Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	king_n	robert_n	7,874	5	8.8832	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A68720	The historie of tithes that is, the practice of payment of them, the positiue laws made for them, the opinions touching the right of them : a review of it is also annext, which both confirmes it and directs in the vse of it / by I. Selden.	Selden, John, 1586-1654.	1618 (1618)	STC 22172.3; ESTC S117046	313,611	538

as regularly the later common Law would haue it and in the other by Prohibition only I know little proof will serue most men to iustifie that the Spirituall Court had then a Iurisdiction of them but also some testimonie I haue seen of a particular recouerie of Tithes in the Bishops Court in that age The Monks of Northampton vnder King Stephen recouered two parts of the Tithes of the demesnes of Wullaueston against Anselm de Cochis before Robert Bishop of Lincoln as Ordinarie In plenaria Synodo coram Roberto Lincolniensi Episcopo disrationauerunt as the words are in a sealed Charter of Simon the second Earle of Northampton then liuing wherein hee testifies both the recouerie as also Anselme's confirmation of the same two parts according to the recouerie and addes also of his own volo praecipio vt illam Eleemosynam habeant teneant liberam quietam And to this you may adde the Appeales to Rome from the Audience of the Archbishop of Canterburie and other Ecclesiastique Conisans touching Tithes that are as the ancientest Precedents of any such Ecclesiastique proceeding in England remaining among the Epistles of Iohn of Salisburie a great fauorite of Thomas Becket Archbishop of Canterburie in the beginning of Henrie the second In one of them it is obseruable by the way that one Richard the Tenant of Land lying within the Parish of Lenham being sued in the Audience by Andrew the Rector for his Tithes alledges in Court Sibi a nobili viro Willielmo fratre Regis Domino suo esse prohibitum ne eo absente super Decimis de quibus agebatur causam ingrederetur Yet the Court ceased not therefore to proceed but Sentence being readie to be giuen for the Rector the Cause was sent to Rome vpon the defendants Appeale And although the title were only vpon the Grant of him that arbitrarily consecrated yet was it somtime determined in the Spirituall Court But also that in this elder age before about the time of Henrie the second the Kings secular Courts of Iustice originally held plea of the right of Tithes is as plain by infallible proofe of ancient Moniments To begin with the eldest times of this part of our Diuision there remaines yet recorded a Plea held apud Fulcardi montem vnder William the second betweene the Monks of Salmur and Philip de Braiosa wherein the Monks claiming against him and the Abbey of Fischamp in Normandie Parochiam quae ad Sanctum Cuthmannum pertinet de Castello de Staninges these are in England I thinke in Sussex de Bedingas de Bedelingtona by the testimonie of Robert Earle of Mellent a Iudgement of the Conquerors time is cited by which the Abbey of Fischamp had the Parish of S. Cuthmann adiudged to it in the Kings Court And thereupon it being denied by none it was now again adiudged that the Monks of Salmur should restore whatsoeuer they had taken post mortem Regis in Decimis Sepulturis Offrendis c. to the Church of Fischamp And while some delay was in the execution the King sent his Writ ad Iusticiarios suos de Anglia that is to Ralf Bishop of Chichester Randoll his Chaplaine Hamon his Sewer and Vrso de Abetot whereby hee commanded Vt facerent Ecclesiam S. Trinitatis that is of Fischamp habere totam Parochiam S. Cuthmanni Decimas Corpora omnes Custumas tam de viuis quam de mortuis sicut pertinebant ad praedictam Ecclesiam S. Cuthmanni antequam Willielmus de Braiosa haberet Castellum de Bembra Bramber Castle in Sussex giuen by William the first to William de Braiosa quicquid de supradictis custumis Monachi de Salmur ceperint reddi The right of Tithes and Offerings appeares here plainely to haue been determined in the Temporall Court by two Iudgements the one vnder the Conqueror the other vnder his sonne William And it is found vpon record that about 10. Hen. 1. a Writ was sent to Manasses Arsic out of whose Lands diuers Tithes were conueyed into the Monasterie of Fischamp commanding him Quatenus Decimas a parentibus suis inuiolabili iure concessas datas Fiscamensi Ecclesiae Monachos suos apud Coges degentes