Legal and Rational Plea, Treatise

Legal and Rational Plea · Treatise

p. 1JUS PATRONATƲS 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 andaaIohn Cann…, his ſecond voyce from … Temple to to the higher Powers p…ge 2. 4 5. to 10 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, p. 2eaſily 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, tobbJ…hn Canne Ibid. and page 28, 29. Aboliſh all Parochial Congregations; and then to demoliſh to the ground all Pariſh Churches and Chappels (for if they were **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.Ps 74Hag 1:4razed 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 ofcc2 Theſ. 2▪ …2 Thess 2 iniquity) to the people; for a time, and then fl…ece them afterwards.

3. A Sacrilegious project, toddCanne Ibid. p. 1. 2. 10. to 25. 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 p. 3Watſon 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**See Jubileum, …ve ſp…cul…m … pr…nted 1643. & my …dden w…ks of d…kneſs &c. 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 (**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. 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 p. 4& 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 ſelfſame 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; See Tottles M…gna Char▪ f. 16…. E…act Collect▪ p. 268▪ 290▪ 29. 706. … 716.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 p. 5the Pope beſtowed the Title ofeeSee … 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. 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 theffSee Mr Seldens Titles▪ Honour par… 1▪ ch. 5. ſect, 4. Maſter and Lord of any ſervants or enfranchiſed Slaves was ſtiled Patronus, their Patron; and they ſayd to be in PATROCINIO EJƲS, 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.

ggPeter 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.The Emperor of Germany, heretofore was uſually ſt…led, ADVOCATƲS 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.

p. 6Carolus, 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 PERPETƲ ƲM FORE DEFENSOREM, nec ullam eccleſiaſticae Libertati vim illaturam; Sed poteſtatem, juriſdictionem et dominationem ipſius, quoad ejus fieri poteſt CONSERVATƲRƲM. And the Emperor Ferdidand the ſecond in the Articles of Capitulation with the Princes Electors, promiſed during all his Raign: Ʋniverſam Chriſtianitatem, &c. Et CHRISTIANAM ECCLESIAM TAN QƲAM ILLIƲS ADVOCATƲS, FIDELI PROTECTIONE CONSERVARE. Yea ſome of the old Kings of Sicile uſed Titles in their ſtile ſomewhat like this; as CHRSTIANORƲM ADIVTOR, CLYPEƲS 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 hhSee Cooks 2 Inſtitute. thereon.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 they dyed without heirs of their Bodies between them begotten, the Land ſo given ſhould revert to the giver, or his heir, that yet the Doners by their Deed and Feofment might diſinherit their Iſſue of the Land, CONTRARY TO THE MINDE OF THE GIVERS, and CONTCARY TO THE FORM EXPRESSED IN THE GIFT. And likewiſe bar the Doners of their Reverſions, though DIRECTLY REPƲGNANT TO THE FORM OF THE p. 7GIFT, which SEEMED VERY HARD TO THE GIVERS, AND THEIR HEIRS, THAT THEIR WILL EXPRESSED IN THE GIFT WAS NOT OBSERVED and the like it ſeemed to the whole Parliament, which to prevent ſuch injury, injuſtice and unreaſonable dealing for the future, and perceiving HOW NECESSARY & EXPEDIENT IT SHOƲLD BE TO PROVIDE REMEDY in the foreſayd caſes, ordained. That THE WILL OF THE GIVER, according to the form of the Deed of Gift, manifeſtly expreſſed, SHALL BE FROM HENCE FORTH OBSERVED; So that they to whom the Land was given under ſuch condition, SHALL HAVE NO POWER TO ALIEN THE LAND SO GIVEN;TO THE DONOR▪ but that it ſhall remain to the iſſue of them by whom it was given, after their death; or ſhall revert to the Donor OR HIS HEIRS if iſſue fail. The ſubſtance of which Law, we find thus ratified in the very Goſpel, Gal. 3. 15. Brethren I ſpeak after the manner of men; though it be but a mans Teſtament, yet if it be confirmed NO MAN DISANƲLLETH IT, or addeth thereto. The Juſtice and equity, of this Statute, is very pregnant and pertinent to the caſe of Patrons Adowſons, and the Fabricks, Lands and Endowments originally given by them, or their Anceſtors to the Church. And Incumbents and their Succeſſors in theſe four particulars.

1. It reſolves it to be both juſt, rationable, equitable, that the Founders and Donors of Lands, Glebs, Revenues and Tiths to Pariſh Churches or Chappels, and their Heirs and Grantees after them, ſhould perpetually enjoy the Patronages, Advowſons, and Reverſions of them, which they commonly or ſpecially reſerved to them upon their Original Foundations and Endowments: So as to preſent unto them upon every vacancy: as well as the Donors in tayl, and their Heirs enjoy the Reverſions of all Lands given and granted by them to others, and thatiiCooks 2 Inſt. pa. 33…. 1 Inſt… ▪ 22. Sect. 19. by general conſtruction of Law, as well as by their own ſpecial Reſervation.

