COMPLEAT 
 
 PARSON: 
 
 A DESCRIPTION 
 
 OF ADVOVVSONS, 
 
 orChurch-iiuing. 
 
 . " WHEREIN 
 Isfetforth, the intrefts of the Tarfon, 
 Patm, and OrdiMrie&fc. 
 
 With 
 
 Many other things concerning the fame 
 matter,« they were deliuered at fcvcrall 
 Readings at VSltwjmt, 
 
 Bjh Doderidgj, 
 
 jtn»t,i6ez, 1603. 
 
 And now Publfhed for a Common good, 
 
 _ ; ; ^ 
 LONDON. 
 
 Printed iy S.A.sn&T. F. for IctmCrcue, and arc to 
 .' 4ee fold at hit Skp at Famuli fmg ace. 
 
 ■ s^3«i 
 
To tbe^T&der. 
 
 O okes that are not a- 
 !tgpf)')#> I hie to proted: them- 
 « fclues, may require 
 l mraS ll large Preface and 
 Dedication, this needeth none, 
 it teacheth the Law, and there¬ 
 fore cannot feare any I nformer • 
 errors of the print may here and 
 there offerthemfelues,but for a- 
 
 ny other, the honourable Name 
 of him (to whom Folleritie 
 {hall thankfully acknowledge a 
 
 debt for his IVorktS) in the very 
 Title pa?e is able to vindicate. 
 
 A 3 If 
 
To the Reader. 
 
 If thoubeeftaCaviel, yet bee 
 not too quicke at cenfure, fatif- 
 jie thy ambition for the prefent 
 with a Readers place j thou 
 mayeft in time come to bee a 
 iudge, which eueryman is not 
 borne too. 
 
THE CONTENTS OF 
 the Le&ures enfuing. 
 
 Lect. i. 
 
 He Nam , Nature , Dhifions, Confe- 
 quents, caufes and incidents of^d dvow- 
 fins or Patronages. Fol.i 
 
 2 The Right that both the Patron and Ordina¬ 
 ry hathityntly to intermeddle with the Church. 
 
 fol. io 
 
 3 Thefeuerall Intrejls of the Patron and Ordi¬ 
 nary, And what it is. fol.i 6 
 
 4 What manner of Inheritance an ^ddvetv- 
 
 fonis. fol.19 
 
 5 The word Right, and the word isidvowfon 
 
 explained, and to what Inheritance an ^ddvowfon 
 may bee appendant originally. fol.zq 
 
 6 To what things an <^kdvowfon may bee ap¬ 
 pendant fecondanly. fol . 3 o 
 
 y In what manner c Advowfons are appendant 
 to aCMannor, fil‘l% 
 
 8 If an t^idvowfon appendant, that confifs of 
 Demefnes and Sendees, [hall bee appendant in re- 
 Jpecl ofthe D emefnes onelf,or in refpcfl of the De¬ 
 mefnes and Sermces, fil 42 
 
 9 Hem. 
 
Tlic Conrcnrsl 
 
 9 How an Aebscwfon may bee filtered from the 
 
 principal! } and by n bit manes it may bee recent- 
 nexed thereunto agafe. fol. 47 
 
 10 of y_jdvewfzns in Groffs. 70/54 
 
 it Of <^Advowfcns pattly appendant,partly 
 
 wGrejJe. fol '58 
 
 £ 2 What-Prefentation is and what is the tffeSl 
 and font thereof, and in what manner Prejcnt ali¬ 
 en andNommat^n d.ffer. fol 6 2 
 
 13 The things incident to Prefentaiim pro/e- 
 
 euted, who may prefent , what Parfons may be pre. 
 fented , to whom the Prefent atm mujl bee made, 
 and the manner thereof. fol. yo 
 
 14 The two frjl particuler caufes of <_ Avoy. 
 
 dance of Churches, v z. Is tythtr Tmporall, as 
 Death ; or Spiritual!, as Depriuation • the one of 
 it ft if beingsmnifeft, and the other a difeharge 
 of the D igiutie or CMimflerie. fol. y 3 
 
 15 The third particuler caufe of Aveydance, 
 
 king SpirittyUl. isRefignation. fol.yZ 
 
 \6 The lajl feci all manes , in Avoydance of 
 Spirit nail promotions Prefcntatiuc, is Creation. 
 
 jtlM 
 
 A 
 
.a 
 
 COMPLEA T 
 
 PARSON:' 
 
 ' OR, 
 
 A DESCRIPTION OF 
 .. ApvovrsoNS.- 
 
 Lbct. I, 
 
 The name, nature, ‘Dhifions, Con~ 
 {equerits, caufes and incidents of 
 Advmforis or Patronages . 
 
 Orafmikh as wee are fa id to 
 know tCumCwfa cognefci. 
 mns, zn,<i feeing hcc iabou- 
 reth in vaitie,thaffeekctb to 
 apprehend- the knowledge 
 of.sheaccidanr,which is ig¬ 
 norant of the fubftance: 
 
 and freing nothing fcttethouc the nature of the 
 thing, but the Dclcriptionand Definition, and 
 B that 
 
T*M: Offie, that Omnts qua a rati'one fufrighur, de re diqua, 
 tik.i. inptutio , debet d defmtme prefirifri , vt intelli- 
 
 gatur quidfa id deque dijjtatatur: I will begin 
 as good order requirech, with the Defcription 
 ofaa uidvewfon, that the nature thereof being 
 knowne, ivee may the better obferue, the cohe¬ 
 rence and congruence, of this kind of Lear¬ 
 ning. 
 
 Ouii t An dvewfon therefore generally confide- 
 ^ ' red, is a right that a man hath, to preferre his 
 friend,orany fit perfon, to promotion Prefenta- 
 tiue, or Donariue* 
 
 This Definitioais generall, and may be attri¬ 
 buted to ai! perfons, whereof a man may haue a 
 Qtwe Imp: if bee be Difturbed j for, the Writs 
 - mentioned in the Statute, lyeth not onely of 
 Dignities Ptefematiue by the courfe of the 
 Common Law, but alfo of promotions Dona-, 
 tine-by this Statute .* As ChaunteriesDona- 
 FitzJ). N. tiue, * Freechappels,&c. Alfo it lyeth, of a 
 Br^o.fbid. Subdeaeonfhip, or Hermitage, which alfo may 
 3j.rf.31.fi. beeDonatiue, and this is grounded vpon the 
 ^*34 9& words of the Statute, Tie cetero concedantur bre- 
 * H . •oia dcCappillis, Frebendis , Vicarijs, Hofhali- 
 q««- ^» Abbott!qua grins cencedimn confueuerunt 5 
 rejmf, 183. Yet neuerthelcfle, I read thac a jtorfre imp: was 
 maintained of a Chappell, by the Common 
 Law , but fueh a Chappell ( perchance) 
 was Prefentatiue, andnot Donatiue. Promo- 
 upns prefentatiuc (whereof the Writs are men- 
 - tioned 
 
tinned in the Statute) were maintained at the 
 Common Laws as Chmches, Chauntcries,and 
 Chappels Prdentauue.and fueh like, 
 
 And thcretoreas the afore- Ipecified Definiti¬ 
 on, or Defcription is generally and appliable to 
 both : So are thofe fubfequenr, more properly 
 to be applied to Churches Advojrfons, in which 
 are Cures of Soules. 
 
 An Advorvfin, or as-theterme,/#* Pamnatus Summit hoi 
 ejlpotefias frefenundi aliquem mftitttendn ad be- fo n f* s d* 7»« 
 nefjciim Ecclefia {implex & mans: and of other re ¥* tm °; 
 reipe&s, the caufes andinddents of Advmfins', f £ 
 
 isDdcribed more amply in: fuch'manner.,/w g SumaSil 
 patronatvs , ejl m bemrifeum, enerofum > & wfirinttit . 
 ’utile. Putmatqi* 
 
 la effect this: A Patremge. or an Advowfett, 
 is a right toprelent to the Bifhops or Ordinaric 
 a fit perfon, by him to bee admitted and Inflitu- ' 
 tedintoa Spirituall Benefice when it becom- 
 methvoyd : And hee: that hathfuch right to 
 prefentjis called Patron : who is. thus deferi- 
 bed, Patrontu efi defenfirEccle/f<e, qui babet m 
 prefemandi Epifitpe aliquem vel altqm. ina- 
 Itqua Eedefta fr meaab eoinfiituatur. And hee 
 is lo ca\kd 3 Depatreeinbi of defence : For that, 
 that heefhould defend the Church j otdfimtli- 
 tudine Pams , quiapeutpaterfilium,pcpamnuf 
 Ecclefiam, de ntn ejfe, deducit adept. 
 
 Hee it called of Old Gldnvile, Advicatus\ as 
 that he fhould fay, an Advocate of the caufes of 
 B 2 
 
the Church, and therefore the inheritance is cal¬ 
 led ^Advocatio, or Advo&fw, or is deuifed Be 
 voc&ndo t for that, that the Patron hath power, 
 fostheprefenttncntof a fit perfon, by the name 
 orhistrsfentatioo. And hsere by the way, let 
 no man thiaks, that I thruft my felfe mmejfem 
 and to borrowof theCannonifts , as 
 well now the Dsfcciption and Ethnologic be-, 
 fore (hewed, and after alfo, to fetch from them 
 more high matter. Bat let fitch curious Car¬ 
 pers,(if any bee)rcmembef the Speech of Afli- 
 ton* jwhoaffirmath, that euery Advmfon y a.n<\ 
 v t AJlite*. jighrof Patronage,dependeth ypon two Lawes, 
 that is to (ay j The Lawof holy Church,aad ©ur 
 ..... ; Lawes, fo that the true determination of fuch 
 learning, is as hee faith • Peri us mixtim,by both 
 Lawei; that is,EcclefiafticalI, and Temporal! : 
 And therefore,-when wee purpofe to fteke the 
 right intelligence, or true vnderfitnding of any 
 things in this kind of learning, weenauft of ne- 
 ceifitie bee beholden to these. 
 
 But toreturaewhere wsedigrefled. 
 
 The materiall caufes and lubie&s, in which 
 this learningdependeth:, are the; things before 
 mentioned. As -Churches, Chaunteries, and 
 Chappcls prefcntaciue, and luch like.' 
 
 fCathedrall, 
 
 ChiltchBareo^licecfoitW 00 ^' 311 ’ 
 
 uParroehiall, 
 
 ■ ” • ' A. 
 
Mvowfons , 
 
 1 
 
 A Cathedral! Church, is the feate or 
 Churchof a Bifhop, and therefore heonciy 
 may be fgid Incumbent thereof. . 
 
 - Collegial! et ConuentuaSl Churches, are 
 fitch, as in times pa ft, haue beene in Prio¬ 
 ries, Abbie5 5 orftich like, and are ftillin-Col- . 
 ledges,. . ■ - •. ’ • 
 
 Parrochial Churches,ate well knowne,and ,, _ , 
 
 arc thole, Ja quern pebs convemt ad percipi- i 6 n i mc iteti m 
 endaSacramenta Rapifmatis $ Corporis chri- -mle^s t 
 Jh vndepabulum ad aritmas fuftentandiu libere 
 fufcipiimtyionhz Incumbent thereof, is one* 
 
 Jy chargedwith the cure of Soules. And it is . 
 commonly called by the "name of Rcftoric- 
 which is.into two forts diuided, being eythcr 
 a Parfotiage, or a Vicarage. And do much 34> 5 * 
 briefly,for the name, matter, and ftibftancc 
 of Adimfens. 
 
 The former caufe or manner of this Inhe-. 
 ritance, yeeldeth forth the vfuall and ordina- 
 rie diftindtions of Adventfons, to bee eythcc 
 appendant, or in groffe, or part appendant, 
 part in gtoffe, ey ther lc-r a certaine time,or in 
 rcfpetSfc o.f ccrtaine perfens. 
 
 mi in- i- / ci.Ratione Dotationis. 
 The efficient CaufeA m , m Fmitt!mis . 
 
 of-aPatfonage.ar % ut , mFtt . A . 
 
 . Rations Dotatioms, is, when - bee, or thofe 
 from whom he deriues his intereft, endowed 
 thefatne Church.' 
 
 B 3 Rations 
 
6 Jdwwfens, 
 
 2 Ratiene Fmdatioms, is, when he or his An- 
 ceftots, or thofe from whom heclaimes his 
 intereft, were founders of the fame Church. 
 
 3 Rutione Fundi, is, when the Church was 
 built vpon his or their Land, from whorahe 
 deriu?s his intercft $ or all three together, as 
 appearech by the verfe s vfed amongft the Can- 
 nonifts. 
 
 PatronurnfaciuHt dosyedfoatio, fundus, 
 ho -. The yiuall caaie or caufes, why patronages 
 pe-ijitjta ef Churches are giuen by the Law, and be- 
 FmiTait*f. ft owec | v p 0 tj Lay-men; is,and were. Ft indu. 
 
 camurlaici adfundationem, conJlruHionem, & 
 Dotatiopm Ecclefa. 
 
 /Horns. 
 
 The fruit and effe&of aParlonage, 
 confifteth in thofe three things 1 & 
 
 : ^Ftilitas, 
 
 «; i. 
 
 Hants, The Honour attributed to a Patron, eoh- 
 fiftctb in hts right of preientmenc. In the dif- 
 courfe whereof, 1 (hall afterward confider, 
 whatisrequired, before the fame can bee at¬ 
 tempted : then what the nature of prefenta- 
 tioo is {and laftly, what is required for the 
 making ofafullandperfe& Incumbent. 
 
 Before the prefentation can bee lawfully 
 made, it is meet that the Church become 
 void,and of "avoidance, our Law taketh no- 
 
njdvoteforts* 7 
 
 The manner and meaneshow an Avoydance 
 groweth, iseyther Temporal!, or Spirituall. 
 
 1 Temporall, by the Death of the Incum¬ 
 bent. 
 
 2 Spiritual!, and this is in diucrs manners; 
 that is t© fay, by Refignation,Depriu^tioh,Cre¬ 
 ation, feffion, and entrie into Religion. 
 
 As touching prefentatiori,we are to fee; firft, 
 what if is, then who (hall prcfent, afterwards 
 what perfon maybe prefented, and laft of allin 
 what manner the fame raiift be done. 
 
 Thofe things, that arc required to make a per- 
 fe& Incumbent, after the prefentation had, de- 
 pendeth vpon the Dime of the Ordinarie; As 
 firft, Admiffiori, wbfcfr requireth examination 
 of the Clarke; whereupon fometinie erifueth a 
 refufallj and thereupon, either notice, or no no¬ 
 tice- (as the: cate requireth) is tote giueh to the 
 patron.. ' 
 
 If the Clarke be admitted, then, he muft bee 
 iriftituted, wee are then to fee, what Ihftitution 
 ' is, andwhat is theeffe& thereof vpori which 
 . ought to enfue lndudf ion thereinto, likewife we-■ 
 raiift fee, what it is, by whom if is to bee perfor¬ 
 med, arid what it dbth import; 
 
 ' If the Patron be remiffe,arid doth not prefent 
 within the time limitted, then lricurreth the 
 lapps of the Patron, to the Bifhbp, and from 
 the Bifhop, to the Metropolitan, and from him 
 to the Crownej where it refteth, but if the 
 Bifhop, = 
 
8 Advoyvfons. 
 
 BIflioptafee his time, then is his p'tefentation 
 a Collation, and in the right of the patron hirn- 
 
 OmU; 2 Thefecond eftd of a perfonage, (which is 
 Onus,) refteth onely in the defence of the Chur- 
 chcspoffeittoas, to which the Patron and Ordi- 
 narie by side prayer, are to bee called by the In¬ 
 cumbent, for the defence of the iame, toauoid 
 fuch charges and incumbrances, as are vnduly 
 laid thereupon. 
 
 ytilitai. 3 As touching the third,which is Vtilitie, we 
 haiis not any thing to doe wither, incur law, 
 but we muft leaue the Confideration thereof, to 
 theCannon law,for this Vtilitie is imployed for 
 tile fuflentaiion of the patroti j for if hee Or his 
 poflcritie being patrons doe fall to decay, then 
 the incumbent of the ftuites of the Church by 
 coaspuIiarieCenfurej ofthe Ordinarie, accor¬ 
 ding to that Iav?,is to be enforced to make Con- 
 tributiontotbem. 
 
 Sreaia. AH writs concerning this kind of Inheritance 
 
 are either giuen to the patron^ or Incumbent. 
 
 Writs giuen to the Patron are of two [oris, 
 for either he demands th his inheritance, orpre- 
 fentaticn, agaiuft the poffeflbr, of the patro- 
 - nage, or hee attempts fuitagainftche Ordinarie, 
 
 for either not doing^r doing his Duty Vnduly. 
 
 In euery aftion brought againft him that 
 pretendeth pcffdfion, it is to he intended, that 
 evther he is lawfully or vnlawfully pofiefTed. 
 
 \ The 
 
(tAdvcmfoniy $ 
 
 The vnlawtuli pofllflor,is the vfurper,ag8inft 
 whom oncly lyeth three Writs, which the Sta¬ 
 tute fpeaketh of, namely; One of the right, as 
 the writ of right of Advowfon, and the other 
 two of the poflcflioa, as a gturelmp: and Dar- 
 raigpe prdentment. 
 
 Againft the lawiull poflefifar, lyeth the writ 3 3 4 
 
 ofor the wife ofhitmhatbycd fcized *.<£3 j,*, 
 of fuch eftate as fhe might he endowed of, and 
 a C^wrof the land againft the Tchanr. 
 
 But no Formedoa lyeth for the ifliie in taile t j.E.jisyJ 
 in Difcender, nor for any in the remainder, nor 33 
 
 for the Donor in the renerterj for that, that if 3 5.if. 
 
 theAdvmfiitbe'mgtoffc it cannot properly be 7 3 6 ^37<= 
 dilcontinued, and being appendant ic ii to bee 8 - 
 
 recominuedbythcfamemcanes, that the land fcp ** | 7 r < 
 10 which it is appendant, is to be recovered. 
 
 The Incumbent as touching his right for his 
 Rc&orie, hath the onely Writ of Iuris vtrum, 
 and for his pofleflion, any other poffeflarie a(h- 
 on. For if another happen (during his prepa¬ 
 ration) to be prefented by the fame Patron, or 
 doe come into the fame Church, by courie of 
 the Law, fo that the patronage commcth inp 
 Debate, their lyeth a fpoliation, it being afuite 
 in.the Sfiritudtt Cm*, 
 
LeCT. 2. 
 
 The Right that both thf Patron and Ordinam 
 hath iojntlj to intermeddle with the Church 
 
 |N the former Le&ure or Reading, 
 bsuing delivered in theproif& 5 a 
 Difcourfe of Advwfonr, briefly 
 difeouering their Name, nature, 
 eonfequcntSj caafes, effe&s and Ia- 
 cidents of the Patronage: Now it remaineth in 
 like miHHcr to profeeme euery of thofc parts, 
 then but pointed at, with a more large and am* 
 pie explication. 
 
 Firft therefore,it is to be confidcrcd, that in 
 eucry Benefice three perions haue intreft. That 
 is to fay, the Parfonhath a Spiritual! poffeifion. 
 ¥ Ordinaric to fee the Cure ferued 5 And the 
 
 igrd " ’ P 2tr o n hath Itaprefentandi. 
 
 J * Hence ids that I haue faid, that a Patronage 
 
 is a right of prefentation5 therefore it is called, 
 IusPatroKotus i not a power, noranauthoritie 
 oaely, but a right, intreft, or an Inheritance : 
 Cns.284.-1 The word Iut or Right, is diuerfly intended, 
 fometimes finely, to fignifie what is left a man, 
 ' , when that, that was once his o wnc is wrongful- 
 Cw.417,# ly.taken frorahim,as by DiJJei/itt or fuch like* 
 In which fence, the word Droit and Tort, are 
 3 r* 8 mfa. f>riH4t\ofl>ofiU, and istbusdeuidedj tobeei- 
 '* ,! ' ther 
 
sAfaoitfohs. H 
 
 ther right of A&ion, or right of Etitrie 5 forae- 
 times, in a more ample fignification, as Jut htt- 
 
 bendty mfoffejfendi, itis\dijJ>mttcU, by which 
 
 occaiion I purpofeat this time toditcuffe, whe¬ 
 ther the Patron and Ofdinarie haue right in the 
 Redlorie or Benefice, and what manner of right 
 it is that they haue j theirright is called Collatt- 
 rtttty as wee read, and not Habendi t mt jwJfcpH- 
 di, mxrttmettdi ; for none of them, can haue, 
 tetaine, or poflefle the Church, or Rc&orie, 
 but their right is, lm DijpmndiyWhmi* 
 euery of them hath & particuler Charge to the 
 pofTeffions of the Church, fo free as that bee 
 maymaintaine fucha one as is thereinto to be 
 prefented. 
 
