Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	king_n	law_n	peer_n	3,558	5	10.1638	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

which they proceeded capitally against him and abolished Kingly Government as not governing the people in righteousnesse ACCORDING TO THE LAVVES but imprisoning them and imposing Taxes and Impositions on them contrary to Law without full and free consent by Act of Parliament and taking away the Subjects lives by Martiall Law without Lawfull Triall by their Peers and Juries All which things had Canne considered he would have blushed to have published such Treasonable Passages against our Fundamentall Lawes and Liberties which he understands not VVhose Excellency Utility and Necessity are so largely set forth of old by Bracton Britton Glanvil Horn Fortescue de Laudibus Legum Angliae Sir Thomas Smith in his Common-VVealth St. Germin Sir John Davis in his Irish Reports Preface and Sir Edward Cook in his Reports and Institutes that I need not adde thereunto any Panegyrick in their behalf 4. It is recorded by * Roger H●veden and others That when William the Conquerer as we stile them in the 4. year of his raign by the Councel of his Barons caused all the ancient Laws and customs of the Realm formerly used to be presented to him upon Oath by an Inquest of twelve of the Noblest ablest and learnedest men in the laws summoned out of every County without any addition diminution alteration or prevarication upon perusall of them he commanded the Law of the Danes in case of Amerciaments and forfeitures used in Norfolk Suffolk and Cambridgeshire differing in some circumstances from that of the Saxons used in other Counties to be used throughout the Realm because it was the Law of the Norwegians from whom he and his Normans were descended But so zealous were our Ancestors in that age even under the pretended Forreign Conquerour for their ancient setled known just and honest laws that they would not permit the least alteration in them upon any terms and never ceased importuning the King till he condescended to ratifie and establish their ancient Laws so long enjoyed without any alteration which * Hoveden thus expresseth Quo audito mox universi Compatriotae qui Leges edixerant tristes effecti UNANIMITER DEPRECATI SUNT quatenus permitteret Leges sibi proprias consuetudines antiquas habere In quibus vixerunt Patres ipsi in eis nati nutriti sunt Quia durum valde sibi foret suscipere leges ignotas judicare de eis quas nesciebant Rege verò ad flectendam ingrato existente tandem eum Prosecuti sunt deprecantes quatenus pro anima REGIS EDWARDI qui ei post diem suum concesserat Coronam Regnum CUJUS ERANT LEGES nec aliorum extraneorum COGERET QUAM SUB LEGIBUS PERSEVERARE PATR●S Unde consilio habito Precatui Baronum tandem acquievit Ex illa vero die visa autoritate veneratae Peruniversam angliam Corroboratae observatae sunt prae caeteris patriae legibus LEGES EDWARDI REGIS quae prius inventae constitutae erant in tempore EADGARI avisui Confirmata verò vocata est LEX EDWARDI REGIS Non quia ipse invenisset eam primus sed cum praeter missa fuisset oblivioni penitus data à diebus avisui EADGARI qui prius inventor ejus esse dicitur usque ad sua tempora EDWARDUS quia justa honesta erat à profunda abysso abstraxit eam revocavit ut suam observandam tradidit For the inviolable observation of which ancient laws our ancesters ever since this King William's reign till now have obliged all our Kings by a speciall clause in their Coronation Oathes * To confirm by Oath grant and keep to the People of England the Laws and customs granted to the Commons of England by ancient just and devout Kings to God praesertim c. And specially the Laws and customs and liberties granted to the Clergy and People by this glorious King Edward Whose eight very first laws confirmed by the Conqueror are for the inviolable preservation of the Goods Possessions Lands Globes Rights Priviledges Peace Fabricks Tithes of the Church