omnes in pa●e quiete habere faciat sinon Iustitiae Regis facerent Whereupon he sends his Precept to all his Tenants of such Lands commanding them to make payment Si quis autem aliter saith he facere praesumpserit Regis irae nostrae poenam sine dubio patietur So among the Liberties of Saint Iohn of Beuerley this Writ is found of Henrie the first Henricus Rex Anglorum Osberto Vicecomiti de Eboraco Geraldo de Bridesala salutem Praecipio vobis vt faciatis habere Ecclesiae Sancti Iohannis de Beuerlaco Decimas suas sicur vnquam melius habuit in tempore Regis Edwardi patris mei de illis videlicet terris omnibus de quibus homines Comitatus Eboraci testimonium portabunt quod eas habere debent Et quicunque detinuerit sciatis quod ego volo vt rectum faciat Deo S. Iohanni mihi T. Ran. Cancellario Comite de Mellet apud Londonias c. What is this else then a kind of Iusticies to the Shirife of Yorkeshire for the right of Tithes determinable by the Countrie Doth not homines Comitatus Eboraci denote as much Of the same time also in a Volume of Constitutions other things belonging to the Church of York Henricus Rex Anglorum Osberto Vicecomiti de Eboraco salutem Mando tibi praecipio vt Archiepiscopum Girardum permittas facias honorificè tenere Ecclesias meorum propriorum Maneriorum quas S. Petro eidem dedi cum omnibus Capellis suis cum omnibus Decimis suis cum omnibus terris suis videlicet Ecclesiam de Bokelinton de Driffeild de Killum de Pickering de Burgo Waltero Euremaro Ministris de Driffeild praecipio vt Decimas de hoc praeterito Augusto quas non reddiderunt plenariè reddant sicut Ecclesia eas iustè habere debet sicut vnquam eas melius habuit tempore patris mei siue meo antequam eas dedissem S. Petro videant ne ampliùs inde clamorem audiam si quis inde iniuriam fecerit Archiepiscopo tibi Osberte Vicecomes praecipio vt plenariam rectitudinem inde facias Teste Rogero Episcopo Sarisburiense apud Westmonasterium in Natali Domini And another is there in these words Henricus Rex Anglorum Ansch. Vicecomiti omnibus Praepositis Ministris suis de Driffeild de Pokelinton de Killum de Pikering de Burt salutem Volo praecipio quod faciatis habere Hugoni Decano Clericis suis benè plenariè omnes rectas Decimas de Dominijs meis in omnibus rebus per haec praedicta Maneria mea de omnibus Parochianis qui ad

Archdeacon of Leicester while the Bishoprique of Lincolne was void which shewes that those times were the infancie of the exact course of Episcopall Institutions as they are at this day vsed Neither had these any priuiledge of Institution as the Archdeacon of Richmond had anciently giuen him or the like At this day and from long time before the Archdeacon only Inducts as the Books common practice shew But thereof thus much by the way IV. For that other of Succession in the Benefices of the Ancestors doubtlesse that was often when the father or other ancestor was Incumbent and Patron and by that challenged right of the time of Inuestiture and sole disposition of the Church would either in his life time conuey the Benefice to his sonne or heire by grant which by the practice of the time supplyed it seemes as well a Resignation as Presentation Institution and Induction or would so leaue the Aduowson to discend to his heire that he being in Orders might retaine the Church in his owne hands according as the Law then it seems permitted Against this was a Canon made in the Nationall Synod at Westminster in 3. Hen. 1. Vt filij Presbyterorum non sint haeredes Ecclesiarum Patrum suorum And another in 25. Hen. 1. held vnder the Popes Legat. Sancimus as the words are ne quis Ecclesiam sibi siue Praebendam paterna vendicet haereditate aut successorem sibi in aliquo Ecclesiastico constituat Beneficio Without that challenged right of Inuestiture supposed in the Incumbent hauing also the Patronage which supplyed all that the Patron Bishop and Archdeacon at this day do in filling a Church how could any Parson make to himselfe a successor or an heire to haue colour to claim the Incūbencie from his ancestor To this purpose may be well rememberd a passage in a verdict found in Rot. Placit 6. Rich. 1. Rot. 1. of such a kind of conueyance of S. Peeters Church in Cambridge the words are Iuratores benè sciunt quod quidam Langlinus qui tenuit Ecclesiam illam qui fuit persona illius Ecclesiae dedit Ecclesiam illam secundum quod tunc fuit mos Ciuitatis Cantebrigiae cuidam parenti suo Segario nomine qui illam tenuit