 ThattheyhaueakindofDifpofitipninthemiit 
 is proued bymanyreafons : i .No charge can be Ratio s, 
 foundedto beiaid vpon rheChurch m;perpetui- 
 ty: to bind their:fucceflbrs, butthe Patron and 
 Ordinarie muft be made parties! thefeiintp assail 
 our bookes agree, ^ and Msgittesa notable 
 
 reafonfor it. W ch is,thatif the Chargc:bc per- 
 pcruaJjthe coofsntof all^.oHghttoconcurrejOf 
 which enfueth thus much, thatifawritof Aoui- 
 ticbebroughcagainlkheparfon,andhe;pray«th 
 in aide of the Patron;and .Ordinarie';and the Pa¬ 
 tron raaketh default, and itheOrdinarieappca- 
 reth, and confefleth thea&ion 5 oriif the Ordi- 
 narie make-default, and.thtlPatron appeate,and ; 
 confeffcth the a^tow,that this Anuitic fhallmot 
 Ci bind 
 
bind tbefucceflbr :but if they both appeire ana 
 one of them confeffe the action, and the other 
 faith not any thing, it {ball hind the Re&orie in 
 perpetuitie. For gui facet eonfentin vidtmr. 
 But if the Parfon oncly with the confent of the 
 Ordinaric for Tydies or other confidcratioa ex- 
 eeutocie, charge the Church in perpetuitie, it 
 (hall bee good, without the confent of the Pa¬ 
 tron, asweliasiftheconfideration executorie 
 had remained. 
 
 Secondly it followeth, that the charge of the 
 Parfon, Patron and Ordinarie, fhall bind in 
 like manner as their intreft is. But if a than 
 haue an Advtwfcn for yeares, and the Parfon by 
 the confent ot fueh Patron and Ordinarie,grant 
 rentcharge infee, if the Parfon dye within the 
 tetme, & the termor of the ^Advowfoit prefents 
 another, & the terrae expirctb, Jgutre if then the 
 Anuity flial be dcfiucred,but it feemeth by fome 
 tbacitfhallbcdeliuered jfor that, that this In¬ 
 cumbent wasoot the pirty,thac made the grant, 
 "and therefore he fhould hoc hold it charged any 
 longer, thenduring the intreft of the Patron. 
 
 Ahd therefore if two joyntensnts in com- 
 mon,or parceners be of an Advmfon,who agre- 
 ' eth to prefent by tutne, if the perfon ioyne in 
 grancef a rent charge infee, with one of them, 
 die Parfon (hall bee charged and alfo his /ue- 
 eefSars (ilteriucvicibut) foreutrjbecaafe, thofe 
 fiiccefibrs(tbatcoaametb is) by him that made 
 
the Charge, fhall bee lubied to it enely, and 
 thole that commeth in by the prefcntation of the 
 patios, that neither ioyned nor confirmed, the 
 lame fhall hold their land dilcharged for euer. 
 
 Alfejfueh Anuitie with which the Re&orie is 
 charged, doth not properly charge the Land 
 but the Parian; for, if the grantee enter into a- 
 ny part of the Gleebe, hee fhall not luipend the 
 rent or anuitie; . 
 
 And if the Parfon; Patron, and Ordinarie, 
 ioyne in a graunt of an Anuicic to S t ff. and 
 his heites, iexcept they fpeake of the luccefTors 
 of the parfon,’ and that the fame be granted for 
 the parfon and his fucceffors, this cannot he 
 goodlonger thenfocehe time, thattheparfon 
 that granted the famej continued] Parfon; for 
 an Anuitie is nothing but a patfonall Dutie, 
 andnootherwife. Andiffuch an Anuitie bee zu'H.jA'* ' 
 granted ouer, it is not needful! tohaucAtaurn- 
 ment; all which proueth, that the lame char* 
 geth not the Land,but the Parfon; yet neuer- 
 tbelcflc, the parfon is charge, for-if the Gtantot 
 afllgncorbe retnoued by any meanes whatfoe* 
 uer, the charge followeth not his parfon, but 
 reftcthvpon hfsSucceirqrs, and the Iurie may 
 bee taken of the Towne where the Church is, 
 which ptoueth that fuch graunt chargcth the 
 parfon in relped of the Land. 
 
 Moreouer,when the Patron and Ordinarie, 
 confirnaeth the graunt of the Parfon, it is requt- 
 C I, fire- 
 
14 Admfons* 
 
 fice that the Confirmation be made, during fueh 
 time, as he is Incumbent that made the Charge $ 
 for if hee Die, be remoued, refigne, or other- 
 wife he depriued bdfore the confirmation, fueh 
 Confirmation is voyd notwithstanding. 
 
 If an Incumbent grant rent charge, to begin 
 after bis Death out of his Rcdorie, and the Pa¬ 
 tron and Ordinarie cenfirmeth the fame, this is 
 good for fo long time as it is graunted. 
 
 Ratio,2* The. fecond principall Rcafon,to proue the 
 
 intreft they haue to the Church or Re&orie, is, 
 qr*tm g o. that all three may charge the Church in perpe- 
 tuicic, to may the Patron and Ordinarie doe 
 onely in time of vacation, which charge fhall 
 bind the Suecefior for euer. Becaufe none hath 
 incermcdliag with the Re&oric,’ hue the Graun- 
 torsaforefaid. ;; 
 
 R*tio ?. The third principall rea{6n; is this,thatas the 
 Pation and Ordinarie in time of vacation 3 may 
 FttzJj.Re. c h at g C t fa. Church in perpecuitie, fo they may 
 ?s r wl *6 n^kearefeafe, by which any Anuitic that ehar- 
 
 ™*j e( g geth the Church orRc^torie (hall be extingui- 
 Roie^io^, (bed, euen in the time of vacation. 
 
 * * Alfa, if a man hath an Anuitie out of the 
 
 Churchof^.andafterwardthisChurchis vni- 
 .14. ^ to theChurch of D. and afrer the inited 
 aijy.7.44 Gharchbecomes void^ if the Grantee releafe in 
 ' ' * tin.e of vacation to theiPatron, thatwas patron 
 ofthebthefCburch-'that is toifay^ofD.and to 
 theOrdinariel fueh relcafeihallnot difeharge 
 
the Incumbent, became, it was not made to the 
 Patron of the Church that wasfirft Charged, 
 for although both the Churches are vnited and 
 become one,, yet are their patronages difiind 
 and feuerall; moreoucr, that Intrcft, that the 
 Patron and Ordinary hath in the Redbry,is but 
 Coliatera.ll and jm difyonmdipnA no otherwifc 
 
 as hath beenefonnctly {aid. • 
 
 For if an Advowfon difcend to aalqfant, and 
 the Incumbent bee impleaded lnawritpf Anui- 
 tie, and praycth ayde of the Patron and Ordi¬ 
 nary, andfor thatj that the patron is within age, 
 likewife prayeth that the farolmvy demurre vn- 
 difcuflcd during his nonage, this (hall not bee 
 granted ; but the lnfant in luch cafe fliail bee 
 ©uftcdofhis age,becaufe the charge lyeth vpon 
 the parfon, andmot vpon the patron, or Ordi¬ 
 nary , who are not at any time to inioy the 
 Reftory thcmfelues, but onelyirc tohauethc 
 difpofition thereof. 
 
 Finally‘to proue that it is meerely Collate¬ 
 ral!; : If the patron & Ordinary doe nothing but 
 giiie licence to the perfon to charge his Re&ory 
 with an Anuitie, this (ball bee a good grant to 
 Charge the Church in peepetuitie. For that, 
 that itis not to any other freeienants a Charge, . 
 
 but to the parfon;becaufe neither the patron,nor ^ 
 the Ordinarie canhaue the Church themfelues, g 
 but onely to difpofeandbeftow the fame, vpon 
 fome other; ncuertheles, fueh afTent ought to be 
 by writing. Lect.j, 
 
Lbct. 3« 
 
 The feuerall intrefoofth Patron and Ordmrk, 
 and what it is. 
 
 l N the Le&ure next before, I hue 
 ? let forth to you the tight that both 
 ‘ the Patron and Ordinarie hath 
 »joyntly to intermeddle in the 
 CiiUrefij Now it remains,likewife that 1 declare 
 thtirfeuttall Intrtfts: Therefore at this preient, 
 
 I intend to deiiuer fomthing touching the Col¬ 
 lateral Intreft of the Patron foie,and aiter ro ex¬ 
 amine, what manner of Inheritance an Advow- 
 fitt is, and lb to referre the Intreft of the Ordi¬ 
 nary foie to a more cojmenicnt place when as 
 we (hall come to fpeake of Admilfion and In- 
 ftitution. 
 
 What Collateral! Intreft alone, the Patron 
 hath in the Church, may ia briefe thus be decy- 
 phered 5 firft,by the Common Law, (before the 
 Statute of Wejtminfier fecond,) as hee ought 
 by the opinion ot fomc men, to bring his writ of 
 Advowfat, of the fife part or any iefle part of the 
 Tythes and oblations of the Church in any fuite 
 PHzb, ys.h of Iadicamt, attempted againft the Prefentee, or 
 Incumbent,that hath fued in the SprMallCMt 
 fee the Recouerie of the fame , and hath caufed 
 thePatroaage in this refpeft, to come into 
 queftion, 
 
Jdvewfons r 17 
 
 queftien, or as feme n;cn thinkc he might haue 
 
 had his Writ ot Hem, as a Precipe quod redcUt ^ % 0 
 
 udvocationem quinque acurtm terra, or one a- a.Per Per- 
 
 creoi Land arid itic-h like; For which.caufe the te/cue. 
 
 Statute was made, to be a refiraint for bringing 
 
 the lame wri^ofany leffc part then of thefourth 
 
 part of their Tithes j (o that the Statute in this 
 
 behalfe, was but areftraint of the Common 
 
 Law : Winch arguerh, that the comparing of 
 
 the Redone, teadeth Collaterally to be anitn. 
 
 peachment and preiudice to the Patron him- 
 
 felie, and foimporteth a Collateral! Inrreft that 
 
 the Patron hath to the Church. Againe,fey the . 
 
 graunt of the Church the Advewjon paflethj 
 
 wherefore Herle fayd in the firftparcofMj. 
 
 That it was not long fince, when men knew not Coma SJ Jo 
 vihataajdvow'fon was not meant j but by the 
 Graunt of the Church, they thought the Ad* 
 vowfon tobefufficiently conueyed in the Law j 
 For, laid hee, when they purpofcd to affurean 
 Advowfin, their Charter fpecificd it in the guift 
 of the Church. 
 
 Mercouer,the King being Patron, hath often 
 ratified and confirmed the eftate of the Incum- 45 ^? ^ 
 bent inaRc&oric, that an vfurper had prefen- 
 ted •, by meancs whereof, hce cannot renaoue the J. yH^. 
 fame Incumbent,vnlefle lor fomeeaufc hcc re- 
 pealehisChar ter of confirmation. 
 
 Notwithftanding, if the King recouer by a 
 gum imp : and after confirmed! the eftateof 
 D the 
 
i8 ojdvovfons, , 
 
 Ittzbfal. the Incumbent, that the vfurper prefenred, by 
 meanes whereof,heecannot be temoued; at the 
 next Avoidance the King fhall prefent, tor the 
 ludgement giuen for him was not at any time 
 executed, which alfo ptoueth the Collateral! 
 Intreftjthat the Patron hath to the Church; for 
 ' no parfons can lawfully confirmej but fuch as 
 hauc right to the thing confirmed. .. 
 
 4 3.£«3<i£' Ancient Bookes haue held,and that not with/ 
 
 20,5.4.15 > outreafoaj That an \yldvewjin hath fuch an 
 5.« 7.i7> aginitie with the Church it fclte, to which it is 
 \z.Hn > \ 6 a g MnM ^s and to which it is aCollaterall Intreft 
 2a (as hath bcene fayd) that it fhould pafTe by Li- 
 * uetieoffeifiaj made at the Ring of the Doore of 
 
 , theGhurch j ; and although by: fuch meanes it 
 
 paffe not at this day j being tneerely a thing that 
 lyeth in Graunt 5 yet the fame proueth the Col- 
 lateiall Intreft of the Patron to the Church 5 
 for this opinion holden in the Bookes, is gran* 
 ted for the like reafons. 
 
 Ina Writ of lightofAdvorvfim, the Parfon 
 54>. ’ * fhall bee fummoned in the Church , or at the 
 
 doore ofthe Church 5 And if a villeine purchafe 
 - < ' .an Advewfin in grofle, (Littleton iairh) full of 
 _ : _ an Incumhentjthe Lord of the lame villein m ay 
 
 come to the&meChurch and their claime,ahd 
 . ,: the Jdvowfon fhall be in hira j All which things 
 added to the former, fufficiently proueth the 
 Collateraii Intreft that the Patron hath to the 
 Church. 
 
 Lsct. 4. 
 
: it idvctofom* ip 
 
 Lect. 4* 
 
 What manner of Inheritance an utdvowfon 
 
 |EE arc now to coriuder, what ^ 
 manner of Inheritance an uiL 
 vowfon is 5 wherforCj'Iet'vs con- 
 fider, that euery Inheritance, is 
 eyehcr: 
 
 - 1 C Corporate, 
 
 .■ Hereditas < or 
 
 CJncorporata. 
 
 Hereditas corporate is a Meadow, Mefliiage, c«tnj jS.,v 
 Land,pafluie,Rents 4 &c. that hath fubftance 
 in themfefues, and may continue for euer. 
 
 Hereditas incorporate is, Advoivfons, Vil- 
 !eins,Wayes,Commons,CdurtSjPifcarieSj&c. 
 which ace and may be appendant or appurtenant 
 to Inheritances Corporate, 
 
 An K^ddvonfm therefore is Incorporate, of 
 which a man may be Seified,though not of 
 mefne, yet as of Fee, andas of right. 
 
 And although great Deputation hauebeene 
 incur bookes, whether an ^Advewfon may bee 4 °-®* 3 * 44 - 
 holden or lye in tenure, yet the moftautherities *' hI’ 
 concurreth and are, that myAdvowfont.uhex in \ 'f a ‘ ^ ^ 
 Htf'Uk 5.ff.7.37 : i4.ff*7.J$.4. isM.y.2, 43 .^ 3 . 85 .^ 
 33.«.^3S. 5.».7-33^. 
 
 D 2 groffe 
 
2o jfdvowfons. 
 
 grofle or appendant, lyeth ia tenure, afwel 1of a 
 Common perfoo, as of theKing. Fora Cejpu 
 uit lyeth thereof, and fome baue holden that 
 the Lord of whom it was holden may diftreine 
 (either in the Church yard, or in the Glecbe) 
 33 ,ff 6.35 the beafts of ihe Patron one!y, if they happen to 
 i. 5 -^- 7 * be there found, 33.#^. Ga/re^/coiitrarie s but 
 37i.1j.ff though the law be,.that there cannot bee taken 
 anydidreflc, yet the fame makes not any im- 
 14.ff.42i peachment of the tenure, and being parcel! of 
 a Manner or appendant to ir,>it may bee holden 
 as fome bookes ax^pretparticulaUla. 
 
 Therefore it is holden and faid, that an \JLd- 
 vQiefin is a tenement, and therefore whereas the 
 Sing hath giuen licence to an Abbot to amor- 
 tife loads and tenements to fuch a value, by ' 
 force whereof he purchafeth onJdvowfon; zad 
 thiswasholdea good, fufficiently purluing this 
 liceRCC,and therefore in the books an iffue was 
 yiff.7,3 7. taken, if the fame ^Advorvfen were holden in 
 Q».% Ifc Capitie^ and therfore,if a man grant a Ward,or 
 
 Oj»»Uterr*ir tenementAjL hat he hath by rcafon 
 of his Ward, if there bean Advowfin holden of 
 the Lord, being guardian the fame pafTeth to 
 the grantee, by the words of Omnia terras &te- 
 nemmta. 
 
 Of on Adywfin* precipe quod reddat lyeth 
 so.f.-fiyi very well, and a writ of Dsnwfhill beemain- 
 . taincdofthcfame,bythe wiucs of fuch as baue 
 fuch inheritance therein as giucth a dower, as 
 
 “ ‘ ~ ’ before 
 
sAdvortfons. %i 
 
 before hath beene (aid, and fo the husband of 
 
 her that hath the nbericance in it (hall be tenant g 7 ‘*j! 
 
 by the Courrefie,although there neuer were had 
 
 any prefentation by the wife to ir. x 
 
 But yet there (hall not be any difeent thereof, 7^ >a% * - 
 from the Brother to the Sifter, of the entyre 
 blood,by the tnaxime otpepfiofratris.&e&\xx 
 the fame (hail dilccnd to the brother of the balfe 
 blood; vnlefle 5 thc firft haue prefented to it in 
 his life time, but if hee haue prefented in his life- 
 time, then it fhall difeend tothenextheirc of 3 ^ 
 the entire blood. 
 
 In Advowfin is an inheritance and cannot be 
 dcuided into parts or parcels, for in a writ of 
 right of Ad/voufm^ the tenant fay, that the de- 
 tnaundantis leafed of the fixt part of the LAd- 
 vowfopi this {hall abate the whole writ, and yet 
 part thereof may be ifi fome fort confidered, foe 
 there is an vfuall difference taken, betvveene Ad. 
 vccatio mdietatis Ecclefa, and medietas Advo- 
 tiems Ecclefia. 
 
 For Advocatio mdietatis Ecclefa, is where 
 two Patrons be, and euery of them bailing right 
 to prefent a feucrali Incumbent to the Bifhop, 
 to be Admitted into one and the fame Church, 
 for diners may be feuerall parfons,and liaue c: t: . - 
 
 of Soules in one Parifh, and fuch Advowfon is 
 a Hkein euery of thofe Patrons, but euery of ‘J 2 
 their prefentments is to the moitie of the fame j s 
 Church5 and therefore it iscalled Advocatio 5 o’*. 
 
 D 3 medu 
 
n Jdvovrfons. 
 
 mdictatis Ecclefia, or as the caufe falleth out, 
 
 - • - aduocatio tertiaparus Eccle(ia,and the like. 
 
 « s » -o h ^ uc ^ e ^‘ etAS fiduemionis Ecclefa } \s after per* 
 Fidb ‘i t k t * t ’ on hetwcene perceners, tor although the Ad- 
 vowfon bee entire, amonglVthem, yet any of 
 i i >.3 3, them being difturbed to preient at his tutne fhal 
 
 h. 6 /n,b t haae the writ of CVedietate, or of Tertia , or of 
 5 %&>!■ Qitarta parte <_Advocationis Ecclefa, as the cate 
 
 lyeth. 
 
 r 4 H 6 1 ? Alfo,if two Patrons offsuerall Churches make 
 h,Eitzh,\i vnionj.or confederation, of their Churches by 
 - the a (Tent of ali thole whole content is requifice, 
 the patronage of eutry of them (hall not be but 
 medietas Advocationis Ecclefia j bccaufe, but 
 one Incumbent is onely in this cafe to he pte- 
 fented,and not AdvocatiomedietatisEcclefa. 
 
 And this Difference is onely taken and ob- 
 lerued in the writ of Right, which is altoge¬ 
 ther grounded vpon the right of Patronage. 
 But in the £>*an Impeckt^ which is onely to re¬ 
 amer Damages, no fuch diuerfitie is confide- 
 red, but the writ, is gcnerall, Prefentare.adEc- 
 dejiam. 
 
