Abridgment of Ecclesiastical Laws, Treatise · Chapter 20
CHAP. XX.
Of Appropriations.
1. The great Antiquity of Appropriations; a Conjecture of their Original; whether Charles Martell was the occaſion thereof? they were prohibited in England anciently by the Pope; whether they can be otherwiſe than by the King, or ſome Authority derived from him?
2. How the End and uſe of Appropriations is changed at this day from what it was in the Original Inſtitution thereof.
3. Appropriators why called Proprietarii; The care of R. 2. in making Proviſion for thé Vicar in caſe of Appropriations; Requiſites of Law to make an Appropriation.
4. A further diſcovery of the Original, uſe, and ends of Appropriations, and under what qualifications.
5. Whether Appropriations were anciently grantable to Nunneries?
6. Appropriations not now to be queſtioned, as to their Original.
7. A Vicarage endowed may be Appropriated, but not to a Parſon.
8. Three conſiderable Points of Law reſolved by the Juſtices touching Appropriations.
9. Whether an Advowſon may be Appropriated without a Succeſſion? Appropriations uſually were to Corporations or Perſons Spiritual.
10. How a Church Appropriate may be diſappropriated.
11. In Appropriations the Patron and his Succeſſors are perpetual Parſons.
12. Whether an Appropriation of a Parſonage without endowment of the Vicarage be good? Alſo, whether an Appropriation may be made without the Kings Licenſe?
(1.) IT is a queſtion at this day undecided, Whether Princes or Popes were the firſt Authors of Appropriations? the practice whereof by each of them is of great Antiquity; but whether in imitation of Charles Martell's Sacrilegious Preſident (the firſt by whom Tithes were ever violated in the Chriſtian World) is but a Suppoſition rather than any Aſſertion among Hiſtorians. It was long ſince Traditionally Recorded in Hiſtory, that about the year 650. when the ſaid Charles Martell, Father of Pipin, after King of France, in defence of his Country againſt the Hunnes, Gothes, and Vandals, had ſlain no leſs than 34500 of thoſe Infidel Sarazens in one Battel, he did not reſtore to ſuch of the Clergy of France their Tithes, as from whom under a fair pretence of ſupporting the charges of the War thereby, he had (upon a Promiſe of Reſtitution thereof ſo ſoon as the War ſhould ceaſe) obtained the ſame; but inſtead thereof gratified ſuch of the Nobility, as had aſſiſted him in the War, by the grant thereof to them and their Heirs for ever. But whether this Sacriledge (if it be true) had ſuch a malign influence upon ſucceeding Princes in After-ages, and other Kingdoms, and alſo upon the Popes, as ſome Hiſtoriographers do more than conjecture, is not ſo evident as that which is reported by Ingulphus Abbot of Crowland, touching Eight Churches to have been Appropriated to that Abbey by ſeveral Saxon Kings; and though by their Charters, yet whether by ſuch excluſively to all Eccleſiaſtical Authority, is not ſo certain, as that William the Conqueror, without asking leave of the Pope, Appropriated three Pariſh-Churches to the Abbey of Battaile, which he built in memory of his Conqueſt; and his youngeſt Son H. 1. nigh twenty in one day to the Cathedral of Sarum by his Letters Patents, together with the Tithes of thoſe Pariſhes which his elder Brother William, Sirnamed Rufus, had depopulated and diſeccleſiated in New-Forreſt in Hantſhire. Notwithſtanding which, the Pope (who underſtood his Supremacy in matters Eccleſiaſtical better than to part with it upon any Preſidents of Temporal Uſurpations) doth frequently in his Decretals, without any contradiction, rather aſſume than arrogate this Right unto himſelf, as a Prerogative of the Apoſtolick See, and granted to ſeveral Religious Orders this Priviledge of taking Eccleſiaſtical Benefices at Lay-mens hands by the mediation of the Dioceſan, who at a moderate and indifferent rate (as one Moity of the Annual profits of the Benefice) was to be a Medium or Expedient between the Religious Houſe and the Incumbent; but in proceſs of time, partly by the remiſneſs of the Biſhops in that point, and partly by the Covetouſneſs of the Monks and Friers in thoſe days, the Incumbents proportion became at laſt ſo inconſiderable, that Pope Vrban the Fifth by his Legate Othobon, about the year 1260 was forced to inhibit all the Biſhops here in England from Appropriating any more Churches to any Monaſtery or othes Religious Houſes, ſave only in ſuch caſes where Charity might prevail in derogation of Law; and under this Proviſo alſo, That the Biſhops ſhould aſſign a competent proprotion of the Parochial Fruits for the Maintenance of the Incumbent, according to the annual value thereof, in caſe the new Appropriators did it not within Six months next after