Ministers Scholers and Parochial Church assemblies which some now make their Master-piece eternally to repeal subvert plunder after all our late wars Protestations Declarations Vows Covenants for the inviolable preservation of them and of our ancient fundamentall Laws customs liberties which this Pampheter so slights and other upstart Legifers without the peoples full and free consent in Parliament endeavour to alter and new modle at their pleasures quojure or qua injuri● let Straffords and Canterbu●ies late Impeachments * Judgments with Mr. St. Johns Argument and Mr. Browns at their Impeachments resolve since none of our Kings durst attempt so great a change in any age nor yet this Norman Conqueror as we stile him Yea our great King Henry the 4. though he came to the Crown by the sword in nature of a Conquerour And the Lords and Commons in his first Parliament granted him as great and large Royal libertie and Prerogatives as any of his Royal Predecessors before him had yet in that very Parliament Rot. Parl. n. 8. and Plac. Coronoe in Parliamento 1. H. 4. n. 17. he declared and granted out of his Royall Grace and tender Conscience in full Parliament that it was not his intent nor will to alter the Laws Statutes nor good Customs of the Realm nor to take other advantage of them but to do RIGHT to all people in mercy and truth according to his Oath The Realm being formerly in danger to be undone for want of good Government and by Repealing and breaking the Laws and Customes of the Realm by King Richard the second And that it was his will that none should imagine that by way of Conquest he would disinherit any one of his Heritage Franchise or other right which he ought to have nor deprive or out any man of that he had or ought to have by the good laws and customs of the Realm three Traytors lands there specified onely excepted being guilty of all the evill which had happened to the Realm A President worthy all other pretended Kings Conquerours and Grandees imitation in this or succeeding ages 5. I shall close up all with the expresse resolution of the wise and most judicious whole Parliament of England more to be credited than this Pamphleter In this notable Passage of the Printed Statute of 1. Jacobi c. 2. wherein they declare we have both Fundamentall Lawes Liberties and Customes and what sad consequences will ensue upon this Scriblers Doctrine and Practise for their alteration which I beseech all reall Politicians wise Statesmen Lawyers and Lovers of their Countries Weal Safety Settlement seriously to ponder Whereas His most Excellent Majesty hath been pleased OUT OF HIS GREAT VVISDOME and JUDGEMENT not onely to represent unto us c. but also hath vouchsafed to expresse unto us many wayes how far it is AND EVER SHALL BE from his ROYALL SYNCERE CARE and Affection to

Bishops in their Bishopricks whereof they were Founders only per Annulum Baculum but of all Lay Patrons Investitures of their Clerks to any Benefices or other Ecclesiastical Promotions were by Degrees totally abolished and they enforced to present all their Clerks to the Bishops not only for their approbation but also Institution and Induction without which there could be no Plavarly and the Incumbents were uncapable to sue for any Tithes or receive any profits of their livings when as at first they received full possession of their Rectories Glebes Tithes Churches from the Patrons hands alone without the Bishops concurrence who left only the right of Presentation and Advowson in the Patrons hands out of which they could not extort it by their Canons as some of them oft endeavoured But the Popes and Prelates Iurisdiction and Canons depriving Patrons of their antient Right of Investitures being now exploded and abolished it is both reasonable just and equitable that this their Right should now be fully restored revived and they freely permitted to give full possession to their Clerks of the Churches Rectories Glebes Tithes and Profits whereof