2. That it is as hard, unjuſt and injurious to take away, or debar them of their right of Advowſons and preſentations p. 8upon voydances, or of the fayl, Fabrick, Rectories, Glebes, and other Endowments conferred by them on Pariſh Churches for publique Aſſemblies, and the maintenance of Gods Worſhip and the Incumben…s only, and to no other uſes, in caſe all Pariſh Churches, Rectories, Glebes, Tithes be voted down and aboliſhed (is many now ſtrenuouſly endeavor) as it is to debar, defraud deprive Donors in tayl and their Hei…s or Grantees of the Reverſions reſerved on their Gifts and Grants, in …ayl after the deceaſe of the Tenants without iſſue) or Founders of Abbies and other Corporations of theirkk7. E. 1 11. 12. Eſchetes, after the Corporations expi…ation or diſſolution.

3. That it is as unjuſt, unconſcionable, illegal for any Incumbents to alien or change their Churches, Rector…es, or Glebes in any kind, to the prejudice of his Succeſſor, againſt the will and intention of the Founders, as for a Tenant in …ayl, thus to prejudice or diſinherit his iſſue againſt the Donors expreſs will, eſpecially without the Patrons conſent and concurence. And thereforellSee 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. all ſuch Alienations and changes are either, voyd or voydable by our Laws, either by the ſucceeding Incumbents by an actual entry, or Juris utrum and the like; or …lſe by the Patrons, by a writ of contraformam Collationis; in whom the Right and Inheritance of the Church reſides, not in the Incumbent, nor yet properly in alyance (a meer idle fiction) as our Law-books vainly fancy.

4. That it is both unrighteous, impious, yea Sacrilegious to rob godly Miniſters and people of the Inheritance, Poſſeſſion, Uſe, Benefit of thoſe Churches, Chappels, Rectories, Glebes, Tithes, wh…ch our pious Anceſtors have Solemnly devoted, and dedicated to them, againſt their manifeſt wills, intentions, (yea m Solemn Execrations and Anathemaes) mentioned in their original Charters of Foundation and Dedication,See Mr Seldens H…ſtory of Tithes c. 11 12. and to turn them to any other prophane uſes. Yea a groſs injury and indignity to the Patrons of them, whoſe original Right to Advowſons and Preſentations, I ſhall now briefly manifeſt out of Hiſtories, Canoniſts and common Law books.

p. 9In the beginning of Christianity, the Apoſtles, and Miniſters of the Goſpel next ſucceeding them, (as is evident by thennActs 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.Acts 2:3Acts 2:4Acts 2:5Matt 10:23Rev 2 Acts of the Apoſtles, Pauls ſeveral Epiſtles to the Churches of Rome, Epheſus, Corinth, Coloſſe, Philippi, Theſſalonica (all famous Cities) Tit. 1. 5. andooEuſebius, Socrates, Scholaſticus, Theodoret Nicephorus, Caſſeadorus, Beda, and others. Eccleſiaſtical Hiſtories) first preached the Goſpel, fixed their reſidence, planted, gathered, erected Churches both of converted Jews and Gentiles, only in chief Cities of great reſort; from whence the Goſpel ſpreading it ſelf by degrees into adjacent Country villages, and places more remote, and the multitudes of Chriſtians ſo increaſing, that the Churches firſt erected in theſe great Cities, could not contain them, nor the Believers in the Country Villages (by reaſon of their neceſſary occaſions and remoteneſſe) conveniently, frequently, and conſtantly repair to Gods publick Ordinances in theſe City Churches every Lords day, and on other times after Chriſtian Aſſemblies, upon ſpecial occaſions;ppSee 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.Rom 5 thereupon ſome Christians began to erect Churches, Chappels, and Oratories, in Country Villages, by publick Contributions of well-affected Converts at firſt, ſupplyed by ſuch Ministers who reſided with the Evangelical Biſhops and Miniſters of theſe Cities, as part of their Families. Which Churches and Oratories being afterwards burnt or Demoliſhed in moſt places, and in this our Iland, by Diocleſian, and other Perſecuting Pagan Emperours; it pleaſed God to raiſe upqqEuſebius, 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. Conſtantine the Great (our famous Countryman, born at York, and the firſt Chriſtian Emperour) to be an extraordinary Nurſing Father (as Helena his Mother, to be a great Nurſing Mother) to his Church; who vanquiſhing and putting to death the grand Perſecutor Licinius, demoliſhed Pagan Idols, Temples, Idolatry, throughout the Rom…n Empire; cauſed the Gospel to be freely preached throughout his Dominions; and erected divers ſtately Churches for Gods publick worſhip in ſeveral places, endowing them with Lands and Revenues, to ſupport and encourage the Miniſters of the Gospel, officiating in them; by whoſe pious Munificence and P…, other Chriſtian Kings, Princes, Nobles, and Landed perſons in his Reign, and ſucceeding ages at their own proper coſts and expences, built convenient ſtately p. 10Churches, Chappels, Oratories, in all Chriſtian Realms, and in this our Iland, within their reſpective Mannors, Lordſhips, Lands, Territories, neer their own Mannor or Manſion Houſes for the moſt part, (as we ſee at this day by ocular experience in moſt places of England and other Nations) for themſelves, their Wives, Children, Families, Tenants eaſe and convenience, where they might conſtantly meet together to hear Gods Word, Pray, receive the Sacraments, worſhip God, and enjoy all publick Ordinances, for the better converſion, edification, conſolation, and ſalvation of their Souls: And for the encouragement and maintenance of able Miniſters conſtantly to reſide and officiate in them, in all ſucceeding ages, for the benefit of their Poſterity, and Gods greater glory, they did, out of their own Lands, and Inheritances, freely endow the Miniſters of theſe reſpective Churches, and their ſucceſſors for ever, with competent and convenient houſes. Rectories, Glebes, Tithes, Rents, Revenues, by special Charters and Inſtruments (rrSee Mr. Seldens Hiſtory of Tithes ch. 9. 10. 12. many of them yet Extant) with general and special warranties againſt all claiming under them, and dreadfull execrations againſt all ſuch perſons who ſhould ſacrilegiouſly endeavour to d…fra…d or deprive God, or his Miniſters, in part or in whole, of what they had thus dedicated and devoted to them. In ſome of which foundations and endowments of Charters,ſſSumma Angelica. Tit. Jus Patronatus Sect. 5. ex Innocentio. two or more Lords and Landed men concurred, where they had Lands in common or contiguous, but in moſt of them, one Lord alone, where the Mannors were large and entire.