 Lafily, it is to beconfidercd j what temporall 
 profits,value ot Gommoditie, this kind of In¬ 
 heritance is reputed toibeof .: It is riot by the 
 Law of God, to be beftowed vpon any Incum- 
 1^9 H 6 beat for any need or price; but onely rclerued 
 
 57,4,3*! for fetch as arc worthy thereof. And therefore it 
 
 iafaid; * That Guardian. in Socage of an In- 
 
 fane, 
 
Jdvoyafonsy ' -2% 
 
 fant, fhallnotprelent to any Jduowfon ; becaufe 7>16- 
 fucb prefentation, is not ro bee bellowed for * i 7 h lz ' 
 price j for that, that fuch Guardian cannot ac- 
 count for thefame, yet neuertbeleffe^ecaufe the 
 Patron thereby may aduance bis friend, it bath 
 beene often efieemed for Affets in Formedon. . 
 
 And as the value thereof may come inquefli- $,£, j. ■ 
 on, as ia a writ of righ t of Advowfon, where the &tzh,rtc 9 . 
 tenant avoucheth, and the vouchee ioofeth, the 
 tenant fhall recouer in value againft the voii- 
 ehee, for cuery Marke that the Church is worth 
 per j/#w«w,xij.d. So thac the thing which of it 
 fclfc is not valuable, is by a fecondarie meancs 
 made and efteemed valuable; becaufe that o- 
 therwife, this mifchiefe fhould enfue thereof, 
 which fhould be a Ioffe without recompence. 
 
 1. By this it appcareth, that it is an Inheri¬ 
 tance Incorporate. , ‘ 
 
 2. That it lyeth in Tenure. 
 
 3. That it pafleth by the name of Tenement. 
 
 4. That a precipi qued reddat lyeth thereof. 
 
 5. That both tenant in Dower,and tenant by 
 the cotirtefie, and in feme cafe a Pojfeftojratris ,. 
 may bee thereof. 
 
 6 .. That it is entire by nature, though by .ac¬ 
 cidental mcanes other wile, and infomerdpc<ft 
 deuifable. . ; 
 
 7 Though it be beftowed grata, yet it is va¬ 
 luable , for which it is a benefit to aduaace a 
 friend,andfor being insured therein wc (hall re- 
 conu damages. LicT.5,.. 
 
14 - Adwapfons* 
 
 Lect. 5. 
 
 The word Right, and the word ^Advowfon ex- 
 fLined, and to whit inheritance an Advow- 
 
 refteth at this prefent, for the 
 more ample explication of this 
 gpsgj |||k vrotd Right, (whereas in defining 
 faC^JfgSL*^ an Advowfon, wee lay it maketh a 
 K^-v) to fet forth the dunisons of Advowfms, 
 and to profecuteeuery part deuided with a lull 
 Difcourfe j that thereby, what manner of right 
 and inbcritancean Advowfon is , may be the bet¬ 
 ter perceiued. 
 
 Advowfm thereforc,are either appendant or 
 in grofTe, or part appendant part in grofie. 
 
 An Advowfon appendant,is a right of Patro¬ 
 nage, appertaining to fotne eorporali Inheri¬ 
 tance; fothat, heetbat hath the lame Inheri¬ 
 tance, is thereby alfo entitnled to hauc the other 
 .as annexed to the fame ; For an Advowfon 
 Lit 20 * P a ^ et ^ *lwaies with the Inheritance, to which 
 4. “ is appendant • valefle, there bee exprefle no- 
 
 Z,H,j£}n mination onely by thcle words (Vna cumperti- • 
 nentijs,) except it bee in cafe of the King, where 
 the Statute He prerogatiua Regis, eap.i%. pro- 
 uideth exprefle words to make the fame to pafle. 
 
 The original! of Advowfom appendant at the' 
 begin- 
 
beginning muft be in this manner, fythence Pa- 
 tronagss were wonne and gotten as^before hath 
 beeue declared'j and that either rationfmdati - Cm. tSiU 
 onis dotations oi fundi, were (as it feemeth by 
 all conformity of reafon^) the ©riginall foundati¬ 
 ons of Ad.vowfons appendant 5 for when Man¬ 
 ners were created, either the land vpon which 
 the Church was bitilt was landvparcsllof the 
 Mannor,or honor to vvhich it is appendant,and 
 he that was Donor thereof, gaue the fame to' 
 build the Church vpon, and thattbxJdvorvfon 
 of the fame Church fo built, fhould beeappen- 
 dant to the fame Manner , vihkh is ratione bH> 7 < 6 * , 
 fundi. . ’ 
 
 Or hee that was owner of the fame Manner 
 or of any fuch corporal! Inheritance, endowed 
 the fame Church With parcell ofsbeland of the 
 fame Manner, honor, br/uch like corporallln- 
 hericance, and gauc the fame to the Gteebe, of 
 fuch Chuch vpon which the Advowfoa by or¬ 
 dinance of the Ordinary,and by the conlentand 
 agreement of all others,whefe confeists werete- 
 quifite in this behaife, was at the beginning ap¬ 
 pointed tohe appendant to fuch Manner, Ho¬ 
 nor,©!' other corporal! Inheritance, in recena- 
 pence of fuch liuely.hood, and dotation bsfto- 
 wed vpon the Church. : 
 
 And Hereof it.enfuetb, that if at any time the s .#.7=3 7. 
 Church bee defoIued,the Gleebe and land vpon a i 3 ^ n: 
 which the Church was bujlt, fhaill returne and £-4 
 E ! efcheace 
 
%6 Advtwfons. 
 
 efcheate to him or them frora whom it was de- 
 riued and deduced. 
 
 Fitde, j 3.^ As.in Iikecale,vpon thediflohnion of an Ab¬ 
 
 bey, the fame (ball not returne to the founder of 
 common right, vnleffe feme other ordinance be 
 made to encounter the fame. 
 
 ' 1. Therefore to auoyd confufion in the con¬ 
 federation of Advowfim appendant ; let vs firft 
 fee, to what fort of Inheritance Advowjm may 
 be properly appendant. 
 
 2 Secondly, in what manner it is appendant, 
 (that is) if it bee part or parcel! of the Inheri- 
 tance to which it is. appendant, or if as accident 
 or tKceffarie thereunto. 
 
 3 How it may bee feucred from His princi¬ 
 pal!; and againe,bywh*t roeanes it may bee 
 thetevnto recontinucd againe. 
 
 I- As to. the it may be appendant properly 
 
 and originally, to things that are ontly laheri- 
 Ctm.iyo.v tances cdrporali,that are compound ; As to an 
 io H,7 !•.. Honou r ,Earledqnae,or fuchlike;'likewife,to,a 
 ’ 7 ' Caftle, more vlually to a Mannor; all which 
 priudpall things, that is to lay, the Earledome, 
 Honour, Caftle and Maanor,&c. are Inheri¬ 
 tances compound, made and combined of di- 
 uets things,and in nature different, being thole 
 which the Logicians call Ttta lntigratia. 
 
 2 It may bee appendant to an Acre of Land, 
 or to a Mefiuagc, to a Rc&orie, Parfonage, 
 Church or fuch like; And fo one Church may 
 ’ bee 
 
Jdvow/bm . ij 
 
 be appendant to another, of which we (hall take 
 occafion to fpeake in the Le£hues following. i 
 
 /But at this prefent, let vs fee in what fort it 
 may be appendant to a Mannor. 
 
 Advowfin that lyeth in one Countie, may be 3 3 fl. 6 , 4,’ 
 appendant to a Manner that lyeth in another b,lib.vlt. 
 Countie j And how two or more Advowfons 34 < f * 3 ‘ 
 may be appendant to one Manaor, may be ma- %t Art 
 RifeSedtta. 
 
 If hee that in Ancient time was feified of a 
 Manner, that extended fo large as it was diui- 
 ded into diuers Parifhes, the Lord of the fame 
 Mannor, eyrher gaue ont of the fame Manrtot 
 land to build, or to endow euery of the Chur- 
 chesj and fo euery of them might be appendant 
 to the fame Mannor. 
 
 How one Advowfen may bee appendant to 
 two Mannors, may likewife thus appears. ' 
 
 Suppofe that xjd. be Seified of an Advorvfon 
 of the Church of Dale, as appendant to the 
 Mannor ©t Sale, and that both thofe Churches 
 by the Ordinarie, and by the cenfent of both 
 the Patrons bee vnited, aad called the Church b.to,Dye?, 
 of Dale, and ordained that the Pattons (hall 
 prefent by turtle for euef j thefe Churches by 
 this vnion and confederation are made one, and 
 fo the Advorvfon entire, andrio monks as ishe- 
 tweenc Coperceners, joynten*ms,*nd ! tenants 
 in common j and therefore if-is appfefidanf to 
 both Mannors,for thePatrohsfeuerallypiefen- 
 " E * tine. 
 
*8 Jdvowjons, 
 
 ting, fha!I prefent to the fame Church as appear 
 dantto both Mannors, (that is to fay) the one 
 fhsll prefent feaerally to the Church as to his 
 Marmot of Dale, and the other alfo (hall pre¬ 
 fent thereto when his turne conrimech/s appen¬ 
 dant to the Mannor of Sale. 
 
 Yet foffie are of opmion, and feme authors 
 24 H 6 ->k ties t ^ er£ ate, that each of the fame Patrons after 
 thefamevnionjisfeified De medietMe.Advoca¬ 
 tionis Bale fix. 
 
 And in what manner foeuer thefame Advorvfsn 
 be entire, yet is the Parfons intreft feueraii; For 
 if fuch fncumbenr, which is prefemed after fuch 
 vnicn made, graunt a rent charge out of the 
 GIeebe,and one of the Patrons onely confirme, 
 no Diftrtfle (after the Death of the Incumbent 
 that granted the rent) can bee taken vpen the 
 * Gleebe, that belongeth to the Gleebe of the o» 
 thet Patron, to make the fame fubiedl to the 
 charge in perpetuitie 5 for that, that- bee confir¬ 
 med not- 
 
 tiJtS & ut ^ the Mannor oiDale, bee holden of the 
 
 54,6. * ' Mannor of Sale, and to the Mannor of Dale is 
 
 * * an Adymforiaip$bnda.&t j . and that the Mannor 
 
 of Da/c hath; Efcheated to-the Mannor of Sale, 
 to that the Demeancs of the one is become par¬ 
 cel! of the Demesnes of the other j yet the Ad* 
 vtmfon flrall be ftill faidappendant to the Man- 
 nor pfrDalcrfsit was at thefirft ; And the Man-. 
 nor pfDrffc fiialf continue Hill in reputation & 
 
 : ' Man- 
 
JdvOWMSo ■ 2f 
 
 Mansor, in refpe& of fuch shings as ai;cappeir* 
 dant therevino. 
 
 The mohfcofan Jdvowfovmay bee appen- 
 danc to a Mannor, or parcel! of a Manno'r, j 3,^ * * 
 
 Alfo, in the pleading of a cafe in Ed. 6. by 
 Dyer, it appe.areth that one fourth part of an 6,£.6.74ft 
 Advowfon was alledged to be appendant tothe ^ ^ r ° 
 one moitieof a Mannor,and another fourth part 
 of the fame Advowfon was appendant to the 
 other moitie of the fame Manner, and the other 
 two parts were in grofle: yet neuertheieffc an 
 Advowfon (in euery fuch or the like,cafes), can¬ 
 not be faid to be chuided properly, for that,that 
 itisentyre, if you refpe<St the prefentation and 
 not the light of Patronage. For if ; a man hath 
 an Advowfon and giueth one part thereof to A. 
 and the othcrpanto jSy& onethird part toC.yee 
 the Advowfonremaimh entyre amongft them, 
 and if any of them difiurbe his companions 
 they are without remedy, for that they ought 
 to ioyne in a Jtuarelmpedit, becasfe the prefen- 
 Mtion is a parfonall thing, arid entyre, wherein . 
 they ought to agree*, but feeke how they can fe¬ 
 tter in thefe caufes in a writ of Advowfon. 
 
 Moreouer,as touching tlse right of Patro¬ 
 nage, if one bring a writ of right of Advowfon^, 
 and thetenant pleadeth that the demandant is 
 feified of one fixe part, ©r of.feme one part of 
 the Advowfon, the entyre writ {ball abate, not ? . 
 withstanding ifit be in bane but for parce)J,be» 
 
 B'$. cads 
 
<sAd'VQ'foJons. 
 
 caufe the Advowfon is earyre, and not feuerall, 
 by reafon wherofthe demandant cannot abridge 
 his demand. 
 
 18,5.3,15. And as m the cafes aforefaid it hath appeared, 
 that aa Advowlon of a Church may bee ap. 
 pendant to 2 Mannor, in like manner may the 
 Advcwfoa of a Priorie bee appendant to a 
 Marnior. 
 
 Lect. ۥ 
 
 To j vhst things an i^ddvowfon may bee appen¬ 
 dant fecondarily. 
 
 N the Le&ures aforefaid, was 
 (hewed,to wfeat fort of Inheritan- 
 ; ces an <jidvowfon may bee appen¬ 
 dant originally j Now it remai¬ 
 ned to thaw to what things it may bee appen¬ 
 dant fecondarily. 
 
 41 ,^.4. An ^Advowfon therefore cannot bee appen- 
 Pttzh 88. dant to one Acre of land, or two acres,but only 
 3 5 * to fuch parcels of land as haue bcene parcel! of 
 
 a Mannor, or parcel! of any Earldome, Caftle, 
 or {ueh like Inheritance, to which an Advowfon 
 may bee appendant originally j But in what or- 
 der the fame may bee appendant to one Acre, 
 Fitzb^faf v ‘ con ^ er 5 f° me hec of opinion, that if a 
 mentslnl manbe feified of a Mannor to which nxnytd. 
 feof t ii 5. vtwjba is appendant, giueth certaine acres of 
 
 the 
 
the fame Mannor, vna cum Advccatiene to ano¬ 
 ther, in luch cafe the Advowfon flaal) not pa fie, 
 io die grantee, vnlefle the fame be by Deed, and 
 fo the iame fhalbe appendant ro die iaaie Acres. 
 
 Solikcwife, femeholdopinion,thatif aman I? E 
 be feified of a Manner, to which an Advowfon 2 g^ j J 1 
 is appendant in right of bis wife or Ioyntly with 22 ,E. %A x b 
 his wife, add maketha feofement infeeofeer- y.a.Jhrfe, 
 taine acres parccllof the demesnes of the fame 
 Mannor vna cum Advocatim^ni dieth;that 
 the wife noewithftanding this, may prefem to 
 the LAdvmfon, before fherecontinuethe fame 
 acres, by Cui in vita • becaufe (as they tfiinke) 
 the fame Advewfm is not appendanr to the 
 fame'Acres, and inch alienation is not but du¬ 
 ring the life of the Husband. 
 
 Ncuettheleffe, I doe not perceiue any great Fitzh.^ 2 .a 
 reafen, t^hy. the Law ftiould be fo in inch a cafe 5 
 for if a tenant in tayle of a Mannor, to which an 
 Advowfon is appendant diene fome of the fame 
 Acres parcel! of the Mannor, together with the 
 Advowfon, although it bee without Deed, not- 
 wichitandingic is appendant to the Acres, and 
 cannot berecontinued but by Formedon to be 43 -^ 3 * 
 brought for the fame Acres, which cafe in rea- ^jf' or ' v * 
 fon, being like to the Formedon ©f the Acres 1 Dr ?' 
 ani Advowfon aliened by the husband, 1 know 
 not any difference of 1 Law that fhould bee be- 
 tweene them* And therefore,ifa man bee feified 
 of a Mannor to which an Advowfon is appen¬ 
 dant 
 

 Cerv.i jo b. 
 
 vj,E,l,5id 
 
 jio.S.^. 6 .b. 
 
 vuH6.^zJb 
 
 i 7 8 - 7- £ .3 
 13^.5 i.«*. 
 
 eb ftits 3 1 x, 
 (?. 5.£,?,26 
 
 b. sr.H.6, 
 
 14 ^r-.Fiizbm 
 
 33 ^-M* 
 
 & 35 -J- 
 
 y& Mwftjms. 
 
 dantand make a leak for life of the fame Man- 
 nor, vna amadvoe&timjxi the kffor enter into 
 ■the feme Acre of land for forfeiture, hec hath 
 recostinued the Advewfen, as appendant to the 
 fame Acre. 
 
 An Advo&fhn cannot Originally bee appen¬ 
 dant to a MefTuage, but Secondarily it isay; 
 
 _ therefore if an Advonfon be appendant to a par- 
 cellGf land, which was force times part of the 
 demefnes of a Mannor and fueblike, if a Msffu» 
 age be built vpon the fame parcell of land, the 
 Advojpfin {hall be appendant tothe&me Jvfcf- 
 (uage, and if the {arae Mefluage fall or bee 
 puffed dewne, the fame Advmfon fhall bee 
 againe appendant to theSoyle, as it was 
 before. 
 
 So likewife,an Advowfm may by a fccondary 
 meancs be appendant to a Rectory, for.Vica- 
 ridges being not firfi ere&ed (in as much as the 
 Sabititute cannot bee before theprincipall) but 
 all at trie beginning were Parfonages, of the 
 which Vicaridgcs were deriued, and that for the. 
 moftpsfrr, by the reafon of many Impropriati¬ 
 ons of bene&es, to the hoafes of Religion, and 
 Spiritual corporations,which were not of them- 
 feluesin all points fit for the fun&ion and cure 
 oHouics. 
 
 The reafon is, becaufe that the o ddvwfe# 
 of a Viearidge fhouidkec alwayes appendant 
 to the Rc&ory of a Paifonage, f© that be that 
 
 is 
 
Ahmfonu 
 
 is Parfon 5 or Perform imfcrjenafoi they call him) 
 of this Clutch, is of common right Patron of 
 the Vicaridge, of the fame Church j except, 
 fome other feuerall ordinance at th® beginning 
 of the endowment of the fame Vicaridge were 
 made to the contrary. 
 
 And therefore,by the graum ©fa parfonage _ 
 
 with all the hereditaments thereto belonging, 
 the Jdvcwfo# of a Vicaridge paficth to the 
 Grantee. \ luanZ] 
 
 In the fame manner it flaould be, if tbe Vi¬ 
 caridge were endowed, fo there be a Paifon x j g 
 and a Vicar both prefented into one Chureb, as *.#• jai, 
 by the Law there may well be j biirlif the Vica- 
 ridge bccome voyd, and bee that is parfon ha- 
 uing the Advmfon of the V icaridge (as of com¬ 
 mon right hee ought) prefenc one to 
 the fame Vicaridge by the name of Parfon, 
 who is admitted and Inftituted accordingly, n.tf&it 
 by fuch prefentation hath the famc'Vicaridgc 
 loft the aforefaid name,and lYbecenamed a Par¬ 
 fonage j trnen quera if tbs firft Parfonage re- 
 snaine, and if one of tkofe parfonagts (if they 
 both continue) be appendant to theother; but 
 itfeemeth bytheBookeof u.H. 6 .that there 
 (bouW be but one Parfonage, and the Vica- 3 ’ 
 ridge extindh 
 
 An uidvmfon of a Church or Chappell, 
 cannot originally bee appendant to another Gmj 6 $ % b 
 Church or Chappell j for that, that things of 
 P ose 
 
one nature eannotbe originally appendant each 
 to other. Bin notwithftanding, fecondarily the 
 Aiytwfin of a Church or Chappell may be ap¬ 
 pendant to another Church or Chappell. 
 
 £ Q As if the Advotvfon of a Church orChappel! 
 
 a.Fivdb. ' bee appendant to one Acre of land, that was 
 hafoHi fornetimes paccell of a Mannor, orfuch likes 
 V. andiafter a Church or Chappell bee built vpon 
 • " it,thelaftnewere&ed Church fliallbeeappen- 
 ' ; . ■ dant to the aforefaid Church. 
 
 3 3. £.5. An Advcwforimaybe amortized to a Church 
 
 FH^hMdJe or Chappell^ and if itberecouered'and loft by 
 Defaultj the parfon thereof may haue a Writ 
 ofrighr. . ' 
 
 •; A'adanAdvovftn may be parcell and part of 
 lirid.Fitd}. a Deanerie, and if the fame : bee : in any free- 
 Ie Chappell of the King, if the Deane be implea. 
 
 dcd,hcmayoftbishaueaydeoftheK!ing. And 
 tfiusmuch cdhcerning Inheritances, to which 
 an Advmfw may be appendant. 
 
 Lsct. 7. 
 
pfdvoi^Jons. p 
 
 Lict. 7. 
 
