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

JUS PATRONATƲS OR A Breif Legal and Rational Plea for Advowsons, &c.

THE present Injurious, that I say not un∣righteous Designe, of some Anabaptisti∣cal 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, con∣t••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 Com∣mon Law of England, the Liberty and Property of the sub∣ject, 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 con∣taining 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 anda 1.1 Anabaptistical plot, to suppresse sub∣vert all our Parochial Ministers, together with their Mini∣stry, throughout the Nation at once; which will n••c••ssa••r••ly,

easily and speedily be effected, when deprived of the legal Pa∣tronage, countenance, assistance of their Patrons, and expos∣ed to the arbitrary Injustice of these new Projectors and their Agents.

2. A like designe, tob 1.2 Abolish all Parochial Congregations; and then to demolish to the ground all Parish Churches and Chappels (for if they were* 1.3 razed to the ground: IT WOULD BE WELL, writes Canne;) or else to dispose of them otherwise and better to such (Anabaptists and Ie∣suites) as will freely declare the misteries of the Gospel (or rather ofc 1.4 iniquity) to the people; for a time, and then fl••ece them afterwards.

3. A Sacrilegious project, tod 1.5 abrogate all our Ministers ancient maintenance by Tythes, Glebes, Rectories; and dis∣pose 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 Fa∣milies.

4. A present erection of a new unordained, vagrant, iti∣nerant, irregular, stipendiary Ministry (if it deserve that ti∣tle) 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 A∣nabaptistical predicants at home) to vent their Anabaptisti∣cal, Jesuitical, Monkish Errors, Heresies, Blasphemies, Innovations, Whim••ies (to divide and distract the people into endlesse Sects, Schismes, Conventicles, Heresies, Con∣tentions, Factions in all Parishes, Places) to the utter deso∣lation of our Church, subvertion of our established Protest∣ant Religion, and enslaving of our Nation at last to the Anti∣christian 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 Eng∣l••sh Jesuit, in his Memorial for Reformation, written at Sevil in Spain, 1596▪ as you may read at large in William

Watson his Quodlibets, Printed: 1602. p. 92. 93. 144. 289. William Clark, his Reply to Father Parsons L••ble: publish∣ed. 1603. fol. 74. 75 (both Seminary Priests) and Parsons h••s own Manifestation. fol. 56. 57. Yet now eagerly prose∣cuted by John Cann•• in his voyce. p. 24. to 30. and other Anabap••ists, who are but the* 1.6 Jesuits instruments, confe∣derates 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, Reve∣nues of our Churches, and all the Bounty, Piety, Charity of our Religious Ancestors to Gods Church and Ministers, most impi∣ously s••cralegiously dissipated, substracted, prophaned, invaded, plundered, demolished, perverted to quite contrary uses; and the Heires, Successors, Assignes of all such who at their pro∣per 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 dis∣inherited and deprived of their anc••ent unquestionable lawfull Rights to present any future Encu••bents to them, wh••n voyd; disabled (* 1.7 contrary to our Lawes and com••on ••qui∣ty, 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 Par∣ish Churches and of Patrons Titles to present Encumbe••ts to them, unknown to most; which will fully discover the equi∣ty

& justice of this their Right, which some deem unreasona∣ble, 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. Hen∣ry▪ Spelman in their Gl••ssaries, Calvins Lexicon Jurid••cum, Summa Angelica, Rosella, Hostiencis, Antonius Corsetus (his Repertorium) and Thomas Zerulu (his Praxis Episcopa∣lis) titled Advocatus.

The Title Patronus or Patron of a Church is of the self∣same signification, and imports the same Office and Duty as Advocatus; and it is somewhat more large then it; implying not only a Patronage, Protection or Defence of the Incum∣bents 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;* 1.8 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 in∣vaded by Hereticks and Shismaticks; (upon which account

the Pope bestowed the Title ofe 1.9 PATRON or DEFEN∣DER OF THE FAITH, upon our King Henry the Eight, for writing in Defence thereof (as he conceived) against Lu¦ther, and likewise by the purse; by supporting, repairing the Fabricks of the Churches they, o•• their Predecessors, first erect∣ed, 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 thef 1.10 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 Glossa∣rium: and Codex Legum Antiquarum. Leges Wisigotho∣rum. 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, be∣cause they reap their carnal things. 1 Cor. 9. 11. Phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9, 10, 11. 2 Timothy 1. 16. 17. 18.

g 1.11 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 Eng∣land since were stiled, Defendor of the fait••. H••nce those two verses over the Cou••sel-Chamber door in Guilds Hall London.

Carolus, Henricus vivant, DEFENSOR uterque; Henricus FIDEI, Carolus ECCLESIAE.

The reason of which Title was, because the Emperor Charls, when Crowned at Bologna by Pope Clement, the seventh, took this solemn Oath. Ego Corolus, &c. Pollicior, testi∣ficor atque juro, me in posterum pro viribus, ingenio et fa∣cultatibus meis Pontificiae Dignitatis et ROMANAE EC∣CLESIAE PERPETƲƲM FORE DEFENSOREM, nec ullam ecclesiasticae Libertati vim illaturam; Sed potesta∣tem, jurisdictionem et dominationem ipsius, quoad ejus fieri potest CONSERVATƲRƲM. And the Emperor Ferdi∣dand the second in the Articles of Capitulation with the Princ∣es Electors, promised during all his Raign: Ʋniversam Christianitatem, &c. Et CHRISTIANAM ECCLESI∣AM TAN QƲAM ILLIƲS ADVOCATƲS, FIDE∣LI 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 Ti∣tles 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.

