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A91199 Jus patronatus, or A briefe legal and rational plea for advowsons, or patrons ancient, lawfull, just and equitable rights, and titles to present incumbents to parish churches or vicaridges, upon vacancies. Wherein the true original of advowsons and patronages, together with their justice, legality, equity, are demonstrated; and a full jury of legal writs and remedies (provided by our municipal lawes for defence and recovery of patrons rights, against all usurpations or encroachments on them) produced; as a seasonable antidote, against the late anomolus vote passed to their prejudice, without any hearing of patrons by their councel, or lawful tryal by their peers. Whose duty is here declared; and our fundamental laws defended. Compiled for the present and future benefit of our churches, ministers, and all true patrons of them. By William Prynne of Swainswick Esq; Prynne, William, 1600-1669. 1654 (1654) Wing P3988; Thomason E735_1; ESTC R203240 44,857 56

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spoil to their malitious insatious appetites as is clear by John Cannes second voice against not from the Temple and others speeches and petitions To effect which Atheisticall plot with greater boldnesse and security they make no bones nor conscience to subvert all our former Lawes and Statutes whatsoever for whose defence many of them say they so long fought This Canne doth in his Voice p. 2 c. and in a later pamphlet wherein he had some hand said to be published by ALITHORITY in Capitalls in the Title Wherein he publickly and shamelesly I might say TREASONABLY asserted g that we have no Fundament●ll Laws and Liberties left us by our forefathers that may not be altered the State physicians of our time who passed the Vote against Patrons Rights c. being neither bound up to MAGNA CHARTA NOR PETITION OF RIGHT nor Writs of RIGHT OF ADVOWSON he might have added which his next words include nor ANY OTHER PRESIDENTS but may lay aside either part or whole as they see cause and appoint something else as more seasonable and proper to us and as providence makes way for it That to plead for such unalterable fundamentall Laws is nothingelse but to enslave the Nation for by such a principle people not onely lose their Liberty but are brought under such a kind of Tyranny out of whi●h as being worse than the Egyptian Bondage there is no hope of deliverance c. Adding that every age and generation of men to wit the prevailing party in present power are left free and to themselves both for the manner of Election and time of Parliaments YEA AND TO LAY ASIDE ALL PARLIAMENTARY WAYES AND CONSTITUTE SOME OTHER FORM OF GOVERNMENT if they see it more conducing to the safety and good of the Common wealth With many other such desperate passages and a worse h conclusion against all Malefactors future Trials by Juries which he prophecieth to be near an end and shortly to be swallowed up by the Supreme authori●ity of the Nation So as neither the Name nor thing shall be any more in the Common-wealth of England Is not this to exceed Strafford and Canterbury in High Treason To which monstrous passages I shall return these brief Answers 1. If we have no such Fundamentall unalterable Lawes and liberties and those he mentions be ●ot such then * all our ancestors were very injurious unwise inspending so much blood and treasure and contesting for their violation and new ratification of them in all former Parliaments from King Iohns reign to this present 2. All our Parliaments in King Charls his reign were exceedingly overseen and mistaken in contesting with him for these laws and liberties as fundamental and the last of them all in excusable before God and man for impeaching condemning and beheading Laud and Strafford as arch-traitors to the King and Kingdome and guilty of high treason * for endeavouring traiterously to subvert the fundamental laws and government of the kingdome c. And their frequent excitations of the people in their publike Declaration to defend our fundamentall laws and liberties with their lives and fortunes and arming them against their lawfull King and his adherents and putting the Nation to such a prodigall expence of treasure and Christian blood for so many years together for the maintenance of our Fundamentall Laws Liberties Government and Parliament Priviledges if there be no such laws and things or they so variable arbitrary and changable at every prevailing parties and new States Physitians pleasures 3. That our prudent Ancesters reputed not our Fundamentall laws such mutable and repealable toyes as this ignoramus and other Innovators deem them In the Parliament held at Merton An. 20. H. 3. cap. 9. All the Bishops instancing the Lords to give their consent to alter the ancient Law of the Realm but in this particular That all such as were born before marriage should be legitimate as well as those that be born within Matrimony as to the Succession of Inheritance for that the Church accepteth such to be legitimate Thereupon ALL THE LORDS and BARONS VVITH ONE VOYCE answered That they would not change the Laws of the Realm which hitherto have been used and approved From which Statutes Sr. Edward Cook in his Second Institutes printed by Order of the Commons House observes p. 97 98. That the Nobility yea G●ntry and People too of England have ever had the Laws of England in great