Selected quad for the lemma: judgement_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
judgement_n	according_a	law_n	time_n	1,531	5	3.5321	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A20574	A compleat parson: or, A description of advovvsons, or church-liuing Wherein is set forth, the intrests of the parson, patron, and ordinarie, &c. With many other things concerning the same matter, as they were deliuered at severall readings at New-Inne, / by I. Doderidge, anno, 1602, 1603. And now published for a common good, by W.I.	Doddridge, John, Sir, 1555-1628.; W. I., 17th cent.	1630 (1630)	STC 6980; ESTC S109763	45,102	102

preiudice the inheritance of him that hath the nomination but he shall nominate to the Chancellor still who in the name of the King shall present to the Ordinarie And if the King present without any such nomination the nominator shall bring his Quare Impedit against the Incumbent onely because the King cannot be tearmed as a Vsurper LECT 13. The things incident to Presentation prosecuted who may present what Parsons may bee presented to whom the Presentation must be made and the manner thereof BEfore hath beene shewed what a Presentation is and what is the effect and fruit of the Patronage and finally in what case the Presentation and Nomination differeth At this time it resteth how to prosecute the things incident to Presentation and to make show who may present what parsons may bee presented to whom the Presentation must bee made and in what manner But because no presentation can bee made vnlesse to a Church or Dignity something shall bee showed when they shall bee voyde and vpon what occasion An avoydance is in two sorts actuall in Deed destitute in Law which is an avoydance de Facto and auoydance de Iure Actuall is when the Church is actuall in deed destitute of his Incumbent in Law when the Church being full of an Incumbent is notwithstanding frustrate of his right and lawfull Incumbent by reason of incapacitie or crime in the parson of him that occupieth in steed of the rightfull and lawfull Incumbent and therefore amongst the Canonists Ecclesia Dr. viduam tuam sponsumque habet invtilem there is therefore a great difference betweene voydance in Law and voydance in deed the first of which two the Espirituall Court hath to determine and therefore the supreame head may so dispense there that such anoydance in Law shall neuer come to be auoydance in deed and of auoydance in Law no title acreweth to the Patron vnlesse something bee therevpon accomplished by the Espirituall Court as a declaratorie sentence or such like but vpon avoydance in deed presentment acreweth to the Patron yet in such and the like cases Distinguendum est for if the dignitie bee temporall as a Master of an Hospitall or such like and that there be found defect in him by visitors it is an actuall avoydance and the Patron may vpon this make a new collation without solemne sentence of depriuation but if the dignity bee Espirituall it is requisite vpon such defect that sentence of Depriuation bee giuen before auoydance can bee and that such sentence be notified to the Patron otherwise Laps shall not incurre against him Auoidance and Plenartie are primati●a contraria which if they come to bee tryable by issue betweene the parties they are tryed by two distinct Lawes Plenartie which is if the Church be full of an Incumbent or not shall bee tryed by the Common Law which is by the certificate of the Ordinarie but Avoydance which is if the Church bee voyde or not shall bee tryed by the Country impanuelled in a Iury notwithstanding if the issue bee vpon any speciall sort or manner of avoydance the same shall be taxed by the certificate of the Byshop so that such speciall cause shall be Spirituall The efficient causes of avoydance are eyther temporall as Death or spirituall as Deptiuation resignation creation session and entrie into Religion whereof more shall bee said afterward LECT 14. The two first particuler causes of Avoydance of Churches viz. Is eyther Temporall as Death or Spirituall as Depriuation the one of it selfe being manifest and the other a discharge of the Dignitie or Ministerie IN the last Lecture or reading before was shewed something of auoydances of Churches in generall now it remaines to pursue the perticular meanes that is to say Death Deprination Resignation Creation or Cession and entrie into Religion of euery of which we will speake something as the cause requireth 1 And first of all concerning Death Quae omnia solui● the matter of it selfe is manifest and needeth no further declaration 2 As concerning Depriuation it is a discharge of the Incumbent of his Dignitie or Ministerie vpon sufficient cause against him conceived and prooved for by this hee looseth the name of his first dignitie and herein two manner of wayes eyther by a particuler sentence in the Spirituall Court or by a generall sentence by some positiue or Statute Law of this Realme 1 Deprivation is in the Spirituall Court for that that it is grounded vpon some defect in the partie deprived although it bee by act of Law yet it is deemed as the act of the partie himselfe The causes of Depriuation