Theh 1.12 Statute of Westminster, the 2. 13. E. 1. c. 1. re∣cites, 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 begot∣ten, the Land so given should revert to the giver, or his heir, that yet the Doners by their Deed and Feofment might disin∣herit 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 DI∣RECTLY REPƲGNANT TO THE FORM OF THE

GIFT, which SEEMED VERY HARD TO THE GIV∣ERS, AND THEIR HEIRS, THAT THEIR WILL EXPRESSED IN THE GIFT WAS NOT OBSERV∣ED 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 & EXPEDI∣ENT 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 OB∣SERVED; So that they to whom the Land was given un∣der such condition, SHALL HAVE NO POWER TO ALIEN THE LAND SO GIVEN;* 1.13 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 rati∣fied 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 Adow∣sons, and the Fabricks, Lands and Endowments originally given by them, or their Ancestors to the Church. And In∣cumbents 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 Patron∣ages, Advowsons, and Reversions of them, which they com∣monly or specially reserved to them upon their Original Foun∣dations 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 thati 1.14 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 presen∣tations

upon voydances, or of the fayl, Fabrick, Rectories, Glebes, and other Endowments conferred by them on Pa∣rish 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 en∣deavor) 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 theirk 1.15 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 ex∣press will, especially without the Patrons consent and con∣curence. And thereforel 1.16 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 contrafor∣mam 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, Possessi∣on, Use, Benefit of those Churches, Chappels, Rectories, Glebes, Tithes, wh••ch our pious Ancestors have Solemnly de∣voted, and dedicated to them, against their manifest wills, intentions, (yea m Solemn Execrations and Anathemaes) mentioned in their original Charters of Foundation and Dedi∣cation,* 1.17 and to turn them to any other prophane uses. Yea a gross injury and indignity to the Patrons of them, whose ori∣ginal Right to Advowsons and Presentations, I shall now briefly manifest out of Histories, Canonists and common Law books.

In the beginning of Christianity, the Apostles, and Mini∣sters of the Gospel next succeeding them, (as is evident by then 1.18 Acts of the Apostles, Pauls several Epistles to the Churches of Rome, Ephesus, Corinth, Colosse, Philippi, Thessalonica (all famous Cities) Tit. 1. 5. ando 1.19 Eccle∣siastical Histories) first preached the Gospel, fixed their re∣sidence, planted, gathered, erected Churches both of con∣verted Jews and Gentiles, only in chief Cities of great re∣sort; 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;p 1.20 thereupon some Christians began to erect Churches, Chappels, and Oratories, in Country Villages, by publick Contributions of well-affected Converts at first, sup∣plyed by such Ministers who resided with the Evangelical Bi∣shops 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 Dioclesi∣an, and other Persecuting Pagan Emperours; it pleased God to raise upq 1.21 Constantine the Great (our famous Countryman, born at York, and the first Christian Empe∣rour) 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 Mu∣nificence 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

Churches, Chappels, Oratories, in all Christian Realms, and in this our Iland, within their respective Mannors, Lord∣ships, Lands, Territories, neer their own Mannor or Man∣sion Houses for the most part, (as we see at this day by ocu∣lar experience in most places of England and other Nations) for themselves, their Wives, Children, Families, Tenants ease and convenience, where they might constantly meet to∣gether 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 a∣ble 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, Re∣venues, by special Charters and Instruments (r 1.22 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,s 1.23 two or more Lords and Landed men concurred, where they had Lands in common or contiguous, but in most of them, one Lord a∣lone, 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, pro∣ceeded originally from these Founders Bounty, Piety, Do∣nation, 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 accor∣ding

to their ordinary valuation;) both thet 1.24 Common, Canon, Civil Lawes of our own, and other Realms, and the very Dictates of Reason, Iustice, Equity, held it reasona∣ble, 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 no∣thing 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 ad∣mit 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 Foun∣ders and Patrons only: as it is at this day a meer Grace and Favour, in our Inns of Court, Colleges, and some Noble∣men and Gentlemen in the Country, to permit their Neigh∣bours 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, Be∣nefactors, 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

was built. Perchance in some cases these three were distin∣guished, 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 in∣fernal zeal, only to eat up Gods House; diametrically con∣trary to the zeal of our pious Ancestors, yea of holy Da∣vid, 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 zea∣lous 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, sti∣led v 1.25 Jus Patronatus, Advocatio, Jus Presentandi, &c. and in English, A Patronage, or Advowson: And he who enjoyed this Right of Patronage, Presentation, or Advow∣son, was stiled Patronus, or Advocatus, a Patron or Ad∣vocate, 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* 1.26 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 Pa∣tron or Advocate; Advocatus est ad quem pertinet Ius Ad∣vocationis alterius Ecclsiae ut ad Ecclesiam nomine proprio non alieno possit praesentare. And Angelus de Clavasio, Panormi∣tan, with other Canonists thus define a Ius Patronatus est, Ius hon••r••ficum, onerosum & utile olicui competens in Eccle∣sia, pro eo quod Diocesani consensu eam construxit, fundavit vel dotavit; ipse vel is a quo causam habuit. Et dicitur ho∣norificum, 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

si 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 Dedi∣cation; an example whereof we find in the life ofx 1.27 Ulri∣que Bishop of Auspurg, in one of his dedications about the year 950. where Consecratione peracta, d••teque contradita, comprotato illic Presbytero, Altaris procurationem commenda∣vit, & ECCLESIAE ADVOCATIONEM FIRMITER LEGITIMO HAEREDI PANNO IMPOSITO, COM∣MENDAVIT. This Right of Foundership cannot be es∣chete 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, sub∣stance, with they 1.28 F••unders of Bishopricks, Deaneries, Prebends, Abbies, Priories, Chauntries. Hospitals, Col∣leges, Free-Schools. Almes-houses, Fellowships, Scholler∣ships, 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 o∣ther persons as they think meet to in••rust, and to nominate, present or collate Bishops, Deans, Prebends, Abbots, Priors, Priests, Masters, Wardens, School-masters, Schol∣lers 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 mag∣nificent Temples of the Lord at Ierusalem, appointed, ordered, the Priests, Levites, Porters, with all other Officers at∣tending 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

them 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 Vine∣yard, 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, clai∣meth 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 Foun∣ders of Churches by the like reason, in their degree may do the like, without any wrong or prejudice to the Parishi∣oners 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 asz 1.29 Appendant to the Ma∣nors 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 Appurte∣nances 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, yeaa 1.30 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

Angelica and Rosella, Innocentius, Hostiensis, Lindwood;b 1.31 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, withc 1.32 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. Ind 1.33 elder times, the Founders, and Patrons of Churches had such a full and absolute Interest in them, and in all the Temporal∣ties, 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, Insti∣tution, 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,e 1.34 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

Charters, 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 a∣ny 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 Constan∣tinople, 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 un∣der 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 Foun∣ders) only per Annulum & Baculum, but of all Lay Pa∣trons Investitures of their Clerks to any Benefices, or other Ec∣clesiastical 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 per∣mitted to give full possession to their Clerks of the Churches, Rectories, Glebes, Tithes and Profits, whereof they have the Patronages, by giving them Livery and Se••sin, of them by the Ring of the Church-door, or delivering them the Keys of the Church or Rectory without any further Ceremony, or

other institution or induction by any other strangers hands.