ſuch Appropriation; but this Conſtitution not taking the effect expected, a convenient Maintenance for the Vicar was otherwiſe provided for by Two Statutes, the one made by R. 2. the other by his Succeſſor H. 4. So that upon the whole it may be rationally inferr'd, that theſe Appropriations originally came, partly by the Act of Eccleſiaſticks, and partly by the Laity. But what way ſoever they came, this is and hath been held for Law within this Realm, That albeit the Pope takes upon him to be Supream Ordinary, yet no Appropriations made by him, or by any Authority derived from him,Coke. 5. par. 11, 2, 13. acc. were ever allowed or approved of by the Laws of this Realm; it being held, That no Appropriations within this Realm can be made but by the King, or by Authority derived from him, and by his Licenſe, and that all other Appropriations are void in Law. An Appropriation may be by the King Sole where he is Patron, but it may not be by the Patron Sole: Grendon's Caſe in Plowden. & 17 E. 3. 39. An Appropriation cannot be without the King's Licenſe. Ward's Caſe Poph. Rep. Nor will the Objection hold againſt the King,Coke 5 par. 10. in Cawde… 's Caſe. to ſay, No man can make an Appropriation of any Church, having Cure of Souls (the ſame being a thing meerly Eccleſiaſtical, and to be made by ſome Eccleſiaſtical perſon) but he only who hath Eccleſiaſtical Juriſdiction;Coke ib. & 11. par. in Fridle and Napper's Caſe. for ſuch Juriſdiction the King hath, and is ſuch a Spiritual perſon, as may of himſelf Appropriate any Church or Advowſon, becauſe in him reſides the Eccleſiaſtical Power and Juriſdiction.T…m. 11 H. 4. 87. vouched in Davie's Reports, as per Hugh Abridg. verb. App… …. Vid. 22. E. 3. … Coke 5. par. vouched in Cawdri's Caſe. And therefore in a Caſe of Commendams it was long ſince held, That an Appropriation made by the Pope, could not be good without the King's Licenſe. The like in a Caſe of Avoidance was vouched in Cawdrie's Caſe, That the Entry into a Church by the Authority of the Pope only, was not good, and that he could not Appropriate a Church to Appropriatees to hold to their own uſe. And in Gyendon's Caſe it was Reſolved by the Juſtices, That the Ordinary, Patron, and King, ought to be aſſenting to every Appropriation; and that the Authority which the Pope had uſurped in this Realm, was by Parliament, 25 H. 8. acknowledged to be in the King,Paſch. 19 El. C. B Plowd. Comment. 496. 497 &c. Grendon's Caſe. who as Supream Ordinary may Appropriate without the Biſhop's Aſſent.
(2.) It ſeems therefore without any contradiction moſt evident, That Appropriation or Impropriation, at the Original thereof was, when the Religious Houſes of the Romiſh Church, and the Religious perſons, as Abbots, Priors, and the like, had the Advowſon of any Parſonage to them and their Succeſſors, obtaining Licenſe of their Holy Father the Pope, as alſo of Kings, and of their Ordinaries, that they and their Succeſſors ſhould from thenceforth be the Parſons thereof, that it ſhould thenceforth be a Vicarage, and that a Vicar ſhould ſerve the Cure. So that at the beginning of this Spiritual Monopoly of Appropriations, they were made only to ſuch Spiritual perſons as were qualified to Adminiſter the Sacramental Ordinances, and perform Divine Service. Afterwards the Grant thereof was gradually enlarged, and extended to Deans and Chapters, though Bodies Politick, and as ſuch not capable of performing ſuch Divine Services; yea, and (which was moſt Ridiculous as well as Impious) to Nunus, which were Prioreſſes to ſome Nunnerics, but not Female-Preachers, as in theſe daies. All which was under a Pretence of maintaining Hoſpitality; and to ſupply all defects hereby occaſioned, there muſt be the Invention of a Vicar, as the Appropriators Deputy, to ſerve them and the Cure, for which he had and hath the Tithe of Mint and Cummin, and ſuch other ſmall oſſals of Tithes, as might be ſpared out of the weightier Granaries thereof without breach of the Laws of Hoſpitality, thereby Sacrilegiouſly robbing the Church to enrich themſelves. Thus the poor Vicar ſhall have ſomething like a certain portion of the Benefice, whilſt the Abbot and the Covent, and their Lay-Succeſſors, ſhall be the Parſons, and receive the main Profits, and ſo live by the Altar without waiting on it, and be Re-baptized by the Law with the name of Parſons Imparſonces. This was that Anciently, which we now call Appropriation, which cannot be made to begin in the Parſon's Life-time without his Aſſent; and is ſo called, becauſe they hold the Profits ad proprium ſuum uſum; but if ſuch Advowſons happen to be recovered by Ancient Title, then and in ſuch caſe the Appropriation of the Parſonage is annulledaTerms of Law, verb. Appropriation..