Now becauſe both the Soil whereon theſe Churches were built, together with the Church-yards thereto annexed for interring the dead; theſe Fabricks of the Churches, with the Parſonage Houſes, Rectories, Glebes, Revenues, and Tithes thereto annexed, for the Miniſters maintenance, proceeded originally from theſe Founders Bounty, Piety, Donation, and no way from the Pariſhioners, who were but the Founders Tenants, Servants, or Children, and held their Lands from, by, or under them, charged with ſuch Tithes as they firſt granted out of them to the Miniſters, (ſtill allowed to them in their Leaſes, Fines, Purchaſes in all ſucceeding ages, by a proportionable defalcation according p. 11to their ordinary valuation;) both thettSee 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.Jas 5 Common, Canon, Civil Lawes of our own, and other Realms, and the very Dictates of Reaſon, Iuſtice, Equity, held it reaſonable, juſt, equitable, that theſe pious, bountifull Founders, and Benefactors ſhould reſerve the full and abſolute power of beſtowing, conferring the Rectories, Benefices, Tithes, and Profits of theſe Churches upon every avoydance by death, reſignation, ceſſein, tranſlation, deprivation, or otherwiſe, on ſuch incumbent Miniſters as themſelves, their Heirs and Aſſigns ſhould nominate and make choyſe of for their Miniſters and Chaplains; it being held both unjuſt, unreaſonable, unconſcionable, injurious and ingrate, that the Pariſhioners, or other ſtrangers, who contributed nothing towards the Fabricks, Soil, or Endowments of theſe Churches, and paid no Tithes but what originally proceeded from the Patrons grants (allowed to them in their Fines and purchaſes) ſhould deprive them of, or intercommon with them in their Right of Preſentation upon any voydances; it being the Founders meer Courteſie, Piety, favour, to admit them and their Poſterities free acceſſe at all times to theſe Churches which they Founded not, and to reap the ſpiritual benefit of theſe Miniſters and Ordinances which they maintained not at their own free coſt, but theſe Founders and Patrons only: as it is at this day a meer Grace and Favour, in our Inns of Court, Colleges, and ſome Noblemen and Gentlemen in the Country, to permit their Neighbours and Strangers free acceſſe to their private Chappels in their Houſes, to the Ordinances there diſpenſed by their own hired Chaplains and Preachers.

Angelus de Clavaſio, in his Summa Angelica, Tit. Jus Patronatus, Panormitan, with other Canoniſts, and Sir Edward Cook in his Inſtitutes upon Littleton f. 17. 6. & 113. informs us, That the Right of preſenting an Encumbent to the Church, was firſt gained by ſuch as were Founders, Benefactors, or Maintainers of the Church by their means, viz. Ratione Fundationis; as where the Anceſter was Founder of the Church, or Repairer thereof being quite Demoliſhed; Or, Ratione Dotationis, where he endows the Church; Or, Ratione Fundi, as where he gave the Soil whereon the Church p. 12was built. Perchance in ſome caſes theſe three were diſtinguiſhed, but for the moſt part all three concurred in the ſelfſame perſons, who both gave the Soyl, Fabrick, and Endowments of the Church for the maintenance of Gods publick worſhip, out of their pious munificence, now grown quite out of date, and reputed by many no better than Prodigal ſuperſtition, who would be deemed Saints of the greateſt magnitude, though inſpired with a fanatique infernal zeal, only to eat up Gods Houſe; diametrically contrary to the zeal of our pious Anceſtors, yea of holy David, and our Saviour himſelf, of both which we find it thus recorded in holy writ, Pſal. 69. 9. John 2. 15, 16, 17. The zeal of thine Houſe hath eaten me up; as it did the zealous Founders and Patrons of our Churches, in times of leſſe Light, but far greater heat than now.