The Right of all Patrons and Presentations to Church∣es 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 Conside∣rations. Both which Tithes, as theyf 1.35 are legal, just, rea∣sonable, 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, esta∣blished, 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 avoi∣dance onely, in such cases as our Law allows of; as namely.

1. In case ofg 1.36 Legal Attainders for Treason or Felony, for which the Inheritance of Advowsons Appendant or in Grosse are forfeited to the Crown, or Lord by Escheat, as well as other Inheritances.

2. In case ofh 1.37 usurpation upon a Purchaser of an Advowson and six Moneths plenarly, without any action or Quare Impe∣dit brought by him against the Usurper; in which case the Inheritance of Advowson is utterly lost by the Conr∣mon 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 usur∣pation.

3. In case of Recusancy;i 1.38 Popish Patrons during their Re∣cusan••y onely, being disabled to present or grant any avoidance of any Churches or Ecclesiasticall Livings after conviction; and their right of Presentation granted to the Ʋniversities of Ox∣ford and Cambridge, by the Statute of 3. Jac. chap. 5.

4. In case ofk 1.39 Symony, which forfeits and voids the Presentation, Institution, and Induction, for that term onely, and transferres them to the Crown; by the Statute of 31. Eliz. chap. 6. and likewise forfeits the double of one years profits of every Benefice presented by Symony, to the King, which the corrupt Patron is to pay.

5. In the case of Outlawry; which forfeits Patrons actu∣all avoydances before or during the Outlawry to the Crown, as somel 1.40 Law-books resolve.

6. In cases of negligence when and where the Pa∣trons neglect to present a sufficient Clerk to the Church within six moneths space after the avoidances by the Incumbents death, without notice, or within six moneths after notice given by the Ordinary in cases of resignation, or deprivation. After which time the Ordinary by Law may present by Lays, to supply the Church through the Patrons defect, ••••d so deprive him of that Presentation onely, but not of the next avoidance; and that by the Common, as well asm 1.41 Canon Law.

7. Our Kings and Princes of late times, when they made any Incumbent, a Bishop used (by colour of their Prerogative) to present to the Incumbents Living void by this Translation, and so deprive the Patron of his right for this time onely; which upon conside∣ration of alln 1.42 our Law-books, and the arguments pr•• & con∣tra, I alwayes conceived to be a late injurious usurpation upon

the Patrons Right, and no true nor ancient Prerogative setled in the Crown. As for the Kings, and other Guardians in Chivalry usuall Presentations to the Churches of their Wards, during their Wardship and Minority, It was no prejudice to their Wards being in affirmance of their Right, and a Priviledge given them by our Laws, during the Wards Minority and want of discretion to make choice of able Incumbents to sup∣ply the cure. In all other cases but these, ouro 1.43 Parlia∣ment and Laws took speciall care for the security and invio∣lable 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 ap 1.44 Writ De RECTO DE ADVOCATIONE, or DROIT de Advowson, as our Statutes and Law-books phrase it in English, A Writ of RIGHT OF ADVOW∣SON. This was a Writ originall at the Common Law, triable by Duel or the grand Assize, which every Patron of Inheri∣tance 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 Bi∣shop, 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 Ad∣vowson descended to them. And this is the form of the writ. Rex, &c. praecipimus tibi quod sine delatione PLENUM RE∣CTUM TENEAS W. de 2. DE ADVOCATIONE ECCLE∣SIAE de L. quam clamat pertinere ad liberum tenementum suum: or Praecipe A. quod IƲSTE &c. reddat B. Advocationem Eccle∣siae de S. quam ei INIƲSTE DEFORCIAT, ut dicit. The very Title and form of which Writ of RIGHT, undeniably de∣monstrate, that Patrons of Churches have a most just and legall Right of Inheritance in their Advowsons of Church∣es, which the Common Law takes speciall care to pre∣serve by a Writ of RIGHT (of the highest nature) and to restore to the Patrons both justly and speedily, without delay.

when unjustly and forcibly outed thereof by any Usurpers whatsoever.

The Second isq 1.45 a Writ DE RECTO DE ADVOCATI∣ONE 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 o∣ther, 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 preju∣dice, if the Tithes belonging to his Church and Incum∣bent should there be given from them by the Bishop, with∣out 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 DE∣CIMARUM (Medietatis, tertiae, quartae partis, or of a les∣ser part; as unius curucatae terrae, &c. as some books are) and if the right be found at the Common Law for the Pa∣tron who brings this VVrit, his Clerk formerly barred and remedilesse by the Judicavit, shall proceed in the Bi∣shops Court to recover the Tithes against the other In∣cumbent.

The Third is ar 1.46 VVrit of Assise Darrein Presentment; or Assisae ultimae Praesentationis: being a VVrit onely of Posses∣sion; 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 there∣of 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 advoca∣tus 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 recognitio∣nem. And this is a VVrit originall at the Common Law, not given by Statute, proving a Disseising of the Patrons Freehold.

The Fourth is, the most usuall and common Writ, of Quare Impedit, the form whereof is this:* 1.47 Quod permittat à presentare idoneam personam ad Ecclesiam de B. quae vacat, & ad suam spectat donationem, ut dicit; & unde quaeritur quod prae∣dictus 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 avoid∣ance onely, for Executors, Tenants in Dower, Tenants by the Courtesie, Guardians or others who have right to pre∣sent to any Church or Benefice, though they never presen∣ted before; and that either against the Bishop or Ordina∣ry, usurper, and usurpers Clerk admitted by the Ordina∣ry, 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 con∣cerning this Writ being very copious, I shall refer you to the Statute of West. 2. ch. 5. and Cooks commentary there∣on. p. 356, &c. His first Institutes f. 314. 344. Statham, Fitz∣herbert, Brook, and Natura Brevium. Tit. quare Impedit. Re∣gister 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 onely ob∣serve 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 Pre∣sentation; 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,* 1.48 Ne admittas, directed to the Bi∣shop 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 pre∣sentment, right of Advowson or the like) not to admit ei∣ther of their Clerks, or any other to the Church, till it be determi∣ned by Law, to which of them the Advowson or Presentation of

right belongeth. This writ is to prevent the Bishop from do∣ing any prejudice to the rightfull Patron, or to present to the Church by Lays pending the suit between the Pre∣tenders to the Patronage.