(3.) So that from the Premiſſes it is evident, That this Appropriation or Impropriation is an Annexation of an Eccleſiaſtical Benefice (which originally was as it were in nullius Patrimonio) to the proper and peculiar uſe and benefit of ſome Religious Houſe, Biſhoprick, Dean and Chapter, Colledge, &c. Quod Divini juris eſt, id nullius eſt in bonis. Inſtit. de Rer. Diviſ. §. Nullius. And it is ſuppoſed, That ſuch as are Impropriators are ſo denominated, for that now and hereby they are as Owners of a Feeſimple by reaſon of the perpetuity of their Title, whence called Proprietarii, whereas the Parſons of any Eccleſiaſtical Benefice are properly, regularly, and ordinarily accounted but Vſuſructuarii, nor were they any other Originally, and not Domini as having any Right of Fee-ſimple in thembLitel. cir. Diſcontionance.. It is further aſſerted by Dr. Cowell cCowel's Interpreter, verb. Approp., That before the Reign of R. 2. it ſeemed to be lawful to appropriate all the Provenues of an Eccleſiaſtical Benefice to an Abby or Priory, provided they found one to ſerve the Cure; but then withal, that King, though he did not ſuppreſs ſuch Spiritual Monopolies, yet made a Law whereby he Ordained, That in every Licenſe of Appropriations to be thenceforth granted in Chancery, it ſhould expreſly be appointed and contained, That the Dioceſan of the Place ſhould take care to provide an Annual competency or convenient ſum of Money, to be yearly iſſuing and paid out of the Parſonage-Fruits of that Pariſh towards the maintenance of the Poor thereof, and for a ſufficient ſubſiſtance and endowment of the Vicard15 R. 2. cap. 6.. By the Statutes of 15 R. 2. pl. 6. and 4 H. 4. cap. 12. it is Provided, That where a Church is Appropriated, a Vicar ought to be Endowed. If the Church be full, the conſent of the Dioceſan, Patron, and Incumbent are neceſſary to an Appropriation, after the Kings Licenſe firſt had and obtained in Chancery: But if the Church be void, then the Dioceſan and the Patron, upon ſuch Licenſe from the King, may conclude itePlowd. in Grendon's Caſe. fo. 496. b. &c.. And as to the Diſſolution of an Appropriation, the Patron's Preſentation of his Clerk to the Ordinary, with his Inſtitution and Induction thereupon, is ſufficient to effect it, and puts the Benefice inſtatu quo fF. N. B. 35. c. & Co. l. 7. fo. 13..
(4.) Although Appropriations at their Original were tolerated only to perſons Eccleſiaſtical, and that in order to their better Hoſpitality, yet now they are become as Lay-Inheritances, and adapted as well to perſons Secular as Eccleſiaſtical, and to Bodies Corporate as well as to perſons Private or Individual, who by virtue of their Right and Title to a Parſonage or Spiritual Benefice, may take the Profits thereof to their own proper uſe, maintaining only a Vicar upon the place to ſerve the Cure. Anciently and Originally theſe Appropriations came from the Pope, afterwards tolerated by Kings, and with the conſent and approbation of the Ordinary. So that now Appropriators and Appropriations are no other than Lay-Parſons & Lay-Parſonages; which Lay-Parſons as they are the Proprietaries, the Common Law allows them to be called the Incumbents, and him, that hath the Church by Appropriation, Parſon Imparſonee; and although they are ſaid to be perpetually AppropriategCo. 11. 10. Plow 49. 6.; yet may be Diſſolved and become Propriate again, as in caſe a Corporation to which it belonged, ſhould be Diſſolved; or in caſe the Advowſon ſhould be Recovered by a Title more Legal and more Ancient than that of the Appropriation; which as it was originally tollerated only to Spiritual perſons, ſo never without the Ordinary's Conſent and approbation; conſonant whereunto are the Seventh and Eighth Canons of the Council held at Gangra, where a Curſe is pronounced upon all ſuch as ſhall preſume to give or receive the Church-Fruits, otherwiſe than by the Biſhops Diſpenſation, or of ſuch other as by the Biſhop ſhall be appointed thereunto. Nor was it ever in the Primitive times held lawful for meer Lay-men and Secular perſons to have any thing to do with the Church Revenues; It was an Obſervation of Stephen Biſhop of Rome, in the ſecond Century in his ſecond Epiſtle, Laicis quoque, quamvis Religioſi ſint, nulla tamen de Eccleſiaſticis Facultatibus diſponendi legitur unquam tributa facultas; which long after was alſo repeated in the Council of Lateran under Innocent the Third, c. 44. And in the filling of ſuch vacant Appropriations as were granted to Religious Houſes, the Biſhop was impower'd by Law to oblige the Proprietaries to ſet out for the Vicar Incumbent ſuch a convenient Portion, as the Biſhop in his Judgment ſhould be pleaſed to allot. Vid. Alex. 3. ad Epiſe. Wigorn. De Praeb. & Dig. c. de Monach.
