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A60247 The history of the original and progress of ecclesiastical revenues wherein is handled according to the laws, both ancient and modern, whatsoever concerns matters beneficial, the regale, investitures, nominations, and other rights attributed to princes / written in French by a learned priest, and now done into English.; Histoire de l'origine & du progrés des revenues ecclésiastiques. English Simon, Richard, 1638-1712. 1685 (1685) Wing S3802; ESTC R19448 108,906 286

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Right of presenting to Benefices which depend on their Patronage It may be doubted whether Bishops in defect of these Patrons who are incapable of presenting to Benefices of their nomination ought in full Right to confer the same Benefices It would seem that that did belong to them by Canon Law because the Patronage which is a kind of servitude tolerated by the Church ceasing the Bishops enter again into their ancient Right But on the other hand seeing Lay-Patrons enjoy not the right of Patronage but because of their Lands and Inheritances there is a great deal of appearance that it belongs to the King who is their Soveraign Lord to supply the defects of his Vassals when they themselves cannot exercise a Right that is annexed to their Fiefs In the same manner as the King in Normandy has the Right of Wards and that by virtue of that Right he is Patron in the place of the Minors who have Lands with right of Patronage until they be of age However It is certain that the Bishops are at present in possession of that right and that they are grounded upon a declaration of the King which they pretend to be in their favours There happened lately a Process betwixt the King and the Arch-Bishop of Rouen concerning the Cure of Oinville which is in Huguenot Patronage and to which both the King and Arch-Bishop had presented which shews plainly enough that the King had a mind to recover his right having referred that matter from his Council to be examined in the great Council After all the Patrons professing the Reformed Religion have found a device to preserve their Right of Patronage For by a counterfeit Contract they sell their Lands with Patronages to some Catholick of their Friends or Relations And so they remain Masters unless the Fraud of their Contracts be discovered But let us now come to Ecclesiastical Patronages Ecclesiastical Patronages derive their Original from the I. Council of Orange The Original of Ecclesiastical Patronages where Bishops that found Churches out of their Dioceses are permitted to present capable Persons to them who are afterward to be ordained by the Diocesan Bishops That Right hath past insensibly to all other Founders And at length regular Communities have also presented to Benefices depending on their Monasteries In their favours the Rule hath been made which bears that Secular Benefices shall be given to Seculars and Regular to Regulars By Law all Benefices ought to belong to Seculars because none but Seculars are by right capable of Ecclesiastick Employments and that the Religious have only got into them by Priviledge and Dispensation But since they have been permitted to possess Lands Nay Fiefs and Lordships they have had many Churches in their disposal which they have governed themselves or committed to Secular Priests They commonly gave Parish-Churches to be governed by Secular Priests allowing them but a very moderate Stipend and had even the power to change them as they pleased But at length they were forced to place Curates or perpetual Vicars in their Churches for preventing a vast number of Abuses and partly from thence we have the Cures to which they present in Quality of Patrons The Original of Priories As to Priories and other Benefices to which they nominate they were at first but Administrations or Manual Benefices which for that reason were called Obediences because the Religious were employed in those Offices by the command of their Abbots or Superiours whom they were obliged to obey and they continued no longer in the Employments than their Superiours pleased They had the name of Praepositi or Obedientiarii and their Care extended more to the Temporal than the Spiritual If Lands lay remote from the Monastery some Religious were to be sent thither to take the care of them And seeing Monks ought not to live alone unless they were Hermites or Anchorites they had Companions assigned them of which one took the Title of Praepositus and the places where they lived were called Cellae Grangiae Obedientiae to distinguish them from the Principal Monastery of which these Houses were but Dependances This is the Original of Priories and other lesser Benefices of Monasteries which in the beginning were Manual and in Rule Nay it seems even contrary to the Institution of the Monastick life that Monks should properly possess Benefices in Title in the manner that they are Established by the New Law for they are the absolute Masters of their Revenue which is in some sense contrary to the Vow of Poverty that they have made In process of time many of these Priories have been conferred on Seculars whether because of the scandalous Lives of the Religious that possessed them or for other reasons and by that means the Benefices are gone out of the Rule Forty years possession is enough to change the nature of Benefices In the mean time the Monks who perceive that these Benefices are by their Foundation regular use all possible Endeavours to recover them again and spare no means to get them out of the hands of the Seculars who possess them being persuaded that they cannot commit Injustice nor Simony in regaining the Lands which they pretend belong to their Church When Benefices are once in possession of Monks it is hard for them to return again to Seculars because as we have observed before after forty years possession they become regular On the contrary it happens often that Benefices possessed by Seculars fall under Rule because Regular Communities compound with Seculars by Pensions Annuities or other ways We have then general Rules for distinguishing Benefices in Rule from those that are not to wit forty years possession and failing that Rule all Benefices of their own nature and by Canon Law are Secular Nothing but the Foundation can prove a Benefice to be in Rule and then the Title of the Foundation derogates from the Ancient Canon Law Though it be certain The Right of Commendatary Abbots in the nomination to Benefices that Religious and Regular Communities present to many Benefices in Quality of Patrons yet there is great difficulty to know to whom that Right of Patronage belongs since the Establishment of perpetual Commendums And there happen many suits upon that account betwixt the Commendatary Abbots and the Monks Yet it is an easy matter to resolve all these difficulties if we lay down some principles that cannot be questioned We must not consider then the Modern Commendums as bare Consignations but as real Titles as all the Bulls of Commendum bear If the Commendums were no more but bare Consignations the Commendataries could not have as is commonly said Jus in re but barely the keeping or Custodiam Commendae and by consequent they could not dispose of Benefices because such kinds of Commendums or Consignations are only for a certain time It is not so with the Commendums now in question because they are ad vitam and retain nothing but the name of Commendum being in