JUS PATRONATUS, OR A brief Legal and Rational Plea for Advowsons, or Patrons Ancient, lawful, Just and Equitable Rights, and Titles to present Incumbents to Parish Churches or vicarages, upon Vacancies.  
Wherein the true Original of Advowsons and Patronages, together with their Justice, Legality, Equity, are demonstrated; and a full Jury of Legal Writs and Remedies (provided by our Municipal laws for Defence and Recovery of patron's Rights, against all usurpations or Encroachments on them) produced; as a seasonable Antidote, against the late Anomolus' Vote passed to their prejudice, without any Hearing of Patrons by their council, or Lawful trial by their Peers. Whose duty is here declared; and our Fundamental Laws defended.  
Compiled for the present and future Benefit of our Churches, Ministers, and all true Patrons of them.  
By WILLIAM PRYNNE of Swainswick Esq  Lam. 3. 35, 36. 
To turn aside the RIGHT of a man before the face of a superior, to subvert a man in his cause, the Lord delighteth not.  Job. 34. 17. 30. 
Shall even he that hateth RIGHT, Govern? &c. Whether it be done against a Nation or man only; that the hypocrite reign not, lest the people be ensnared.  Mich. 2. 1, 2, 3, 4, 5. 
Woe to them that devise iniquity and work evil upon their beds, when the morning is ligh they practise it, because it is IN THE POWER OF THEIR HAND. And they covet fields and take them BY VIOLENCE, and Houses and take them away: So they oppress (or defraud) a man and his House, even a man and HIS HERITAGE. Therefore thus saith the Lord, Be old against this family do I devise an evil from which ye shall not remove your necks, neither shall ye go haughtily; for this time is evil. &c.  
London, Printed for Edward Thomas, and are to be sold by him, dwelling in Green Arbour. 1654.   

To the Unprejudiced READER.  
Courteous Reader,  
PReventing physic being ever held more safe than removing, I presume this Jus Patronatus, and Brief Plea for Patrons of our church's Rights, though it come forth some 
* And after its first pening on that occasion.  months after the sudden unexpected Votes against them, without hearing or summons; will neither seem unseasonable nor unnecessary, seeing it may prove a Special Antidote and Demurrer to its future execution, or revival to the prejudice of our Church, Ministers, Religion, Nation in general, and disinheriting all Patrons of their ancient, Just and Legal Inheritances, and Advowsons in particular. I conceive the Power, Animosity, Activity, Hopes of the Jesuitical and Anabaptistical Contrivers, Prosecutors of that grand Design and Vote, are not yet so inconsiderable, despicable, dead or languishing, in these times of sudden great Revolutions, Changes of our Government and Governors (three of which we have unexpectedly seen and admired at within the space of ten whole months) but that they still expect during this running wheel of our fluctuating State & Church affairs 
a See Heylin's Microcos. p. 125, 165, 166, 168, 218. 219, 227, 406, to 434, 487, 546, 560. to 571, 579, 580, 597, 598 613, 614, 618, 629, 640, 641, 642, 643, 648, 661, 667, 678, 684, 693, 694, 702, 704, 707, 708, 710, 713, 714, 751, 752, 753, 721. divers precedents of this kind.  those spokes in few month's time may possibly be uppermost, which now are low, or lowest; and those who now are highest, securest, as low as the very dust. Peruse but these sac e l Texts, Dan. 4. 29. to 34. Dan. 5. throughout, specially v. 30, 31. Judges 1. 4. to 8. Exod. 14. and 15. 2 King's 7. 7, 8, 9 10. c. 19 35, 36. Prov. 24. 21, 22. c. 29. 1. Psal. 90. 5, 6, 7. 2 Sam. c. 15. and 16. and 18. and 19 Esther c. 5. to 10. Psal. 73. 18, 19 Job 20. 4, 5. &c. Psal. 37. Psal. 92. 6, 7. Job. 1. and 2. and 42. Mich. 7. 8. 9 isaiah 10. and 13. With other Texts: and consider the sudden great changes, Revolutions recorded in them both in relation to Kings, kingdoms, Nations, Armies, Grandees, Rulers, good and bad, Saints and Sinners, Jews and Gentiles; and than the Highest and most Secure (who know not what one day may bring forth, Prov. 27. 1. Jam. 4. 13. &c.) may yet justly fear, expect changes in our Church, State, and prepare to prevent all Plots and Designs for the ruin of both; long since laid by Thomas Campanella, De Monarchia Hispaniae. c. 25. 27. &c. the Jesuit Parsons (discovered by Watson in his Quodlibets) Carddinal Richelieu, and others; since vigorously prosecuted by our foreign Common Popish Adversaries and their Agents under a pretext of friendship, and other specious ends, to effect our 
a See the excellent prologue of the Statute of 25 H. 8. c. 22.  Desolation in conclusion. The chief Particulars whereof in respect to our Religion are, 
b See the excellent prologue of the Statute of 25 H. 8. c. 22.  
