Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	ireland_n	king_n	statute_n	2,756	5	8.4949	4	false

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

my purpose is not at this time to perswade a Parlament to make a Law but to prooue vnto the world That the Law is of force alreadie and wanteth nothing but a fit and a willing hand to put it in execution In pursuit of which point I list not frame vnto my selfe an aduerse partie Rather I wish that the iustice of the cause may neuer finde an enemie Neither will I be curious in forging Arguments against mine owne opinion for that were but like tilting at a Sarazens head Onely I will shew that all those Statutes which most properly concerne this matter make nothing against but altogether for the Vicars maintenance in such sort as hath beene before declared wishing and hoping also That some religious Professour of the Common Law may hereafter vpon these poore grounds of mine goe on and maintaine this cause of GOD and of his Church with more strength of witt and force of Arguments then I am able to doe in a point which doeth not so properly belong vnto mine owne profession The Statutes therefore that principally ●7 31. H. 8. 1. Edw. 6. in England 28. 32. H. 8. in Ireland concerne this matter are those of 27. and 31. Henry 8. and 1. Edward 6. in England and those of 28. and 32. of Henry 8. heere in Ireland to the same effect All made for the dissoluing suppressing surrendring and taking into the Kings hands the Monasteries Free-Chappels and other religious houses in both these Kingdomes In these Statutes it is intended that the King shall haue and hold the said Monasteries with their Parsonages appropriate and other lands in as large and ample manner and forme as the late Abbat or Prior held them at the time of the dissolution suppression or other giuing vp of the same for so say the Statutes His Maiestie shall haue and enioy to him and his heires for euer all and singular such Monasteries and tithes and in as large and ample manner as the Abbats now haue them in the right of their Houses And in another place of the same Statute it is said That the Takers from the King shall haue and hold all such lands c. And shall haue all such Suites Actions Entries c. in like manner forme and condition c. And in another passage That the King shall hold them in the same state and condition as now they be c. Which words of manner forme state and condition are not to bee restrained as I conceiue to the present and actuall possession of the Abbat at the day of the dissolution but to the vniuersall right which he had in the name of his House And therefore wee finde it sometimes added in those Statutes Or of right ought to haue had held or occupied the same at the time of the dissolution For whether the Abbat had any thing vniustly detained from him the King succeeding in his right had action to recouer it because the Abbat might and of right ought to haue recouered the same Or whether the Abbat owed any thing to any man or wrongfully detained from any man the King or his Grantee standing seised in his right might bee impleaded for it because there was no more passed to the King then the Abbat ought of right to haue possessed And therefore the law chargeth the King with the paiment of all the due debts of the Abbats or their Houses by the Statute 27. Henry 8. in England not printed Whereas therefore it is said That the King shall hold those lands and Impropriations in the same manner forme and state as the Prior did at the time of the dissolution I take the meaning to be that hee shall enioy them by vertue of that Act with the same limitations priuiledges and burdens as the Prior did As for example The Templars held their lands exempt from paiment of tithes not simply but sub modo scilicet quamdiu propriis manibus excoluntur wherefore sub eodem modo and in the same forme and state the King doth and ought to hold those lands exempt from paiment of tithes vnto this day And that this is so and that those Acts of dissolution did not onely looke to the present actuall estate of those lands but had an eye to the whole right of the Abbats and to all future possibilities appeareth plainely by a Case of the 11. of the late Queene reported by Dier 11. Elizabeth Dier Where a Prior of a late dissolued house of St. Iohn of Ierusalem had long before the dissolutiō made a lease of the Mannor of D. for terme of yeeres vnto A. which A. beeing tenant did pay tithes of the said Mannor to the Abbey of Rochester Vpon the dissolution the King granted the reuersion of the said Mannor in fee vnto one Stathome and his heires Afterwards the lease expired and Stathome taking the land into his owne hands refused to pay tithes alleaging that the Mannor was passed to him To haue and to hold the same in as ample manner as the Prior held it c. And further declared in Chancery That the said Prior so long as hee held it in his owne hands was discharged from paiment of tithes by a priuiledge from Rome as all the Cistertians Hospitalers and Templars were And vpon consideration of the Statute of 27. Henry 8. It was resolued by Catlin Saunders Southcote and Dier and vpon their opinion it was accordingly decreed by the Lord Keeper that then was That the said Stathome and his heires should hold the said Mannor discharged from paiment of tithes Tanque a ceo quils ceo lesseront misseront a ferme i. vntill such time as they should let it out to farme for sub hoc modo was the priuiledge granted to the Prior and sub eodem modo was the land to bee held by the King and from him by Stathome and his heires By the same reason if at the time of the dissolution the Prior had held it in his owne hands and consequently it had come to the King and from him to Stathome discharged from tithes in the beginning yet if afterwards he had let it out to a Farmer his Farmer should not at this day bee discharged because the Priors farmer was to pay it notwithstanding the priuiledge And Stathome was to hold it In such and in like ample manner True but in no more ample manner then the Prior did Now the Prior was to hold it discharged from paiment of tithes no longer then while hee held it in his owne hands therefore also Stathome shall hold it in the same manner and with the same limitation This haue I heard deliuered by men of good sufficiency and skill in the Common Lawes And Dier seemeth to auerre as much when he saith Tanque à ceo quils ceo lesseront misseront à ferme Implying thereby That so soone as it should fall into a Farmers hands the priuiledge should be suspended as being not Simple but Modall and restrained