by Censure in the Spirituall Court are to be referred to the Common Law therefore let vs remember such of them vpon which questions haue beene mooved in the Bookes of our Law all which causes mentioned seuerally may bee reduced to three principle points first want of Capacity secondly Contempt thirdly Crime As concerning the first although by the Common Law a Lay person bee presented and Instituted and Inducted to an especiall Benefice which Curate is altogether vncapable of the same yet the Church is not therefore to bee said voyde as if no presentation had beene but it is still full of an Incumbent de Facto licet non de Iure vntill by sentence Declaratorie for his want of Capacity the Church be adiudged voyde and vpon this no Laps shall incurre against the Lay Patron without notice of such incapacity sentence of deprivation therevpon to him giuen King H. 4. presented one that was incapable of his presentation and the Presentee was thereby admitted instituted inducted and afterward the Pope enabled the presentee by his Bill yet the King had a scire fac and thereby recovered his presentation againe because the Incumbent was not capable whē he was presented If the Patron present one that is meerely a Lay man within the age of 25. he vpon this be Admitted Instituted and Inducted and afterward a Qua. Imp. be brought against the Patron and the same Incumbent whereof Iudgment is given by the default of the Incumbent where indeed the Incumbent was neuer at any time duely sommoned according to the Law by reason of which Iudgment the same Incumbent is removed if vpon this afterward the said Incumbent by sentence declaratory be deprived in the Spirituall Court for want of Capacity in suite there for the cause of his incapacity exhibited against him such sentence is good availeable in the Common Law although the said Incumbent were before removed from his Beneside by the Iudgement giuen against him in the Qu. Imp. for though such declaratory sentence giuen against him by the Spirituall Law cannot remoue him that is removed already yet it shall make this Incumbent answerable to the next Incumbent for all the meane profits received by him that was the first Incumbent from the time of his Induction Yet if the first Incumbent so depriued will afterward bring a writ of deceipt vpon the

nothing but giue licence to the person to charge his Rectory with an Anuitie this shall bee a good grant to Charge the Church in perpetuitie For that that it is not to any other free tenants a Charge but to the parson because neither the patron nor the Ordinarie can haue the Church themselues but onely to dispose and bestow the same vpon some other neuertheles such assent ought to be by writing LECT 3. The seuerall Intrests of the Patron and Ordinarie and what it is IN the Lecture next before I haue ●et forth to you the right that both the Patron and Ordinarie hath joyntly to intermeddle in the Church Now it remains likewise that I declare their seuerall Interests Therefore at this present I intend to deliuer somthing touching the Collateral Intrest of the Patron sole and after to examine what manner of Inheritance an Advowson is and so to refetre the Intrest of the Ordinary sole to a more conuenient place when as we shall come to speake of Admission and Institution What Collaterall Intrest alone the Patron hath in the Church may in brie●e thus be decyphered first by the Common Law before the Statute of Westminster second as hee ought by the opinion of some men to bring his writ of Advowson of the fift part or any lesse part of the Tyth●s and oblations of the Church in any suite of Iudicauit attempted against the Presentee or Incumbent that hath sued in the Spirituall Court for the Recouerie of the same and hath caused the Patronage in this respect to come into question or as some men thinke he might haue had his Writ of Heres as a Precipe quod reddat advocationem quinque acrarum terrae or one acre of Land and such like For which cause the Statute was made to be a restraint for bringing the same writ of any lesse part then of the fourth part of their Tithes so that the Statute in this behalfe was but a restraint of the Common Law Which argueth that the comparing of the Rectorie tendeth Collaterally to be an impeachment and preiudice to the Patron himselfe and so importeth a Collaterall Intrest that the Patron hath to the Church Againe by the graunt of the Church the Advowson passeth wherefore Herle sayd in the first part of Ed. 3. That it was not long since when men knew not what an Advowson was nor meant but by the Graunt of the Church they thought the Advowson to be sufficiently conueyed in the Law For said hee when they purposed to assure an Advowson their Charter specified it in the gui●● of the Church Moreouer the King being Patron hath often ratified and confirmed the estate of the Incumbent in a Rectorie that an vsurper had presented by meanes whereof hee cannot remoue the same Incumbent vnlesse for some cause hee repeale his Charter of confirmation Notwithstanding if the King recouer by a Quare Imp and after confirmeth the estate of the Incumbent that the vsurper presented by meanes whereof