(5.) Whereas it hath been formerly hinted, §. 5. that Appropriations have heretofore been granted to Nunneries, Hobard Chief Juſtice is expreſs againſt it, That a Benefice with Cure could not be Approprietated to a Nunnery, though the Pope made many de facto, Citing Dyer in Grindon's Caſe, ſaying, That it was a thing Abominable, both againſt the Law of Godh1 Cor. 14. 34., and the Law of this Realm;1 Tim. 2. 11, 12. for Beneficium non datur niſi propter Officium. Nor is it a ſufficient Anſwer to ſay, the Cure might be ſerved by a Curate for them; for the queſtion is not, How they might make a Curate, but how themſelves were capable; for it muſt radically veſt in the firſt Grantee, before it can go in title of Procuration or Deputation to any other: For the proper and operative words which make an Appropriation, are ſuch as muſt make the Patron and his Succeſſors perpetual Parſons; yet if a meer Lay-man, or one wholly illiterate be Preſented, Inſtituted, and Inducted: this is not a meer Nullity, but he is a Parſon de facto, as having all the Ceremonies to make him ſuch, and his Inſufficiency muſt receive Examination, yet no Diſpenſation can make him a lawful Parſon, not ſubject to Deprivation, becauſe it is Malum in ſe; but in the other Caſe the Incapacity appears in it ſelfiMich. 10 Joc. rot. 2642. C. B. Coli and Glover verſ. Biſhop of Cov. and Lichfield. Hob. Rep.. Nor are Appropriations regularly grantable over, neither can they endure longer than the Bodies, whereunto they were firſt Appropriate; becauſe it carries not only the Glebe and Tithes (which may be granted away) but it doth alſo give them the Spiritual Function, and doth make the Parſons of the Church, and doth ſupply (ſo Hobart Chief Juſtice) Inſtitution and Induction, which being the higheſt parts of Truſts, cannot be eſtranged: And therefore the Inſtrument of Appropriation runs in theſe words, viz. That they and their Succeſſors (not their Aſſigns) ſhall be Parſons, or by Periphraſis hold the Church in proper uſekHill. 15 Jac. Rot. 1510. W. Wright verſ. Gilbert Gerrand and Hilderſham. Hob. Rep.. Likewiſe when an Appropriation was made by the King as the Supream Ordinary, or by a Biſhop as the Ordinary under him, the Inſtrument thereof did run in theſe or the like words, viz. (if by the King) Authoritate noſtra Regali; (if by the Biſhop with the King's Aſſent) then it was Authoritate noſtra Ordinaria, Eccleſiam Parochialem de B. tali, &c. Annectimus Appropriamus, & unimus per Praeſentes.
