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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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176. Che Sopra c. That above All Other Things HE the French King should endeavour to keep the Government of GREAT BRITAIN DIVIDED and DISUNITED f by upholding the weakest party that the other might not make it selfe over powerful Reducing the three Kingdomes of ENGLAND SCOTLAND and IRELAND TO BE DIVIDED either BY NOMINATING OTHER KINGS or BY REDUCING IT TO A COMMON●WEALTH yet with this Caution that WHEN IT IS REDUCED TO A COMMON-WEALTH so to order it THAT IT MAY NOT BE ENTIRELY ONE BUT DIVIDED For Republiques ever enemies to potent Neighbours ought to be suspected by the State of France How successfully these Plots have been pursued we all visibly behold and feel by sad experience The Lord open our hearts to consider it now at last and prevent our intended ruine by them before it be over-late I confesse I have ever met with very poor Encouragements and g manifold grand Discouragements Affronts from pretended Christian friends as well as Foes and men of all sorts for writing publishing or acting any thing for the Common-weal defence safety of our Church State Religion Laws and publique Liberties or discovering any Jesuitical Designs to undermine them having been so ingratefully requited so despitefully used by seising my Writings Papers Letters Records Books denying me the use of pen ink paper books intelligence by letters or free conference with any the liberty of Gods own publique Ordinances to omit all publique Injurious calumnies censures corporal sufferings and cooping me up for many years close Prisoner in remotest parts under strictest Guards of purpose to hinder me from such good publique services to my great temporal losse Republikes prejudice But the cordial zeal love duty I bear to my great Saviour Deliverer Enlarger his Church Ministers People Truth Cause and the Weal of my Native Countrey Religion Nation have engaged me to neglect contemn all Difficulties Remoraes Oppositions to do them all the Services I can in my Generation to adventure my estate liberty life and spend all m● studies in their behalfe according to the impulse of my Conscience expecting my whole h reward in Heaven above what ever befalls me for it here And this this only without private ends sinister respects or prejudice against any sincere Patriots designes or real publique endeavours for our Churches or Nations settlement upon i sure foundations of Justice Righteousnesse Truth Piety Sincerity restitution of all to their just Rights and Publique Liberty hath engaged me to the compiling of this short and I hope seasonable useful Plea for Patrons and occasionally for our fundamental Laws and Liberties now struck at which I humbly submit to thy impartial censure being a Theam which few or none have purposely and particularly handled and commend with my prayers to Gods Tuition and Benediction alone to whom I devote it Farewell JUS PATRONATVS OR A Breif Legal and Rational Plea for Advowsons c. THE present Injurious that I say not unrighteous Designe of some Anabaptistical and Jesuitical furies to abrogate all Advowsons and strip all Patrons of their ancient legal just hereditary Rights to present any future Clerks and Encumbents to Ecclesiastical Benefices or Parochial Churches by meer Arbitrary illegal Votes without any Judicial Sommons hearing or legal trial by their Peers cont●ary to the expresse letter of the great Charter of England ch. 1. and 29. the statutes of 25. E. 3. ch. 4. 28. E. 3. ch. 5. 37. E. 3. ch. 18. The petition of right 3. Caroli the Common Law of England the Liberty and Property of the subject after so many years bloody contests for their pretended if not intended defence hath engaged me to compile this short Apology and Plea for Patrons just Rights of Presentation to those Churches whereof they have the Advowsons against this unparraleld usurpation on them for the information of the Ignorant conviction of the seduced and Refutation of the obstinate Promoters of this destructive project covertly containing in its bowels these particulars of great concernment which should excite all true Patrons Lovers of our Religion Church Ministers Ministry Lawes and publ●que liberty to abominate and oppugn it 1. A Jesuitical and a Anabaptistical plot to suppresse subvert all our Parochial Ministers together with their Ministry throughout the Nation at once which will n●c●ssa●r●ly easily and speedily be effected when deprived of the legal Patronage countenance assistance of their Patrons and exposed to the arbitrary Injustice of these new Projectors