 In wkat manner ^Advow[ons : are append antis a 
 Cblanntr. 
 
 Ow it refteth, that I determine in 
 what manner juidvewfons are ap¬ 
 pendant.. And fitftofali, if the Ad- 1. 
 
 wn;/<?»bepart or parcel! oftheln- 
 heritaneej to which it is appendant, and whe¬ 
 ther it bee onely accident, or incident there¬ 
 unto, •• r.Vr- :: ; 
 
 Secondly, ifan Advowfon, be appendant to a 2o 
 
 Mannor, that confifteth of'Demeanesandferui- 
 ces, in refped both ®f the demesnes -and ferui- 
 ces, or if it (hall be laid appendant to a Mannor. c 
 in refpedfc onely of the Ijemefnes, in as 
 much as the Demefnes are onecorporall Inheri¬ 
 tance, andfuch partof the Mannor as.onely ly- 
 ethin manaell occupation. ... 
 
 1 As concerning thefirftj the Authorities of 
 our Bookes are diuetfly deuided, fome tending 
 tooneeffedt and fome to another , our befi 
 courfe therefore is to confider the Arguments, 
 and to giue cenfure with'that which feemeth 
 moft agreeable with Law, Some hold that an 
 Advmfon appendant to a Mannor and the like, 
 is eythcr part or parcell of a Mannor, Hoheur, 
 
 &e.or other Inheritance to: which it is append 
 F 2 s . dantfe 
 
zAdvowfom, 
 
 ' dant. And they ground themfelues vpon the au¬ 
 thorities of 43 R. 3.3 2 .a b. where it was adjudg- 
 ^* 5 * 1 * ed that thegraat cbatKingZ/.the 3.made tor he- 
 
 nel Marshall of a Manner. to which an Advow- 
 fin was appendantjivithouc chefs words 
 tinmijs) and without any mention of the Ad- 
 wwfin $ yscnorwkbftandihg,. the Advotvfon 
 pafiedincafe of the King before the ffvtute of 
 frarogatlvaRegis^Caf. 15. Andfo likewifeit 
 is in the cafe of a common parfon at this day, 
 although in the 8. H.7.4.& the opinion of fome 
 others, in the 5 M." t . 38. b. be againft it, vpon 
 Z2,H.6.3$ which they inferre; that an Advotvfon is pared! 
 Ub.fmd.leg. cf a Manner, for fo; expreffdy is the opinion 
 7°* of others in tbs fame booke of 5 .tf.7.38 .b. 
 
 Xt Secondly, inthe 9 t H.6. 28. b. and in the 38.' 
 
 Ratio. 2. ff.5i33,<r.inthe Abbeyes ofScyons cafe, the 
 
 difference is agreed for Law, that if the King be 
 feifiedofa Mannorto whichap ^Advowfon is 
 appendant, and granteth the fame Manner,and 
 fJH.6, tS, in the grant the words of the Partcnc are dedmm 
 or S.b. edneeftmusy the Manner of2>. expreffrag not 
 
 the Advo&fon in the claufe of the grant, if after¬ 
 ward in th £ habendum there bee, habendum cum' 
 aduocatmcoi the Church of D . the advotvfon- 
 2%.H 6 ,zi paffdth byfuch grant, although it be not com- 
 3 9<b* prehended in the daufe of the grant 5 but if the 
 
 ' King gram the Mannor of D . to which no Ad* 
 vowfon is appendant habendum cum aduacationb 
 Ecelefu de S. this Advotvfon paffeth not j for 
 
Advowfons* 37 
 
 that, that it is mentioned after the grant,the rCa* 
 fon efwhich difference they thinke to be, be- ' 
 caufe in the firft cafe, theaforefaid Advowfon 
 appendant is parcell of the Mannor, which 
 is not fo in the laft cafe in the 8. H.j. 3 ,b. and ' 
 likewife in the lo.H.j.ip.a.h is laid, that an Ad- 
 vowfon appendant is a compound thing, to the 
 compofition whereof, diners things arerequi- 
 jfite, ah which things commixt, make the Man¬ 
 nor and euery of them is parcell thereoi, for as 
 Rcnt eannot be Land, fo Land cannot bee an 
 Advowfon nee tconntrfo , yet euery ef thefc 
 things of diuers natures, make the Mannor, A ^ ec j,] c * 
 and are parcell of the Mannor,laith Keeble. 
 
 And if a man demand a Mannor by his Writ Ratio. 3. 
 and an Advowfon is appendant thereunto, hec 
 ought to make an exception of the Advowfon, 
 which feemeth to produe that an Advowfon is 
 parcell of a Mannor, vpon the other part thofe 
 which affirme that an Advowfon is not parcell, 
 butonely appendant to the Mafinor, denyetli 
 that an Advowfon lyeth in Tenure ; for that , 
 that only the pfincipall thing is holden, and not 
 the thing appendant to fuch principall ; As y H.j.^ 6 t a 
 Leates, Courts, Eftreatcs, Wayfcs, and the & % 8 t a 
 like, for (laid thcy)if an Advowfon appendant be 
 by grant feuered from the Mannor, it is holden 
 fey fuch and.the fame feruices as it was holden 
 by before /or that,that if the Advowfon be feue- 
 isd it fliouldbe holden frofertmk$& the Ser* 
 
 F 3 vices 
 
■ Jdvmfons. 
 
 vicssihould be encreafed, and fo double Servi¬ 
 ces fnould be due for one thing,for fo be fhould 
 hatje the entyre feruices for the Manner, and 
 alfo Service for the Advorvfon beeing feuered, 
 which is repugnant toreafon. 
 
 In this yarietie oi opinions $ I thinke it were 
 moft conformable toreafon, to fay that an Ad- 
 vowfon is not part nor parcel! of a Mannor, but 
 rather appendeat to a Mannor, for the better 
 entendment whereof, the Law of England cd- 
 leth thofe ferts of Inheritances which are an¬ 
 nexed to others, and what the Logicians call 
 x^ddunBA, by thefe names, that is t© fay j Inci¬ 
 dents, appurtenants , appendants, and regar- 
 dants, of which tcrmes of Law ( Regardant) 
 is properly of Villeines , and the word (^Ap¬ 
 pendant ) of a Common or an Admvfon $ of 
 which two an Advowfon is feparable, but a 
 £*>.184. common appendant is not inany cafe feparable, 
 
 for none can haue common appendant, but hee 
 oiiely that hath the Land to which the common 
 9 .£.4,3 9 appendant is appendant. The other two words 
 
 5,#.7. incidents and Appurtenances, may generally bee 
 
 affirmed-of all thofe forts of Inheritances 
 that may in any manner bee annexed to other 
 things, for foa Mannor with bis appurtenances, 
 > .H, 7.4^ may be intended of Advowfons, Commons, 
 Villeines, WaifeSj E8rayes,and the like, which 
 arefaid to be Appurtenances to a Mannor, like- 
 wife the word Appurtenant may be applyed. to a 
 Court, 
 
Court, MdIuage,orGardein, that arefaidto 
 be appurtenant to the MefTuage,the word inci* 21E.4.3 ai 
 dent properly fignifieth thole things annexed 19.^/1 o 
 which are not knowne by the precedent names 
 of appurtenants or appendants, and yet are not- 
 withftanding annexed to other Inheritances, 
 andin fuchforta Court baron is incident toa 
 Manor,a Court of Pipowders toafaire,feaItie 
 to Homage, homage to Efcuage $ fo likewife 
 a Corrody is incident to a Eounderfhip 5 and a* 
 gainc,of tfaofe fomeare leuerabk, as the Cor- 
 rodiefrom the Founderlhip, fome areinfeue- 
 rable.asthe Court-barron from the Mannor, 
 except onely in cafe of the King, who hath pow¬ 
 er to feuer them. But that is called a part or par- 12 t S ,2 8 8. 
 cell,which is a portion, and required to fome 
 compofition ofentyre and compound things,as 
 the Demesnes and fervices are part of a Man¬ 
 ner, theGleebc and the Tythes are part of the 
 Re&ory, fo that thefe are not to be called Inci¬ 
 dents, Appendants,Appurtcnants,fcut parts and 
 portions of thefe compound things, -of which 
 they are (aid to be part,parcell,or portions,and 
 are required necefiarily, to the framing of hi ch 
 entyre thing, of which they are parts and porti- 
 ons,& hereof it followeth that an Advoivfm ap- 
 pemiant is not any part, parcell or portion of a 
 Manner ,no more then a common is part of that 
 thing to which it is appendant,To that the word 
 k fclfc of an Advervjen appendant is fufHcient 
 
 to..-,. 
 
t, Rea fan 
 
 Anfatrtd, 
 
 titeJa.iZi. 
 
 A. 
 
 ?*• 
 
 40 Jdmvpfonsa 
 
 to fet forth and declare the fame, to bee no pare 
 but appendant onely 3 as the wards impotteth, 
 Wherfere the fitftreefon of rhe adueife part 
 may thus be anlwered.The bookes before men¬ 
 tioned namely, ^^E,^.22.a^E.^izJ>.22M, 
 6.314. which are to this effeft, that an Advm- 
 feit appendant may pafle by the grant of a Man- 
 net without faying ( cumgertwentijs) in the cafe 
 of a Common parfon, and f» like wife in the 
 cafe of the King before the Sta tu te of prerogati- 
 ucl Hegis , proueth not that aa dvo&fon is pare 
 
 or parcell of a Mahnor/or this being a thing ap¬ 
 pendant mayafwell pafle with the words {cum 
 fertineraijs) as the things that are parts or por¬ 
 tions of the fame entyre thing pafletb. 
 
 For if a tnaa grant common of Eftouers to 
 he burnt in fueba Manner, of the grantee by the 
 grant of the Manner this common pafletb, 
 withou^the words cum pertinent tjs, for by the 
 feofment madeof the Mannor without deed, 
 all appurtenances pafle by Finch dens opinion, 
 as Pifcz^fabridgerb it, although it be not in the 
 report at Iarge,and for the argument of thofe in 
 the time of Hen. the 7. before renaembred, wee 
 fay for that,that an Advmfen appendant pafleth 
 by the grant of the Mannor it is no good confe- 
 qustiCe, for the reafon aforefaid. 
 
 The fecoad reafon anfwereth the difference 
 in H.6. where the kA dvmfen is gra nted before 
 the hdendum mi where not, that it is not any 
 proofe 
 
proofe that the Advowfin appendant is parcell 
 of the Mannor, for Pryfot faith, that things in 3 
 groff or feuerall being named after the baben- 3 8,rf. 
 dim, cannot paffewithflie firft things fpccihd 
 in the claiife of the Graunt,but things appen¬ 
 dant of appurtenant to the pretttmes of the 
 G rant may very well paffe; al though the appur¬ 
 tenants be fpecified after the habendum. 
 
 As concerning the exception of a nAdvmfip ^Reaftnd 
 appendant to be made, in the Demaand of a Anfamd 0 
 Mannor, the.fame is hot any proofe jthat the 
 Advewpm is part ©f the Manner, for theopini- £ 
 
 onofs/Wtf i$,thatbytheDemefnesof a Man- ydzJblr. 
 nor, or by iheDemelhes of tfiemoitie of a Man> gg^ t ‘ 
 nor, (as the cafe is there) without the words Regifi, 22-s. 
 {cum prt 'mmtijs) the Advwfsn appendant br,mid,^t 0 
 cannot be reeouered. 
 

 mom. 
 
 Lect. 8 . 
 
 ifw dvowfin append Ant that confip of He. 
 
 mefn'es andSeruicei^jhdl bee appendant .in re. 
 jpett of the Demefnes onelj x or in rejpecl of the 
 Demefhes and Services. 
 
 » T this prefent it remained, to de¬ 
 termine if an Adverofon appen¬ 
 dant to a Mannar is appendant, 
 jn refptft that it cenfifteth ©f De- 
 incfnesarid Straices ;ot if it dial 
 bee appendant to a Mannor, in re(pi & of the 
 Demefhes onely, in as miich as the Demefaes 
 arc one corporaii Inheritance, and (uch part of 
 the Mannor, as onely iyeth in manuell occu¬ 
 pation. 
 
 This quefiion was of late time largely difpu- 
 ted,& at the Iaft,vpon grannd deliberation lear¬ 
 nedly determined/n the Common Pleat jw a Qua- 
 re Impedit^ betweene Gyles. Long.P'umuffe, and 
 one Bering Patron /the Byihop of Glocefter as 
 s. Ordinary and Badler as Cbrke, and the fame 
 Pa 9 - 3 9 *. is there among the Rolles of Pafcbe 31 .El.Rot. 
 Eltz.Ret. 2024.' which I haue fet heere neceffarily in 
 
 Tam cafe, bridf i * ad bsin S thus : 
 in Cam. * ‘ A Fcofement in Fee was made of the Man- 
 iaskj ' nor of FrembiSet , and the Advowfon thereto 
 
 belonging, andLiucryofSeifin was made in 
 the 
 
did'op'tifonS' 4.3 
 
 the Dsmcfties, in anno,y. El. and after in anno 
 17. of her Reigne the Advo.wfon was granted 
 to one Ranger, and after in the 25. El. one Boy. 
 ter being tenant of the fame Manner .attorned 
 to the Feoffee, then the Church became, voyd, 
 and if the'Feoffee or the Grantee fhould pre- 
 flnt was; the queftion, for the better entendment 
 whereof, wee will fit ft fee what can bee faid vp.* 
 on both parts. 
 
 That u is appendant oncly in refpeft of the 
 Demefnss, ttiofe or the like authorities or rea- 
 fbns may bee produced, ; ; 
 
 It is fat'd, that an Advewfon appendant to a 
 Mannor,cannot be appendant te a Rent, or Ser¬ 
 vice of the fame Mannor , but oncly to the D*. 
 mefnes, whereof onely if a man hath a Mannor 
 to which an Aduowfba is appendant, and 
 granteththe Dtmtfnticumpertinentijs, the Ad- 
 vawfon paffe. appendant thetevnto 5 fo likc- 
 wife, if he grant the Demefnes, excepting the 
 Advowf>n,theAdybwfon is now becenamed in 
 greffe.' 
 
 If a man fhould hauea Mannor, and blacke 
 acre that was holden of the fame Mannor Ef- 
 cheateth, fa that the fame Acre is become now 
 parcell of the Dsmefnes, of .the fame Mannor, 
 if hee that is fo fsified of the fame Mannor > 
 grant all the Demefnes, excepting blacke Acre, 
 and the fame Advowfon, the Adyowfon is be¬ 
 come in groffe,aftd yet it is;a:Mannor=notwith- 
 G 2 landing, 
 
 S£.6.yo. 
 
44 zAdvoft/ims. 
 
 fend ing, for now blacke acre is onely the Be- 
 mefnes which together with the other feruices 
 caule the Manner to ccntinue,neuertheleflrs the 
 Advowfoit is becomsingrofFe, -for that, that it 
 was appendant onely to the Demefties of the 
 Manner,which were aliened, and cannot now 
 be appendant to blacke' Acre : hecaufc it was 
 neuer before'appendant to the fame, in as 
 much as appendancie is onely granted vpoa 
 continuance and prtfeription, and ho t vgon- the 
 famereafbn. 
 
 If hee that is feifie ofa • Manner, whereof 
 blacke acre isholden, and the fame Efcheatetb, 
 andhegranteththe fame blacke acre, (yna cum 
 Advocatione) the Advewfon paffeth not appen¬ 
 dant te theacre, but iB grofle,as aforefaid; but 
 ifm the two aforefaid cafes, a man were feifie to 
 a Mannor before the Statute of Wefiminfie? 
 she third, Dequiaemptores terrarum , with an . 
 Advorvfon thereto belonging, and giueeertaine 
 acresparcell of the Demefties of the fame Man¬ 
 nor to diuers perfons, to bee holden of the' 
 ferae Mannor, if afterward fuchacres Efcheate, 
 and the Lord graateth : the refidue of the De- 
 mefnes excepting the acres f& efeheated, and the 
 Advawfon ; ih& Advonfon is ftill appendant to 
 the fame MaHnpr: becaufe it was appendant to 
 the feme Acres, before they were giuen to bee 
 belden of the Mannor. . - 
 
 ' Ifa manwjrQfeiSed ofa Maanorto which 
 
an Advewfon is appendant,snd before the Sta¬ 
 ture©! Wefimwjler the third were Jikewifefo 
 feifkd of ether acres oHand in groffe, andnck 
 parccil of the fame Mannor, if he had giuen the 
 fame acres of Land to diuers perf'ons to bee hol- 
 den of the feme Mannor,faste might then haue 
 done/and after the fame acres of Land efehea- 
 ted, now are they parcell of the Demefnes ©f 
 the fame Mannor, although they neuer were fo 
 before, and after the Lord of the Mannor gran¬ 
 ted ^Ithcaricienrand former Deme^ the 
 fame Manner vrileffe one acre, this acre and the 
 other acres Efcheatcd maketh.now the De- 
 mefnes of the fame Mannor.;, and the Advdw- 
 fen appendant , is.ftill appendant to the whole 
 Mannor, but yet it was fo appendant in refpedt 
 ofthe one acre, that was parccil of the ancient 
 Demefnes of the fame Mannor, Snd if the Lord 
 intend at any timeto feuer this, from the Man- 
 nor, and ftill to keepe it appendant to no acre, 
 but enely to tha t which was pareell of 
 the Demefnes ofthe Mannor, all which rea- 
 fonsproouethat the ^Advowfin is appendant 
 more in refpedt ofthe Demefnes then-other- 
 wife. ■ ' L'-' : :! ; : 
 
 Ofthe other part, thofe cafes proue that ara 
 Advowfon appendant to a Mannor is not appen- 
 pant to any partoftheMannor,but to the entyre¬ 
 tie, For ir is ah intyte thing • arid therefore if a . 
 man hathaManndr to w f h inAdvowfon is appen- 
 G j dam : 
 
^6 Advovpfons. 
 
 danr, if he Enfeoff: l.S. of the fame Mannor, 
 and tnaketh Liuetie of the Dcmefnes, and before 
 the Attornement of the Tenants,the Church be¬ 
 comes voyd, the Feoffee (hall notprefentjbe- 
 caofe he hath not the Mannor to which the Acf- 
 vowfon was appendant: but if the tenants af ter- 
 ward attorne within fixe moneths,after the auoy- 
 dance he may very well prefent tfaercvnto, 
 Sobkewifcin the former cafe, if the Feoffor 
 or the efiranger prefent before the Attornment 
 of the Tenants; yet if afterward attornment be 
 had within the fixe^Moneths after the! avoi-. 
 dance, the Feoffee may bring and maintains his 
 Jtoare Imf/cdit, and fo recouer his prefentaiion, 
 which prooaeth that the Advowfon is appen¬ 
 dant to the whole Mannor, as it is entyre, and 
 notby reafon of the Demcfnes onely, for the 
 determinatiof ofthe Law in this • It is true that 
 the Advowfon in fuch cafe is appendant to the 
 entyre Mannor, and not to any part thereof, 
 during fuch temps, as it remaines a Mannor 
 without alteration, or dif joyning the Advow¬ 
 fon from it; neuerthelefle, if you will diflblue 
 the Mannor and feuer the Advowfon from it, 
 and yet defire to haue the fame appendant.then 
 it cannot be appendant to any part of the Mau- 
 norjbut onely to fuch Lands as were of the an¬ 
 cient Deaaefnes of the fame Mannor; where- 
 litigatm. few io tke firft cafe, judgement was giuen, 
 that after the Attornment had, the Advowfon 
 
 paflid 
 
JSotyJbtis, 4.7 
 
 paffd to the Feoffee of the Manner,, as appen¬ 
 dant to the erityre Mannor,and that the Graunt 
 madeintfcemeane time betweene the liucrie of 
 the Dcmelnes,aad the attorRemen: of the Te¬ 
 nants, was v&yd, and that the Advewfon paffd 
 not thereby to the fame Grantee of the Ad vow- 
 fan, but is (by the Attornment, by which the 
 fsruices paffed) made appendant to the entiretie 
 in the hands of the Feoffee. 
 
 Lhct. p. 
 
 fftwan Advmfonmay bee fettered from thefrin- 
 ciPall, and by what meanes it way be recomexed 
 tbefemto againe. 
 