(6.) Appropriations of Ancient time are not now in theſe daies to be queſtioned as to the Original of them, if they have ever been ſo reputed and taken for ImpropriationslTrin. 37 Eliz. in Can. Scace. Crimes and Smith's Caſe. Co 12. par. 4.. To which purpoſe it was Reſolved in the time of Queen Elizabeth in Chancery by Egerton Lord Chancellor of England, being aſſiſted with the Principal Judges, That although an Advowſon doth not paſs by the Grant of the King in ſtrictneſs of Law, by the words cum pertinentiis; yet it ſhall be intended in reſpect of the Ancient and continued poſſeſſion, that there was a lawful Grant of the King to H. B. &c. and all ſhall be preſumed to be done, which might make the Ancient Appropriation good: And the Reaſon thereof there given is, for that if the Appropriation had been drawn in queſtion in the Life-time of any of the Parties to it, they might have ſhewed the truth of the matter: But after ſo many Succeſſions of Ages, in which the Church was eſteemed to be rightfully Appropriated, the Appropriation ſhall not now be drawn in queſtionmHill. 4 Jac. in Chancery, Predle, and Beard, & Wingfield's Caſe. Co. 12. par. 5.. For the ſame reaſon a Procedendo was refuſed to be granted in Chancery in the Caſe of the Lord St. John of Bletſo and the Dean and Chapter of Glouceſter, the Court then giving for Reaſon, becauſe the Defendant and thoſe from whom he claimed, time out of mind had had the poſſeſſion of a Parſonage as Impropriate (ſaving for ſome ſhort time;) and becauſe it ſhall be a dangerous Preſident for Owners of Impropriations, to maintain the Appropriations to be Perfect in all points and circumſtances requiſite to an Abſolute Appropriation, the Appropriations being made of Ancient timenTrin. 29 Eliz. in Chancery. Lord St. John and the Dean and Chapter of Glouceſter's Caſe. Vid. Co. 12. par. 3. acc.. The like Reſolution was given by the Court in Hunſton and Cockett's Caſe, viz. That whether an Appropriation be good or not, cannot now be called into queſtion, but ſhall be intended to be good, and to all requiſite Circumſtances oMich. B Jac. B. R. Hunſton and Cockett's Caſe. Cro. 2. par..
(7.) An Appropriation cannot in any caſe be made by the Patron himſelf only; yet where the King is Patron, it may be made by him Sole. And although upon every Appropriation there ought to be an Endowment of a Vicar, yet a Vicarage it ſelf Endowed, may (as hath been held by the whole Court) be Appropriated, but not to the Parſon, and (as in the Book 21 H. 6.) is ſuch a Vicarage, as may afterwards be diſſolvedpTrin. 16 Jac. B. R. Ward's Caſe. Poph. 144, 145.. And if a Leaſe be made of a Parſonage Impropriate by one, who hath not any thing therein during the life of the Incumbent, it will be void; nor can an Appropriation be made to a Church which is Full of an Incumbent, but by Special wordsqMich. 8 Eliz. Dyer 244. Biſhop of. Cov. & Lichf Caſe. Vid. ibid. Jobſon and Michael's Caſe. Adjudg. in Chanc. acc. Vid. Co. 11. par. a. Co. 10. par. 48. in Lampitt's Caſe. Vid. 19 Eliz. Plow. Com. 500. The Opinion of Manwood in Grendon's Caſe. acc. Hugh. Abridg. verb. Appropriations.. It hath alſo been held, That a Vicarage Perpetual could not be diſſolved after the Statute of 4 H. 4. and that the Pope had not any power to make any Ordinance againſt that Statute, by which he hath not any Right to meddle with Advowſons, Benefices, &c. and that by his Bulls he cannot diſpence with the Law, though they tend in ordine ad Spiritualia rMich. 16 Jac. B. R. Britton and Wade's Caſe. Cro. 2. par. 516, 517, 518..
(8.) Touching Appropriations there were Three conſiderable Points in Law, Reſolved by the Juſtices in Grendon's Caſe: (1) That none is capable of Appropriation but a Body Corporate or Politick Spiritual, which hath a Succeſſion: For that the effect of an Appropriation as to the firſt Inſtitution thereof, was to make the Body Politick perpetual Incumbent, and to have the Rectory, and that he hath the Cure of all the Souls of the Pariſhioners: and therefore he muſt be a Spiritual perſon. (2) That the King, Ordinary, and Patron, ought to be aſſenting unto every Appropriation; and that the Authority which the Pope had uſurped in this Realm, was by Parliament, An. 25 H. 8: acknowledged to be in the King; and the King being Supream Ordinary, might of his own Authority and Juriſdiction make an Appropriation without the Aſſent of the Biſhop. (3) That an Appropriation may be made by Apt words, when the Church is Full (as to ſay) That the Parſon who is a Spiritual perſon, after that the Church ſhall be void, ſhall be Parſon, and may retain the Glebe, and the Fruits of the Church to his proper uſe; and that the ſame ſhall be a good Appropriation, when the Church ſhall be void by death or otherwiſesPaſch. 19 Eliz. C. B. Plowd. Com. 496 to 501, &c. Grendon's Caſe..