hee cannot be remoued at the next Avoidance the King shall present for the Judgement giuen for him was not at any time executed which also proueth the Collaterall Intrest that the Patron hath to the Church for no parsons can lawfully confirme but such as haue right to the thing confirmed Ancient Bookes haue held and that not without reason That an Advowson hath such an affinitie with the Church it selfe to which it is granted and to which it is a Collaterall Intrest as hath beene sayd that it should passe by Liuerie of seism made at the Ring of the Doore of the Church and although by such meanes it passe not at this day being meerely a thing that lyeth in Graunt yet the same proueth the Collaterall Intrest of the Patron to the Church for this opinion holden in the Bookes is granted for the like reasons In a Writ of right of Advowson the Parson shall bee summoned in the Church or at the doore of the Church And if a villeine purchase an Advowson in grosse Littleton saith full of an Incumbent the Lord of the same villein may come to the same Church and their claime and the Advowson shall be in him All which things added to the former sufficiently proueth the Collaterall Intrest that the Patron hath to the Church LECT 4. What manner of Inheritance an Advowson is lecture 4 WEE are now to consider what manner of Inheritance an Advowson is wherfore let vs consider that euery Inheritance is eyther Hereditas Corporata or Incorporata Hereditas corporata is a Meadow Messuage Land pasture Rents c. that hath substance in themselues and may continue for euer Hereditas incorporata is Advowsons Villeins Wayes Commons Courts Piscaries c. which are and may be appendant or appurtenant to Inheritances Corporate An Advowson therefore is Incorporate of which a man may be Seisied though not of Demesne yet as of Fee and as of right And although great Disputation haue beene in our bookes whether an Advowson may bee holden or lye in tenure yet the most authorities concurreth and are that any Advowson either in grosse or appendant lyeth in tenure aswell of a Common person as of the King For a Cessauit lyeth thereof and some haue holden that the Lord of whom it was holden may distreine either in the Church yard or in the Gleebe the beasts of the Patron onely if they happen to be there found 33. H. 6. Godred contrarie but though the law be that there cannot bee taken any distresse yet the same makes not any impeachment of the tenure and being parcell of a Mannor or appendant to it it may bee holden as some bookes are pro particula illa Therefore it is holden and said that an Advowson is a tenement and therefore whereas the King hath giuen licence to an Abbot to amortise lands and tenements to such a value by force whereof he purchaseth an Advowson and this was holden good sufficiently pursuing this licence and therefore in the booke an issue was taken if the same Advowson were holden in Capitie and therfore if a man grant a Ward or Omniaterra tenementa that he hath by reason of his Ward if there be an Advowson holden of the Lord being guardian the same passeth to the grantee by the words of Omniaterras tenementa Of an Advowson a precipe quod reddat lyeth very well and a writ of Dower shall bee maintained of the same by the wiues of such as haue such inheritance therein as giueth a dower as before hath beene said and so the husband of her that hath the'nheritance in it shall be tenant by the Courtesie although there neuer were had any presentation by the wise to it But yet there shall not be any discent thereof from the Brother to the Sister of the entyre blood by the maxime of possessio fratris c. But the same shall discend to the brother of the halfe

better entendment whereof wee will first see what can bee said vpon both pa●●s That it is appendant onely in respect of the Demesnes tho●●●r the like authorities or reasons may bee produced It is said that an Advowson appendant to a Mannor cannot be appendant to a Rent or Service of the same Mannor but onely to the Demesnes whereof onely if a man hath a Mannor to which an Aduowson is appendant and granteth the Demesnes cum pertinentijs the Advowson passe appendant therevnto so likewise if he grant the Demesnes excepting the Advowson the Advowson is now becommed in grosse If a man should haue a Mannor and blacke acre that was holden of the same Mannor Escheateth so that the same Acre is become now parcell of the Demesnes of the same Mannor if hee that is so seisied of the same Mannor grant all the Demesnes excepting blacke Acre and the same Advowson the Advowson is become in grosse and yet it is a Mannor notwithstanding for now blacke acre is onely the Demesnes which together with the other seruices cause the Mannor to continue neuerthelesse the Advowson is become in grosse for that that it was appendant onely to the Demesnes of the Mannor which were aliened and cannot now be appendant to blacke Acre because it was neuer before appendant to the same in as much as appendancie is onely granted vpon continuance and prescription and not vpon the same reason If hee that is seisie of a Mannor whereof blacke acre is holden and the same Escheateth and he