 N the two laft former Le6hires 
 hath beetle declared at large j Ftrft, 
 to what kind of Inheritance ah Ad. 
 
 * vorvfon may bee properly appen¬ 
 dant, and.then in what manner, it may be ap. 
 pendant!: Nowremaineth thethird thing thi?n 
 treated of, that is'to fay, hovrit may be fundred 
 from the priocipall 5 and againe, by what 
 meanes it may be thereto annexed by Entrie or 
 without entrie into its principal!. 
 
 It may bee fuhdred eytber rightfully or by a 
 rightful! conueyance, of which wecfttall fpsake 
 more at large when wee declare the nature ofan 
 Advewfon ingrofle,andef that which is partly 
 
4-8 . Advowfom. 
 
 ia grofie partly appendant, whether it may bee 
 fund red i n a Wrongful! manner, as by a tertim 
 aft, that is to fay,hyDdfeifincfthe Mannor, 
 to which it is appendant, or by a wrongful! 
 afiuranceas by discontinuance, or other wrong¬ 
 ful! difpofeion thereon As for vfurpatian wee 
 fesl! fpeake thereof in a place more conuenient 
 afterward at large,if therefore a man be diffeifed. 
 of a Manner to which an Advorofon is appen¬ 
 dant, and the Advorvfon becomes voyde the 
 Mannor ftill remaining in the hands ofcheDif- 
 ’Br&fan.lib. feifor,this was ancient Law as Bratton faith,that 
 t.fe. 5 ).£ he feouldnot haue prefented to the i^Jdvervfon 
 2 3* vnrillhehad reebntinued or made bis entrie in¬ 
 to the Mannor, becaufefaith he, Quodfefmam 
 habere wn peter it qttisde pertinent ijs , antiquum 
 acqufcretprincipale. But at this day the Law is 
 contrary, fo that i f a man be feifie of a Mannor, 
 and the entrie of the Difesflce being lawful! the 
 Advorvfon becommeth voyde,the Difleiflee may 
 prefent to theChurch, before his entry into his 
 Mannor, but if the Dlfleifor bee feifie of a Man- 
 nor by aifleifin, to which an Advowfon is ap. 
 pendant, and the Church becomes voyd, fo that 
 the diiTeifor prefenteth, whereupon the Clarke 
 is admitted Inftiiuted and Induced, it feeroeth 
 that the difleifee in this cafe fhail not haue his 
 guare Impedit,to tzcoutt his prefeutation, va- 
 leflc he firft enter into the Mannor to which the 
 Advowfon was appendant, and though hee en. 
 
tei?f yet he fhallbedriuen to his a&ion. 
 
 Yetifaraan befeifieofa Mannor, to which 
 an Advotvfin is appendant and bee difleified ©f 
 the fame Mannor and the Church becomes void, 
 arid theDifleifor prefeateth one that is admit¬ 
 ted, Inftitutcd, and Induced, andTo continu- 
 eth parfonYometime after, if afterward the Ad- 
 vow fen becomevoide, now is not the Advowfon 
 fo gained by fuch vfurpation, but if that I that 
 was defcified enter into the Mannor I may a- 
 gaine prefent to the ^Advowfon , becaufe the 
 former vfurpation was a meane betweenc the 
 difTeifin and the reentrie, by which reencrie the 
 Difleifors eftate as well in . the t^fdvcrvfm as in 
 the Mannor, is clcarely defeated. But it is o- 
 therwife of an Advorvfon in groffe, in which cafe 
 the Patron fhail be driuen to his Writ of right, 
 fo libewifeif I befeifieofa Mannor, to which an 
 i^idvowfon is appendant, and afterward the 
 Church becomes voyd, and I prefent and bedi- 
 fhrbed, and after I be deleified of the Mannor* 
 here I fhail bring my guarc lmfedit and recover 
 myprefentation, before 1 enter into the fame 
 Mannor. 
 
 And fo much is faid r where the entrie of him 
 that bathgrighc is lawfull in the principal!,-but 
 where the entrie is not lawfull there-hefhall not 
 prefent to the Adveryfon , ynleflfe recontinuing 
 the principal! j and therefore if a man bee feified 
 of a Mannor to which an Advowfin is appen- 
 H dant^ 
 
jo Advovfons* 
 
 dant,andbe diffeified, if the Diffeifor dye fei. 
 fied 5 and the Church become voyd, the diiTcifTee 
 fhallnot ptefent to the Church, vnlefle heefiift 
 recoverthe Mannor.. 
 
 It Tenant in tay le bee feified of a Mannor, to 
 which an Advotvfonis appendant and maketh 
 difcontinuance of the fame Mannor, and afrer 
 dyeth, if the Church become voyd the ijfifue in 
 taile (hall not prefent therevmo, vntillhee hath 
 recovered the Mannor by Formedon to which 
 the Advewfon was appendanr. 
 
 Likewilc if a man bee feified of a Mannor in 
 right of his wife. &c.and both difeontinueth the 
 Mannor with the Adviwfitt^ind the Husband 
 dyeth. if afterward the Church become voyde, 
 the wife (hall not prefent vntill fhee hath recon* 
 tinued the Mannor by Cut in vita, but foraimuoh 
 as the Statute of the jo.H.8.s8. giuethin fuch 
 cafe power to the wife, or .herheires,tpent« 
 into the Land fo aliened. 
 
 The Law at this prefent day, muft of neceffity 
 bee taken, that the Wife Or her heires in the for¬ 
 mer cafe may prefent,without recontinuance of 
 the Mannor s for that, that the fame Statute or¬ 
 dained then, that fuch alienation &c. Feoffc- 
 ment adtor a$s,tnade or done by the Husband , 
 fhall not bee nor make in any manner any dif¬ 
 continuance thereof, otbeprciudiciallto her or 
 berheiref. 
 
 The farmer rule bath an cxception in this man¬ 
 ner. 
 
ncr, yernotwirhftanding the eatrie being not 
 lawful] in the principal] 5 ycc if the Advowfonbz 
 fevered, sad in any manner cannot bae recove¬ 
 red, then may die party wronged notwitbftan- 
 ding prefent without recontinuance of the prin¬ 
 cipal!; As if a man before the Statute of the 
 31 ,H. 8. 28. be feified ofa Mannor in right of 
 his Wife* to which an Advcwfm is appendant, 
 and giueth to an Eftranger the fame Mannor or 
 parcel] thereof with the Advowfon in fee,and dy- 
 eth afterward, the Church becommeth voyde, 
 and the Eftranger pi’afeeteth and then. Alieneth 
 the Land to another in kefmagxh&Advowfi^ 
 and now rhe'Cfoureh becomes voyde, the wife 
 in fuch cafe may prefent to the Church without 
 any recantinuance of the Land difeontinued to 
 which the Advowfon was appendant. 
 gture therefore in the 5. H.y. 37 where it is hol- 
 den that if therebc tenant in tayle of 3 Mannor 
 to which there isan KjLchoxvfon appendant and 
 he alieneth the Mannor, with the Advowfon 
 in fee, and -the Difcontinuee granterh the Ad¬ 
 vowfon to another in Fee, fevering it from the 
 Mannor ; the iffue in tayle ilaall not prefent vn- 
 till fuch time as hee hath recontinued the Man- 
 nor, ncuerthelefle if a remitter beeof the princi¬ 
 pal!, hce that is fo remitted may prefent to the 
 Advowfon the next time that it becommeth 
 voyd, notwithffanding any vfurpation thereof 
 before had: For if Tenant in tayle bee of a 
 H 2 man- 
 
i% trfdymjbns. 
 
 Mannorto which as Advewfon isappesdan* 
 and difcontiaucth the fame, and the Difconti- 
 nueegraateththe Advewfon to another ia fee> 
 andafterward reenfeofeth the tenant in tayle of 
 the Mannor,who dyeth feyfied o! the Mannor, 
 now his heyre (hall prefent to the Advowfon 
 when it becomraeth voydej and if hee be diftur- 
 bedhee fhallbaue a ' <>)£are Impedit > becaufe 
 heeis remitted to the Manner, and hath not 
 any remedie otherwife to come to the Advow¬ 
 fon. 
 
 But vpen the other part if tenant in tayle bee 
 ftifieofa Mannor to which an t^Advewfon is 
 appendant and difeontinueth the fame, and 
 afterward the Church becomes voyde, and the 
 tenant in tayle prefemeth to the Church by 
 vlarpation, it feemeth by the better opinion , 
 ofthe 5 ,H. 7.36.38. that hcc is not remitted 
 zotheAdvowfon, for that, that his ancient right 
 therevnto was as to an Advowfon appendant,, 
 but now it is in grofie; But if the tenant in tayle 
 had aliened the fame to an Eftranger in fee, 
 and after dyeth; notwithfiandingthat, hee take 
 the rents and fervioes, that afterward difeen- 
 deth to the IfTue,yetis the iffuc therevnto remit¬ 
 ted- becaufe fech cents and fervices are parcel] 
 of the Mannor and not appendant. 
 
 And foie waslikewife before the laid Sea- 
 rate of 32. H. 8. if a man bee feifie of a M3n- 
 aor which is an ytdvowfo» appendant in 
 
- Jdmfons, 5 $ 
 
 right of his wife, and difeentinueth the fame 
 Manner, and alter the Church becomes void, 
 and he prefenteth to the Church by vfurpati- 
 on, and dyethj hauing HTue by the wife, and 
 the wife alfodyeth, the iffue in this cafe is 
 • not remitted to the Advowfon, for the rea¬ 
 sons before (hewed 5 hereofitenfuerh Iikcwife, 
 as before partly hath appeared, that in all ca¬ 
 fes where there is a Mannor,. to - which an Ad¬ 
 vowfon is appendant, and the Mannor with 
 the Advowfon is aliened with wrongful! conuey- 
 ance, andtheentrye of him that hath right is 
 nee taken away, there may hee prefent to the 
 Church without recontinuance of the Man- 
 nor, to which the Advowfon is appendant; 
 and therefore if a man make a leafe for life 
 ©fa Mannor to which an Advowfon is appen¬ 
 dant,if thcleffee for life make aFeofment in fee, 
 of the Mannorand Advowfon ; and after the 
 Church becomtneth royd, the leifor may pre¬ 
 fent tojheCburcb,without any entrie made into 
 . the Mannor.becaufe his entrie wa* lawful! into 
 tbeMannor.But if it be a rightful! purchafe,that 
 requireth fome other aft to be done, for the ex¬ 
 ecution andperfe&ion of the famejtben cannot 
 theperfe^ion thereof: bee. accompliiTaed in the 
 acce(Tarie,that is to fay, in the Advowfon be¬ 
 fore the fame bcc performed in the prin¬ 
 cipal! $ wherefore it is hidden by the better 
 opinion in the 3. 43. S3?.that where a 
 H 3 certain^ 
 
54 . IdvQ'&fins. 
 
 certaine Chamber was exchang'd for certaine 
 Acres of land, with an Advowfon appendant to 
 the fanae acres of Land : to perfect this ex¬ 
 change, hee that had the acres and Advowfon 
 in exchange, could not prefent to the Advow- 
 hn viuiilhe had made his entrie ioto the acres. 
 And thus much bath beene fa id, how so Ad¬ 
 vowfon appendant may bee feucred from die 
 principal], and againe recontinucd with re-en- 
 trie, or without entrie into the fame. 
 
 Lect. 10. 
 
 of ^Advowfons in Grojfe. 
 
 » S concerning our firft purpofed 
 Diuifion, to beeytherappendant 
 or in grofie,or partly appendant, 
 or partly in groffe ;I hauc before 
 profecuted the fitft part, that is 
 to fay; The natures of Adv$wfons appendant, 
 now therefore it refteth to ipeake.fomewbat of 
 Advowfm in Grofle. 
 
 The originalsof x^Advowfons in grofle, fee* 
 meth to be grounded vpon two occalions j The 
 fitft is,that Advowfons in grofle at thebeginning 
 begun originally by one of the before-fpecified 
 three manner ofwayes jwhich Rat tone fim- 
 Atimis, for when they were agreed 1 , that bee 
 that founded theChnrcb, and was at the eoft of 
 
rffaowfinr, 
 
 the building thereof, fhould be Patron thereof j 
 heecannor be PatroB of this by reafon of any 
 Land or Dotation, by which his patronage 
 might beappendanr, but onely by reafon of the 
 building, which being a Patronage without 
 Landjtnuft of necefluie bee the original! catiie 
 of Advowfons in groffe. 
 
 The fecond occafion of Advorvfim in groflc, 
 was the fundering and feueranee of them from 
 the prineipall to which they were firft appen¬ 
 dant, and fo by. Grauat or other Goniicyancc 
 they became in groflc, which before were ap- 
 pendant; wherefore how they may be fundred 
 by Graunt, now let vs confide^ and fee what 
 queftiohs incur Bookeshaue been moued here- 
 vpon. In the 33.#.' 8.44.48.112. fyer of the 
 Opinion that Shelly is, That if a man be f ified 
 of a Mannor, to which a vn^idvorvfen is appen¬ 
 dant and alien one Acre parcell of the Mannor, 
 and by the fame Deed, after graunteth the Ad¬ 
 vent fin, that x\izAdvor»fo)t fa\\ pafle in groflej 
 otherwife, hee thought the Law to bee as if the 
 Feofment were made of the entyre Mannor3 yet 
 this Difference agteeth not with the opihion of 
 Hill, who thinketh that in both cafes, the Ad- 
 vowfon paffeth appendant. ‘ 
 
 . Yet I thinke, If a man befeifiedof a Mannor 
 to which an Advewpm is appendant^ and aftfcfc 
 granteth by his Deed one Acre pafoell ef the 
 Mannor, and by another Deed the \jddvbt»Jbn s . 
 
 and. 
 
i6 Advowfons. 
 
 and deliucreth both chofc Deeds at one time to 
 the Grantee, although in conftru&ion of Law, 
 both thofe Deeds are but one Deed; yet the 
 Advowfon pafTet'a in gtefle eleareiy, and not 
 appendantto the Acre, 
 
 Ifaroan befeified of a Mannor with an Ad¬ 
 vowfon thereto appendant, and graunteth the 
 Mannor to I. and ,?, excepting one acre,the Ad- 
 vowfon not being fpeciaily fpoken of; in the 
 Grant, it ftill remaineth to this Acre excepted; 
 Forfaith BraBon^ Si partem fundi dederit quis 
 quamvis cum omnibuspertinentijs fuis,&partem 
 ret innerit,non propter hoc trdnffertur advocatio 
 fedcumdoMtore, remambit licet; minimum par. 
 tern fundi retinuerit non enim tranffertur cum a. 
 liquapartefundiniftjpecialitur tranffertur. 
 
 Ifhee which harb a Mannor to which an Ad- 
 vowfon is appendant giueth one part of, the 
 Mannor, with.onc part of the Advowfon to A. 
 and the fecond part of the Mannor with the fc- 
 cond part of the Advowfon to B. and the third 
 part of the Mannor with the third part of the 
 Advowfon to C. in fee, yet notwithftanding 
 this Diuifion .the Advowfon remaineth in com¬ 
 mon, appendant. - 
 
 Ifa Manner to which an Advowfon appen¬ 
 dant is belonging, difeend to an heire, and if 
 kee grant theraoitt'eor third part, of the Man- 
 Mt cum pertinentijs, no part of the Advowfon 
 
 pafleth i but if he aifigqe Dower to his Mother, 
 
 .... 
 
' JdvonfmS' $j 
 
 of the third part eft he Manner, cum pertm*- 
 It is hereby endowed of the third part of 
 the Advmfw and may hauc the third prefer¬ 
 ment. 
 
 L a man bee feified of a Mannor or one acre 
 of Land to which an Advowftn is appendant, 
 andmakethalealeofthc M«mnor or acre,for 
 teaimc of life, excepting the Advorvfon , the 
 \_Advervfon is in grefie and cannot bee ap¬ 
 pendant to the retserfion of the Mannor or 
 aete. 
 
 But if I leafe the Advowfon for tearmc of 
 life, teferuiRg the Manner ih my hands, yet 
 the reuerfion of the Advowfon remaineth al- 
 wayes appendant to the Mannor, or to the acre 
 of Land. 
 
 For if a grant be made by me of a Mannor or 
 acre, with the appurtenances, the rencrfion of 
 the Advovrfon pafTeth, for the reuerfion of an 
 Advowfon may bea appendant to a Mannor or 
 acre in pofleffion, but the Advowfon in pof- 
 fefliencannot be appendant to the reuetfion of 
 ail acre or of a Mannor. 
 
 Alfb,jfa mas hath a Mannor to which an Ad* 
 towfon is appendant and alieneth the fame 
 Mannor, and excepteth the Advowfon, the Ad¬ 
 vowfon is become m groffc, and although 
 hec purchafe the Mannor, yet is the Advow¬ 
 fon ftill in grofle; and cannot bee appendant. 
 
 But in al[ thcle cafes fome arc of opimonttbat 
 I although 
 
58 Aivmfonu 
 
 ahnaughihe AdyoKfun bcc- xeepted out of the 
 grant of the Mann or, yet neuertheitfle, it is 
 rtcprfhe to haura D;od oi fach grant contai¬ 
 ning mch (XRDnon. of’.ccwiie the Advowfon , 
 writ p-iffe with the-Mann re¬ 
 
 iser. 11. . • 
 
 Of Advowfons partly appendant , partly in 
 CrOp. 
 
 Auing formerly fpoken of 
 Advowfons- appendant and in 
 gtofle , notv : temaineth the 
 laft member of the former di- 
 uifion to be mentioned,which 
 
 is Ad vow Tons partly appen¬ 
 dant, partly in grofle. 
 
 . Such Advowfons as are partly appendant 
 and pardy in grofle, are fo deemed either in re- 
 fpe& of the time or in refpeift of the, petfons. 
 
 In cefpect of the time in this manner, foroe 
 Advowfons there are, that are at one time ap¬ 
 pendant and at another time in grofle, and fo a- 
 gatne may be appendant as occafion ferueth. As 
 ifaman bee feified of a Mannar or ofan acre of 
 land, to which an Advowfortii appendant, and 
 leafeth the fame Mannor ot acre, excepting 
 the Advowftn , the Advowfon is now become in 
 grofle, and yet after the leafe is ended, fhali 
 
■bee agaiae: appendant as heforei 
 :• ;Inrefpe$ of rhe parfon itmay fohappen, 1 
 that .aB Advowfm. may bee appendant inrogard 
 of a proptidsorthereof, and that in many cafes. 
 
 ■ j lO.’ie.cftfe.to/bcgin witbjis tbi^rhat ifaiman be 
 feified of a; Mahnar to 'which; ah; Advorvfm is 
 appendant, andan Eftringer leauietha fihe'of 
 the fame 4 dvmfitf %4 him thabis. nowtfeiftedbf 
 the Mstmorabd Advenfca^ vpbnwhichfine the 
 fiid couafee ( Being ftili ownec of the Mannor 
 and AdvowfonJ: grantethto the Gquafor that 
 heefhaH paientita the Advawfin eueryfecond 
 atioydanee, by this fine the Advmfen xcmu 
 neth iri refpe&'ofhiro'that bath the Mahiior, 
 ftiil appendant to. the Manuor as before:, bat in 
 tefpeft of, theGouhforthatneuerihadintereft 
 before^ at euery fecondi^ioydahce it is become 
 ih; groffey.andheifhall prcfcfltthcrfcvntobscb 
 hi»Adw»fitt it*gro$fe: , *t- 
 
 ' But if('ashe ih'thffeBm^!gafc : )ih«that was 
 feifiediiofjthei-Mahifer.hadulfea^eld efiej fiiie* t 
 (andtficEfttiangeffabeingieouBfce^andhfiadfc 
 faChgrahtmthc counfee toprefent at cueryfq- 
 cond turne, the 1 ddvdwfm had beene totallyin 
 gcoffe;;; for byr>itbe :courfaBfiei'.« tiad beene 
 wholly in grpffe, and feuered from t&tfMan* 
 Bor. ■- r'v.r L' !■; . 
 