estimation and reverence as their best birth-right and so have the Kings of England as the principall royalty and right belonging to their Crown and dignity which made that noble King Henry the first surnamed Beau-clerk to write thus to Pope Paschall Be it known to your Holinesse that whiles I live through Gods assistance the dignities laws and customs of our Realm of England shall not be violated or diminished And if I which God forbid should so greatly deject my self as to attempt it MY NOBLES and the whole PEOPLE of ENGLAND would by no means suffer it And it is worthy observation adds Cook How dangerous it is to change an ancient maxime of the common Law And it is a Note worthy of observation That whereas at the holding of this Parliament Anno 20 H. 3. and before and sometime after many of the Judges and Justices of this Realm were of the Clergy and all the great Officers of the Realm as Lord Chancellor Treasurer Privy Seal President c. were for the most part Clergy men yet even in those times the JUDGES of the REALM and let those stiled such remember it least they prove Iudasses to the Law and Realm and incur * Tresylians and his Complices doom for their treachery both of the Clergie and Laity did constantly maintain the Laws of England so as no encroachment was made upon them nor breach unto them by any forreigne power or upstart domestick Authority Yea so zealously resolute were our noble ancesters in the defence of our fundamentall Laws Liberties Royalties against all violations and alterations heretofore that in the * Parliament of Lincoln An. 28. E. all the Nobility of England by assent of the whole Commonalty writ and sent a most famous letter to Pope Boniface sealed with the Seals of Arms of 104. Earls and Barons whose names are recorded in Speeds history for their eternal honour and others imitation in such cases wherein they thus resolutely expresse themselves in their behalf Ad observationem defensionem libertatum consuetudinum Legum paternarum ex debito praestiti juramenti astringimur quae manutenebimus toto posse totisque viribus cum Dei auxilio Defendemus Nec etiam permittimus aut aliquatenus permittemus sicut nec possumus nec debemus praemissa tam insolita ●am indebita praejudicialia alias in audita surely the recited passages of this Pamphettere are as bad nay worse them those they mention Dominum nostrum Regem etiam si vellet facere seu quomodo
purchased or shall hereafter purchase other such Buls or being purchased shall take advantage of them in any manner that Processe shall be made against them by garnishment of two moneths by a writ of Pr●em●nire facias And if they shall make default or shall be attainted that they shall be put out of the Kings Protection and incurre the penalties and forfeitures comprised in the Statute of Provisions made the 13. year of K. Richard And moreover for to eschew many mischie●s likely to happen in times to come It is accorded That our Soveraign Lord the King shall send or write to our most holy Father the Pope for to Repeale and ●ull the said Buls purchased and to abst●in himself to make any such grant for time to come To which answer the Commons well agreed and that it should be made into a Statute VVhich was done accordingly as you may read in the Statutes at large 2 H. 4. c. 4. From which memorable Petition and Record as b our Anabaptists and others desiring exemption from Tithes may take notice that it is an Antichristian and Papal practise not to pay as they hold but to seek and prosecute an absolute exemption from the payment of any Tithes as other Subjects do especially by RELIGIOVS PERSONS condemned in this whole Parliament c both in the Pope and Cistertian Monks the first contrivers of it even in those times of grossest Popery as contrary to the expresse Laws and Customes of the Realm and prejudiciall to the King and all other Patrons and so execrable and prejudicious that they involve all prosecutors of such Bulls and Exemptions from payment of Tithes in no lesse penalty than a Praemunire So they were exceeding tender and zealous of Patrons Advowsons which they would not have impaired in the least degree by any exemptions from paying Tiths though by their most holy Father the Popes own speciall Bulls nor the Conusances of them any way drawn into the spiritual Courts against the Laws and Customes of the Realm and the Kings Regalities In which resolution both the King Lords and Commons even in these Popish times unanimously concurred Upon consideration of all which Premises and VVrits in behalf of Patrons Rights and Advowsons securing them against all violent and injurious usurpations and incroachments and likewise of the wisdome of our Laws Ancestors in making the Patrons always parties by way of d an de prayer to all Suits and Actions against the Incumbents wherein their Collusion or Lurches might turn any way to their or the Churches prejudice All rationall just righteous conscientious persons and encuragers of publick works of Piety and charity towards Gods Church or Ministers must needs unanimously conclude the late Vote of our New dishoused Legifers against all Patrons undisputable Just Legal Equitable Rights of Patronage and future Presentations to Parochiall Churches and other Ecclesiasticall Benefices without the least legal Processe Hearing Trial or Recompence or any pregnant satisfactory Reason rendered for it against all sacred Texts Common Civil Canon