him which Fincheden there granteth to be true in case the Vicars estate become weake and feeble And we desire no more And in this case although the Parson or Proprietarie be saide to be interessed yet is all the power and right of assigning the Endowment in the Bishops hand For as Belknapp there saith The Ordinarie shall endow and the Parson shall doe nothing but consent because the thing it selfe is meerely spirituall In which case if the Parson will not consent yet the Bishop goeth on without him And if perchance he shall exceede in his taxe the Proprietarie is left to his Appeale ab excessiua taxatione by the course of the Canon Law as Rebuffus saith But other remedie he hath none no not at the Common Law as Belknapp there affirmeth And it is further to bee remembred that this power of assigning the Vicars portion euen out of the lands and principall possessions of the Abbat as Parson of the place was euer helde so proper to the Bishop that he might doe it sans Congé sans licence du Roy i. without the leaue or licence of the King as is there affirmed And therefore shall not now need a new Acte of Parliament for his warrant but onely the hand of iustice for his assistance in the execution of his right It should seeme that about the times of Edw. the 3. Rich. the 2. and Hen. the 4. which was an age of horrible confusion by reason of those bloudie warres wherein the Crowne of England was then entangled both at home and abroad the greater fish of the Clergie went about to eat vp the lesser My reason is because in those dayes there were so many solemne lawes made to maintaine the one in his right and to represse the iniury of the other For ill customes commonly giue occasion to make good lawes In the time of Edward the 3. as hath been formerly said there was a Statute made to enable the Vicar to bring his Action against the Abbat who detained the Glebe or other duties from him In the time of Richard the 2. anno 15. a Statute was Stat. ●●n 15. Richar. 2. made That in euery Licence from thenceforth to be made out of Chancerie of the Appropriations of any Parish Church it should expressely be contained and comprised That the Diocesan of the place vpon the Appropriation of such Churches should ordaine according to the valuation of such Churches a conuenient summe of money to be payd and distributed yeerely out of the Fruits and profits of the same Churches by those which haue them in proper vse and by their successors to the poore Parochians of the said Churches in aide of their sustenance and liuing for euer And also that the Vicar should be well and sufficiently endowed cap. 6. Also by a Statute of 4. Hen. 4. 4. Hen. 4. It was ordained that the Statute of 15. Rich. 2 should be kept and put in execution And that Appropriations made since that Statute contrary thereunto should be reformed by a certaine time or else be void And that from thenceforth in euery Church so appropria●ed a Secular person should be ordained a Vicar perpetuall canonically inst●tuted and inducted in the same and conuenably endowed by the discretion of the Ordinarie to doe diuine Seruice and to informe the people and to keep hospitalitie there with other conditions and limitations there expressed Here we see first That although the Parliament was carefull to haue the Vicar prouided for yet it left the disposition of these things vnto the Bishop of the Diocesse Secondly in case the Bishop was defectiue in his first Assignation of the Vicars portion hee was enioyned to reforme it and make it better by a time prefixed otherwise his acte of Appropriation to be void That the measure of the Endowment was to be conuenably sufficiently and well endowed That there was no other Rule of this measure but the discretion of the Bishop for the vses mentioned in the Law That this Vicar must be secular perpetuall canonically instituted and inducted all suitable to that which hath beene formerly declared out of the Canon Law The fruit of all which Statutes is That throughout the Church of England a man shall scarce finde an Impropriation without a Vicarage or a Vicar without a reasonable good allowance And lastly we finde That besides this reasonable and sufficient allowance due vnto the Vicar the Statute most wisely and charitably prouideth that the Ordinarie shall ordaine a conuenient proportion of money to be distributed yeerely among the poore of the Parish meaning as it seemeth that euery bird taking his owne feather and euery man his due the Abbat should be reduced to that small pension which was onely due vnto him at the beginning by the law of Impropriations THus haue I as plainly as I could and as briefly as the matter would permit shewed That out of euery Benefice appropriate there was euer a competent portion certaine or vncertaine by the Canon law due and by the practise of all times and places especially of England and Ireland reserued to the Vicar for his daily seruice in the Church Also that the Bishop in his owne Diocesse hath authoritie to require the Proprietarie to make this allowance before hee admit of his Presentee or vpon his refusall or delay to present in his owne right as in other cases of Lapse and Deuolution and out of the whole profits to make a competent and sufficient allowance for the Vicar and to compell the Proprietary to performance thereof by excommunication And lastly that both the right of the Vicar and the power of the Bishop in these cases haue euer been warranted by the Lawes and Statutes of the Kingdome If then this was law heretofore it is law still vnlesse it be either expressely reuoked or tacitely disanulled since the time of the dissolution And this is the point which commeth next to be discussed And truely for mine owne part I must confesse that I could neuer yet learne of any Statute made since the dissolution in either Kingdome which either tacitely or expressely doth wholly abrogate or in part derogate from the Canon lawes and the laudable Customes and ancient Statutes of these Kingdomes in this point And pitie were it That the Lawes of the Kingdome hauing left vnto the Church especially to this of Ireland this onely boord whereby to saue it selfe from the miserable wrecke which it suffered by the ouerflowing Deluge and Inundation of Vnions and Impropriations in time of Poperie the Parliament should be thought guiltie of so great a sinne as to robbe her of this poore meanes to saue her selfe withall Rather it might be hoped that being put in mind thereof and if neede should so require they would more plainely expound their meaning and in such sort as might best stand with the glory of GOD the good of the holy Church the honour of so high a Court and with the wisedome of euery particular member thereof But