 If three bee feified of a Manrior that bath an 
 Advowjm appendant theretoibelbegihg, and 
 two> of thqra-rcileafethalj theirrightofthe'^ 
 1 2 vempm 
 
vmfinto the third, the third isfeified of two 
 parts of the Advowfonasin gfofle, and of the 
 itfairdpartasappendanr; for that , that the third 
 .pact, was ncuerfeucred .from the Mannor i but 
 if therhirddyc, all the entyre. Advowlon 3 ef- 
 cendsin grofleto his Heyre, for nothing was 
 in loymurc but the Maunor that furuiued to 
 theothertWQ , that releafed, their righc in the 
 AdvdWfoh, and so part of the Advowfdn can 
 come tothetnj for that, the fame was not in 
 Ioyniure, at die tiree ofthe deathof the third 
 Ioynrenant, andalfbfeccaufe they releafed their 
 light before; . / 
 
 If two Ioyntenants bee feified of a Mannor 
 to which an Advowfon is appendant, and the 
 one granteth all his right of the Advowfon vn- 
 toanocher in Fee, this Advowfon is both in 
 gtoffe and appendant , and ifheethat hath the 
 Mannor, and ought to prefent euery iecond 
 turtle } bring'his Quart Imfedit , he (hall not fay 
 .rbasheis l&jfiediof she Marinbcwith the; Ad- 
 Vowfooappcndantatcueryfecgndtufne^ame- 
 lyjwheathereis partitibn betweene them) to 
 prefent by turno, btirfhalffa^that he was feified 
 oftfce Mahnocwiththc moytic-of the AdvOwfon 
 appendant.;:• : ; , -.-V-s v ,?.■■!«?* 
 
 - If a Mannor with an Advowfon appendant 
 therevnto, defeend to two coperccners, and 
 they, make fuch partition of the Mannor , 
 and epppofttion to pi;cfcnc, although the com- 
 V " ;" r " pofidoa. 
 
61 
 
 pofition be otberwife then ^fright is due, yet is 
 the firft prelentation to belong to the eldeftj 
 and thefecond to the fecond coperccncr/ &c. 
 and the advowfon remaineth ftill appendant 
 notwithftanding fuch coropofition,to prefen t by 
 turns. 
 
 But if three Mannors difccnd to three Coper- 
 ceners, and an Advowfon is appendant to one of 
 them , and they make iueh partition, thateue- 
 ry Copartner hatha Manner allotted to him, 
 and compofition to piefenr; by turne to the 
 Advowfon , now is the Ativowlbn in fuch 
 cafe fevered and in groffe, in refpc&of the Co- 
 perceners. V.- • - 
 
 Ifamanbee feified of foure Mannors , and 
 to one of them an Advowfon is appendant and 
 4 dyctb, hauing foure Daughters;, who ma- 
 keth partition pf the, Mannors,fo that eye¬ 
 rie ofthemfjiathaMannor, out of which par¬ 
 tition, the t^idvowfon is excepted, this Cdd- 
 vowfon is in gtofle byreafon of the exception 5 
 yet it feemeth if all the, other Sifters fhould dyc, 
 except fhee towhom the Mannor was allotted 
 to which the advowfon was apdfendant, chat 
 the t^Advowfm fhouid bee againe appendant to 
 the Mannor. : '' 
 
 If two Churches bee^ and the Advowfon,oi 
 theone is appendant to a Mannor, and thso- 
 theris in gtoffe, and the two Churches hap tp 
 
 bee voiced,-and vnon-the vnion it is 
 
 .I 3 . 
 
61 Jdvovfins. 
 
 that the Patrons fhall prefent by turtle, nowin 
 refpc& oh him that hath the Mannor, the Ad- 
 vowfon Chall be appendant, and hee fhall pre- 
 fcnt thcretimo as to an Advowjtn appendant, 
 but as to the other, hee ihaii p-tlcnt as to Ad- 
 vorvfon in gruff--. 
 
 :Le cr ■ 12:. - • 
 
 What Prefentatien is, and what' is the ejfett and 
 fiuit there tf, a,.d raw hat mariner Prejentati- 
 en and Nomraat, on d.jjer. 
 
 N the aforcfaid Le&ure or reading 
 nath becne declared fuch matters 
 as was requifite for the explanati¬ 
 on of the word Right $ fet forth in 
 toe Dvicription of ani AdvwJ’ori, which word 
 being there put in {feed of that which tha Logi- 
 cians call Genns,'ht reft of the words fubfequent 
 there hkewifeexprt(fed, are the Proprieties, ef¬ 
 fects, and qualities incident to an Advowfon, 
 thereby to diftinguifh this Right from other 
 rights; f) that by fuch Difcnpcion s the nature 
 ofan Advowfcn may be fully D:ciphered. 
 
 An i^idvowfon as is faid, is Ius prefentandi, 
 and the power to prefent is the very fruit, etfcdf, 
 and entire profit ot an ^Advwfon, which is by 
 tfeemeanesofpcefentation to preferre and ad¬ 
 vance our Friend, and Prelcntation is thus de¬ 
 fended. A 
 
Acfeowfons, 4j 
 
 A Prefentation i,s the 1 'Nomination .of-a 
 Clarke to the Ofditfarie to bee admitted, and 
 Itiikituced by him to the;Beneficc,yoydj : and the 
 famebeii^;in writings is nothing Jptjt : a. Letter 
 miifiue to the Bifhop or Ordinaric, to exhibite 
 to him a.Clarke to haue the Benefice voided^the 
 formali force thereof r<?ftejh. ; tabfhe(e. ; wpr|dst 
 13. 
 
 Xfyki :vThctcfbrcinone Bookes of L.aw, an Ad- 
 voivfin is nothing but a Nomination or / 
 
 Irefemtim* petwet^;pre%re : ari 4 inablean- 
 othertohauc theBetfefieej-^bidb^notwithftan- 
 dingthe Patroti cannot inioy. i 
 : Wherefore: if the Nomination of an Advov- 
 fon be granted habendum the Advopfin,! he ha¬ 
 bendum is fuficiently'purfuant j, for although it 
 varie in name,yet it k| all one in nature, fq that, 
 the Grauntflf the nomination of an \Advowfin, 
 is in fuhftasce .the Graunt ol the Advowfint. 
 
 Por the profitandcomrooditie ofan Advotvfin, 
 reftethin the Nomination oj DifpoGtipri of the 
 fame i -herepf n enluctbj that if a man grant to 
 me zri Advowjbn excepting the Prelentation g 
 during his life, fucb exception. is ; voyd. and re*: 3 y\ g\„, 
 pugnant to the Graunt. So that the opinion 
 of Thompton, in the fecqnd Commemaricof 
 flowden in the Arguments ofStniib m&Stapler , 
 raw cafe, cannot Bee Law; who tbmketh rhatif 
 Tenant in taylef&ee<$^^^ 
 gtantetfh taonei^Fiii the^mlistfpn^f ? the' 
 
 ■' ’ Clarke . 
 
Clarke tothefameAdvdwIon when it becbm 
 mcth voyd, thatthis Fine (hall hot bind the If* 
 fueSjby theSiatiife ©t'‘the ; 32^8.3 6 . Becaufc 
 fuch Fine is leuyed 7 6fa : thing intaylcd y as hee: 
 thought jwhetebyabouffit iMthappeatedjthac 
 the ptefeniationahd the Nomination is ene 
 thing 1 / andthefruitandfull’profitefthe Patro-: 
 nape j 
 
 fbrcc to bindethe iffue-in tayfej forthe Advbw? 
 ions , and yetifthe cafe aforefaid bec (d.vhderr 
 fioddithaf teaahtia tayleb^an'Adv&wloag^iti 
 ted by f»e the-NoraraauOnJof' the Giaike.to 
 one, and hisHeyresy f& that when the Gbarch 
 becambvojd-fhegrafltceahdhisHeyces (hotild 
 nohrinate alCiarke to the tenant in tayleand his 
 Heyffesy&dd&e h^oii^t|By[‘(hduld prefenti 
 the Clarke (rd f homiriated> to the; Ordinarie. j 
 andthe tenant in tayledyeth; fuch fine (hall not 
 bind the iflues in tayle* therefore the fine is not 
 ofthings^tailed^ for there Is the nomination 
 
 The prefentatioiVmaybeediftinguifhed from 
 die nomination , fo, tbatonc may haue the Pre- 
 fcntation,and another the Nomination, and fo 
 they may bee diuers diftindb inheritances. As if 
 Ibtingfeifiedoi an Advowfon in fee, granteth 
 to M.aad his heyres,thathe and his heyreseuery 
 time the Church bccotn meth voyde; (hall nomi« 
 ■ateto msc a petfon to bee ptefented to the fame 
 Church, whieh fsrfbn (baominatedylormy 
 " Heyres 
 
fceyres.M prcfenr.to the Ordinary of the place 
 to beadraitred accordingly iv into, the Church, 
 Andaqucftioh hathbecne moued here vpon who 
 ftallbe laid Patron of' the fan'eChurch, foir.e 
 thinke that hee that hath the nomination {hail be 
 Patron oneJy,and that he that ought to prtfent 
 ihalbc as fertiant to him that hath the nominatio! 
 
 Therefore in the 14 £.4. 26 . the Iuftices di. 
 ftmgudbcd,that if one bee frificdofan^W- 
 /fl»an.cj granteth to I. S; and his heyres to tiomi- 
 nateat euepy atioydantie to him and his heyres a 
 Paffon to be prefetuedto the iameChtirch,which 
 garjon fo nqminired 5 (hail beby him or hisheircs 
 preiented to the Ordinary, that hero whom the 
 nomination is fo granted Yhall be PatfoniC 
 . 1 Wi grant to /i t that at etiety auoydance 
 heclhall nominare to me two Clarkes, of which 
 J ftwllprefenr one to the Byflipp, now, I remains 
 
 PatroRjBotwithftanding this,becadfe the Ekai- 
 
 on 15 in mc which of the parties; named fhall bee 
 preiented and haue the benefice. 
 
 < Jf a man haue theNomination tp a Benefice 
 and an other the Prefentation, and he that hath 
 ihepreienrarion granted) an Anuitie to aCIaric 
 vntill he he advanced roaBcnefiec by the Gran, 
 tor, ifancrvvard thcChnrchbecome voyd 3 and 
 the Grantee bee Nominated, to the Grantor to 
 • be preiented ouer, who doth fo accordingly , 
 and vpon .this bee admitted, Inftituted and In- 
 du:&cd#et the Anuitie foall not ccafe,, for rhar. 
 
 ; ■' . k : : 
 
 24.E.3.69 
 
 id.f.f.4, 
 H,6, 17. 
 
thatthe Granteewis not tberesnto preferred by 
 the Grantor, althoughhcprefenred him. Of the 
 otberparc there is an authority, thatifa Spiritu¬ 
 al!manbaue the Prefcmation, and a Lay-man 
 the Nomination, ifthe Lay man nominate to 
 the Efpirituali manaClarketobee prefented o- 
 ver, who doth fo accordingly, ifbeforefaisad- 
 raison the Lay man nominate another to bee 
 likewife prefenred, which the Spiricuall man re* 
 fiiieth to doe;for that, that hee hath prefented 
 one already by his nomination, the Lay man 
 (hall not maiataine any jgMn tmfedit agafnft 
 thePreientorforfach refuiafr ;becaufe, theSpi* 
 ritnallman is Patron, and taring a Spiritual) 
 man, hee cannot changchisprcfentation alrea* 
 diemadejAIfoirfhouldfeeme infuch cafe,that 
 the prcfcatation fhould tae made -enely in 
 . Ns Name, that hath the Prefi»tarion,and not in 
 hiYoanictbac hath the Nomination ^therefore, 
 ifthe Ordinary (hould reide the Clarke for dif« 
 abUitie^neticefiiallbegiuenOQlybyfeTmjtOhiifn 
 ttattathttaprcfcntarkm.&not to him that hath 
 the nomination; for the tetter reconciliation of 
 ofthofeasdtbelike adhofities:, diftingfcndm 
 ejtfe- tharin re%ed itmtift bee ftad xf fuchan 
 Eftfanger, as ftvall vfiirpe vpon the Byfhop Or 
 vpcsn the Patron in regard of each other, in 
 
 refpe# of all grangers that vfutpc; Hee that 
 hath theabmination is otveiy Patron, andihall 
 haiie a $u&k Jrripedtt Or a Writ of Right, ash *. 
 
.cafcreqyireth: In whiehhis, writ < 5 igiyy.tlm- 
 feJit, ftirii bo. this $ Qmm pmim i$fm frc, 
 fiiftare: but his declaration flbaH fete: efpeaall, 
 that tbePlaiiitjfFe ought: tp.ooaiinatc one, & that 
 brought toptefept him om to the Byfhop, 
 aosj-th^tiJ8-i.batJa; diuri&edhim &l his nomina¬ 
 tion,.and the wdtto tfee.ByflvopfliaUfeeeia m- 
 cpverictothe Pteiotiffe, gwd Mpficps.ddmt-- 
 ut : !QlemimMdmmim:me.m 4 ' *n,re£ 
 tbc;prefiw&K^m % te 
 Bull be faid PaHQn;fpr ; ifhfe:{batfeaiihtfee Pre- 
 fentatioo cannot varie from bis pfefew.ation,thf 
 otherftaU not* yet if bee that hatkthe prcfetua- 
 tipa, and. he that hatlufee-npmination bee both 
 laymen,, then he that hathtfec nomination may 
 varie in his prefentationj andchangethefameas - 
 often ashe will, votiji InQimimb&had .•where¬ 
 fore in the former cafe it enfuetb, that if hee that 
 hath the prefentation bee a Spiritual! man, and 
 pre/ent him that is nominated tohira, beeing 
 nptfitjhceoughtnottohauenoticc giuen him 
 of the ref nfalloftbc Ordinarie, for this caufe.he 
 that hath the aominatjon fhall not haue ahy no- 
 ticelikewiie. 
 
 pot J tbiake the law tabee thus- If one hath 
 the nommation and another the prefentation, 
 and the Church become* voyde, ifthc Lapsing 
 currc,aiid hee that hath the Prefentation onely 
 
 benefit of the Laps , without any neminatfonof 
 
 ' -':.r,Q' K a the 
 
6% Advimfons. 
 
 *heotherthcByfhopin this cafe ought and is 
 bound co adroit bis Clarks that hee fo prefca- 
 tetfeasthe Gferke of the P-tfron himfdfe; If 
 refpeft be bad each of other, then are they both 
 Pattons after a manner, and by iniutie offered 
 by every of them to theother, one of them may 
 pumflvthe other. As if be that hath the nominal 
 tionwillptcfeat immediately ro thc Ordinarie, 
 he that hath the prefentation may bring a gm. 
 reltspeditot awrit oftight , 
 
 him as his cafe requiterh, fo if bee that hath the 
 prelentation refufe to prefem the Clarke nomi¬ 
 nated to.him, or preferit one himfeife without 
 nominationthe orhet ftaU bring a gwrtlm- 
 Fhzh 35 $ pedit or a writ of right againft him, ami his writ 
 14 ^-4 1I13II bte guodpermat. ipfum frejentare , &c. 
 
 *.2 1 ,H 6 , g IJt j n j,declaration hee lb tf 1 declare the elpc- 
 z ^‘ a ' ciait tauter. : 
 
 In every ofwhich fuites and recoveries, and : 
 in the writ tothe Byfltep fhall be fo, if hee that 
 Hath, the nomination prefent to him that hath the 
 prefentatiQn r hC{hkhath^he'preftntati6n‘may 
 difturbe him in two manners • eycher by rcfufing 
 the parfoa nominated,or byp? efencitig fomeo- 
 2 i- £, S^' fherhimfelietbat is not nominated, Ithee re- 
 ' fufeTo prefeniHiro that is^noEriinated tohimj 
 aadfuire bee commenced without any a&uall 
 prefentation made by himlelfe, then the writ to 
 the Byffiop.bfhim.thac ihath thenominatibiv 
 ^foBbcejtbat fee ftwlfreeouethis r&Hfinatidif, 
 
and that theByfhop fhall admit fucli as the o* 
 tbcr hath nominated to the prefcnror, accor 
 ding to his grant of nomination: But if the dr 
 fturbasce vpon which the fuite is granted bee be- 
 caufe the prefentor that flion'd prelent the parfoii 
 nominated, hath prefented Ionic other himfelfe, 
 without nomination j then tlte nominator Ihall 
 haue his writ to the Bylhop to ptefent hijClarfee 
 immediately wi hout any nomination at all, to 
 be made to the other, that hath theprefentation 
 and roretwoue the other Incumbent, 
 
 Finalliy, if one hath the nominatioty,and ano¬ 
 ther the prdentation, if luch right ofprefenta- 
 tion screw to rbe King, rhis fhall prejudice, 
 the inheritance of him that hath the nomination 
 but he fhall nominare to the Chancellor Bill, 
 who in the name of the King fhall prsfentto 
 the Ordinarie. And if the King prefent without 
 any fueh nomination, the nominator liiail bring 
 his Quart Impedit, againft the Incumbent onely, 
 becaufc tbtKnig cannot be rearmed as aVIuiper. 
 
Lect. 13. 
 
 The thnigs incident to Prefentation prefecuted, 
 who may prefect) what Par fens may bceprefen- 
 ted, to whom tfa Prefix at ion tnujl he made, and 
 the manner thereof, 
 
 B Eforekath becne .(hewed what 
 a Prefentation is, and wha>t 
 is the efftdt and fruit of the 
 patronage; and finally, in 
 what cafe thePrcfc oration and 
 Nomination differeth. 
 
 At this time it refteth, how to profecutethe 
 things incident to Prefentation , and to make 
 (how who may prefent, what parfons may bee 
 prefentedjtowhom the Prefentation muft bee 
 made, and in what manner j But bccaufe no 
 prefentation can bee made vnlefle to a Church 
 ©r Dignity , (omething fhall bee (bowed, 
 when they (hall bee voyde, and vpon what oc- 
 cafion. 
 
 An avoydance is in two forts, a&uali in Deed, 
 itfftitute in Law, which is an aroydance it Fac¬ 
 te, and auoydance de lure. 
 
 Aduall,is when the Church is s&uall in deed 
 dtftituteof his Incumbent in Law, wheB the 
 Church being full ©f an Incumbent, is notwith¬ 
 standing 
 
ftanding ftuttratcof his tight: aQd kwfttU In* 
 cumbentby reafon of iricapaci tie or crime in 
 the parfoh of him that occupicth in ftccd of 
 the rightful! and lawful!.Incumbent, aoji there- 
 foreameBgft the Candnifts,, EeckJiarDfs; yi r 
 dthtm tumjptnfmqHe h*betiwtilem ;y } there is 
 therefore agreat difference betweenc voydauee 
 in Law ^ and voydance in deed j the firft.of 
 Which two, theEfpirttuallCourt:hathto.de< 
 termine, and thereforethdupreameheadraay 
 foidifpenfcthefe , thac fucb auoydancein Law 
 fballneuercome to&s auoydanec in deed, and 
 ofauoydanfeein ;LaW oo tide acceweth to; the 
 Patron v tnleffe -femedjki'g/feee^hc^Bponfac- 
 tt»ttplf&ed, by the Eipitittjall Gotirt i; as a 
 dedatartme (enteneeot fuch like; butjvpc^ia* 
 vdydattce m deedQ prefenoment; acte weda ; .a» 
 the Patron, yet in fuch and the like cafes J.#/. 
 flinguendttm ejt , for if the dignitie bee temporal^ v 
 as a Matter of an Hofpitall or fuch like,, and 
 that there be found defed in him by vifito.rs, it is 
 an aftuall avoydance, and the Patron may vp-. 
 ontbism'akeaOT 
 
 fentence of depriuation * 5 but if the dignity bee 
 EfpirituaU, it is reunifies vpon fuch defed that 
 fentence of Depriuation bee giuen, before a- 
 uoydance can bee, and chat fuch fentence be no. 
 rffied to the Patron, other wife Laps (hall not: 
 incurrcagaintthim,.. 
 