they have the Patronages by giving them Livery and Se●sin of them by the Ring of the Church-door or delivering them the Keys of the Church or Rectory without any further Ceremony or other institution or induction by any other strangers hands The Right of all Patrons and Presentations to Churches at this day is either by Inheritance and Descent from the Originall Founders and Endowers of them or by original grant and purchase from them upon valuable Considerations Both which Tithes as they f are legal just reasonable equitable by the Common Statute and Canon Laws of our Nation So are they likewise by the Law of God which both approves ratifies Rights and Titles by purchase from lawful owners Gen. 17. 13. 23 27. ch. 23. 8. to 19. chap. 33. 19. chap. 47. 10. 22 23. chap. 49 30. chap. 50. 13. Exod. 12. 44. Levit. 25. 28. to 52. Josh 24. 32. Ruth 4. 4. to 13. 2 Sam 12. 3. chap. 24. 20. to 26. 1 Kings 16. 24. Jer 32. 7. to 13. 43 44. Matth. 13. 44 46. chap. 27. 7. Luke 14. 18. 1 Cor. 7. 30. James 4. 13. Prov. 31. 16. Rev. 3. 18. chap 13. 17. it being the very Title of Christ to his Church and Saints which he hath bought and purchased with his own blood Acts 20 28. 1. Pet. 1. 18 19 1 Cor. 6. 20. chap. 7. 23. 2. Pet. 2. 1. and likewise Rights and Titles by Inheritance Heirship or Descent Deut. 21. 15 16 17. Num. 27. 1. to 12. chap. 36. 1. to 13. Josh. 17. 3 to 7. 2 Sam. 7. 12. to 18. 1 Kings 21. 2 3 4. 2 Chron. 33. 3. 1 Chron. 28. 8. Ezra 9. 12. Prov. 13. 22. Jer. 32. 8. Ezech. 33. 24. chap. 46. 16 17 18. Matth. 2. 2. chap. 21. 38. Mark 12. 7. Luke 12. 13. This Right of Patrons being then thus warranted established by all Laws of God and men cannot be justly lost forfeited or taken from them especially without Sommons Suit hearing or Legall triall without the highest Injustice having continued sacred and inviolable hitherto in all ages a●d publick revolutions unlesse it be through the Patrons own forfeitures or defaults and that either totally or finally or pro hac vice for one avoidance onely in such cases as our Law allows of as namely 1. In case of g Legal Attainders for Treason or Felony for which the Inheritance of Advowsons Appendant or in Grosse are forfeited to the Crown or Lord by Escheat as well as other Inheritances 2. In case of h usurpation upon a Purchaser of an Advowson and six Moneths plenarly without any action or Quare Impedit brought by him against the Usurper in which case the Inheritance of Advowson is utterly lost by the Conrmon Law And the Purchaser or his Heir and Successor left remedilesse through their own neglect and defect of a legal Writ since a Purchaser who never presented cannot have a Writ of Right nor Darrein Presentment nor yet a Quare Impedit after six moneths elapsed and a plenarly by usurpation 3. In case of Recusancy i Popish Patrons during their Recusan●y onely being disabled to present or grant any avoidance of any Churches or Ecclesiasticall Livings after conviction and their right of Presentation granted to the Vniversities of Oxford and Cambridge by the Statute of 3. Jac. chap. 5. 4. In case of k Symony which forfeits and voids the Presentation Institution and Induction for that term onely and transferres them to the Crown by the Statute of 31. Eliz. chap. 6. and likewise forfeits the double of one years profits of every Benefice presented by Symony to the King which the corrupt Patron is to pay 5. In the case of Outlawry which forfeits Patrons actuall avoydances before or during the Outlawry to the Crown as some l Law-books resolve 6. In cases of negligence when and where the Patrons neglect to present a sufficient Clerk to the Church within six moneths space after the avoidances by the Incumbents death without notice or within six moneths after notice given by the Ordinary in cases of resignation or deprivation After which time the Ordinary by Law may present by Lays to supply the Church through the Patrons defect ●●d so deprive him of that Presentation onely but not