c Watson● Quodlibets. p. 92. 93. 144 385. William Clark his reply to Persons Lible f. 74. 75. Campanella De Monarchia Hispaniae. c. 18. 19 23. 25. 27.  To put all Churches, colleges, Lands, Rectories, Tithes, Revenues into Feoffees hands; to allow only arbitrary Pensions out of them to Ministers and scholars for their maintenance, and convert the rest to other uses: To erect Itinerary Predicants fixed to no certain places, instead of Parochial Ministers, allowed and chosen only by a select Committee, not presented by our Patrons. To broach old Heresies and new Opinions in Religion by Jesuitical Emissaries and Seminaries in all places: To sow the seeds of Schisms and Divisions not only in Divinity but likewise in Philosophy and all other Arts and Sciences, to distract and divide us: To promote and cry up the study of Astrology, to alienate men's minds from Religion and Piety. To set up new Orders, Sects, Religions, and procure a general toleration of all Religions: To revile and disgrace our ancient Ministry, Ministers: question all ancient Truths, Principles of Religion, and Articles of the Creed; which Joannis Baptista Poza and some other English and Spanish Jesuits have done: as you may read at large, in Societatis Jesu NOVUM FIDEI SYMBOLUM: and in Impia, scelerata & horrenda ANGLICORUM: & HISPANICORUM JESUITARUM CENSURA IN SYMBOLUM APOSTOLORUM: printed 1641. at the end of Alphonsi de Vargas, Toletani, Relatio ad Reges & Principes Christianos. De Stratagematis & Sophismatis Societatis Jesu ad Monarchiam orbis terrarum sibi conficiendam: out of which all the late Blasphemous Monstrous Opinions and Heresies broached amongst us, have been originally extracted and vented by the Jesuits under other Disguises, as those who compare them may at first discover. What their Designs have been to change and ruin our Monarchy, kingdoms, Government, laws, State; you may read at large in Thomas Companelle: De Monarchia Hisp. c. 25. 27. Watson's Q●odlibets (specially p. 309. to 334.) Rome's masterpiece, Hidden works of darkness brought to public Light, and my Speech in Parliament. Take the main of all, in the politic Instructions of that Arch-Machiavilian, Cardinal Richeleiu: who after 
d See Rome's Masterpiece p. 19 Exact Collection. pa. 206.  he had (by the Jesuits and Pope's nuntios assistance) raised the first Wars between England and Scotland 
e Hidden W●rks of Darkness. p. 204. to 217. 130. 131. 138. 232. 233. 234. , promoted, foment●d the horrid Rebellion in Ireland; and raised an unnatural Division and war between our King and parliament, in his life, recommended these Instructions to the French King (and Mazerin his successor) at his death, An. 1642. since published to the World by a noble Italian Earl, Conti de Galeazzo Gualdo Priorato, in his Historia, part 3. (printed at Venice in quarto, Anno 1648. in Italian, and dedicated to the King of Poland) p. 175. 176. Che Sopra, &c. That above All Other Things, HE (the French King) should endeavour to keep the Government of GREAT BRITAIN DIVIDED and DISUNITED, 
f That this was punctually pursued by the French King & Car. Mazerin: appears by the Lord Digby's Cabinet printed in the Collection of Ordina●ces of Parliament. p. 849. 858. 862. 863, 867. 868.  by upholding the weakest party, that the other might not make itself over powerful, Reducing the three kingdoms of ENGLAND, SCOTLAND and IRELAND, TO BE DIVIDED; either, BY NOMINATING OTHER KINGS; or, BY REDUCING IT TO A COMMON●WEALTH; yet with this Caution, that WHEN IT IS REDUCED TO A commonwealth, so to order it, THAT IT MAY NOT BE ENTIRELY ONE, BUT DIVIDED. For republics, ever enemies to potent Neighbours, aught to be suspected by the State of France. How successfully these Plots have been pursued, we all visibly behold and feel by sad experience. The Lord open our hearts to consider it now at last and prevent our intended ruin by them before it be over-late.  