 Avoy- - 
 
'; 1 A&Kfaniee' add Pfctiartie, ire frimtiua cm. 
 trirfyfvM&iUktyzpikz tobcs tryabie by i£ 
 fue Between* the parties , theyaretryedby two 
 dffiin^Lawcs. Picnatticjwhicb is, ifth'eChurch 
 or Bor^ (bail, bea trycd 
 th# Gpififiio'n'JtaW^ .whicTv.'iCsbyr tbeccrti-' 
 ficaicofthe Ofdinarie •but Avoy.dancc, which 
 is,4fthe Ghnrch beei voydeor not, (hall bee 
 tryed bytfi&G^uhtiyifiipaniidled in aiuryjCot- 
 
 Tort, or manner of aVoy dance, thefaaielhall be 
 taxed by the certificate; of the By (hop, io that 
 'futh f^ciafleaofeilhallbeSpuicuall.. : 
 
 caufesrbfavoiydante^ are eythfcr 
 tenipotaUasDeatbjorfpirituall as Dcpnuationj 
 refighation, creation feffioo, .and entrie into 
 Religion', whereof more (hall beefaid, after- 
 ward,- ~ - - - '' ! ’ ’■ •' A 
 
mns. 
 
 1\ 
 
 Lict. 14.,. ■ 
 
 The two jirflparticulercaufes of Oivojddncc 
 ofChurehes,viz. Is either Temporal, as Death ; 
 nvrJpmtmU^ w'itopriuktH** thtfimtfitfelA 
 hfagmanifefiand the other ddifcharge if'the 
 Higmtieer.iMinifierfc. . •; 
 
 fca* ^^ffpmct^ingiof auQydaD-- 
 ||gt ccsefCburchpsin gcnefjajj, bqw it 
 fHfipE®: remaines to purfue tjhe iperticular 
 meanesjtbatisto fe^ifead?, i)eprination,; Re- 
 
 fi^arija^^r^iio^-pr-Oei^on^an^^pjari^-intd 
 Rcjigipn-of eucry^f whicb,wewill fpeake fomc- 
 ihfag,astbecaHfcrequitetb. 
 
 i A nd firft of ail, concerning Dcatbr, 
 omnia,filuit- the msittefof itf#e isjmanifeft, \ 
 
 and needetfrpofurther.declaration. : . •• 
 
 2; As concerning 0epriua.tion'} ? it is adif- 
 chargeoftbcincambentofhisDi|nitieor Mi¬ 
 ni fter ie,yponfufficient e^ufe again# him concei¬ 
 ved andprooved>$ for by this, hce loofeth the 
 name dfhis'firftdignitie.and herein two manner 
 ofwaye?* eytherby aparticulcr Tcntenccin the 
 Spiritnall Court , or by a general! lentenecby 
 fotnerpofitiuc or Statute Law, of this Realme. 
 
 1 Dspdvation,is in the Spiritual! Court far 
 that , that it is grounded vpon fomc defeat in 
 L ‘sbfc. 
 
74 Advoypfms. 
 
 the panic deprived, although it bee by a& of 
 Law, ye tit is deemed as the aSt of the partic 
 himfelfe.The eaufes of Depriuation^by Cenfure 
 in the Spiritual! Court are to be referred to the 
 Coounoa Law, therefore let vs remember fuch 
 of them ,, vpoh which queftions haue beene 
 mooved iathe Bookes otour Law,.a%Which 
 caufes mentioned feuerailyj may bee induced to 
 three principle points ; drift, want of Capaci¬ 
 ty jfecoadiy, Contempt; thirdly 1 , 
 concetn!ngt^fiffi,aUhoughbythe,C^mhid« 
 Law, a Lay perfontee prefented, and Inftitu- 
 ted, and Inducedj;to an cfpcciall'Behedoe, 
 which Curate : is ‘altogether vncapable of the 
 feme, yce-the Ghurch-is not therefore to bee 
 f«d Voyde , . as if noprefentatiorihadbeene, 
 but it is Bill fall of an Incumbent ,>4 Fa£l« licet 
 mnielure y sn till by Sentence Dsclaratoric for 
 hiswant of Capacity; the 1 Church teadiudged 
 voyde, and-vpori this -no Laps ffiall • incur re 
 againft rhe Lay Patron, Without notice (of fuch 
 incapacity,8£fcntcnceofdepriyadohther!evpon) 
 to him giuen. King H. q, prefented one that was 
 incapable of his prefentation, aad the Prefcntee 
 wastherebyadniittedjihftituted & indu&cdjahd 
 afterward the Pope enabled the prefehree by his 
 Billyec rhe King had a fcire fa. and thereby re¬ 
 covered his prefentation agatne, becaufe theln- 
 . cumbenr Was not capable whe he was prefehted. 
 ‘Iftbe Patron prefent one that is mcercly a Lay 
 ;• - man 
 
'JfaowfctiS' 75 
 
 iran.within the age of 2 5 .S', he vgon tbir be Ad- 
 n^itrcd^lnfiimecdjtnd Ind.i S;cd 3 ardafreiv\^rc a 
 be brought agaieft the Patron and the 
 ime Incumbent, u hereof Judgment is given by 
 the default of the Incumbent, where indeed the 
 Incumbent was neuer at any time c'ucly lornreo- 
 ned according to the Law, by reafon of which 
 Judgment,the lamelncumboltis retrieved,if vp. 
 cn this afterward,the faidlncumbcnt by ftnunce 
 declaratory be deprived in the Spiritual! Court, 
 for want of Capacity in fuite there, for the csulc 
 of his incapacity exhibited againfl him, fucb feti- 
 tencc is good,& available in thtCommonLaw, 
 although the Laid Incumbent were before remo¬ 
 ved from his Benefice by the Iudgcmcnr^itieBa* 
 gaipft him in the ^u,lmfSot though fuch decla- 
 ratory fentence gmtn again# him by thtSpiritu- 
 allLaw,cannotiemouehim that is removed al¬ 
 ready, yet irfhall make this Incumbent anfwe- 
 rable to the next Incumbent, for all the meant 
 profits received by him,that was the fir# Incum- 
 bint/iom the time of his Induction. Yet if the 
 ficll Incumbent fa depriued,will aftetwardbring 
 awi itofdeceipt vpon the Judgement given a- 
 gainft him in the Impedit by default; for 
 tha% that he was not lommoncd as aforefaid, 
 hecfhallhaue Judgement herein, and the fame 
 ^Deprivation had in the mcane feafon in the Spi¬ 
 ritual! Court, no Impediment therevnto ; for 
 that . that in the Laid fuite of Dccejpt 
 
the lacumbaneie (hail not be in queftiony bat 
 ©nefythe diftutbance of thePlaintiffe^in the 
 
 ConteraptjmaylikcwilCbeacaufeofDepri- 
 natioa,as iftheparfon or otherIncumbentbee 
 Eroommunicare, and hcfcremaincthinhis 
 : obftinacie for the fpaee? effort iedayes ^ heel's 
 
 for thisdepriuableof bis%tKficc,andye«he 
 Cbtrch is notvoyd in deed, without featenec 
 in Depriuation giuen agaiaft hi», and if before 
 r'iai^^^tiQ^=-ttef^^f9pBnne-Onii- 
 - naricahd thefitadof the' Church would hatrea 
 ' Difpenfation to thclneumbent, who for all thc 
 fenttnceof DepriuatiQn far his contempt had, 
 heefhall hold his Beneficef fuch Difpenfation 
 Wetevaydc , and ilibuld iellraine: the Patton 
 from his prefentadon acrewedtofcim,by meanes 
 offHehDcpriuanonaftercnfuing. ; < 
 
 Thethird caufe,is Crime i within which may 
 be comprehended^ Delappidation, dr fpoyle of 
 theGhurchBcaejSajOnce.inbUrBoekcsywor- 
 thy of Depriuationlitewife Schifme or He- 
 refiqfbr the which, or if for -fome other caules 
 ahe iBcuoibcnt werc depriued in anciant dime in 
 'the Court of ' Ime^ tpon, fu^i Dtepriuarion 
 cotnmiag inqueftion inoiirtawythcifluefliould 
 bevpan the avoydance, and it (houldbetryed 
 where the Church or dignitieis-, butbccaufe, 
 CtHr 1 eis ^//r^with many heads'yand in cvill 
 Treey whereof is bred /^w s fmektut much 
 *■•■■■■ fruit 
 
fruit* for all fruit of offences which may be com¬ 
 prehended vnder this name {therefore let vsTur- 
 ceafefurther todealewithiti, onely in general!, 
 noting.thpft three thjjqgs, a^the.iinicidcnta ^’and 
 edhlequentsof^e^ridatwns^ ; 
 f irtf,that our Law adiutJ jjeth not the Church 
 
 tion, as hath beene before prooued.: 1 
 :: Secondly, that though fudi J&ijttenceipfDe- 
 ^privationbcmcercly wtoagfulI;y«»lthej6 ; igHi- 
 .{ieisydyd, and the featenrteifemaineih in bis 
 <fcic& vniillritbeereleajfedi ? ; ;;it ^ x n . j 
 Thirdly and laftiy, ififfic party depriued with- 
 in time require by this Law an appeale^ypon 
 ,fuchi^tencfi«flS«ptiuanonigiuen4gainAhiiTi 
 attheCourtof the-highTurifdfJtion^fuchjs 
 
 - thenature of ian Appeals,thati itholdedi ; {lthe 
 
 fentence vpon which it was iirft brooght) iniflff- 
 . pence;;: becaufe, inthe £oratnen;Law it fcfaid, 
 -it® J -friow\}rm»Pi *6 j ‘ 
 
 and tbefefore,if(it:b«brought c vp(?ivl>epriua(i- 
 jjon, itYoydeththcvigour thcreofjflnd reuiueth 
 xehjcfbrcbcr^dignityySirfuch C^ucchfliallnocfee 
 voyde, rntill the firft fenience; pfidi6priu4.ti0n 
 chance to be affirmed in the appeale^-andithus 
 I. much of Depriuatians. in the Spirituall Cojffr, 
 
 : ftiallfufificeai this lime;. .; ;i 
 
 - o ■ iGoficerniiifI^rruafe 
 
 tutes and pbfitiue Lawes,fee thefe books^hatiis 
 
 - :tofay,i ^,ELcapAi.i 6 ,HXCaf.^i\iedby tfca 
 i^/.C4f.3i,or 3. L 3 Lhct.ij, 
 
*j% iAdvo^Jins. 
 
 Lect. 15. 
 
 The third particular caufc of i^dvqdme, being 
 
 Spirit nail t is Rtfgn&titn, 
 
 ||*§tl 3 y| He precedent Le<2ure before go- 
 I SB gv iag, hath (hewed the parciculcr 
 tfem Hf» caufes of Auoydance of Quitches, 
 UGggSfc whereof the two firft. Death and 
 Depriuauon, hath beene at large diicipbewds 
 rheuexcisRefignation, of which Twill alfo 
 at this timef imethingipeake. 
 
 Refignatmn, or as the Canonifts tearmes it 
 Remjtitm,EftJurisproprij Spontanea refutatio, 
 or whereas Resignation is the voluntary ycel- 
 ding vp of the Incumbent (into the bands of the 
 Ordinarie) his inrrtft and right which he hath in 
 the Spiritual! Bentfice, to which he was promo¬ 
 ted. Of which the matter or fubic& is the Spi¬ 
 ritual! bene fice, as promotion EcdeGafticall. 
 
 The forme is the manner how,and with what 
 words and due Cireumftancesitisor (Tumid be 
 accomplifhed. 
 
 The finall Caufes or effedh hereof, is eyther 
 thereby to make the Spiritual! Benefice void and 
 deftiruteof its Incumbent, or vtttrly to anient 
 and totally to extinguish fuch Spicituall pro¬ 
 motion. 
 
 The efficient Caufes are the perfons that re- 
 
 figne, 
 
Jdvmfbnsl jp 
 
 figne,and the pcrfons to whom it is or ought to 
 berefignbd. ' 
 
 A» concerning the matter? this oriely may fuf- 
 ficeto beobftrued,tbatall Spiritual! Dignities 
 prefentatiue may properly be refigRed,althougfi 
 theyb(^ Abbics,Pttories,Preberids,Parfonages, 
 p'ifyrerjiridgcs^j^t'iuich^Oli^icielBiaiarai^'car^nad 
 majyalfabe aligned, or to fpeake more proper¬ 
 ly relinquidied, as were fome of the Abbies in 
 the time ofKingtfe/uhe 8. and fo mayBiihbp. 
 pricks at this day be refigned,8$c* into the hapds 
 of the King as ; fupreme Otdinarie; of the Chiirch 
 and rightfall Patron of the fame Biiboprickes. 
 
 As concerning the fprrae ofRefignationjand 
 profbftandn which mtift^e’ vvficn’t he: piareie will 
 tdig^thby ai«%^t'|ath£R£|l^r,^|f.' ifii* 
 ihthe folioes of the Boolie following, asri'/ra:^,' 
 noieth in his -Witt. Brfol.zy^F.otS, The words 
 bf^iefe tfcft'infuch iaftfufOent of K%if?{gparl 7 v 
 for Re-‘ 
 
 . radii Law. ; • ■■• ; ’ v; : . ; .y • 
 
 ! Yet the Law of th is Realme, more' refpe&ing 
 matter then formalitip of Wordshath ! ad- 
 judged a Grauitf made by a Prebbtidatie to thS 
 King,to be anefFe&uallRefignation in the forme - 
 of tlide words following,that;is to fay: ; 
 
 Noveftnt me xA.&c. ex ammo D eUberatim, _ 
 certd Jcimtia. & mcro mostt > & ex qmbnjddm ■ 
 cwfis iufts dr ratmdibtts me. JJ>eci*iiter mo. 
 
 * " mt, . 
 
go Advowfins. 
 
 uiHt. vitro & fponte dedijfe feren'ifim Domino 
 ncjlro Ed.6. Anglia,&c. jupremo Capitt tertorum 
 Prebendarum [uorttm ac omnu muter i a ten u te¬ 
 nement apo^epones & hcreditamenta quecunque, 
 tomfpintualu quam temperalia, ac omnem pie- 
 nun & hber dm facultat , dtfpofitiontm author not, 
 C~ pstejldt. diila prebend a peri men., fpeclan. ap- 
 penden.ee. habendum & tenendum eidem Regc 
 Hereditor, & Succejfonbutfuis } adeituvelcorum 
 propnum vfum.pc. 
 
 As touching the efficient caufes of Rcfignasi- 
 on 5 as Sift, the perfon that refigne, if hce be not 
 but onely Admitted and Inftituted, al¬ 
 though as concerning the Spirituall Fun&ion 
 Cm. j j 6 . be a parfon before Indu&ion, yet becaufe no 
 part of the Frec-hold of the Spirituall Benefice 
 is transferred to him, but by the Indu&ion, bee 
 cannot vntill after the Induction, if the King be 
 Patron, make any good and effe&uall refignati- 
 on; as therefore, RenuntUtio rejjlijit plerumque 
 ita quefitum , ac repudiamco pertinet adiusnsn- 
 dumacquiftum. Asalfo for that, that by this 
 fubraiffion and Infiitution.the Church is not full 
 in refpe& that the King being patron, fuch In¬ 
 cumbent before Indu&ien is full fubiedl: to 
 hauchis Prefen tat ion and Inftitution revoked. 
 
 But if a Subit& bee patron, and his prefintee 
 be admitted, fuch prefentee (if hee be willing to 
 kauc his Charge) may before Indu&ion refigne 
 the 
 
Mvoy fons. ' 'Ii 
 
 the Church, for theefpirituall Dignitie mi full 
 of an Incumbent in refpeft of his P.urbn 3 and be- 
 caufe alfo there is no other meanes to cleare-thR 
 Church of him but byfuch renunciation, , 
 
 . As concerning the perfon to whom Rtfignaif- 
 on muft be made,2 ’)iftmgue»dum eft ; forifhc be 
 onely purpoied to auoyd the Church, and to 
 caufe thePatron to prefent againe, theh it ought 
 to bee done to the Ordiaarie to whom of right 
 the Admiffionandlnftitution beiongeth 3 and td 
 -whom the Patron is bound to prefent; fbric is a 
 Rule amongft the Ganonifts, Ajwd tmm debit 
 fteri.rentmtutio apudquemfermere, digmfeitup 
 conftmdtto } andReafon will, it fhali he io.j be- 
 caule the King a s fupreatne 'Ordinarie, if fuch 
 Refignation (hould be tnade to him, hee is not 
 compelable to.giue notice to the Patron of fuch 
 Refignation, norcan hecor any other Ordinarie 
 collate vpon the patron fuch notice. : ! 
 
 Notwithftanding/if thepurpofebcvtcerlyt© * 
 extinguifh fuch Dignitie fpirituali, the faipe Re» 
 figaation may be made to the King,as to the fu- 
 preame head of the Church, as in ancient time 
 it might haue beene wade to the Pope. 
 
 For fuch Authoritic and lurifdiftion as the 
 Pope vfed in this Realrac, was cdnrradi&ed by 
 an Aik of Parliament made in the lyKX and 
 other Statutes to be in Z/„8. and his Succcffors* 
 
 ' i whichludgemen^^^ W& to bee 
 
 iirmelaw, specially where the King himfelfe 
 
Si Advovcfons • , 
 
 is Patron, or where the Patronage is toforoe 
 Spirituall man foreuer 3 vppn Spiritual! patfons 
 the Pope (before the Statute of the z 5 £.3.) by 
 his prouifionsand other meanes vfed more lu- 
 rifdi&ions then at any time,Lay perfons could 
 be permitted to doe. The finall effeft which 
 cosfiftcth in the end, wherefore Refignar ion was 
 ordained, wee haue heard to be two-fold, the 
 one toadnihilate the Spiritual! promotion., the 
 other to make it voyde and Sc for no Incumbent; 
 of thefirft,we haue {efficiently fpoken before, 
 and the vfe of the other is rnanifeft bythofe au¬ 
 thorities fubfequent, - 
 
 A Prebend maketh a Leafe for ye^tres rende¬ 
 ring rent, and after refigneth it, it is Holden 
 deerely , that by this his Re Agnation, this Pre¬ 
 bend is difeharged of the rent, and therefore 
 fuch charge (hall not be any burthen to his fuc* 
 ceffour; likewifeifapaifon refignq lifter hee 
 hath made a Lcafe foryearcs, the Leafe is avoy- 
 ded. , ; 
 
 Likewife, ifa Patfon permute.jpr Change-bis 
 Benefice, which .indeed cannot bee accompli-,. 
 fhed withoutRcfigpatipn,the Charge or Graunt 
 made by fuch Incumbent for yeares, is vtterly 
 voyde.- A A 
 
 If a Parfpn grant anAnuiue out of the : p arfd- 
 nage,and iftcr reiigne j if after all this the Pa- 
 txonand Ordiflaiie willconfirme, fuch Graunc, 
 Confirmation, and the Graunt wh jcb was' 
 .’ ’ ; voyd - 
 
<t£dvowfons. 8 $ 
 
 voyd before Confirmation cannot be availeable. 
 
 With which agrecch ' Felly or d, who faith 3 \*fj g, g & 
 that if a parfon charge a Gleebe, and after refig- 
 neth or dyetb j the charge is avoyded. 
 
 A Recoverie was had againft a Parfon in an ac* 
 tionofDebt^ndinajfmj^^.thecevpontheShe- 
 riffe r retiirned,that the deferibaftt was Clericus 
 . Eeneficiatffs &wn.j&c, io this cafe,ifthe Defen¬ 
 dant refigne, the plaintiffs is deftitiiteofhis re- 
 covery^forby fuchRefignafiori the Church is 
 difeharged; becaufe, the Ordinarycarinbtfe. 
 quefter the Spirituall Benefice vpon any proccff# 
 awatded to him. 
 