(9.) It is brought by way of Report to us, That it was the Opinion of the Maſter of the Rolls in the great Caſe of Conſultation, which was argued in the Exchequer Chamber, the 18 H. 6. 21. a. That an Advowſon could not be Appropriate without a Succeſſion, although that the Incumbent purchaſed the Advowſon by Licenſe to hold to his Own uſe. Where it was further ſaid, That if a Prior were ſeized of an Advowſon to him and his Heirs, and he purchaſe Licenſe of Appropriation, and that he and his Succeſſors might hold the Advowſon to their own uſe; yet the Advowſon ſhall deſcend to his Heirs: But in ſuch caſe, if he would have the Appropriation to be good, it were beſt to alien the Advowſon, and after to re-purchaſe it to him and his Succeſſors; and then the Appropriation will be goodtHugh. Abridgm. verb. Appropriat.. All Appropriations have been uſually to Corporations or perſons Spiritual, and not to Bodies Politick, conſiſting of meer Lay-men, or Lay-Corporations. And in Alden and Tothil's Caſe it was in queſtion, Whether the King, ſince the Statute of 25 H. 8. might by his Letters Patents Appropriate a Church Parochial, which was before Preſentative, unto a Lay-Corporation, all the Members of the Corporation being meer Laymen: which Caſe was not then ReſolveduTrin. 9 Car. B. R. in Alden and Tathi… 's Caſe. Hugh. ibid..
(10.) As a Church Parochial might be Appropriated: ſo a Church which is Appropriated to a Spiritual Corporation, may become diſappropriate, if the Corporation be-diſſolvedxVid. 3 E. 7. 4. Finch. Comment. 14. acc.. Alſo if the Advowſon of a Church were by Licenſe granted to a Prior and his Succeſſors, and afterwards the ſame Church were Appropriated to him and his Succeſſors, ſo as thereby they became perpetual Parſons Imparſonees: In that Caſe if the Wife of a Grantor were endowed of the Advowſon, and Preſented a Clerk, who was Admitted, Inſtituted, and Inducted, the Appropriation would be defeated for ever; for the whole Eſtate of the Parſon Imparſonee is thereby avoided: And ſo it was Adjudged, 2 E. 3. 8. ſed Quaere. For in the Caſe of Lancaſter and Lucas yPaſch. 33 Eliz. B. R., it was held by the Court, That in ſuch Caſe the Church was Diſappropriated but during the life of the Wife: and after her death it ſhould remain as Appropriatedz33 Eliz. in B. R. Leon. 235..
(11.) Sir H. Hobart Chief Juſtice, in the Caſe of Colt and Glover againſt the Biſhop of Coventry and Lichfield aMich. 10 Jac. rot. 2642., ſays, That the proper and operative word that doth Appropriate, is to make the Patron and his Succeſſors Perpetual Parſons; and in the Caſe of Wright againſt Gilbert Gerrard and Richard Hilderſham bHill. 15 l. c. rot. 1510., That the Inſtrument of Appropriation runs in theſe words, That they and their Succeſſors (not their Aſſigns) ſhall be Parſons, or by Periphraſis hold the Church in proper uſe; and the words of Appropriating are, that they may hold Eccleſiam & Rectoriam in proprios uſus, as in Grindon's Caſe; and ſays further, that Appropriations cannot endure longer than the Bodies, whereunto they were firſt Appropriate, becauſe it carries not only the Glebe and Tithes, but doth alſo give the Spiritual Function, makes the Parſons of the Church, and ſupplies Inſtitution and Induction.
(12.) A Prior was ſeized of the Advowſon of a Parſonage; the Church being void, the Biſhop gave him Licenſe to hold it to his proper uſe, and there was not any Endowment of the Vicarage. The Jury found the Statute of 4 H. 4. of Appropriations: and of 27 H. 8. which gives Priories, &c. to the King: Whether the Appropriation were good, there being no Endowment of the Vicarage: And, whether the Appropriation without the King's Licenſe was good, was the Queſtion. Reſolved, That whether the Appropriation be good or not, cannot now be called in queſtion; but it ſhall be intended to be good, and have all requiſite Circumſtances: But in this Caſe, becauſe the Defendant claimeth per Praeſentationem Regis ratione Lapſus; Whereas the King, if he had any Title to Preſent, it was Jure Coronae, the Preſentment of the Plaintiff was utterly void, and the Plaintiff had no Title, who brought an Action upon the Statute of 2 Ed. 6. for not ſetting forth of TithescMich. … Jac. B. R. Hunſton and Cocket's Caſe..