This Right of preſenting Encumbents to Churches, thus gained by the firſt Founders, Endowers, and Maintainers of them, was by the Common, Canon, and Civil Law, ſtiled vvWeſtm. 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.Jus Patronatus, Advocatio, Jus Preſentandi, &c. and in Engliſh, A Patronage, or Advowſon: And he who enjoyed this Right of Patronage, Preſentation, or Advowſon, was ſtiled Patronus, or Advocatus, a Patron or Advocate, becauſe he was to defend, and patronize the Churches, and Excumbents Right and Title upon all occaſions, in all Courts of Juſtice, as Advocates uſe to dafend their Clients Cauſes, advow, juſtifie them when ever**See Brook & Fitzh. Tit. Ayde & Ayde le Roy. prayed in ayd, or called upon by the Encumbent for to do it. Hence Bracton l. 4. f. 240. Fleta l. 5. c. 14. and Cook out of them deſcribe a Patron or Advocate; Advocatus eſt ad quem pertinet Ius Advocationis alterius Ecclſiae ut ad Eccleſiam nomine proprio non alieno poſſit praeſentare. And Angelus de Clavaſio, Panormitan, with other Canoniſts thus define a Ius Patronatus eſt, Ius hon…r…ficum, oneroſum & utile olicui competens in Eccleſia, pro eo quod Dioceſani conſenſu eam conſtruxit, fundavit vel dotavit; ipſe vel is a quo cauſam habuit. Et dicitur honorificum, quia habet honorem praeſentandi Rectorem, quia ſine ejus praeſentatiane ſi Epiſcopus vel alius Prelatus inſtituit, ipſo lure est nulla. Oneroſum dicitur quia Patronus tenetur defendere Eccleſiam, ne bona indebite dilapidentur, utile dicitur p. 13ſi venirit etiam, quia ſivenerit ad in opiam tenitur Eccleſia ex redditibus ultra neceſſaria remanentibus alimentare Patronum pinguius quam alios pauperes. This Right of Advowſon the Biſhop in ſome places confirmed to the Founder, Endower, or his Heir, by putting a Robe or ſuch like on him at the Dedication; an example whereof we find in the life of xxAnonym in vita S. …d…rici. c. 7. Mr. S…ld…as Hiſ… of Tithes c. 6. p 86Ulrique Biſhop of Auſpurg, in one of his dedications about the year 950. where Conſecratione peracta, d…teque contradita, comprotato illic Preſbytero, Altaris procurationem commendavit, & ECCLESIAE ADVOCATIONEM FIRMITER LEGITIMO HAEREDI PANNO IMPOSITO, COMMENDAVIT. This Right of Founderſhip cannot be eſchete or be forfeited. 24, E. 3. 72. Brook Eſchete 9.

This Right of Patronage and Preſentation in reſpect to Churches, is the very ſame in reaſon, equity, juſtice, ſubſtance, with the yy24 …. 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.Jas 5F…unders of Biſhopricks, Deaneries, Prebends, Abbies, Priories, Chauntries. Hoſpitals, Colleges, Free-Schools. Almeſ-houſes, Fellowſhips, Schollerſhips, And the like Charitable Edifices for publick uſe, who by virtue and right of their Founderſhip have the Patronages, Advowſons, and Viſitations of them vested in them and their Heirs in Perpetuity, with power to transfer them unto ſuch other perſons as they think meet to in…ruſt, and to nominate, preſent or collate Biſhops, Deans, Prebends, Abbots, Priors, Prieſts, Masters, Wardens, School-maſters, Schollers Fellows, Almeſm…n, and poor People to them upon every voydance, according to this Maxim in Law, Cujus eſt dare, ejus eſt disponere: And that by as good juſtice and equity, as he that builded an Houſe upon his own Land, at his own coſt, may juſtly diſpoſe of it, when it is vacant, to whom he thinks meet, without the licenſe of any others▪ who have no intereſt nor inheritance therein. And this right is not only ratified by the examples of King David, and Solomen▪ in the old Teſtament, who being the Founders of the magnificent Temples of the Lord at Ieruſalem, appointed, ordered, the Prieſts, Levites, Porters, with all other Officers attending therein, and preſcribed Laws and Courſes to them. 1 Chron. 9. c. 16. 37. &c. c. 22, & 2…, & 25, & 26, & 28 13. 21. 2 Chron. 8. 14, 15. as did Ioſ… their …en and Succeſſor after p. 14them 2 Chron. 35. 4. But likewiſe by that ſaying of Christ himſelf, Mat. 20. 15. Is it not lawfull to do what I will with my own? Is thine eye evill, becauſe I am good? and that Expoſtulation of Saint Paul (grounded upon reaſon, equity, and common practiſe) 1 Cor. 9. 7, 8. Who planteth a Vineyard, and eateth not of the fruit thereof? Or who feedeth a Flock, and eateth not of the Milk thereof? Say I theſe things as a man? Or ſaith not the Law the ſame alſo? Yea, God himſelf upon this very ground, that he is the Founder of the Earth, and all the Kingdoms and Powers therein, claimeth this privilege, To give them to whomſoever he will; Dan. 4. 17. 25. Iob 1. 21. Pſal. 75. 6, 7. Deu…. 10. 1…. Pſal. 24. 1. Deut. 32. 8. Prov. 8. 15, 16. And therefore Founders of Churches by the like reaſon, in their degree may do the like, without any wrong or prejudice to the Pariſhioners or others. See Levit. 27. 14, to 26. Deut. 20. 5, 6. c. 26. 13. 14. Eſth. 1. 22.