Laws Writs Records Prescriptions time out of mind and grounds of Justice equity conscience reason here produced for them to their perpetuall dishinteritance losse and discontent to be both extrauagant unrighteous illegal injurious to them in the highest degree if not destructive to our Churches Ministers Religion and dishonourable to our Nation for the Reasons first alledged And therefore fit to be nulled and buried in perpetuall Oblivion without the least execution of it to our Patrons prejudice Objection Now whereas some pretend the Right of Patronages and Presentation to Parish Churches to be injurious to Parishioners and very mischievous and therefore just and fitting to be abolished or taken from the Patrons and vested in the people Answer I answer that the Consideration of the true Originall of Advowsons and of our Parish Churches Rectories Glebes Tithes forementioned proceeding onely from the Patrons bounty not the Parishioners and the opinion of all the former ages till now have had of the Justice equity and necessity of countenancing and continuing this their Right of Patronage for the Churches Ministers and peoples benefit will disprove refell the first part of this Objection As for the mischiefs and incoveniences pretended to arise from Patronages and Advowsons they are but meere false surmises for the most part sufficiently presented by the Laws already made against Symony and corrupt Contracts and a vigilant care of Governors and Presbyteries to admit none but able godly orthodox persons into the Ministry capable of such cures whereas the placing of the Right of Patronages and Presentations in the Parishioners or people would be farre more prejudiciall and mischievous by causing factions and divisions in every Parish upon every vacancy about the choice of a new minister yea sundry suits and contests between them to the protracting of the vacancies prevented by our single Patronages in one person or two commonly of good quality and better able to judge and make choice of fitting Ministers than the people And more especially must needs prove mischievous upon this consideration that the generality of the Parishioners and people of most Parishes throughout England are so ignorant vicious irreligious injudicious prophane neglectfull of Gods publick Ordinances and enemies to all soul-searching soul-saving Ministers who would seriously reprove and withdraw them from their sinnes and evil courses that we may sooner find an hundred conscientious religious godly Patrons carefull to present protect and encourage such Ministers th●n one such Parish wherein the generality and swaying part of the people are so well affected and qualified as such Patrons And therefore this change and Translation of the future right of Presentation from the Patron to the Parishioners is a remedy farre worse than the pretended disease and an introduction of a certain greater mischief to prevent a petty inconvenience In few words the Designe of the Jesuiticall contrivers and Anabaptisticall promoters of this Vote and project is not to reform any reall mischiefs in Advowsons or our present Patrons but by Voting of them down utterly to subvert and destroy our Parochiall Churches Ministers Rectories Tithes Religion yea our Universities and Schools of learning by voting down Patronages first whereon they have d●pendance They all remember that antient project and policy of their Tutor Satan e and his old Factors Smite the Shepheards first and then the sheep will soon be scattered and devoured by these Wolves And the readiest way to smite all the Shepheards and Pastors of our Churches is first to smite and Vote down all their Patrons at one sudden unexpected blow without notice or hearing and then both our Shepherds and Sheep will soon be smitten scattered devoured by these f ravenous Wolves in sheeps cloathing whose clear professed owned designe is to subvert destroy our Parochiall Ministers Congregations Churches Rectories Glebes Tithes Revenues and Advowsons too under pretext they are Popish and Antichristian and make them a prey and
libet attemptare Praecipue cum promissa cederent manifeste in Exhaeredationem Iuris Coronae Regni Angliae Regiae Dignitatis ac subversionem Status ejusdem Regni notoriam Nec non in praejudicium libertatis consuetudinum legum paternarum All which Nobles were as zealous in defence maintenance of the Great Charter and other their Lawes and Liberties that very year and 25. Ed. 1. against the Kings encroachment by Taxes or otherwise as against the Popes which appears by n our Historians and the Statutes of 25. E. 1. c. 1. and 28 E. 3. c. 1. in both which they caused the great Charter of England and of the Forrest to be confirmed in all points AS THE COMMON LAVV OF THE LAND both by the Kings Great Seal and by new Acts of Parliament enacting that all Judgements given by the Justices or any other Ministers that hold plea before them against the points of this Charter shall be undone and holden for nought That this Charter shall be sent under the Kings Seal to all Cathedrall Churches throughout the Realm there to remain and that it shall be read before the people twice a year That all Archbishops and Bishops shall pronounce Sentence of Excommunication twice a year against all those that BY VVORD DEED OR COUNSELL DOE CONTRARY TO THE FORESAID CHARTERS or that IN ANY POINT BREAK OR UNDO THEM who accordingly by a solemn form of