An exact abridgment in English, of The commentaries, or reports of the learned and famous lawyer, Edmond Plowden, an apprentice of the common law.: Concerning diverse cases and matters in law, and the arguments thereupon; in the times of the reignes of King Edward the Sixth, Queen Mary, King Philip, and Queen Mary, and Queen Elizabeth, with the exceptions to the pleadings, and answers thereunto; the resolutions of the matters in law, and all other principall matters arising upon the same. By F.H. of the Inner Temple London, Esq;

Grendon against the Bishop of Lincolne.

HENRY the eighth, being seised of an Advowson in the right of his Crown, pre∣sents J. S. and dies, E. 6. by his Letters Patents, grants the advowson to the Dean and Chapter of L. and their Successors in Fee; and also grants to them License and Liberty, virtute authoritatis sue Regiae supremae & Ecclesiae qua fungimur, that they shall retain the said Advowson, and all the Pro∣fits thereof for ever to their proper uses, when∣soever the said Church shall become void. And after the death of the said Incombent, the said King E. 6. present his Clerk to the said Church, which was Admitted, Instituted, and Inducted; and adjudged no usurpation, which shall put the Dean and Chapter out of possession.

If the Plaintiffe alledge matter effectuall, as discent, &c. and the Defendant shew a matter in Law, which upon the Law discussed, proves the said matter alledged by Plaintiste, true or false, there he ought not to take a traverse, for then the Jury shall try this matter in Law, which pro∣perly belongeth to the Court to discusse, Per Curiam.

1. Appropriation of an Advowson ought al∣wayes to be made to a body Politicke, or Cor∣poration Spirituall, being Patron of the said

Advowson, and such Parson onely is capable of an Appropriation, and no other; and by the Law such Parson in Parsonee may not grant o∣ver his Incumbency, no more then an Incum∣bent of a Parsonage presentable at this day, nor any other shall have it, because it is appropri∣ate to his Parson, 3. E. 3.1. The Case of the Templers, that by their dissolution, the Ap∣propriation was dissolved, And yet was first or∣dained, when such Parsons by incroachment and sufferance were made Parsons in Parso∣nees, which could not say Service, nor Admi∣nister the Sacraments, as Deane, and Chapter, Nuns, Abottesles, &c. which was a thing horri∣ble by the Lord Dyer.

2. Every Appropriation shall be made by [unspec 498] the King, for the losse which he may have, o∣therwise as King, by reason of the Tenure, and by the or dinary Supreame, or Inferiour for the interest, that they ought to have in seeing the Cure served, & by the Patron to whom the Ap∣propriation shall be made; and those three are Actors in the Play, as Dyer said,: But here the Appropriation made by the King, which is al∣so Supreame ordinary by the Statute of 25. Hen. 8. which transfers to him the Authority of the Pope, is good. As the Deane of Wells Assigne to the King good by the Court; be∣cause he is Supreame ordinary by the Statute of 25. Hen. 8. in Sir John Pollards Case against Waldron, and here the King doth three things. First, he grants the Advowson. Secondly, he maketh the Appropriation as Supreame Or∣dinary. Thirdly, he giveth his consent as King, fol. 501. if time of Lapps be devolved

to the King, hee shall present as Supreame Patron, in respect that the Advowson is holden of him mediately, or immediate∣ly.

If the Appropriation be made without Li∣cense of the King (be the Advowson holden of him, or of a common Parson) the King shall seise the Advowson, and shall have the Presentments, untill hee be satisfied of the Fine by his Prerogative, and as in the name of a distresse. 21. E. 3.5. And there it is said, That the Appropriation is not Mortmaine, because it is not any transmutation of the pos∣session, nor Substraction of Services, but the Tenure remaineth, as it was be∣fore.

3. [unspec 500] The Appropriation may be made by words future when the Church is full, although that the Incumbent hath the Fee and Inheritance of the Church, and none shall medle with it which is his in his life; but otherwise, it is of present words, and the proper time to appro∣priate it, is, when the Church is void, because then it may be executed presently: But the Patron cannot present when it is full, by fu∣ture words (scilicet) that he shall be incum∣bent, when the Church shall be void: For that he hath not Title to Present before the avoydance. If the King presents to an Ad∣vowson, and appropriate the Church to a Deane and Chapter which maketh a Lease for yeares in the life of the Incumbent; this is a voide Lease after the death of the Incumbent, by Plowden, for that at the time of the making of it, they had nothing in the Rectory, and the

Appropriation was not executed untill after the avoydance.

4. An Usurpation may not be upon a Par∣son [unspec 501] in Parsonee, for that he is perpetuall In∣cumbent, and two Incumbents cannot be in one Church, 38. H. 14.39. H. 6.21. and 27. and there cannot be ousted by wrong, nor have right of Advowson, for he is not out of Possession, and if one presents to such an Ad∣vowson Appropriate, and the Clerk is ad∣mitted, Instituted, and Inducted, by six mo∣neths, yet the Church is not become Presen∣tative, nor by any other Act, except onely where the Parson in Parsonee himselfe pre∣sents; for there, volemi non sit injuria, by Manwood, and Dyer the dissolution of the Corporation, to which the Advowson is Ap∣propriate, is a disappropriation of the Advow∣son, and the Lord, of whom it is holden may Present. If a Deane and Chapter seised of a Mannor, to which an Advowson is Appendent, and the Church is Appropriate to them, and after they make a Feoffement of the Mannor, with the Appurtenances, this disappropriates the Advowson; for by some it passeth Appen∣dent by the common Law, because the Appro∣priation destroyes not the Appendency: But now by the Statute which maketh lay Persons capable of Parsonages Appropriate, they are severed from Mannors by the intent of the Act, and by the grant of the Parsonage Appropri∣ate, which now may be granted to a common Parson, and the Advowson shall passe.

Notes

• P. 19. El. in the Common Pleas. Quare Impedit.