The Sixth is, a Writ* 1.49 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 sug∣gestion, that there was a suit depending between two Patrons, when there was none.

The Seventh is, a Writ of* 1.50 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 dire∣cted 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* 1.51 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,* 1.52 a Writ of Prohibition to the Bishop, pro∣hibiting him to hold Plea in Court Christian, DE ADVOCA∣TIONE

Ecclesiae de N. vel Medietatis, vel Tertiae partis, vel quatiae partis Ecclesiae de N. unde G. queritur, quod R. Episco∣pus Sarum trahit eos in placitum coram vobis in Curia Christia∣nitatis: quia placita DE ADVOCATIONIBUS ECCLE∣SIARUM 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* 1.53 Judicavit: where two Incum∣bents of two neighbour Churches presented by several Pa∣trons 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 Ad∣vowson 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 pre∣judice 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 o∣thers interrupt or disturbe his right of Presentation, or Incumbent, when presented before or after Iudgement gi∣ven 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 con∣tempt shall be attached, committed to prison and exem∣plarily punished, as appears by the Register of Writs f. 61, 62, 63, 64. to which I remit the Reader.

The Twelfth, is a Praemunire, in cases when any shall procure or execute any Exemptions or Buls from the Pope (as

the Cistertians did) to be exempted from payment of Tithes to the prejudice of the Patrons in their Advowsons, as well as of the Incumbents. A severe penalty inflicted on them by the Statute of 2 H. 4. c. 4. which Statute as Printed, because it mentions nothing at all relating to Patrons; I shall therefore transcribe the Petition in Parliament, and the Act made thereupon verbatim out of the Parliament Roll it self, which is most punctual, full and considerable, ••et unknown to most Lawyers as well as Patrons, whom it concerns.

2 H. 4. Rot. Parl. num. 41. Item a Petition was deliver∣ed 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 en∣sue.

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 Possessi∣ons, 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 Sub∣jects) of your said Realm. Yet so it is, that now of late the said Religious have purchased a Bull of our most holy Fa∣ther the Pope, by the which our said most holy Father hath granted to the said Religious and others your Lei∣ges, That they shall pay no tithes of their Lands, Meadows, Te∣nements, 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 con∣trary notwithstanding. The which pursuit and grant, are ap∣parently against the Laws and customs of your Realm; by reason that diverse Compositions reall and Indenture are made between many of the said Religious and other your Leiges of the prise of such Tithes; also, because that in divers Parishes, the Tithes demanded by the said Religious by colour of the said Bull, exceed the fourth part of the value of

the said Benefices, within whose limits and bounds they are; and so if the said Bull shall be executed, as well you our most doubted Lord, as your Leiges, PATRONS OF THE SAID BENEFICES SHAL LOSE YOUR ADVOWSONS OF THE SAID BENEFICES IN GREAT PART, and the Conusance of them which in this behalf appertaineth, and in all times hath belonged to your Regality, 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 Maje∣sty, by assent of the Lords and Commons assembled in this pre∣sent 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 an∣swered 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 Se∣culars 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 pe∣nalties 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 an∣swer,

the Commons well agreed, and that it should be made into a Statute.

VVhich was done accordingly, as you may read in the Statutes at large, 2 H. 4. c. 4. From which memora∣ble Petition and Record, asb 1.54 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,c 1.55 both in the Pope and Cistertian Monks (the first contrivers of it) even in those times of grossest Po∣pery, 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 prosecu∣tors 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 ho∣ly Father the Popes own speciall Bulls, nor the Conusan∣ces of them any way drawn into the spiritual Courts, a∣gainst 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 con∣curred.

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 ofd 1.56 an de prayer to all Suits and Actions against the Incum∣bents 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 un∣disputable, Just, Legal, Equitable, Rights of Patronage, and

future Presentations to Parochiall Churches, and other Ecclesia∣sticall 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 dishonoura∣ble to our Nation, for the Reasons first alledged. And therefore fit to be nulled and buried in perpetuall Oblivi∣on, without the least execution of it to our Patrons pre∣judice.

[Objection.] Now whereas some pretend,the Right of Patrona∣ges and Presentation to Parish Churches to be injurious to Parishioners, and very mischievous, and therefore, just and fitting to be abolished or taken from the Patrons, and vested in the people.

[Answer.] I answer that the Consideration of the true Originall of Advowsons, and of our Parish Churches, Rectories, Glebes, Tithes, forementioned, proceeding onely from the Patrons bounty, not the Parishioners; and the opi∣nion of all the former ages till now have had of the Ju∣stice, equity, and necessity of countenancing and conti∣nuing 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 in∣coveniences pretended to arise from Patronages and Ad∣vowsons, they are but meere false surmises for the most part; sufficiently presented by the Laws already made a∣gainst Symony and corrupt Contracts, and a vigilant care of Governors and Presbyteries, to admit none but able god∣ly, 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 facti∣ons and divisions in every Parish upon every vacancy a∣bout the choice of a new minister, yea sundry suits and contests between them, to the protracting of the vacan∣cies,

prevented by our single Patronages in one person or two, commonly of good quality and better able to judge and make choice of fitting Ministers than the peo∣ple. 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, injudici∣ous, prophane, neglectfull of Gods publick Ordinan∣ces, and enemies to all soul-searching, soul-saving Mi∣nisters 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 Translati∣on of the future right of Presentation from the Patron to the Parishioners, is a remedy farre worse than the pre∣tended disease, and an introduction of a certain greater mischief to prevent a petty inconvenience. In few words, the Designe of the Jesuiticall contrivers, and Anabaptisticall promoters of this Vote and project is, not to reform any reall mischiefs in Advowsons or our present Patrons, but by Voting of them down, utterly to subvert and destroy our Parochiall Churches, Ministers, Rectories, Tithes Religion (yea our Universities and Schools of learning) by voting down Patronages first, whereon they have d••∣pendance. They all remember that antient project and policy of their Tutor Satan,e 1.57 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 un∣expected blow, without notice or hearing, and then both our Shepherds and Sheep will soon be smitten, scattered; devoured by thesef 1.58 ravenous Wolves in sheeps cloathing, whose clear professed owned designe is, to sub∣vert, destroy our Parochiall Ministers, Congregations, Churches, Rectories, Glebes, Tithes, Revenues and Advowsons too, under

