitan in his Commentaries vpon the Chapter De Monachis Tit. de Praebendis alledging the same words of Innocentius addeth further Habent etiam praesentationem Ad c. de M●nachis extra de Praebend Rectoris ex tali concessione If then the Monkes had by vertue of such Grant onely the presentation it is manifest that the Institution was still reserued to the Bishop And that in this case the Vicar ought to be perpetuall and to receiue Canonicall Institution from the Ordinarie appeareth by all those Canons which I haue formerly alledged for proofe of the Vicars portion So doeth it also and more plainely by a certaine Decretall of Boniface the 8. where he saith Presbyteri qui per Monachos in earum Ecclesiis praesentantur Tit. de capell monachorum in s●●●o Episcopis instituuntur ab ipsis cum debeant esse perpetui consuetudine vel Statuto quouis in contrarium non obstante c And the Pope was wont in his Grants of Appropriatiō alwaies to adde a clause of reseruation of maintenance Vicarijs Canonicè instituendis By which it is euident That all Appropriations made Quoad temporalia or in proprios vsus ought to haue a Perpetuall Vicar which is to receiue his Canonicall Institution in forme of Law from the Ordinarie Of this sort are almost all the Appropriations of this Kingdome which haue lighted into my hand and thus they passe Salua sustentatione Vicariorum saluo iure Episcopi in vsus suos proprios conuertant And many times as namely in an Appropriation which I haue seene of the Rectory of Ballrouthery made by the Archbishop of Dublin to the Prior and Couent of Kilbixi together with the erection of the Vicarage and maintenance saued to the Vicar this right of Institution is reserued by expresse termes to the Bishop and the Presentation onely left vnto the Prior so that this kinde of Appropriation cannot warrant the Proprietaries to collate the Curateship as now they doe and send their Curate for a Licence to the Bishop But they are to present and the Bishop is of right to grant him Institution as well for the title of the Benefice as for the Cure of soules And no marueile For besides that our Sauiour in the beginning taught vs That an hired shepheard was neuer profitable for the sheepe the Canons also of the olde Church ordained in this

now hee hath no Action against the King or any otherman The Statute answereth That what title soeuer the Vicar as a Body politique had to any part or parcell of the Parsonage the same is preserued and saued to him still aswell against the King as against his grantee in as ample maner as it was heretofore belonging to him against the Abbat That whereas hee claimeth allowance out of the Rectorie vnder the name of Portion bee it certaine or vncertaine Let him but looke the booke and hee shall find that the Parlament was carefull to reserue all Portions in expresse termes to any Body politique or person which could claime them in such manner and forme as hee might haue claimed it if this Satute had neuer been made For it is manifest that the meaning of the Parlament was not to hurt or hinder any man but onely to suppresse the Monkes in that it was tender and carefull to reserue to euery man his right by what name or title soeuer he could claime it Rents-Charges Annuities Fees Pensions Portions and to the Bishops or others claiming Episcopall Iurisdiction all Synodies Proxies and other profits So that as the wit of man could not deuise more generall termes to comprehend all mens rights so the grauitie of a Parlament could not descend to more particular wordes to expresse euery mans right which it laboured to preserue And as for the point of Iurisdiction the Parlament was so farre from deuesting the Bishops of any part thereof That it submitted all exempt places of Monasteries or other priuiledged houses to their Iurisdiction Much lesse was it their meaning to depriue the Vicar of that small meanes which the Law affoorded him by quarrelling the Bishop vpon this point of Iurisdiction rather then vpon any other Neither can I thinke but that if any of tha● high Court whereunto nothing vseth to bee called nothing is admitted but the flower of wit nobilitie and wisedome should now bee raised from the dead and asked whether their meaning was when they had saued vnto euery other man his right onely to wrong the Bishop or when they had preserued vnto euery other man his Claime to any part or parcell of those Abbey-lands and Parsonages onely to wring the Vicar or to debarre him not of that liberall allowance which the law of God giueth him but of that small Remainder which the law of man hath left vnto him for his maintenance in regard of his dayly seruice at the Altar He would answere it was not their meaning That the wordes of the Statute can beare no such construction That no Lawyer can wrest the Statute to any such sense vnlesse hee first straine his owne wit beyond sense and reason Neither can it be said That because there is not in those clauses of reseruation any expresse mention made either of the Bishops iurisdiction in this point or of the Vicars portion in particular therefore it ought not now to be allowed For the Statute maketh no mention at all of reparation of Chancels yet because the Abbats receiuing the tithes were out of them to keepe the Chancels in reparation therefore the King also taking them into his hands chargeth himselfe and his Grantee with the same burden for the leases of old times were wont to runne in this manner Reddendo soluendo annuatim omnes singulas Procurationes c. Ac etiam reparando Cancellos earundem Ecclesiarum Although in leases of latter times this clause is as I take it commonly left out Likewise the Statute maketh no mention at all of any Curates wages to bee reserued yet doth the King in all grants of Parsonages where there is no Vicar endowed charge the Grantee with finding of a Curate And the old leases were wont to runne in this manner Soluendo annuatim omnes procurationes c. inueniendo Curatorem But leases of later times runne somewhat more sparingly in this guise yeelding paying and bearing all Proxies Synodals and stipends of Curats In both these Cases the King chargeth himselfe with this burden although there bee no reseruation thereof mentioned expressely in the Statute But because euery mans right was reserued in the Statute and the people of euery Parish had a right to haue Diuine Seruice said vnto them in consideration of the tenth part of their yeerely profits which they giue in lieue of that and of none other thing therefore the King chargeth himselfe with the finding of one that shall performe this duty to them And because such a one must haue a mainetenance therefore hee chargeth himselfe or his Grantee with paying a stipend also This he doth non ex gratia sed ex debito And because the Abbats from whom he had those Parsonages were before the dissolution charged with the same Whence it followeth that notwithstanding there be no expresse mention made in the Statute of the iurisdiction of the Bishop in this point and of the Vicars portion in particular yet are they vnderstood to be reserued because they are also comprised in the generall as all others are Moreouer the Statutes of either kingdome which concerne this matter beare this colour in the face That the Priors Abbats and other religious Gouernours with the assent and consent of their seuerall Couents and in writing vnder their Common Seale gaue vp all their lands houses Parsonages appropriate and Vicarages into the Kings hands Vpon which Surrender of theirs the King was enabled to haue enioy and possesse the same in such manner and forme c. Now it is manifest that by vertue of their Surrender nothing could come vnto the kings hand but that which was theirs And it is as manifest that the right of the Bishop and the claime of the Vicar were not in the Abbat or Prior and therefore cannot be intended to passe vnto the King by any Act of theirs For Quod meum est sine facto meo à me tranferri non potest that which is mine cannot passe from mee but by some Act of mine Lastly some men are of opinion that this course cannot be taken for the benefit of the Vicar and ●hat his right and action if any he had before is now extinct and lost because the Impropriation comming to the Kings hand the nature of the thing it selfe is altered and made a Lay Fee But they may bee pleased to be informed that the nature of those things continueth still the same and is not changed For in the Statute of 1. Edw. 6. It is expresly saied That the King shall hold those lands of Chantries Colledges and free Chappels in as large and ample manner and forme as the Priests hell them c. and in their natures and qualities So then though the King now holdeth them to a different end and vse yet hee holdeth them in the same nature which they had before And what I pray you can the nature of these and such like things which consist in Iure be but the manner forme state