of the next avoidance and that by the Common as well as m Canon Law 7. Our Kings and Princes of late times when they made any Incumbent a Bishop used by colour of their Prerogative to present to the Incumbents Living void by this Translation and so deprive the Patron of his right for this time onely which upon consideration of all n our Law-books and the arguments pr● contra I alwayes conceived to be a late injurious usurpation upon the Patrons Right and no true nor ancient Prerogative setled in the Crown As for the Kings and other Guardians in Chivalry usuall Presentations to the Churches of their Wards during their Wardship and Minority It was no prejudice to their Wards being in affirmance of their Right and a Priviledge given them by our Laws during the Wards Minority and want of discretion to make choice of able Incumbents to supply the cure In all other cases but these our o Parliament and Laws took speciall care for the security and inviolable preservation of all Patrons Advowsons and Right in Churches by providing sundry Writs and Remedies against all Usurpations Injuries Prejudices by Ordinaries Usurpers Incumbents or other persons a Catalogue whereof I shall here subjoyn The first is a p Writ De RECTO DE ADVOCATIONE or DROIT de Advowson as our Statutes and Law-books phrase it in English A Writ of RIGHT OF ADVOWSON This was a Writ originall at the Common Law triable by Duel or the grand Assize which every Patron of Inheritance was enforced to sue where any stranger who had

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

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

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 Vsurpations 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 Lam. 3. 35 36. To turn aside the RIGHT of a man before the face of a Superiour to subvert a man in his CAVSE the Lord delighteth not Job 34. 17. 30. Shall even he that hateth RIGHT Govern c. Whether it be done against a Nation or man onely that the hypocrite reign not lest the people be ensnared Mich. 2. 1 2 3 4 5. Wo to them that devise iniquity and work evil upon their beds when the morning is ligh they practise it because it is IN THE POWER OF THEIR HAND And they covet fields and take them BY VIOLENCE and Houses and take them away So they oppresse or defraud a man and his House even a man and HIS HERITAGE Therefore thus saith the Lord Be old against this family do I devise an evil from which ye shall not remove your necks neither shall ye go haughtily for this time is evil c. London Printed for Edward Thomas and are to be sold by him dwelling in Green Arbour 1654. To the Unprejudiced READER Courteous Reader PReventing Physick being ever held more safe then removing I presume this Jus Patronatus and Brief Plea for Patrons of our Churches Rights though it come forth some * months after the sodain unexpected Votes against them without hearing or summons will neither seem unseasonable nor unnecessary seeing it may prove a Special Antidote and Demurrer to its future execution or revival to the prejudice of our Church Ministers Religion Nation in general and disinheriting all Patrons of their Antient Just and Legal Inheritances and Advowsons in particular I conceive the Power Animosity Activity Hopes of the Jesuitical and Anabaptistical Contrivers Prosecutors of that grand Design and Vote are not yet so inconsiderable despicable dead or languishing in these times of sodain great Revolutions Changes of our Government and Governors three of which we have unexpectedly seen and admired at within the space of ten whole months but that they still expect during this running wheel of our fluctuating State Church affaires a those spokes in few months time may possibly be uppermost which now are low or lowest and those who now are highest securest as low as the very dust Peruse but these sac e l Texts Dan. 4. 29. to 34. Dan. 5. throughout specially v. 30 31. Judges 1. 4. to 8. Exod. 14. and 15. 2 Kings 7. 7 8 9. 