pretext they are Popish, and Antichristian) and make them a prey and 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 sub∣vert 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 pam∣phlet (wherein he had some hand) said to be published by ALI∣THORITY in Capitalls, in the Title. Wherein he pub∣lickly and shamelesly, I might say TREASONABLY as∣serted, g 1.59 that we have no Fundament••ll Laws and Liberties left us by our forefathers, that may not be altered: the State phy∣sicians of our time (who passed the Vote against Patrons Rights, &c.) being neither bound up to MAGNA CHAR∣TA NOR PETITION OF RIGHT. (nor Writs of RIGHT OF ADVOWSON, he might have added which his next words include) nor ANY OTHER PRESI∣DENTS; but may lay aside either part or whole (as they see cause) and appoint something else, as more seasonable and pro∣per to us, and as providence makes way for it. That to plead for such unalterable fundamentall Laws, is nothingelse but to enslave the Nation, for by such a principle, people not onely lose their Liberty▪ but are brought under such a kind of Tyranny out of whi••h (as be∣ing worse than the Egyptian Bondage) there is no hope of delive∣rance, &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 Parlia∣ments: YEA AND TO LAY ASIDE ALL PARLIA∣MENTARY WAYES; AND CONSTITUTE SOME O∣THER 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 worseh 1.60 conclusi∣on against all Malefactors future Trials by Juries. which he prophecieth to be near an end, and shortly to be swallowed up by the Supreme authori••ity of the Nation. So as neither the Name nor thing, shall be any more in the Common-wealth of England. Is not this to exceed Strafford and Canterbury in High Treason?

To which monstrous passages I shall return these brief Answers.

1. If we have no such Fundamentall unalterable Lawes and liberties, and those he mentions be ••ot such, then* 1.61 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 pre∣sent.

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 impeach∣ing, condemning and beheading Laud and Strafford as arch∣traitors to the King and Kingdome, and guilty of high treason,* 1.62 for endeavouring traiterously to subvert the funda∣mental laws and government of the kingdome, &c. And their frequent excitations of the people in their publike Decla∣ration 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 ex∣pence of treasure and Christian blood, for so many years together, for the maintenance of our Fundamentall Laws, Liberties, Go∣vernment and Parliament Priviledges, if there be no such laws▪ and things, or they so variable, arbitrary and chang∣able at every prevailing parties, and new States Physitians pleasures.

3. That our prudent Ancesters reputed not our Funda∣mentall laws such mutable and repealable toyes, as this ig∣noramus and other Innovators deem them. In the Par∣liament held at Merton An. 20. H. 3. cap. 9. All the Bishops instancing the Lords to give their consent (to alter the ancient Law of the Realm but in this particular) That all such as were born before marriage should be legitimate, as well as those that be born within Matrimony, as to the Succession of Inheritance, for that the Church accepteth such to be legitimate. Thereupon, ALL THE LORDS and BARONS VVITH ONE VOYCE, answered; That they would not change the Laws of the Realm, which hitherto have been used and approved. From which Statutes Sr. Edward Cook in his Second Institutes,

(printed by Order of the Commons House) observes p. 97, 98. That the Nobility (yea G••ntry and People too) of Eng∣land 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 anci∣ent maxime of the common Law: And it is a Note worthy of observation; That whereas at the holding of this Parlia∣ment, 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, re∣member it, least they prove Iudasses to the Law and Realm, and incur* 1.63 Tresylians and his Complices doom for their treachery) both of the Clergie and Laity, did constantly main∣tain the Laws of England, so as no encroachment was made upon them, nor breach unto them, by any for∣reigne power, or upstart domestick Authority: Yea so zealously resolute were our noble ancesters in the defence of our fundamentall Laws, Liberties, Royalties, against all violati∣ons, and alterations heretofore, that in the* 1.64 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, consue∣tudinum & Legum paternarum ex debito praestiti jura∣menti

astringimur, quae manutenebimus toto posse, totis∣que viribus cum Dei auxilio Defendemus. Nec etiam permit∣timus aut aliquatenus permittemus, sicut nec possumus nec de∣bemus, 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 attemp∣tare: Praecipue cum promissa cederent manifeste in Exhaeredatio∣nem Iuris Coronae Regni Angliae & Regiae Dignitatis, ac sub∣versionem Status ejusdem Regni notoriam: Nec non in prae∣judicium libertatis, consuetudinum & legum paternarum. All which Nobles were as zealous in defence & mainte∣nance of the Great Charter and other their Lawes and Li∣berties, that very year, and 25. Ed. 1. against the Kings encroachment by Taxes, or otherwise, as against the Popes; which appears byn 1.65 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 Parlia∣ment, 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 Ca∣thedrall 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 Excommu∣nication twice a year against all those that BY VVORD DEED OR COUNSELL DOE CONTRA∣RY 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, O∣PENLY OR PRIVILY, BY ANY MANNER OF PRE∣TEENCE OR COLOUR: and sequester and exclude them from the Body of our Lord Jesus Christ, and from all the com∣pany

of heaven, and from all the Sacraments of Holy Church. Enacting further, that the Great Charters of the Liberties of England, should be delivered to every Sheriffe of England, under the Kings Seal, to be read four times in the year, before the people in the full County, and firmly observed in every point. And that there should be chosen in every shire Court by the Commonalty of the same shire, three substantiall Knights, or other lawfull, wise, and well dis∣posed persons, to be assigned Justices under the Kings Great Seal, to hear and determine (without any VVrit but onely their Commission) Such plaints as shall be made against all those that commit or offend against any point contained in the said Charters, in the Shires where they be assigned, as well within Franchises as without; and to hear the plaints from day to day, without any de∣lay or delayes which be at the Common Law; and to pu∣nish all such as shall be attainted of any Trespasse, contra∣ry to any point of the aforesaid Charters (where remedy was not before at the Common Law) by Imprisonment, Fine or Ame••ciament, according to the Trespasse. Yea, the Parliament of 42 E. 3. c. 1. held these great Charters such unalterable Fundamentall Laws and Priviledges; that it not onely enacts, they shall be holden and kept in all points; but further, IF ANY STATUTE BE MADE TO THE CONTRARY IT SHALL BE HOLDEN FOR NONE. VVhich Law continues yet unrepealed. Yea, the whole House of Lords & Commons, the last Parliament, were so zealous for the observation and perpetuation of Magna Charta, & the Petition of Right, as unalterable Funda∣mentall Laws, not to be repealed, neglected, altered, vi∣olated upon any pr••tence (being so just and absolutely ne∣cessary for the peoples Liberty and safety, the (Supreme Law) that in theiro 1.66 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 bet∣ter preservation of the Laws and peoples Rights and Li∣berties ••rom Invasion and u••urpation on them; All Coun∣selleu••s and publick Officers of State, Judges, Justices, and She∣riffes