 ; Buiifth^lficu'mbent that fo;cbargeth s be« 
 fuchas liiflf byiihe.law abfolute pewet to deals 
 - with the lands of his Spirituall t?ighitie,withouE 
 the Confirmation of any other, arid may by 
 the Law difeontinue as Abbot or pryor or fuch 
 like, then fuchc&atgd b^;hfraf fhafl hot be voyd* 
 b'y fuch Refigriatiohj but fhall continue againd' 
 his fucceffors vniill it bee avoyded by fomeo- 
 ther meanes. - 
 
 Thus much concerning the fiaSllcaufeOfRc- 
 
 fignatiOti; td which ’ fuffe'r vs to annexe the cau- 
 fes allbwcdby : 'the Common Law, to mooue a 
 . Byfhop or- tiny dtheir beiiejiced parfqn to refin-, 
 quifh and fuf tender tfiejr ^iivi£i:ic>n 'fopjjjieifttd 1 
 
 lifh-jtrebis) 
 
 $erf<wa % 
 
 ■ Uz 13 %, 
 
LafUy, let vs confider, that Refignation is dec* 
 med in the Law totally to be the ad o£tbc par- 
 tie, and'therefore if any Incumbent being plain- 
 tiffiinanyaftion refigne his Dignity or pro¬ 
 motion,Ilfs writ brought by. hint' as Incumbent 
 fhaU abate.' v 
 
 ’ Bur ifliich Incumbent take out a writcon- 
 cetningfc»sUeftoiy,and afterward refigne, and. 
 againe be promoted to the fame Dignity, before 
 the rctutne ofthc Wr it aforefaid, it is good and . 
 auailcable. 7 
 
 ' Vpon the part- oFthc Defendant vpon the. 
 &mc rcafoh > is the Lawj that if any a&ion bee 
 brought again# any Incumbent,.that may charge - 
 feiroin refpeftof hisfeuerall promotions, bisrcf. 
 fignation (hauing the fame fuite; for thatthat,, 
 it is bis aft) Rail-riot abate fudr writ or 
 aftion. - .1 ■ 
 
 - ; It is to be noted, thatthere are two forts of 
 RcGgnations, the one is abfolute,. when thi: 
 Incumbent istendeth Co to make voyde the 
 Church , and tofarrcndcrHis right therein to 
 the Ordinary ., wherevpon the Patron may 
 prefent whofoever it, (bail pleaic him to .the.' 
 Church , as i£ the laid had beene voyded 
 ' by Death, or other meancs of Avoydancejas by ■ 
 precedent authorities hath appeared.. 
 
 ' The other caufe of Refignationj is w/^^-^ 
 mtatfmsjofwhichin the Rcgifief,j^i3otf,^; 
 
 ' appe^cth a precedent.. 
 
 7" ‘ r * ‘ * - Wh ere, f 
 
Advmfons. 85 
 
 Whereupon alfo cnfucth the forme of Pre- 
 femation in this manner. 
 
 In Dei nomine, Ego H.W. nunc Rector Ecclefia 
 deP. London. Diocedes & fbtus Sector Ecdefm 
 do L. c. Did a F. DioceGcs froteffor diet & die. 
 go in h 'tjs friptis quod fi contingit quod fnmf 
 msdt Ecclejh rntn. de P. dfque ddo $ culpa mis 
 m hue parte kmc ahqudncr evincatur voto & in- 
 tendo ad DicJam Ecclcjkm de N. abfqut di- 
 qiia difficult at. hbere & Hcite redire , & earn re', 
 habere iuxta Cmnicas fanftwnes <jr prouforin- 
 fuper quod non inundo me volo ab bumf modi pro - 
 tejlatione feu affect u eiufdcm rcccdcre diquditer 
 in futurum fed eidem proteffiiationi contends 
 in ettdem volo inltnclo w fatHrir tempoributfir- 
 riiiter adharerefuris beneficio in omniha femper 
 foluo,(ffc. 
 
 But to what purpofc Protection fheuld fetm 
 in our Law, I cannot pctceiuc ^ for that,that ic 
 appeared! by the Books in the 45 E. 3. & Fitsck 
 exchangeir^. 
 
 M % 
 
 L ECT. IS, 
 
8 6 ddvovfons. 
 
 Lect. 15. 
 
 fit next ffeciall manes, in Annoy dance of SpL 
 ritual/promotions Prefentotiue, is motion, 
 
 Ow Creation is, where the Incum- 
 bent is not onely Ele&ed, but confe- 
 cratcd Byfhop, or Arcbbifhop. By 
 the former Dignities of fueh Confe- 
 crated, the Benefices becomes voyd, and the 
 Churches or places feucrall (where their former 
 Sandfinrle was to be executed) and vtterlydif 
 charged of their Incumbenr, and this immedi* 
 atlyvponConfecration without folefnne fen- 
 tence Declarator^ in the Spirituall Court. 
 
 The resfon whereof,is not onely for Inconue- 
 
 nience of Pluralities; but alfo } becaufe it fhould 
 be likewife inconuenient for one and the fame 
 p3rfon tobea Subieft and a Soueraignc, which 
 in the courfe of our manner of Iurifdi&iea can- 
 not be, but is referued in the Superiour. 
 
 Neuetthelefle, fuch auoyuance is not before 
 Confecration or Creation, nor before Confe- 
 craricn is be that is promoted, deemed or called 
 Bifhop,or Archbifnop : asappeareth bythefe 
 authorities of j.E.z.Fitzh br.i^o.vide 
 f.l.tnj/,571:y.E.3 qo.a.b.videzi.£.$.40.0.6. 
 4i.E.^6 b.4$.E,$.$z. 11M.4. 37.5 9.76.& 
 
 ti.U.6.z-,a. 
 
 For 
 
ddwtofonsV 87 
 
 For the better vnderftandiog of this Mad of 
 Auoydance,it is robe nGted,that.as.fourcthings 
 arc required to concurre for the full perfecting 
 of any Parfon or Parfons preferred to any Dig- 
 nitie Ecclefiafhcall, prefentatiue or Coliatiue, 
 as (to wit,) ft ft of all Prefehtatiop 3 oras the cafe 
 rcquircth Collationjfecondly^Admiflionjthird- 
 ly ,Inftitution 3 and fourthly & laftly, Induction, 
 
 ' ; So in tbe promoting of a'Bifhop or Archbi- 
 fiaop.by the Spirituall lawes, were required (be¬ 
 fore the ftatuteof the 25.H.8.f^.2o.) alfofoure 
 things, anfwerable in many refpeCts to thefoure 
 former before recited. AsfirftEIeCtion,fecpnd- 
 ly Confirmation, thirdly Confecratiqn,Creati»> 
 on, or Invefture j and fourthly, Inftallation,or 
 Inthronation. 
 
 The EleCHon was made by the Deane and 
 Chapter, or by the Pryofand Couent, where 
 (hey being as Deane and Chapter, as in query of 
 the feas Cathedrail of Canierbwy Jvmefier^ni 
 Norwich, in which Churches the Pryqpand Co¬ 
 vent was till the dtffoltitipn p£Mp.nafterie4 at 
 wlich time the Tame : Pcypfies. werp difTplupd,- 
 andin fteed ofthemiBeueiyofthcfame Cathe- 
 drall Churches, aDeane'aodChapter hath been 
 by priuate. ACts of Pafli^enr er e|ted.' r ;Bqf in 
 
 , ^athbttg^jbotb'irytk^apd Chapter,: as;of 
 Weils j'ahi by.the Pryor,,and Covent at -Bath($ 
 ihrhcSeaof oyentr^ and^c^f/^’And in 
 
 , ‘T;,/ ’ ‘ v ' .'feme 
 
88 itfdvoMpfdnsl . 
 
 fome other Cathedrall Seas, the EledHen of the 
 Byftiophauebcene by two feverali Deanes and 
 ■Chapters, as in the Arehbyfhoprickc of Dublin 
 in Inland, where boththeDeanc and the Chap¬ 
 ter afcbrift Chureb^ad theDeane and Chap, 
 ter of- Saint Patricks )6yriz<& ; in Eie^ion,'and 
 both of them vied to confirmed the grants of the 
 BylTiop,althotJgh^/v/?/ Churchms knowue to 
 be the more ancient Church to that Sea. ' 
 
 J: As concerning therefore tfre Ele<Stioh of 
 Atchbyihopsaad byfhopSjthe Kings of this 
 Realme of cheirprerogatfue royall,and being im¬ 
 mediate Patrons of the iameCathedrallChurch, 
 in ancient time gaueand beftoWed of their im¬ 
 perial! Inrifdi£tion, Archbyfiiopricks and By- 
 {hopridcs, to fuch worthy parfons as they 
 thought fir,withoutany Ele&ion of the Chapter 
 asappcarcthj in the 17.jE.3- ^ 6 Momr } and this 
 muefturewasbyaring and a little ftaffe, by tha 
 Deliucrieof the King, and EnfignesoftheBy- 
 (hop ; but afterward in the time of King Uhn 3 
 in as mucb,asrhe Popes bad made confticution, 
 that no man ffabuldenter into theChurch by a fe- 
 cula'r perfoh,totally,and that the Bifhop of Rome 
 coueted to ere& the Popery aboue the Throne 
 of Kings. A great Controiierfie was now a- 
 mbngft the Monkes of Canterbury , ypon the 
 death of Hubberi their ArChbyHiop, con¬ 
 cerning the Ele&ion of a new. one,'and 
 although tikyouhgeftfe& of the Monkes fta- 
 
Ah<m[ons* ip 
 
 uingliccnfeofthcKing, andalfa appointment 
 ofthe Kingtochufe John Graj, one of the By- 
 fhops in this Realms for their Archbyfhop, yet 
 the quarrell grew to fuch fervcncie, that it could 
 not bequenched yolcflc from Rome, where the 
 Pope taking opportunity of fuch diijention , 
 Would dot receiue any of the Elc&ed, but for¬ 
 ced the Monkes t© chufefor their Archbyfhop 
 Stephen Lapghton * then Cardinall of Saint 
 Chrifogon, whereof#nfued the great difcord be. 
 twecnc the King, and the Pope* of which, 
 fuch was the tyranny of Antiehrift, that not 
 onely the whole land , was intcrdi&d, and fo 
 remained fittcyeetes. But the King was accur- 
 fed, and the Subie&s wete difeharged of their 
 obedience, and oath of their allegiance to their 
 natural! Prince-and Irw/ahe French KiBgs fon 
 proyokedt©: #Mke warre* agahiA King lohn- y 
 yntill hc wtreconftfained to feeke peace at-tte 
 han^of chcflape, to y^eld his Growoc to the-' 
 J^^ft^'^ja : J^©d4y«:'t«take&-pgaSKf>ae' 
 .become feodary tanant to ; 
 ^yiog.an annual! fiim of 
 to^niy to tbe;Ghutoh e£,fym s fq& cue* (buealfo 
 tothetn always 
 Spiral, JDjgditics, which 
 memorable antiquitieipf the Kings ^r-sefOgi- 
 ti'iie^^^eibifeth^eef^^brieflytouchctfin-thc 
 *^j4r. 6 ^.%^'W r ®?t r l3rge by the Hyft&ties 
 though hereby, free- 
 ■.fcni - ' N Efc&i-' 
 
po Jdvmfon£ 
 
 Eleftions were ginen to the' Cleargie,yet fued 
 they fotththe Kings licenfe to proceed to Ele- 
 ftion. 
 
 ... Thc.Ekftion of a Bifliop thus made, didtiet 
 Scare the name of a Bifhop but wastobe called 
 lord deft of the place or Bifhoprickj to which 
 be-waselcfted.. - ■ v:.:- 
 
 The fecondisConfirmariOiWhichWas vfualljr 
 madeby thoBifhopof Rom. and-not^y^thWj' 
 \ybo (before fuch confirmation) vfed to examine 
 the partie, and vpon caufe of nonabilitietorc- 
 fufehim. . ! 
 
 ..jTb&thiniis CoBfccratibn>wbichWas perform 
 raerby the Bififop and two other Biffieps at the 7 
 lesft of the fame province where theBiflaoprick 
 then vvas,being thereunto appointed vyith the 
 vfe of certaine Ceremonies, as beatitudes; hbl-; 
 ding of theJJible ouct thehead of the paifon tb< 
 be Goofecrated, laying on of their hands vpon 
 . feis head, anointing, and other rites; theievnte 
 
 * 3 £ requifite; And yet it is laid,that the Pope refer- 1 
 BedtheeonfeaariQn'of die-Biffiop ; t»oic^e^ : 
 5 2 h er eleftien and confirmation^ andbeforecre- 
 
 ation and Confecratien: hethatwasfoeleftcd 
 P* dtMe. and confecrated, mightfiill retainethe name of 
 25©,*i,f. his former dignity, andifbee would rtfufe the 
 3.5.5. impofed chargd of the Bifhopricte; f 9 T !: 
 
 And yet after Confirmation and before con- 
 fccratiortjOf the parfonconfitHied 5 heemighc 
 exercife to much of his Spiritaall fundh'bnas 
 - ^ concerned 
 
JdvQltofins. pi 
 
 concerned the' Iurifdi&ion, but no matters 
 concerning Ordination might he meddle with, 
 
 > for the full vnderftanding whereof it is to bee 
 knowne,thatail things belonging to the Epif* 
 copall fun&ton or Miaiftcry, are to be reduced 
 to three points; for they belong to him,: either 
 Rmom iurifdittmisps the hearing ofjfpirituall 
 caufes, Cenfores, and Corrc&ibns ccclefiafti- 
 c-afoas Ezcommunibations vpon cinders and . 
 fuch like which may be performed by him after 
 confirmation, ' . 
 
 . i Ordirntmtsya gjuingof Ordep, 
 
 confiscating or allowing of Ghurches, orfuoh 
 likejwhich he caanot doe before ebofecration^ 
 
 ~1 Oi t Lege ihe'cxeciitipnfofE^cl?*: 
 
 dfoeldianofche Clargie ratedivpohihe bifliopr 
 pricks of his Dioceffe, called therefore by the 
 coAmonLasN'C£^fu<iGatMraticuj. -/ : 4 
 
 ^.^Qtwftbftandihg;Uhe King may-reftbife to’ 
 
 ' him his Temporaltiesj*aftef‘confirmation and 4 * 
 before confecration iffo it pleafe his bigliheff^ 4^>3 *3 2 
 b$nh\&Hl>e-giacw& ... "*•* Ci --’ ! ** 
 
 ;But afierCpnfccrationvhe was holdefi in all 
 fft/pc^£ r a perf«r< 3 : Bifhop^nd al 1 dig-' 
 
 nicies: thereby were avoided j for although by 
 QQnhm&doa^ir'itiuircomu^itmcmtf’ahetiir, 
 yet by confecratiou conjiimtur, ';■■■ 
 i; „The laftfhing is,lnft<iila tion or inthronation,- 
 bywhichbe isfully enablcd^topurfushis Teia- 
 ; . . Hz poraltics. 
 
pz Jdyoftfins. 
 
 potatoes out of the handsof the King, andaftul 
 ally to enioy the benefit thereofjbut if after con* 
 fecra.tion and before hefuefor therein potatoes 
 outof the hands of the King, the freehold bee 
 in hitaor nor, isdiuerfly taken in the 3 
 
 N0rwithftanding,the Metropolitan ought 
 to certified day and time ofthccoafccration 
 bfewery Bifhop, within his Diocc(fe,for accor- 
 . ding thercToto he (hall be reftored to his Tem¬ 
 poraries, and this I thinket© be reafon. 
 
 Thus you fee,that ia fomcrefpedi: the Electi¬ 
 on of aBifhop refernblcth thePrefentationofa 
 parfon, the Confirmation, refcmbleth the Ad- 
 miffionofaparion, the Creation refembleth 
 the Inftitution of a parfoa^nd thelnftallation or 
 the iathconation the Indu&ion ofaparfoh,yec 
 in many other refpe&s they differ. 
 
 And although; after toe abrogratingof the 
 Popes anthoiitie out of this Realise , it be or¬ 
 dained by the that the elcdion 
 
 •f Bifhops and Arehbifhopi, (hould be altered 
 and the King reftored to hjs ancienr prerogatiue 
 therein, which prerogative King lohn and bit 
 
 though likewise the Ceremonies, forme, and 
 manner oficooftcrarion of Bifbops by the Au¬ 
 thority oi parliaments, in the time of King Ed. 
 the fixr, were now appointed and published, all 
 afts of parliament being repealed by the firft 
 
orf'd'vmjons* 
 
 and fecond of Philip and tMaryjate how rcvjued 
 and in force, by Bliz. yet our former poftion 
 
 hoIdsnowfirmeLsWjthatnoGhurchnbrSpiri- 
 
 tuall Digniti e at.this day, bccommeth voydeiby 
 making the Incumbcnfctfieref ByfttOp,vntill hi* 
 Confecration,as well by rigour ©fancieot time, 
 as by Stature. . .. 
 
 And therefore at the Gomthon Lawj ifthe 
 
 King vpon defe& 9 or ethorwifci giue by venue 
 ofthcaj.H, 8 .20. by his Letters patterns toany 
 
 firparfon,arjyByihoprickeor;Archbyfliopttct« 
 within this.JLealn^^^ 
 
 Ypon befpre-Gabfecration i rcftore 1 w him his 
 Temporaltiesyor ifthe Popehad giuena Byfho- 
 P«$c to anyfit perfon by referuation, which a- 
 rapunrjstbjp Jha^ toanEIeftionand Gohfirroa:' 
 tipn» if the Kiflghitd refiored to him his Tera^cv 
 raltieS) yeeinhoth cafes vhtill Gonfectattoh, he 
 
 fuc^^ 
 
 cpmeyoydevtlttHGonTecratioa asaforefaidi 1 ; >■ 
 
 I|jbe&jre|l9«.3 $^C£r«S.rxo^dabrIrf(»ii«ibenlio£- 
 
 ra«ji, andi^fpireGDiifecratioti ha4obta(tie<f of 
 the 8y(ksp$f£0&F,a difpenfatienftiliiR) enioy’ ; 
 hiafprme^bcneHce^hbtwithftahdidff'issiGr^a.i 
 tipaor Copfecratibn, badcofuediateordingty;; 
 yet by fuck Creation* the. Church; ffeould not ■ 
 haue beene voyde, but the ;parcierftjH cabled « 
 toretainc.tbefafne. ©enefieoTpgaioftiitfioibatfdn 
 ' N 3 by 
 
p j. <sJ how forts. 
 
 by vertu-i of fucb Difpenfation. 
 
 So at this day, ilan Incumbent of a Spiritu* 
 all benefice, beelc&ed and confirmed , and be¬ 
 fore bee bee conlecrated, obtaineliceac: or dif- 
 penAtion of the Archbyflaop of Canterbury ,tO 
 detaine the Beneficeyet hee (ball 
 be promoted to the lame Byfhoprieke, although 
 his licence n'euer bee enrolled in theChascerie* 
 according to rne 25. H. 8. buconsly enrolled by 
 the Readier of the Archbyfhop, although the 
 Confecration be before this licence or difpenfa¬ 
 tion appsaimed retake effeft, yet by vertue of 
 fuch Difper.futo'n, the former Dignitie or Bene¬ 
 fice becommeth not vsyd, by the fame Confe. 
 cration, Yet if the Incumbent of any Spirituall 
 benefice be elected. csnfccrateefand confirmed 
 Byfhopj sad after his Confeciigiooproeureth 
 aDifpenfatbnofthe Po pe is papacic, or of the’ 
 Metropolitan fince the Star* of the z^.H.Z.c.zo, 
 luch Dtlpenlitionfballnot beaivailablejbecaufir, 
 by the 'Co.ofecradoB,the former Dignity or Be¬ 
 nefice wasacliialiy,and wDeed to yd jand then, 
 neytbsr the Difpenfation of the Popd, could as 
 any time,nor of the Metropolis at this t!tne,take 
 from chs.Pafron, theright of bis yirefentauon of 
 tech avoided DigHitie, • by the Confecration 
 screwed to him * becaufe, after the firflDigni- 
 tie is once voyde by the Confecration, the Dif¬ 
 penfation commcth too late. 
 
 Yet the King, Exfumma'MtbmWt fia Regia' 
 Ecde - 
 
JEcclepfiia ft a fungitur, may grant ( to the By- 
 fhop that is confecrated) power r© take and roc 
 cchteby prefentation , Inflimtionand Indudi- 
 onjany Spiritual! Benefice, and to hold the fame 
 in Cmmndm, neiwithftanefing hiscftatcof 
 being Byfhop. for fo the Pope vfcd to doe, and 
 the fame Authority isreeognifed by the Statute 
 of the 25. H. 8. to be in the King orQueeneof 
 this Land, which was whhin this Realroe by the 
 Pope. 
 
 Finally, this is to be noted,that whereas before 
 it hath bin faid,that Deprivation is the ad of the 
 Law, yet grounded vpon the ad of the partiej 
 So is Creation of the By drop, the ad«fthc 
 Law,whereforc ifa man bring an adton and pen¬ 
 dant his writ, bee created By (bop, the wiit {hall 
 oot abate } bceaule,it is oncly the ad of the 
 Law, but yet Refignation is meere- 
 ly the ad of the party, thus 
 much for Creation. 
 
 FI3s(JS.