Excommunication did Exommunicate and accurse all those that in any point did resist or break these Charters and Ordinances or IN ANY MANNER HEREAFTER procure counsell or any way assent to resist or break them or go about it BY VVORD OR DEED OPENLY OR PRIVILY BY ANY MANNER OF PRETEENCE OR COLOUR and sequester and exclude them from the Body of our Lord Jesus Christ and from all the company of heaven and from all the Sacraments of Holy Church Enacting further that the Great Charters of the Liberties of England should be delivered to every Sheriffe of England under the Kings Seal to be read four times in the year before the people in the full County and firmly observed in every point And that there should be chosen in every shire Court by the Commonalty of the same shire three substantiall Knights or other lawfull wise and well disposed persons to be assigned Justices under the Kings Great Seal to hear and determine without any VVrit but onely their Commission Such plaints as shall be made against all those that commit or offend against any point contained in the said Charters in the Shires where they be assigned as well within Franchises as without and to hear the plaints from day to day without any delay or delayes which be at the Common Law and to punish all such as shall be attainted of any Trespasse contrary to any point of the aforesaid Charters where remedy was not before at the Common Law by Imprisonment Fine or Ame●ciament according to the Trespasse Yea the Parliament of 42 E. 3. c. 1. held these great Charters such unalterable Fundamentall Laws and Priviledges that it not onely enacts they shall be holden and kept in all points but further IF ANY STATUTE BE MADE TO THE CONTRARY IT SHALL BE HOLDEN FOR NONE VVhich Law continues yet unrepealed Yea the whole House of Lords Commons the last Parliament were so zealous for the observation and perpetuation of Magna Charta the Petition of Right as unalterable Fundamentall Laws not to be repealed neglected altered violated upon any pr●tence being so just and absolutely necessary for the peoples Liberty and safety the Supreme Law that in their o Remonstrance to the late King 15. Decemb. 1641. in their Propositions sent to him afterwards 2 June 1642 ●hey earnestly pressed the King that for the better preservation of the Laws and peoples Rights and Liberties ●rom Invasion and u●urpation on them All Counselleu●s and publick Officers of State Judges Justices and Sheriffes should be * specially sworn to the due Observation and Execution of the great Charter the Petition of Right and all other Laws that concern the Subjects in their Rights and Liberties and that the Judges and Justices should be carefull and particularly Sworn to give these Laws in Charge to the Grand jury at every Assises Sessions and likewise every Term in the Kings Bench and to make diligent enquiry of the breaches of them in any kinde to be presented and punished according to Law as the onely means to make and preserve us a free and happy People It seems a strange miracle therefore unto me that any person should be so impudently presumptuous as to deny these Laws or any other to be Fundamentall to hold them alterable and repealable in part or in whole at any prevailing Factions arbitrary pleasure and to publish it by Authority after so many bloody costly old and new contests for their Defence and Perpetuity when as all expected rather such Oathes and wayes as these forecited for their future establishment And so much the rather because the late New-nodellers of our State and the greatest swaying Grandees amongst us in their printed Declaration 17 March 1648. Expressing the grounds of their late Proceedings against the King and of setling the present Government in the way of a Free State without King or House of Lords have given this high Encomium of our Laws and Engagement for their inviolable continuance p. 23 24 25. That they are GOOD and EXCELLENT LAWS enjoyed by our Ancesters long before the Conquest and have ever since continued in all former Changes without abrogation as the badges of our Freedom That our Ancesters spent much of their blood to have them confirmed by the great Charter of our Liberties and being duly executed are the most just free and equall of any other Laws in the world That the Liberty Property and Peace of the Subject are most fully preserved by them That they known their own particular Interests and that they most intended the common Interest of those they served was not possible to be preserved without these Laws which if they should be taken away all industry must cease All Misery Bloud and Confusion would follow and greater Calamities if possible then any faln upon us by the late Kings misgovernment would certainly involve all persons under which they must inevitably perish Whereupon they thus conclude These arguments are sufficient to PERSWADE ALL MEN but not this Pamphleter p Culpeper Lilly with other Jesuiticall and Anabaptisticall Furies against our Lawes to be CONTENTED TO SUBMIT THEIR LIVES and FORTUNES TO THESE JUST and LONG APPROVED RULES OF LAW with which they are already so fully acquainted and NOT TO BELIEVE THAT THE PARLIAMENT so they stile themselves INTENDS THE ABROGATION OF THEM BUT TO CONTINUE AND MAINTAIN THE LAWES OF THE NATION especially THAT MOST EXCELLENT LAVV OF THE PETITION OF RIGHT The violation of which they there charge against the King as one principle crime for