should be* 1.67 specially sworn to the due Observation and Ex∣ecution 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 As∣sises & Sessions, and likewise every Term in the Kings Bench; and to make diligent enquiry of the breaches of them in any kinde to be presented and punished according to Law: as the onely means to make and preserve us a free and happy People. It seems a strange miracle therefore unto me, that any person should be so impudently presumptuous, as to deny these Laws, or any other, to be Fundamentall; to hold them al∣terable and repealable in part or in whole, at any prevailing Fa∣ctions 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 Gran∣dees 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 o∣ther 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 ta∣ken away, all industry must cease, All Misery, Bloud and Con∣fusion would follow; and greater Calamities (if possible) then any faln upon us by the late Kings misgovernment, would certainly in∣volve

all persons, under which they must inevitably perish. Where∣upon they thus conclude. These arguments are sufficient to PERSWADE ALL MEN (but not this Pamphleter p 1.68 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 a∣gainst the King, as one principle crime for which they proceeded capitally against him and abolished Kingly Government; as not governing the people in righteousnesse AC∣CORDING 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 Tri∣all 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 Ex∣cellency, Utility and Necessity, are so largely set forth of old, by Bracton, Britton, Glanvil, Horn, Fortescue de Lau∣dibus Legum Angliae, Sir Thomas Smith in his Common∣VVealth, St. Germin Sir John Davis in his Irish Reports Preface, and Sir Edward Cook in his Reports and Insti∣tutes, that I need not adde thereunto any Panegyrick in their behalf.

4. It is recorded by* 1.69 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 sum∣moned out of every County) without any addition, dimi∣nution,

alteration, or prevarication; upon perusall of them, he commanded the Law of the Danes in case of A∣merciaments and forfeitures (used in Norfolk, Suffolk and Cam∣bridgeshire, 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 alte∣ration in them upon any terms, and never ceased impor∣tuning the King, till he condescended to ratifie and esta∣blish their ancient Laws (so long enjoyed) without any alteration, which* 1.70 Hoveden thus expresseth. Quo au∣dito mox universi Compatriotae, qui Leges edixerant, tristes effecti, UNANIMITER DEPRECATI SUNT, quatenus permit∣teret 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 existen∣te, tandem eum Prosecuti sunt, deprecantes, quatenus pro ani∣ma REGIS EDWARDI qui ei post diem suum concesserat Coronam & Regnum, & CUJUS ERANT LEGES, nec aliorum extraneorum COGERET, QUAM SUB LEGI∣BUS PERSEVERARE PATR••S. Unde consilio habito Precatui Baronum tandem acquievit. Ex illa vero die, visa au∣toritate, veneratae Peruniversam angliam, Corroboratae & obser∣vatae sunt prae caeteris patriae legibus LEGES EDWARDI REGIS, quae prius inventae & constitutae erant in tempo∣re EADGARI avisui. Confirmata verò, vocata est LEX ED∣WARDI 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 profun∣da 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* 1.71 To confirm by Oath, grant and keep

to the People of England the Laws and customs granted to the Commons of England, by ancient just and devout Kings to God; & praesertim, &c. And specially the Laws and customs and liber∣ties granted to the Clergy and People by (this) glorious King Ed∣ward. Whose eight very first laws confirmed by the Con∣queror are for the inviolable preservation of the Goods, Possessions, Lands, Globes, Rights, Priviledges, Peace, Fa∣bricks, Tithes of the Church, Ministers, Scholers, and Pa∣rochial 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 funda∣mentall 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,* 1.72 Judgments, with Mr. St. Johns Argument, and Mr. Browns at their Im∣peachments resolve; since none of our Kings durst at∣tempt 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. Coro∣noe 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 advan∣tage of them, but to do RIGHT to all people, in mercy and truth, according to his Oath: The Realm being formerly in danger to be undone for want of good Government, and by Repealing and breaking the Laws and Customes of the Realm by King Richard the second. And that it was his will, that none should imagine, that by way of Conquest, he would disinherit any one of his Heritage, Franchise or other right, which he ought to have: nor deprive (or out) any man of that he had or ought to have, by the good laws and customs of the

Realm (three Traytors lands there specified onely except∣ed) 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 Eng∣land (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 JUDGE∣MENT, not onely to represent unto us, &c. but also hath vouchsafed to expresse unto us many wayes, how far it is, AND EVER SHALL BE, from his ROYALL, SYNCERE CARE and Affection to the Subjects of England, to alter or innovate the FUNDAMENTALL (mark the word) and ancient Laws, Priviledges and good Customes of this King∣dome: whereby not onely his Regal authority, but the peo∣ples security of Lands, livings, and Priviledges (both in gene∣rall and particular) are preserved and maintained. And* 1.73 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

humble, loving and faithfull Subjects, have not onely conceived The Weight of His Majesties Reasons, but ap∣prehend 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 per∣petuall) as may prevent and extinguish all and every future que∣stions, &c.

The Lord grant that these new Projectors and Pamphletors endeavoured Changes and reall Alterations of our fundamentall, ancient, standing Lawes, privi∣ledges Customes, government in relation, both to our Church and Realm, may not bring such present confu∣sion upon the whole State and frame of both, and de∣stroy this onely 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 statue∣rit HAVD AEQVVS EST JVDEX.