granteth the same blacke acre vna cum Advocatione the Advowson passeth not appendant to the acre but in grosse as aforesaid but if in the two aforesaid cases a man were seisie to a Mannor before the Statute of Westminster the third De quia emptores terrarum with an Advowson thereto belonging and giue certaino acres parcell of the Demesnes of the same Mannor to diuers persons to bee holden of the same Mannor if afterward such acres Escheate and the Lord granteth the residue of the Demesnes excepting the acres so escheated and the Advowson the Advowson is still appendant to the same Mannor because it was appendant to the same Acres before they were giuen to bee holden of the Mannor If a man were seisied of a Mannor to which an Advowson is appendant and before the Statute of Westminster the third were likewise so seisied of other acres of land in grosse and not parcell of the same Mannor if he had giuen the same acres of Land to diuers persons to bee holden of the same Mannor as he might then haue done and after the same acres of Land escheated now are they parcell of the Demesnes of the same Mannor although they neuer were so before and after the Lord of the Mannor granted all the ancient and former Demesnes of the same Mannor vnlesse one acre this acre and the other acres Escheated maketh now the Demesnes of the same Mannor and the Advowson appendant is still appendant to the whole Mannor but yet it was so appendant in respect of the one acre that was parcell of the ancient Demesnes of the same Mannor and if the Lord intend at any time to seuer this from the Mannor and still to keepe it appendant to no acre but onely to that which was parcell of the Demesnes of the Mannor all which reasons prooue that the Advowson is appendant more in respect of the Demesnes then otherwise Of the other part those cases proue that an Advowson appendant to a Mannor is not appenpant to any part of the Mannor but to the en●yretie for it is an intyre thing and therefore if a man hath a Mannor to w ch an Advowson is appendant i● he Enfeoffe I. S. of the same Mannor and 〈…〉 L●uerie of the Demesnes and before the 〈…〉 t of the Tenants the Church becomes voyd the Feoffee shall not present because he hath not the Mannor to which the Advowson was appendant but if the tenants afterw●●●●tto●ne within sixe moneths after the auoydance he may very well present therevnto So likewise in the former case if the Feoffor o● the estranger present before the Attornment of the Tenants yet if afterward attornment be had within the sixe Moneths after the avoidance the Feoff●e may bring and maintaine his Quare Impedit and so re●uer his presentation which prooueth that the Advowson is appendant to the whole Mannor as it is entyre and not by reason of the Demesnes onely for the determination of the Law in this It is true that the Advowson in such case is appendant to the entyre Mannor and not to any part thereof during such temps as it remaines a Mannor without alteration or disjoyning the Advowson from it neuerthelesse if you will diss●lue the Mannor and seuer the Advowson from it and yet desire to haue the same appendant then it cannot be appendant to any part of the Mannor but onely to such Lands as were of the ancient Demesnes of the same Mannor wherefore in the first case Iudgement was giuen that after the Attornment had the Advowson passed to the Feoffee of the Mannor as appendant to the entyre Mannor and that the Graunt made in the meand time betweene the liuerie of the Demesnes and the attornement of the Tenants was voyd and that the Advowson p●ssed not thereby to the same Grantee of the Advowson but is by the Attornment by which the seruices passed made appendant to the entiretie in the hands of the Feoffee LECT 9. How an Advowson may bee seuered from the principall and by what meanes it may be reconnexed thereunto againe IN the two last former Lectures hath beene declared at large First to what kind of Inheritance an Advowson may bee properly appendant and then in what manner it may be appendant Now remaineth the third thing th●n treated of that is to say how it may be sundred from the principall and againe by what meanes it may be thereto annexed by Entrie or without entrie into its principall It may bee sundred eyther rightfully or by a rightfull conueyance of which wee shall speake more at large when wee declare the nature of an Advowson in grosse and of that which is partly in grosse partly appendant whether it may bee sundred in a wrongfull manner as by a tortious act that is to say by Disseisin of the Mannor to which it is appendant or by a wrongfull assurance as by discontinuance or other wrongfull disposition thereof As for vsurpation wee shall speake thereof in a place more conuenient afterward at large if therefore a man be disseised of a Mannor to which an Advowson is appendant and the Advowson becomes voyde the Mannor still remaining in the hands of the Disseisor this was ancient Law as Bracton saith that he should not haue presented to the Advowson vntill he had recontinued or made his entrie into the Mannor because saith he Quod sesinam habere non poterit quis de pertinentijs antiquam acquiseret