Theſe Advowſons of Churches (Founded and Endowed by Lords of Manors for the moſt part) were thereupon by the Law of England annexed aszz13 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. Appendant to the Manors and Land… of the Fou…ders, wherein the Churches ſtood, and deſcended with them to their Heirs or Succeſſors; and in caſe they ſold theſe Manors or Lands to which they were Appendant, the Advowſons paſſed together with them, by a General Grant of the Manors or Lands, with the Appurtenances or without them, (unleſſe specially reſerved, or ſevered from them by special grant before) except only in the Kings caſe, wherein the Aavowſon could not paſſe together with the Manor by the general word appurtenances, unleſſe ſpecially named. And they were ſuch a Lay Inheritance and Fee, whether Appendant or in Groſſe, as were deſcendable to Heirs; Grantable and Vendable to ſtrangers, yea aaFl…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.Aſſets, or things of Price and Value in Iudgement of Law, not meer inconſiderate or worthleſſe Privileges, as the Marginal Law-Books reſolve. And by the Canon Law, Ius Patronatus, or Advowſons, were ſuch a Right or Inheritance which did tranſire ad Heredes & etiam ad Extraneos, vel Donatione, vel venditione, either as Appendant or in Groſſe, unleſſe in caſes of Symonical Contracts, as Panormitan, Summa p. 15Angelica and Roſella, Innocentius, Hoſtienſis, Lindwood;bbAntonii Corſiti Repertorium. Thomas Zerula Praxis Epiſcopalis. Tit. Jus Patro…atus. Rebuſſus de Beneficiis. and other Canoniſts, in this Title of Ius Patronatus, reſolve. Yea an Advowſon in groſſe, ſevered from a Manor is ſuch an Inheritance, as lies in Tenure, and may be held of the King in Capite, and of any other Lord by Homage, Fealty, or Knights ſervice, as is agreed, reſolved, 21. E. 3. 5. 33 H 6. 34. 14 H. 7 26. 24 E. 3. 60. 5 H. 7. 36. Brook Tenures 4. 15 18. 20. 34. Quare Impedit 99. with other Law-Books; yea ſuch an Inheritan…e whereof the Wi…e of the Patron ſhall be endowed by Law (as Fitzherbert in his Abridgment, and Natura Brevium, Title Dower, with ccCook 2 In. ſtit. 357.other Books reſolve;) and both a Ceſſavit and Scire facias lye of an Advowſon, 43 E. 3. 15. 5 H. 7. 37. Reg… stes f. 69. Cook 2. Inſtit. p. 357. In ddS…ldens Hiſtory of Tithes ch. 6. ſ…ct. 2. c. 9. ſect. 4.elder times, the Founders, and Patrons of Churches had ſuch a full and abſolute Intereſt in them, and in all the Temporalties, Houſes, Gl…bes, Tithes, Profits, belonging to them, (proceeding from their original Donation and Endowment) that upon every Vacancy they conferred them on their new Chaplains and Incumbents (without any Admiſſion, Inſtitution, or Induction from the Biſhop or Arch-deacon, (introduced by ſucceeding Canons, and Popes Decretals, encroaching on the Patrons Right and power) as really, fully, and immediately in point of intereſt; by ſome Ceremony, not differing from our Livery and Seiſin; as delivering them the Ring or Key of the Church door, with theſe words, eePetrus D… mian: l. 1 Epiſt. 13. ad Alex. 2.Accipe Eccleſiam, receive the Church, or the like, as they then and ſince conferred the Free-hold and intereſt of any other Houſes and Lands to their Tenants by their own Livery and Se…ſin; whence by the phraſe of that time, this kind of giving the Church to the Incumbent by the Patron, was ſtiled Commendatio Eccleſiae, that is, the Lay Patrons Committing or Livery of the Church and its endowments to the Incumbent to take care and diſpoſe of as a uſufructuary of what the Patron was Proprietary, or as a Tenant only for life of that whereof the Patron was in Reverſion; which Mr. Selden proves at large. The Footſteps of this their Primitive Right, and Iuriſdiction, we find yet remaining in ſome Free Chappels and Donatives founded by our Kings, or exempted from Epiſcopal viſitation, and juriſdiction, by our Kings ſpecial p. 16Charters, which the Patrons at every Vacancy may fully and freely give, grant, confer to their Chaplains, without any preſentation at all to the Biſhop, or other Ordinary, or any Inſtitution or Induction, and may viſit by themſelves, or their Commiſſaries, when there is occaſion, as you may read at large in Cooks 1 Inſtitutes, and the Law-books there quoted f. 344. a. Brook Preſentation al Eſgliſe 43. 6 H. 7. 14. 49 E. 3. Quare Imp. 60. Mr. Seldens Hiſtory of Tithes ch. 6. p. 91. But in after ages by the 8 General Council of Conſtantinople, An. Dom. 871. Actio. 10. Can. 22. The Council of Rome under Gregory the ſeventh, Anno. 1078. The Council of Lateran, Anno. 1119. under Calixtus the ſecond (chiefly ſummoned againſt Inveſtitures) The Council of Lateran under Inn…cent the ſecond, A…. 1129. and other Popes Decrees regiſtred by Gratian Diſtinct. 63. 70. and Cauſa 16. qu. 7. the Right not only of our own and other Kings Inveſtitures of 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 p. 17other 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 theyffSee 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.Jas 5 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 onelyonly, in ſuch caſes as our Law allows of; as namely.

1. In caſe ofggRaſtals Abridgement, Fitzherbert, & Brook, Tit. For…eiture, Eſcheat Treaſon. 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.

p. 182. In caſe ofhhWest. 2. c. 5. Cook 2. Instit. p. 358. and the Law books there cited. 35. H. 6. 54. H. 60. 64. 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;iiCook. 10. Rep. ſ. 55. &c. Popiſh Patrons during their Recuſan…y onelyonly, being diſabled to preſent or grant any avoidance of any Churches or Eccleſiaſticall Livings after conviction; and their right of Preſentation granted to the Ʋniverſities of Oxford and Cambridge, by the Statute of 3. Jac. chap. 5.