10. c. 19. 35 36. Prov. 24. 21 22. c. 29. 1. Psal. 90. 5 6 7. 2 Sam. c. 15. and 16. and 18. and 19. Esther c. 5. to 10. Psal. 73. 18 19. Job 20. 4 5. c. Psal. 37. Psal. 92. 6 7. Job 1. and 2. and 42. Mich. 7. 8. 9. Isay 10. and 13. With other Texts and consider the sodain great changes Revolutions recorded in them both in relation to Kings Kingdomes Nations Armies Grandees Rulers good and bad Saints and Sinners Jews and Gentiles and then the Highest and most Secure who know not what one day may bring forth Prov. 27. 1. Jam. 4. 13. c. may yet justly fear expect changes in our Church State and prepare to prevent all Plots and Designs for the ruine of both long since layd by Thomas Campanella De Monarchia Hispaniae c. 25. 27. c. the Jesuit Parsons discovered by Watson in his Quodlibets Carddinal Richelieu and others since vigorously prosecuted by our forraign Common Popish Adversaries and their Agents under a pretext of friendship and other specious ends to effect our a Desolation in conclusion The chief Particulars whereof in respect to our Religion are c To put all Churches Colledges Lands Rectories Tithes Revenues into Feoffees hands to allow only arbitrary Pensions out of them to Ministers and Schollers for their maintenance and convert the rest to other uses To erect Itinerary Predicants fixed to no certain places instead of Parochial Ministers allowed and chosen only by a select Committee not presented by our Patrons To broach old Heresies and new Opinions in Religion by Jesuitical Emissaries and Seminaries in all places To sow the seeds of Schisms and Divisions not only in Divinity but likewise in Philosophy and all other Arts and Sciences to distract and divide us To promote and cry up the study of Astrology to alienate mens minds from Religion and Piety To set up new Orders Sects Religions and procure a general toleration of all Religions To revile and disgrace our antient Ministry Ministers question all antient Truths Principles of Religion and Articles of the Creed which Joannis Baptista Poza and some other English and Spanish Jesuites have done as you may read at large in Societatis Jesu NOVUM FIDEI SYMBOLUM and in Impia scelerata horrenda ANGLICORUM HISPANICORUM JESUITARUM CENSURA IN SYMBOLUM APOSTOLORUM printed 1641. at the end of Alphonsi de Vargas Toletani Relatio ad Reges Principes Christianos De Stratagematis Sophismatis Societatis Jesu ad Monarchiam orbis terrarum sibi conficiendam out of which all the late Blasphemous Monstrous Opinions and Heresies broached amongst us have been originally extracted and vented by the Jesuites under other Disguises as those who compare them may at first discover What their Designs have been to change and ruine our Monarchy Kingdomes Government Lawes State you may read at large in Thomas Companelle De Monarchia Hisp. c. 25. 27. Watsons Q●odlibets specially p. 309. to 334. Romes Master-piece Hidden works of Darknesse brought to publique Light and my Speech in Parliament Take the main of all in the Politique Instructions of that Arch-Machiavilian Cardinal Richeleiu who after d he had by the Jesuites and Popes Nuncioes assistance raised the first Wars between England and Scotland e promoted foment●d the horrid Rebellion in Ireland and raised an unnatural Division and Warre between our King and Parliment in his life recommended these Instructions to the French King and Mazerin his successor at his death An. 1642. since published to the World by a noble Italian Earl Conti de Galeazzo Gualdo Priorato in his Historia part 3. printed at Venice in quarto Anno 1648. in Italian and dedicated to the King of Poland p. 175.