Notes

• a 1.1

  Iohn Cann••, his second voyce from 〈◊〉〈◊〉 Temple to to the higher Powers p••ge 2. 4 5. to 10
• b 1.2

  J••hn Canne Ibid. and page 28, 29.
• * 1.3

  Dav••d, Isay, Jeremy were of another minde. Psal. 74. and 79. I••ay 64. 11, 12 Je••. 52. 13. &c. Lam. 〈◊〉〈◊〉. 7. & Hag. 1 4.
• c 1.4

  2 Thes. 2▪ ••
• d 1.5

  Canne Ibid. p. 1. 2. 10. to 25.
• * 1.6

  See Jubile∣um, ••••ve sp••cu∣l••m 〈◊〉〈◊〉 pr••nted 1643. & my ••••dden w••••ks of d••••k∣ness &c.
• * 1.7

  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.
• * 1.8

  See Tottles M••gna Char▪ f. 16••. E••act Collect▪ p. 268▪ 290▪ 29. 706. •••• 716.
• e 1.9

  See 〈…〉〈…〉 Sa••••ishurien∣•••• De N••wgis C••r l. 6 c. ••0. 13. 〈…〉〈…〉. Ep. 94▪ Car••lus M••∣nenius Delicia 〈◊〉〈◊〉 p. 8. &c. G••l∣dastu•• constit. Tom. 3. p. 400 Pon••••••i. Roma∣num De Bene∣d••ctione nov•• M••l••••is O••••m. Mag. H••st▪ sep. l. 14••▪ c. 6. Mr S••l••••ns Titles of Ho▪ Edit. ult. p▪ 443. 446. to 45••. 458. 546. 548. 579▪ 780, 781, 782.
• f 1.10

  See Mr Sel∣dens Titles▪ Honour par•• 1▪ ch. 5. sect, 4.
• g 1.11

  Peter M••th. Constit. Pontif. f. 2••7. Adam Co••tzen de Re∣p••b. ••. 7. c. 6. 〈◊〉〈◊〉. 2. Mr. ••••l∣dens ••ities of Honour part 1. ch. 5. 〈◊〉〈◊〉 4. p▪ 48. Ca••cel∣••••. 〈◊〉〈◊〉▪ p. 46.
• h 1.12

  See Cooks 2 Institute. thereon.
• * 1.13

  TO THE DONOR▪
• i 1.14

  Cooks 2 Inst. pa. 33••. 1 In∣st••••••▪ 22. Sect. 19.
• k 1.15

  7. E. 1 11. 12.
• l 1.16

  See Brook Fitzh••vb••rt. Ash, Natu••a Br••vium Ti••. Juris u••rum Ducit Pars•••• and Patro••; Contra Formam Collatio 〈◊〉〈◊〉 ••n nuity. Lit••letan sect 644. 645. 644. b••ok 1. Instit. f. 341. 342.
• * 1.17

  See Mr Sel∣dens H••story of Tithes c. 11 12.
• n 1.18

  Acts 2. 3. 4. 5. c. 8. 5. 8. c. 13. 44. c. 15. 21. c. 16. 13, 14. c. 17. 6, &c. c. 18. 1 to 24 ••. 20. 23. See Math. 10. 23. c. 11. 1. Rev. 2 & 3.
• o 1.19

  Eusebius, Socrates, Scho∣lasticus, Theodoret Nicephorus, Casseadorus, Be∣da, and others.
• p 1.20

  See Concil. Antioch: c. 103, 104. Syn. Rom. c. 5. Walafridus Strabo de Reb. Eccles. c, 17. Gratian Causa 12. qu. 2. c. 26. &c. Mr. Sel∣dens History of Tithes c. 6. sect. 3. &c. 9. 11.
• q 1.21

  Eusebius, Eutropius the Imperial Histo∣ry, Zona••us, in vita Constan∣ni; Spelman: Con••l: p. 37 to 47, &c. Beda Eccles Hist. l. 1. Math. Westm. An. 3••2. to An. 341. Mr. Scl∣dens History of Tithes c. 6. sect. 3. & ••. 〈◊〉〈◊〉. 9. 11. 12.
• r 1.22

  See Mr. Seldens History of Tithes ch. 9. 10. 12.
• s 1.23

  Summa An∣gelica. Tit. Jus Patronatus Sect. 5. ex In∣nocentio.
• t 1.24

  See Mr. Sel∣den c. 6. 9 11. 12. Rebessus de Beneficiis. Cook Institutes. f. 17. b. 119. b. Panormitan in 18. qu. 2. Sum∣ma Angelica et Ros••lla Tit. Jus Patronatus. 38. Ass. 22. 6. H. 7. 14. Westm. 2. c. 5. 24. E. 3. 72. 3 Jac. c. 5.
• v 1.25

  Westm. 2. c. 5. 7. E. 3. 4. 45. E. 3. 5. B••••tton c. 92. Cook 1. Insti••. f. 17. b. 119. b. Seldens History of Tithes ch. 6. p. 85, 86. R••bussus de Beneficiis Summa Angeli∣ca & Rosella Tit. Jus Patro∣natus.
• * 1.26

  See Brook & Fitzh. Tit. Ayde & Ayde le Roy.
• x 1.27

  Anonym in vita S. ••d••••ri∣ci. c. 7. Mr. S••l∣d••as His•••••••• of Tithes c. 6. p 86
• y 1.28

  24 ••. 3. 72. Cook 1 Instit. s. 344. A God∣w••••s Catalogue of ••••s••ops. An∣tiqu. Eccl••si•• B••t. 6 H. 8. c. 14 31. H. 8. c. 9. 1 E. 6. c. 8. 8. E∣liz. 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 Brevi∣um & B••••d••m. Titl••. Qu••••e 〈◊〉〈◊〉. S. A••s. 29 8 E. 3. 64. 13. As••. 2. 11 ••. 4. 12. 84. 27 E. 3. 84. 6. ••. 7. 14. 〈…〉〈…〉. 42. 50. 5 H. 5. c. 1 25 H. 8. 21. 43 E••••. c. 4. 2 H. 7. 14. 3. Jac. c. 5.
• z 1.29

  13 E. 3. Fitz. Quare Imp. 58 117. 59. 43 E. 3. 35. 21 E. 3. 38. 45 E. 3. 12. Fi••zh. ••beri, Brook Prisentm. al Esglis•• & Q••are impedi••. Ash. Title Ad∣vowson Ap∣pend. Quare Impedit. Cook 1 Instit. f. 121, 122. 307. 9 ••. 3. 4. 38. 33 H. 6. 12. 35 H. 6. 52. 46 E. 3. 19. 14 H. 6. 15.
• a 1.30