4. In caſe ofkkCook 1. Inſtit. f. 120. a. See Hostienſis, Summa Angeca, Roſella, & Thomas zerula. Tit. Simonia. Symony, which forfeits and voids the Preſentation, Inſtitution, and Induction, for that term onelyonly, 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 ſomell9. H. 6. 57. Brook Forfeiture 73. 104. 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 onelyonly, but not of the next avoidance; and that by the Common, as well as mmSūma Angelica Tit. Jus Patronatus ſect. 16Canon 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 onelyonly; which upon conſideration of all nnSee 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.our Law-books, and the arguments pr… & contra, I alwayes conceived to be a late injurious uſurpation upon p. 19the 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, ourooMag. Charta. c. 13 52 H. 3. c. 12, 13. E. 1. c. 5. 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 appWeſtm. 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 there quoted. 38. H. 6. 10. 21 26. H. 8. 3. 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 no right to preſent, preſented a Clerk by wrong to his Church, and his Clerk was admitted thereto by the Biſhop, before the Statute of Weſtminſter 2. chap. 5. which Writ no Tenant in Tail or for life, could ſue at the Common Law after any uſurpation ſuffered by them; nor any Purchaſer or Heir in Fee-ſimple, but ſuch who could alledge a Preſentation to the Church in themſelves, or their Anceſtors from whom the Advowſon deſcended to them. And this is the form of the writ. Rex, &c. praecipimus tibi quod ſine delatione PLENUM RECTUM TENEAS W. de 2. DE ADVOCATIONE ECCLESIAE de L. quam clamat pertinere ad liberum tenementum ſuum: or Praecipe A. quod IƲSTE &c. reddat B. Advocationem Eccleſiae de S. quam ei INIƲSTE DEFORCIAT, ut dicit. The very Title and form of which Writ of RIGHT, undeniably demonſtrate, that Patrons of Churches have a moſt juſt and legall Right of Inheritance in their Advowſons of Churches, which the Common Law takes ſpeciall care to preſerve by a Writ of RIGHT (of the higheſt nature) and to reſtore to the Patrons both juſtly and ſpeedily, without delay. p. 20when unjuſtly and forcibly outed thereof by any Uſurpers whatſoever.

The Second isqqWest. c. Cook 2 Inſtit. p. 364. Regiſter f. 29. b. 4. E. 3. 28. 38. E. 3. 13. a. Fitz. Natura Brev. f. 45. Dr. and Student. c. 25. Brook Droit de recto. 8. 38. H. 6. 19. Brook Prohibition 7. a Writ DE RECTO DE ADVOCATIONE DECIMARƲM; which lieth in this caſe, if there be two Patrons of two adjoyning Pariſh Churches, and the Incumbent of one of the Patrons demandeth Tithes in the ſpirituall Court, againſt the Incumbent of the other, and one of the Patrons ſued a Writ of Judicavit to the Biſhop to ſtop the proceedings in his Court, for that the Right of the Patronage ſhould come in queſtion to his prejudice, if the Tithes belonging to his Church and Incumbent ſhould there be given from them by the Biſhop, without a legall triall by Jury at the Common Law: in this caſe the Patron of the Clerk prohibited to ſue for the Tithes before the Biſhop by the Judicavit, ſhall have this VVrit, by the Statute of Weſtminſter, 2 chap 5. in this Form. Praecipe A. quod reddat B. ADVOCATIONEM DECIMARUM (Medietatis, tertiae, quartae partis, or of a leſſer part; as unius curucatae terrae, &c. as ſome books are) and if the right be found at the Common Law for the Patron who brings this VVrit, his Clerk formerly barred and remedileſſe by the Judicavit, ſhall proceed in the Biſhops Court to recover the Tithes againſt the other Incumbent.

The Third is arrMag. Charta c. 10. 8▪ E. 1. rat. 26. West. 2. c. 5. Brac. con. l. 4 f. 216. Fleta. l. 5 c. 17. Regiſs. f. 30, 31. S…atham, Fitzherbert, Brook, Aſh Natura Brevium Tit. Aſſiſe de Darrein preſentment. Cook 2. Inſtit. p. 357. VVrit of Aſſiſe Darrein Preſentment; or Aſſiſae ultimae Praeſentationis: being a VVrit onelyonly of Poſſeſſion; whereby the Patron who by himſelf or his Anceſtors preſented the laſt Incumbent to the Church, which was inſtituted and inducted, ſhall recover the poſſeſſion thereof againſt the Diſſeiſor or Uſurper thereof. This VVrit required the Sheriffe to ſummon twelve free and lawfull men of the vicenage to inquire upon oath: Quis advocatus tempore Pacis praeſentavit ultimam perſonam quae mortua eſt, ad Eccleſiam de S. quae vacat &c. & cujus Advocatio idem A. dicit ad ſe pertinere. Et Summoneas, &c. B. qui Advocationem illam ei deforciat, quod tunc ſit ibi audiendum illam recognitionem. And this is a VVrit originall at the Common Law, not given by Statute, proving a Diſſeiſing of the Patrons Freehold.