Clerk in nostri ac Mandati Nostri praedicti contemptum Executionis Judicii praedicti retardationem ipsius A DAMNUM NON MODICUM ET GRAVAMEN If the Bishop shew good cause he shall be excused or else fired for his contempt dammage prejudice to the Patron The Eight is the Writ of * quare Incumbravit directed to the Bishop summoning him to appear before the Kings Justices in case when he incumbers and fils the Church pending any suit in the Kings Court by a Writ of Assise Right or quare Impedit contrary to the Writ of Ne admittas directed to him by means whereof the true Patrons Clerk when he recovers cannot be admitted freely thereunto in ipsius DAMNUM NON MODICUM ET GRAVAMEN CONTRA LEGEM CONSUETUDINEM REGNI NOSTRI For which if he can shew no good cause he shall be fined and the incumbrance removed The Nineth is * a Writ of Prohibition to the Bishop prohibiting him to hold Plea in Court Christian DE ADVOCATIONE Ecclesiae de N. vel Medietatis vel Tertiae partis vel quatiae partis Ecclesiae de N. unde G. queritur quod R. Episcopus Sarum trahit eos in placitum coram vobis in Curia Christianitatis quia placita DE ADVOCATIONIBUS ECCLESIARUM Spectant ad Coronam Dignitatem nostram And if the Bishop proceed in this Plea to the Patrons or Kings prejudice an Attachment shall issue out against him and he shall be imprisoned and fined for this contempt and his temporalities seised The Tenth is a Writ of * Judicavit where two Incumbents of two neighbour Churches presented by several Patrons implead one another in the Bishops Court for Tithes as belonging to their Churches amounting to the moity third or fourth part of the Tithes or any lesser part before Articuli Cleri c. 2. then either of the Patrons might sue a Writ of Judicavit out of the Kings Court to the Bishop to prohibit and stay the suit in the Bishops Court till the right of Tithes were determined in the Kings Court because else the Patron as the Writ suggests jacturam Advocationis suae incurreret si praedictus C. in causa illa obtineret For the Advowson would be so much the worse as the value of the Tithes formerly belonging thereto and recovered from his Incumbent in the Bishops Court amounted unto This Writ discovers how carefull our Kings Common Laws were to preserve the right of Patrons from the least prejudice or diminution by their own Incumbents or any others The Eleventh is the Writ Ad Iura Regia which lyes where the King is Patron or hath right to present or others interrupt or disturbe his right of Presentation or Incumbent when presented before or after Iudgement given for him in any Spirituall Court by appeal c. or Buls from Rome to the dishonour and prejudice of the King and the rights of his Crown In which case the parties for their contempt shall be attached committed to prison and exemplarily punished as appears by the Register of Writs f. 61 62 63 64. to which I remit the Reader The Twelfth is a Praemunire in cases when any shall procure or execute any Exemptions or Buls from the Pope as the Cistertians did to be exempted from payment of Tithes to the prejudice of the Patrons in their Advowsons as well as of the Incumbents A severe penalty inflicted on them by the Statute of 2 H. 4. c. 4. which Statute as Printed because it mentions nothing at all relating to Patrons I shall therefore transcribe the Petition in Parliament and the Act made thereupon verbatim out of the Parliament Roll it self which is most punctual full and considerable ●et unknown to most Lawyers as well as Patrons whom it concerns 2 H. 4. Rot. Parl. num 41. Item a Petition was delivered in Parliament touching the Ordering of Cistertians or Cisteux the which by the Kings commandement was sent to the Commons for to be advised of and deliver their advice thereon of which Petition the words here ensue May it please Our most Gracious Lord the King to consider that whereas time out of memory the Religious men of the Order of Cisteux of your Realm of England have paid all manner of Tithes of their Lands Tenements and Possessions let to Farm or manured and occupied by other persons than themselves and likewise of all manner of things titheable being and kept upon the said Lands Tenements and Possessions as fully and intirely and in the same manner as the other Leiges or Subjects of your said Realm Yet so it is that now of