  Fl••ta l. 2. c. 65. Britton f. 135. 5 H. 7. 37: 33 E. 3. Gar. 122. 32 H. 6. 21. Cook Instit. f. 374. 6.
• b 1.31

  Antonii Corsiti Reperto∣rium. Thomas Zerula Praxis Episcopalis. Tit. Jus Patro∣••atus. Rebussus de Beneficiis.
• c 1.32

  Cook 2 In. stit. 357.
• d 1.33

  S••ldens History of Tithes ch. 6. s••ct. 2. c. 9. sect. 4.
• e 1.34

  Petrus D••∣mian: l. 1 Epist. 13. ad Alex. 2.
• f 1.35

  See Fitz∣herbert, Sta∣tham, Br••••k, Ash, Title, Pre∣sentation a•• Esglise, Quare Impedit, Grant Advowson, & Droit, West 2. c. 5. and Cooks 2 Institutes. p. 356, 357, &c 3 Jac. c. 5.
• g 1.36

  Rastals A∣bridgement, Fitzherbert, & Brook, Tit. For∣••eiture, Escheat Treason.
• h 1.37

  West. 2. c. 5. Cook 2. Instit. p. 358. and the Law books there cited. 35. H. 6. 54. H. 60. 64.
• i 1.38

  Cook. 10. Rep. s. 55. &c.
• k 1.39

  Cook 1. In∣stit. f. 120. a. See Hostiensis, Summa Ange∣ca, Rosella, & Thomas zeru∣la. Tit. Simo∣nia.
• l 1.40

  9. H. 6. 57. Brook Forfei∣ture 73. 104.
• m 1.41

  Sūma An∣gelica Tit. Jus Patronatus sect. 16
• n 1.42

  See Cook 2 I••st••t. p•• 358, & 4. Inst. p. 356 357. and the Law books there cited, Brook Presen∣tation al Es∣glise 3. 14. 48, 50. 61. 17. E. 3. 40. a.
• o 1.43

  Mag. Char∣ta. c. 13 52 H. 3. c. 12, 13. E. 1. c. 5.
• p 1.44

  Westm. 2. c. 5. Glanvil. l. 6. c. 17. l. 13. c. 20, 21. Bract. l. 4. f. 246, 247. Brit. c. 94. Fle∣ta. l. 5. c. 12. to 17. Register f. 29. b. Fitzh. Bruf. 125. Sta∣tham, Brook, Fitzherbert, Abridgement, Natura Brevi∣um, & Ash; Ti∣tle 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.
• q 1.45

  West. 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 Prohibi∣tion 7.
• r 1.46

  Mag. Char∣ta 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••a∣tham, Fitzher∣bert, Brook, Ash Natura Bre∣vium Tit. As∣sise de Darrein presentment. Cook 2. Instit. p. 357.
• * 1.47

  Register f. 30. 60. & New Natura Brevi∣vium.
• * 1.48

  Register f. 31. Nat. Brevium, Statham, Brook Fitzherbert, Ash. Title. Ne Admittas.
• * 1.49

  Register f. 31. 33. Nat. Brev. Fitz. Brook Ash Tit. Ne Admit∣tas 21. H. 7, 8.
• * 1.50

  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.
• * 1.51

  Register old and new Nat. Brevium Ash. Tit. quare In∣cumbravit.
• * 1.52

  Register f. 33 34.
• * 1.53

  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. Sel∣dens History of Tithes, cap. 14. sect. 3.
• b 1.54

  See Mr. Seldens Histo∣ry of Tithes. ch. 6. p. 120, &c
• c 1.55

  Petrus Be∣stasis Epist: 82. Joan. Sarisb. de Nugis Curi∣alium l. 7. c. 21. and sundry others.
• d 1.56

  See Fitz∣herbert and Brook, Title, Aid and Qua∣re Impedit, and Ashes Tables.
• e 1.57

  Zech. 13. 7. Matt. 26. 31, 50. Mark 14. 27. 50. John 10 11, 12.
• f 1.58

  Matth. 7. 15, 16.
• g 1.59

  Lilburn tryed and cast. p. 39, 40, &c. 142. to 148, 154. and else∣where.
• h 1.60

  p. 164.
• * 1.61

  S••e my sove∣reign power of Parliaments part 1, 2, 3. Mat Paris, Walsing∣ham, Speed, Daniel, & o∣thers, in the lives of king John, Henry, 3 Edw. 1, 2, 3. Cooksinstitutes on Magna Charta th••gl••s∣sary, 25 E. 1. c. 1 &c. 28. E. 1. c. 1. Conservatio Chartarum.
• * 1.62

  Canterburies doom, p. 25. Straffords Ar∣ticles and Bill of Attainder, Mr. St. Johns Argument at Law at his Attainder.
• * 1.63

  See Walsing∣ham, Speed, Gra••••on, Ho∣linshed, Stow, Baker in 11. R. 2. and M. St. Johns Speech a∣gainst the Ship∣mony, Judges, worthy the pre∣sent perusall of grandees of the long Robe.
• * 1.64

  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.
• n 1.65

  Walsingam Holinshed, Speed in 32 H. 5. 28 E. 1. and Ypodigma Newstriae Cooks 2. Instit. p. 225. to 280. Statutes at large.
• o 1.66

  Exact Col∣lection, p. 22, 23. 309, 316.
• * 1.67

  A thing now quite forgotten and neglected.
• p 1.68

  In ••••heir scurrilous, al∣surd, lying pre∣gn••stications; full of railings against our Laws, as well as Ministers & Tithes.
• * 1.69

  Annalium pars posterior p. 609. Seldeni Notae ad Ead∣merum p. 189. 190. Lamb. Ar∣chaion. f. 138.
• * 1.70

  p. 608.
• * 1.71

  Totles Mag. Charta f. 164. Exact Collecti∣on p. 268, 290, 291. 706, to 716 The first part of my Soveraign Power of Par∣liaments, p. 51. to 71.
• * 1.72

  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?
• * 1.73

  See the self-same expressi∣ons in King Charls Decla∣ration, Decem. ber 21. 1641. Exact Collection, p. 28, 29. The Law is the Inheritance of every Sub∣ject, and the onely 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 mea∣sure 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 onely duely to observe our self, but to maintain them against what Opposition soever, though with the hazard of our being.