p. 21The Fourth is, the moſt uſuall and common Writ, of Quare Impedit, the form whereof is this:**Regiſter f. 30. 60. & New Natura Brevivium. Quod permittat à preſentare idoneam perſonam ad Eccleſiam de B. quae vacat, & ad ſuam ſpectat donationem, ut dicit; & unde quaeritur quod praedictus D. eum INIƲSTE IMPEDIT, &c. Which Writ lyes for any Heir, Purchaſer and Patron of an Advowſon in Fee, Fee taile for life, years; grantees of the next avoidance onelyonly, for Executors, Tenants in Dower, Tenants by the Courteſie, Guardians or others who have right to preſent to any Church or Benefice, though they never preſented before; and that either againſt the Biſhop or Ordinary, uſurper, and uſurpers Clerk admitted by the Ordinary, or one two or all of them, (as the caſe requires) for hindering them to preſent their Clerks to the Churches, whereof they are Patrons. By this Writ, the Patron in ſome caſes ſhall recover his Preſentation, and in ſome caſes two years profits of the Church in Dammages, where he loſeth his preſentation for that time, till the next avoidance. The Law and learning concerning this Writ being very copious, I ſhall refer you to the Statute of Weſt. 2. ch. 5. and Cooks commentary thereon. p. 356, &c. His firſt Inſtitutes f. 314. 344. Statham, Fitzherbert, Brook, and Natura Brevium. Tit. quare Impedit. Regiſter f. 30. Glanvil. l. 6. c. 17. l. 13. c. 20, 21. Bracton l. 4 f. 246, 247. Britton ch. 94. Fleta l. 5. c. 12. to 17. I ſhall onelyonly obſerve from the words of this Writ; That every Patron by the reſolution of our Statutes and Laws in all ages, hath a juſt and lawfull right to preſent a fit Perſon to his Church, when void, that it is injuſtice in any to diſturbe him in his Preſentation; for which he ſhall recover good dammages againſt him. This is an Originall Writ at Common Law, before any Statute.

The Fifth is, a Writ,**Regiſter f. 31. Nat. Brevium, Statham, Brook Fitzherbert, Aſh. Title. Ne Admittas. Ne admittas, directed to the Biſhop or Ordinary of the Dioceſſe, prohibiting him (when two or more pretend themſelves Patrons to a Church which is void, are at ſuit in the Kings Courts one with another about the right of the Advowſon (by writ of quare Impedit, Aſſiſe of Darrein preſentment, right of Advowſon or the like) not to admit either of their Clerks, or any other to the Church, till it be determined by Law, to which of them the Advowſon or Preſentation of p. 22right belongeth. This writ is to prevent the Biſhop from doing any prejudice to the rightfull Patron, or to preſent to the Church by Lays pending the ſuit between the Pretenders to the Patronage.

The Sixth is, a Writ**Regiſter f. 31. 33. Nat. Brev. Fitz. Brook Aſh Tit. Ne Admittas 21. H. 7, 8. De Clerico admittende, directed to the Ordinary; enjoyning him to admit the Clerk of that Patron, who recovers in the Kings Court, notwithſtanding the former Writ of Ne admittas directed to him. The like Writ lyes, when the parties agree amongſt themſelves which of them ſhal preſent, and alſo when the Ne admittas was granted upon a falſe ſuggeſtion, that there was a ſuit depending between two Patrons, when there was none.

The Seventh is, a Writ of**Regiſter f. 32. No. Nat. f. 47. old Nat. Brook Statham Fitz. Aſh. Tit. quare non admiſit. 34. H. 6 41. 38. H 6. 14. 7. H. 4. 25. 21. H. 7. 8. quare non admiſit, directed to the Ordinary, when he refuſeth to admit the Patrons Clerk, recovers in the Kings Court his Preſentment to the Church in an aſſiſe of Darrein Preſentment, quare Impedit, or Writ of Right, upon a Writ De Clerico admittendo firſt directed to him. It is grounded on the judgement and Record in Court: And this Writ is, to ſummon the Biſhop to appear before the Kings Juſtices, who gave the judgment for the Patron, to ſhew cauſe why he refuſed to admit his 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**Register old and new Nat. Brevium Aſh. Tit. quare Incumbravit. 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,**Regiſter f. 33 34. a Writ of Prohibition to the Biſhop, prohibiting him to hold Plea in Court Chriſtian, DE ADVOCATIONE p. 23Eccleſiae 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**Regiſter f. 35 36. Weſtm. 2. c. 5 Glan vil. l. 4. c. 13. …racton l. 5. c. 402. b. Brit. f. 260. 4. 6. 3. 27. 7 Ed. 3. 42. 31. H. 6. 14. No. Nat. 45. 38. H. 6. 20, 21. 12. E. 4 13. 2 H. 7. 12. Cook 2. Inſtit. p. 364. 265. Seldens Hiſtory of Tithes, cap. 14. ſect. 3. 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 p. 24the 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 p. 25the 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, ſhalbe 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, ſhalbe 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 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, p. 26the Commons well agreed, and that it ſhould be made into a Statute.