and their Agents 2. A like designe to b Abolish all Parochial Congregations and then to demolish to the ground all Parish Churches and Chappels for if they were * razed to the ground IT WOULD BE WELL writes Canne or else to dispose of them otherwise and better to such Anabaptists and Iesuites as will freely declare the misteries of the Gospel or rather of c iniquity to the people for a time and then fl●ece them afterwards 3. A Sacrilegious project to d abrogate all our Ministers ancient maintenance by Tythes Glebes Rectories and dispose of them to other uses to starve and famish both them and their Successors by taking away the food and maintenance whereby hither to they have been nourished fed and kept alive They are Cannes very words such is his unchristian charity and Antichristian cru●lty towards our Ministers and their Families 4. A present erection of a new unordained vagrant itinerant irregular stipendiary Ministry if it deserve that title fixed to no certain place in leive of Parochial Ministers wandring up and down throughout the Nation like the preaching Friers and Jesuites in foraign parts and some Anabaptistical predicants at home to vent their Anabaptistical Jesuitical Monkish Errors Heresies Blasphemies Innovations Whim●ies to divide and distract the people into endlesse Sects Schismes Conventicles Heresies Contentions Factions in all Parishes Places to the utter desolation of our Church subvertion of our established Protestant Religion and enslaving of our Nation at last to the Antichristian tyrany of the Pope Jesuites and Spanish Monarch A plot long since layd for this very purpose by that Arch-Traytor to our Church and State Robert Persons the Engl●sh Jesuit in his Memorial for Reformation written at Sevil in Spain 1596 as you may read at large in William Watson his Quodlibets Printed 1602. p. 92. 93. 144. 289. William Clark his Reply to Father Parsons L●ble published 1603. fol. 74. 75 both Seminary Priests and Parsons h●s own Manifestation fol. 56. 57. Yet now eagerly prosecuted by John Cann● in his voyce p. 24. to 30. and other Anabap●ists who are but the * Jesuits instruments confederates in all these Designs 5. A Jesuitical project to draw a general Infamy Odium D●testation upon our Religion and Nation throughout the Christian World for Sacriligious Rapines viol●nce Injustice and to discourage all Charitable well-affected people in our Nation from all future publique works of Piety and Charity when they shall behold the Fabrikes Endowments Revenues of
our Churches and all the Bounty Piety Charity of our Religious Ancestors to Gods Church and Ministers most impiously s●cralegiously dissipated substracted prophaned invaded plundered demolished perverted to quite contrary uses and the Heires Successors Assignes of all such who at their proper costs first built our Parish Churches and endowed them with Rectories Glebes Tithes out of their own Lands and Inheritances most inju●iously ungratefully desp●efully disinherited and deprived of their anc●ent unquestionable lawfull Rights to present any future Encu●bents to them wh●n voyd disabled * contrary to our Lawes and com●on ●quity which resolve they ought to revert to the Donors and Founders and their Heirs to rep●ssesse those Rectories Gl●bes Tithes Endowm●n●s ther Ancesters fr●●ly conferred on them being made a pry to Strangers who can pretend no colour of Title to them by any Lawes of God or Man and may by like violence and injustice seise upon their M●ors Lands as well as upon their Advowsons Rectores Churches which are appendant to them To prevent these desperate Plots now strenuously pursued and involved in this one designe against Patrons Rights and Advowsons I shall briefly relate the true original of our Parish Churches and of Patrons Titles to present Encumbe●ts to them unknown to most which will fully discover the equity justice of this their Right which some deem unreasonable and injurious to the Parishioners and then present you with a full Jury of legal writs and remedies provided by the Common and Statute Lawes of England for the defence and preservation of Patrons Interests in their Advowsons Churches against all Invasions or Vsurpations on them to their prejudice The Title Advocate from which the word Advowson is derived or to which at least it relates is attributed to our Saviour Jesus Christ himself 1 John 2. 1. the Advocate general of the whole Church and every particular person unto God the Father to plead their cause and make intercession on their behalf Michael 7. 9. Lamentations 3. 58. 1 Samuel 24. 15. c. 25. 39. Psal. 35. 1. Psal. 43. 1. Psal. 119. 154. Prov. 22. 23. c. 23. 11. chap. 31. 9. Jer. 50. 