per LX. annos plus fuit persona illius Ecclesiae ipse posteà dedit Ecclesiam illam Henrico filio suo qui illam tenuit per LX. annos ipse in ligea potestate sua dedit illam Hospitali Cantebrigiae per Cartam suam idem Hospitali habet Ecclesiam illam They discreetly find the custome of the Citie to maintaine the Conueyance supposing it seems that the custome would help the last Grantors title although the Common Law which had by that time receiued some change herein by force of the Papall Decrees should not haue allowd it I know in the Canons another thing is also vnderstood in this matter of Succession that is the irregularitie of the sonne of a Clerk but that can extend only to the matter of Illegitimation vpon Mariage forbidden to the Clergie For which point alone the Bishops refusall had been the best helpe but that indeed the other kind of disposition of Churches by Inuestiture preuented his refusall when Presentation was not made to him V. But after such time as the Decretals and the encreasing authoritie of the Canons about the yeer M.CC. had setled the vniuersall course here of filling of Churches by Presentation to the Bishop or as it seems sometimes it was to the Archdeacon or to the Vicar of the Bishop or Gardian of the Spiritualties that vse of Inuestitures of Churches and Tithes seuerally or together practiced by Lay men was left off and a diuision of Ecclesiasticall Secular right from thence hath continued in practice Neither did the King afterward much lesse common persons fill their common Parochiall Churches without such presentments from Bishops Parochiall Churches for of speciall donatiue Chappels we here speak not neither were Appropriations of Churches Tithes afterward allowd that had not confirmation from the Ordinarie immediat or supreme And in the same age also came in the Law of the Laps whereby the Bishop is to collate after six moneths vpon the Patrons default it being before at his libertie to fill his Church at his pleasure neither was he confined to any time That time of Laps was according as the vse of Presentation grew by degrees setled receiued into the Laws of England out of the generall Councell of Lateran held in 25. Hen. 2. vnder Alexander the third to which foure Bishops according to the ancient vse of this Kingdom that is Hugh Bishop of Durham Iohn Bishop of Norwich Robert Bishop of Hereford and Reinold Bishop of Bath were sent as Agents for the Church of England By that Councell after vacancie of six moneths the Chapter is to bestow those Churches which the Bishop being Patron had left so long void and vpon their default the Metropolitan but no word is of Lay Patrons in it Yet by reason of the Autoritie of that Councell and of a Decretall of the same Pope which speaks of like time vpon default of Lay Patrons it hath beene since taken here generally that after vacancie of six moneths the next Ordinarie is regularly to collate by Laps Which perhaps was receiued for a Law to continue as it hath done in the Councell or Conuocation at Pipewell held in the first of Richard the first and some ten yeers after that Generall Councell of Lateran For in that of Pipewell the principall thing in hand was the prouiding for Churches vpon death of their Pastors Habitus est saith Ralf de Diceto Dean of Pauls vnder King Iohn generalis conuentus iuxta dispositionem Regis Archiepiscopi XVI Kal. Octobris apud Pipewell vt de consilio vacantium per Angliam Ecclesiarum haberetur tractatus I know it was for many Churches then void but it is like enough that according to the generall Councell this Law was then here receiued but that 's only a rouing coniecture and so I leaue it and as in the Canon Law the Councell of Lateran which must be vnderstood that of Alexander the third is commonly affirmed for the autoritie of the originall of the right of this Laps in the case of Bishops specially and Chapters so is it in ancient moniments of our Laws also in the case of Lay Patrons Ante Concilium Lateranense saies Bracton nullum currebat tempus contra praesentantes And in Placit de Banco Mich. 3. Ed. 1. Rot. 105. Staff The Bishop of Couentrie and Lichfield pleads a collation by laps autoritate concilij against the Prior of Landa to the Church of Patingham and in the same Plea Rolls of Pasch. 5. Ed. 1 Rot. 100. Linc. in a quare non admisit by Alienor the Queen Mother against the Bishop of Lincoln for the Church of Orkestow the six Months and the computation