VVhichWhich was done accordingly, as you may read in the Statutes at large, 2 H. 4. c. 4. From which memorable Petition and Record, asbbSee Mr. Seldens History of Tithes. ch. 6. p. 120, &c 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 RELIGIOƲS PERSONS, condemned in this whole Parliament,ccPetrus Beſtaſis Epiſt: 82. Joan. Sarisb. de Nugis Curialium l. 7. c. 21. and ſundry others. 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 ofddSee Fitzherbert and Brook, Title, Aid and Quare Impedit, and Aſhes Tables. 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 p. 27future 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 onelyonly 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, p. 28prevented 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,eeZech. 13. 7. Matt. 26. 31, 50. Mark 14. 27. 50. John 10 11, 12.Zech 13:7Matt 26:31Matt 26:50Mark 14:27Mark 14:50John 10:11John 10:12 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 theſeffMatth. 7. 15, 16.Matt 7:15Matt 7:16 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 p. 29pretext they are Popiſh, and Antichriſtian) and make them a prey and 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, ggLilburn tryed and caſt. p. 39, 40, &c. 142. to 148, 154. and elſewhere.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 onelyonly 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 hhp. 164.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?

p. 30To 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 **S…e my ſovereign power of Parliaments part 1, 2, 3. Mat Paris, Walſingham, Speed, Daniel, & others, in the lives of king John, Henry, 3 Edw. 1, 2, 3. Cooksinſtitutes on Magna Charta th…gl…ſſary, 25 E. 1. c. 1 &c. 28. E. 1. c. 1. Conſervatio Chartarum.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 archtraitors to the King and Kingdome, and guilty of high treaſon, **Canterburies doom, p. 25. Straffords Articles and Bill of Attainder, Mr. St. Johns Argument at Law at his Attainder.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, p. 31(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**See Walſingham, Speed, Gra…on, Holinſhed, Stow, Baker in 11. R. 2. and M. St. Johns Speech againſt the Shipmony, Judges, worthy the preſent peruſall of grandees of the long Robe. 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**Walſingham Hist. Ang. p. 54, 55. Fox Acts and Monum. Vol. 1. p. 445, 446. Speeds Hiſt. p. 657, 658. Cook 2. Inſtitut. p. 98. 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 p. 32aſtringimur, 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 bynnWalſingam Holinſhed, Speed in 32 H. 5. 28 E. 1. and Ypodigma Newſtriae Cooks 2. Inſtit. p. 225. to 280. Statutes at large. 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 p. 33of 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 onelyonly 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 onelyonly 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. VVhichWhich 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 theirooExact Collection, p. 22, 23. 309, 316. 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 p. 34ſhould be **A thing now quite forgotten and neglected.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 onelyonly 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 p. 35all perſons, under which they muſt inevitably periſh. Whereupon they thus conclude. Theſe arguments are ſufficient to PERSWADE ALL MEN (but not this Pamphleter ppIn …heir ſcurrilous, alſurd, lying pregn…ſtications; full of railings againſt our Laws, as well as Miniſters & Tithes.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 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 CommonVVealth, 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**Annalium pars poſterior p. 609. Seldeni Notae ad Eadmerum p. 189. 190. Lamb. Archaion. f. 138. 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, p. 36alteration, 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**p. 608. 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**Totles Mag. Charta f. 164. Exact Collection p. 268, 290, 291. 706, to 716 The firſt part of my Soveraign Power of Parliaments, p. 51. to 71. To confirm by Oath, grant and keep p. 37to 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,**Rom. 2. 8. And thinkeſt thou this O man, that judgeſt them who do ſuch things, and doeſt the ſame that thou ſhalt eſcape the judg ment of God?Rom 2:8 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 p. 38Realm (three Traytors lands there ſpecified onelyonly 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 onelyonly 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 the Subjects of England, to alter or innovate the FUNDAMENTALL (mark the word) and ancient Laws, Priviledges and good Cuſtomes of this Kingdome: whereby not onelyonly his Regal authority, but the peoples ſecurity of Lands, livings, and Priviledges (both in generall and particular) are preſerved and maintained. And **See the ſelf-ſame expreſſions in King Charls Declaration, Decem. ber 21. 1641. Exact Collection, p. 28, 29. The Law is the Inheritance of every Subject, and the onelyonly ſecurity he can have for his Life, Liberty, or Eſtate: and the which being neglected, or diſeſteemed (under what ſpecious ſhews ſoever) a very great meaſure of Infelicity, if not irreparable confuſion, muſt without all doubt fall upon them. And we doubt not it will be the moſt acceptable Declaration a King can make to his Subjects, that for our parts we are reſolved, not onelyonly duely to obſerve our ſelf, but to maintain them againſt what Oppoſition ſoever, though with the hazard of our being.by the aboliſhing or alteration of the which, it is impoſſible but that preſent Confuſion will fall upon the whole STATE and FRAME of this Kingdome. His MAJESTIES p. 39humble, loving and faithfull Subjects, have not onelyonly conceived The Weight of His Majeſties Reaſons, but apprehend to their unſpeakable Joy and Comfort, his plain, clear, and gracious intention to Seek no other Changes or Alteration, but of ſuch particular, temporary, and indifferent manner of Statutes, and Cuſtomes (here put in contradiſtinction to fundamentall, generall and perpetuall) as may prevent and extinguiſh all and every future queſtions, &c. The Lord grant that theſe new Projectors and Pamphletors endeavoured Changes and reall Alterations of our fundamentall, ancient, ſtanding Lawes, priviledges Cuſtomes, government in relation, both to our Church and Realm, may not bring ſuch preſent confuſion upon the whole State and frame of both, and deſtroy this onelyonly ſecurity, preſervation and Maintenance of this Nations, peoples Lands, liberties, priviledges, Lives, both in generall, and particular, and all our Patronages, Churches, Miniſters, Rectories, and Religion too, which too many publick Enemies hope for and deſign.

Seneca in Medea.

Qui aliquid ſtatuerit parte inaudita altera, licet rectè ſtatuerit HAVD AEQVVS EST JVDEX.