34. chap. 51. 36. Job 16. 2● Isay 5● 12. Rom. 8. 26. 34. chap. 11. 2. Heb. 7. 25. Which well explain both the Office and D●ty of our Advocates of our Churches being the same in substance with that of known Advocates Pleaders or Counsellors at Law for their Cl●rts in Courts of publique Justice for which you may consult Federicus Lindebrogus and Sr. Henry Spelman in their Gl●ssaries Calvins Lexicon Jurid●cum Summa Angelica Rosella Hostiencis Antonius Corsetus his Repertorium and Thomas Zerulu his Praxis Episcopalis titled Advocatus The Title Patronus or Patron of a Church is of the self-same signification and imports the same Office and Duty as Advocatus and it is somewhat more large then it implying not only a Patronage Protection or Defence of the Incumbents Churches cause when there is need in Courts of Justice by way of Plea or Intercession as Advocate properly doth but also their Defence and Patronage by the Sword in the field when assaulted by open armed Adversaries Sacrilegious Church Robbers or bloudy Persecutors as the ancient Othes of our Kings and Knights of all sorts when invested in that Dignity abundantly evidence by the Pen when invaded by Hereticks and Shismaticks upon which account the Pope bestowed the Title of e PATRON or DEFENDER OF THE FAITH upon our King Henry the Eight for writing in Defence thereof as he conceived against Luther and likewise by the purse by supporting repairing the Fabricks of the Churches they o● their Predecessors first erected as there is occasion by endowing them with convenient maintenance or encreasing their Dowry where incompetent by providing against its alienation diminution substraction and recovering it when invaded diminished or substracted by others or alienated d●lapidated or unjustly incumbred with Annuities or other charges by the Incumbents without their privities or assents and in one word in becoming Nursing Fathers and Nursing Mothers to the Churches and Ministers whereof they are Patrons according to that of Isay 49. 23. c. 60. 10. Rev. 21. 24. 26. Hence the f Master and Lord of any servants or enfranchised Slaves was stiled Patronus their Patron and they sayd to be in PATROCINIO EJVS as you may read at large in Fredericus Lindebrogus his Glossarium and Codex Legum Antiquarum Leges Wisigothorum l. 8. Tit. 1. L●x 3. 4. Leges Longobardorum lib. 1. Tit. 8. Lex 31. Leges Burgundiorum Addit 2. sect. 2. and that because they were bound to protect defend maintain feed and provide for their servants for which by the Roman Law Libertus PATRONO donum munus operas d●b●bat D●gest lib. 38. Tit. Cod. l 6. Tit. 3. as Incumbents ought to instruct pray for expresse their gratitude to their Patrons in a Christian and civil though not i● a corrupt or Symoniacal way and to sow unto them spiritual things because they reap their carnal things 1 Cor. 9. 11. Phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9 10 11. 2 Timothy 1. 16. 17. 18. g The Emperor of Germany heretofore was usually st●led ADVOCATVS and DEFENSOR ECLESIAE in his Imperial Title as Henry the eighth and the Kings of England since were stiled Defendor of the fait● H●nce those two verses over the Cou●sel-Chamber door in Guilds Hall London Carolus Henricus vivant DEFENSOR uterque Henricus FIDEI Carolus ECCLESIAE The reason of which Title was because the Emperor Charls when Crowned at Bologna by Pope Clement the seventh took this solemn Oath Ego Corolus c. Pollicior testificor atque juro me in posterum pro viribus ingenio et facultatibus meis Pontificiae Dignitatis et ROMANAE ECCLESIAE PERPETVVM FORE DEFENSOREM nec ullam ecclesiasticae Libertati vim illaturam Sed potestatem jurisdictionem et dominationem ipsius quoad ejus fieri potest CONSERVATVRVM And the Emperor Ferdidand the second in the Articles of Capitulation with the Princes Electors promised during all his Raign Vniversam Christianitatem c. Et CHRISTIANAM ECCLESIAM TAN QVAM ILLIVS ADVOCATVS FIDELI PROTECTIONE CONSERVARE Yea some of the old Kings of Sicile used Titles in their stile somewhat like this as CHRSTIANORVM ADIVTOR CLYPEVS ET DEFENSOR as Mr Selden observes out of Scipion Mazzella Descrit De. Napoli p. 471. These general Titles of theirs in relation to the whole Church Faith Ministers and Christians within their Dominions being dirived from the S●les and Titles of Advocates and Patrons of particular Parish Churches in use some hundreds of Years before them And this may suffice for the Title Office and Duty of Advocates and Patrons of Churches The h Statute of Westminster the 2. 13. E. 1. c. 1. recites That before its making if a man gave Lands to a man and the heirs of their bodies upon express condition that if