late the said Religious have purchased a Bull of our most holy Father the Pope by the which our said most holy Father hath granted to the said Religious and others your Leiges That they shall pay no tithes of their Lands Meadows Tenements Possessions Woods Beasts or any other things albeit they are or shall be leased or farmed out any title of prescription or right acquired or which may hereafter be acquired to the contrary notwithstanding The which pursuit and grant are apparently against the Laws and customs of your Realm by reason that diverse Compositions reall and Indenture are made between many of the said Religious and other your Leiges of the prise of such Tithes also because that in divers Parishes the Tithes demanded by the said Religious by colour of the said Bull exceed the fourth part of the value of the said Benefices within whose limits and bounds they are and so if the said Bull shall be executed as well you our most doubted Lord as your Leiges PATRONS OF THE SAID BENEFICES SHAL LOSE YOUR ADVOWSONS OF THE SAID BENEFICES IN GREAT PART and the Conusance of them which in this behalf appertaineth and in all times hath belonged to your Regality shal be discussed in Court Christian against the said Laws and Customs and to avoid the great trouble and commotion which may arise amongst your people by notion and execution of such novelties within your Realm May it therefore please your Majesty by assent of the Lords and Commons assembled in this present Parliament to ordain that if the said Religious or any other put or shall put the said Bull in execution in any manner that then he or those who put or shall put this Bull in execution shal be put out of your Protection by Processe duly made in this behalf and their goods forfeited to you lost and that as a work of charity Which Petition being read and considered was answered in these words following It is accorded by the King and Lords in Parliament that the Order of Cisteux shall stand in the state it was before the time of the Buls purchased comprised in this Petition and that as well those of the said Order as all others Religious and Seculars of what estate or condition soever they shall be who shall put the said Buls in execution or heretofore have

667 678 684 693 694 702 704 707 708 710 713 714 751 752 753 721. divers presidents of this kinde a See the excellent prologue of the Statute of 25 H. 8. c. 22. b See the excellent prologue of the Statute of 25 H. 8. c. 22. c Watson● Quodlibets p. 92. 93. 144 385. Williā Clark his reply to Persons Lible f. 74. 75. Campanella De Monarchia Hispaniae c. 18. 19. 23. 25. 27. d See Romes Masterpiece p. 19. Exact Collection pa. 206. e Hidden W●rks of Darkness p. 204. to 217. 130. 131. 138. 232. 233. 234. f That this was punctually pursued by the French King Car. Mazerin appears by the Lord Digby's Cabinet printed in the Collection of Ordina●ces of Parliament p. 849. 858. 862. 863 867. 868. g See a new Discovery of the Prelates Tyranny whom others since have equalled h Mat. 5. 12. Luke 6. 35. 2 Cor. 4. 16 17. i Prov. 16. 12. c. 14. 34. c. 25. 5. c. 29. 4. Psal. 72. 1 2 3 4. Psal. 85. 16. Heb. 7. 2. Job 34. 17. 2 Kings 20. 19. Isay 32. 17. Zech. 8. 16. 19. Lu. 2. 14. a Iohn Cann● his second voyce from 〈◊〉 Temple to the higher Powers p●ge 2. 4 5. to 10 b J●hn Canne Ibid. and page 28 29. * Dav●d Isay Jeremy were of another minde Psal. 74. and 79. I●ay 64. 11 12 Je● 52. 13. c. Lam. 〈◊〉 7. Hag. 1 4. c 2 Thes. 2 ● d Canne Ibid. p. 1. 2. 10. to 25. * See Jubileum ●●ve sp●cul●m 〈◊〉 pr●nted 1643. my ●●dden w●●ks of d●●kness c. * 2● ● 6 7 8. Brook 〈…〉 78 24 E 3. 72. 7 ● 4. 11 12 Brook 〈◊〉 9 19. 9 E. 3. 26. No. N●● Bre● 33. Cook● 1. I●st f. 13. b. Reg●st t. 218. See Tottles M●gna Char f. 16● E●act Collect p. 268 290 29. 706. ●● 716. e See 〈…〉 Sa●●ishurien●● De N●wgis C●r l. 6 c. ●0 13. 〈…〉 Ep. 94 Car●lus M●nenius Delicia 〈◊〉 p. 8. c. G●ldastu● constit Tom. 3. p. 400 Pon●●●i Romanum De Bened●ctione nov● M●l●●is O●●m Mag. H●st sep. l. 14● c. 6. Mr S●l●●ns Titles of Ho Edit. ult. p 443. 446. to 45● 458. 546. 548. 579 780 781 782. f See Mr Seldens Titles Honour par● 1 ch. 5. sect 4. g Peter M●th. Constit Pontif. f. 2●7 Adam Co●tzen de Rep●b ● 7. c. 6. 〈◊〉 2. Mr. ●●ldens ●ities of Honour part 1. ch. 5. 〈◊〉 4. p 48. Ca●cel●● 〈◊〉 p. 46. h See Cooks 2 Institute thereon TO THE DONOR i Cooks 2 Inst. pa. 33● 1 Inst●●● 22. Sect. 19. k 7. E. 1 11. 12. l See Brook Fitzh●vb●rt Ash Natu●a Br●vium Ti● Juris u●rum Ducit Pars●●and Patro● Contra Formam Collatio 〈◊〉 ●n nuity Lit●letan sect 644. 645. 644. b●ok 1. Instit. f. 341. 342. See Mr Seldens H●story of Tithes c. 11 12. n Acts 2. 3. 4. 5. c. 8. 5. 8. c. 13. 44. c. 15. 21. c. 16. 13 14. c. 17. 6 c. c. 18. 1 to 24 ● 20. 23. See Math. 10. 23. c. 11. 1. Rev. 2 3. o Eusebius Socrates Scholasticus Theodoret Nicephorus Casseadorus Beda and others p See Concil. Antioch c. 103 104. Syn. Rom. c. 5. Walafridus Strabo de Reb. Eccles. c 17. Gratian Causa 12. qu. 2. c. 26. c. Mr. Seldens History of Tithes c. 6. sect. 3. c. 9. 11. q Eusebius Eutropius the Imperial History Zona●us in vita Constanni Spelman Con●l p. 37 to 47 c. Beda Eccles Hist. l. 1. Math. Westm. An. 3●2 to An. 341. Mr. Scldens History of Tithes c. 6. sect. 3. ● 〈◊〉 9. 11. 12. r See Mr. Seldens History of Tithes ch. 9. 10. 12. ſ Summa Angelica Tit. Jus Patronatus Sect. 5. ex Innocentio t See Mr. Selden c. 6. 9 11. 12. Rebessus de Beneficiis Cook Institutes f. 17. b. 119. b. Panormitan in 18. qu. 2. Summa Angelica et Ros●lla Tit. Jus Patronatus 38. Ass 22. 6. H. 7. 14. Westm. 2. c. 5. 24. E. 3. 72. 3 Jac. c. 5. v Westm. 2. c. 5. 7. E. 3. 4. 45. E. 3. 5. B●●tton c. 92. Cook 1. Insti● f. 17. b. 119. b. Seldens History of Tithes ch. 6. p. 85 86. R●bussus de Beneficiis Summa Angelica Rosella Tit. Jus Patronatus * See Brook Fitzh. Tit. Ayde Ayde le Roy x Anonym in vita S. ●d●●rici c. 7. Mr. S●ld●as His●●●● of Tithes c. 6. p 86 y 24 ● 3. 72. Cook 1 Instit. s 344. A Godw●●s Catalogue of ●●s●ops Antiqu Eccl●si● B●t 6 H. 8. c. 14 31. H. 8. c. 9. 1 E. 6. c. 8. 8. Eliz. c. 1. Register of 〈◊〉 f. 29. 165. 290. 291. 31. 34. 40. 41. 43. 47. 280. 303. 304. 19 to 64. 〈◊〉 rb●rs N●●ura Brevium B●●d●m Titl● Qu●●e 〈◊〉 S. A●s 29 8 E. 3. 64. 13. As● 2. 11 ● 4. 12. 84. 27 E. 3. 84. 6. ● 7. 14. 〈…〉 42. 50. 5 H. 5. c. 1 25 H. 8. 21. 43 E●● c. 4. 2 H. 7. 14. 3. Jac. c. 5. z 13 E. 3. Fitz. Quare Imp. 58 117. 59. 43 E. 3. 35. 21 E. 3. 38. 45 E. 3. 12. Fi●zh ●beri Brook Prisentm al Esglis● Q●are impedi● Ash Title Advowson Append Quare Impedit Cook 1 Instit. f. 121 122. 307. 9 ● 3. 4. 38. 33 H. 6. 12. 35 H. 6. 52. 46 E. 3. 19. 14 H. 6. 15. a Fl●ta l. 2. c. 65. Britton f. 135. 5 H. 7. 37 33 E. 3. Gar. 122. 32 H. 6. 21. Cook Instit. f. 374. 6. b Antonii Corsiti Repertorium Thomas Zerula Praxis Episcopalis Tit. Jus Patro●atus Rebussus de Beneficiis c Cook 2 In. stit 357. d S●ldens History of Tithes ch. 6. s●ct 2. c. 9. sect. 4. e Petrus D●mian l. 1 Epist. 13. ad Alex. 2. f See Fitzherbert Statham Br●●k Ash Title Presentation a● Esglise Quare Impedit Grant Advowson Droit West 2. c. 5. and Cooks 2 Institutes p. 356 357 c 3 Jac. c. 5. g Rastals Abridgement Fitzherbert Brook Tit. For●eiture Escheat Treason h West 2. c. 5. Cook 2. Instit. p. 358. and the Law books there cited 35. H. 6. 54. H. 60. 64. i Cook 10. Rep. s 55. c. k Cook 1. Instit. f. 120. a. See Hostiensis Summa Angeca Rosella Thomas zerula Tit. Simonia l 9. H. 6. 57. Brook Forfeiture 73. 104. m Sūma Angelica Tit. Jus Patronatus sect. 16 n See Cook 2 I●st●t p● 358 4. Inst. p. 356 357. and the Law books there cited Brook Presentation al Esglise 3. 14. 48 50. 61. 17. E. 3. 40. a. o Mag. Charta c. 13 52 H. 3. c. 12 13. E. 1. c. 5. p Westm. 2. c. 5. Glanvil l. 6. c. 17. l. 13. c. 20 21. Bract. l. 4. f. 246 247. Brit. c. 94. Fleta l. 5. c. 12. to 17. Register f. 29. b. Fitzh. Bruf 125. Statham Brook Fitzherbert Abridgement Natura Brevium Ash Title Droit Droit de R●cto Cook 2. Instit. p. 336. to 365. and the books