I confess I have ever met with very poor Encouragements, and 
g See a new Discovery of the Prelates Tyranny; whom others since have equalled.  manifold grand Discouragements, Affronts, from pretended Christian friends, as well as Foes, and men of all sorts, for writing, publishing or acting any thing for the Common-weal, defence, safety of our Church, State, Religion, Laws and public Liberties, or discovering any Jesuitical Designs to undermine them; having been so ingratefully requited, so despitefully used, by seizing my Writings, Papers, Letters, Records, Books; denying me the use of pen, ink, paper, books, intelligence by letters, or free conference with any; the liberty of God's own public Ordinances (to omit all public Injurious calumnies, censures, corporal sufferings) and cooping me up for many years close Prisoner in remotest parts under strictest Guards, of purpose to hinder me from such good public services, to my great temporal loss & republics prejudice. But the cordial zeal, love, duty, I bear to my great Saviour, Deliverer, Enlarger, his Church, Ministers, People, Truth, Cause, and the Weal of my Native country, Religion, Nation, have engaged me to neglect, contemn all Difficulties, Remoraes, Oppositions, to do them all the Services I can in my Generation; to adventure my estate, liberty, life, and spend all m● studies in their behalf, according to the impulse of my Conscience; expecting my whole 
h Mat. 5. 12. Luke. 6. 35. 2 Cor. 4. 16, 17.  reward in Heaven above, what ever befalls me for it here. And this, this only, without private ends, sinister respects, or prejudice against any sincere Patriots designs, or real public endeavours for our Churches or Nations settlement upon 
i Prov. 16. 12. c. 14. 34. c. 25. 5. c. 29. 4. Psal. 72. 1▪ 2, 3, 4. Psal. 85. 16. Heb. 7. 2. Job. 34. 17. 2 King's 20. 19 isaiah 32. 17. Zech. 8. 16. 19 Lu. 2. 14.  sure foundations of Justice, righteousness, Truth, Piety, Sincerity, restitution of all to their just Rights and public Liberty) hath engaged me to the compiling of this short (and I hope seasonable useful) Plea for Patrons; (and occasionally, for our fundamental Laws and Liberties now struck at (which I humbly submit to thy impartial censure (being a theme which few or none have purposely and particularly handled) and commend, with my prayers, to God's Tuition and Benediction alone, to whom I devote it.  
Farewell.   

JUS Patronatus OR A brief Legal and Rational Plea for Advowsons, &c.  
THE present Injurious, that I say not unrighteous design, of some Anabaptistical and Jesuitical furies, to abrogate all Advowsons, and strip all Patrons of their ancient, legal, just hereditary Rights to present any future Clerks and Encumbents to Ecclesiastical Benefices, or Parochial Churches, by mere Arbitrary illegal Votes, without any Judicial summons, hearing or legal trial by their Peers, cont●ary to the express letter of the great Charter of England. ch. 1. and 29. the statutes of 25. E. 3. ch. 4. 28. E. 3. ch. 5. 37. E. 3. ch. 18. The petition of right. 3. Caroli: the Common Law of England, the Liberty and Property of the subject, after so many years bloody contests for their pretended, if not intended defence; hath engaged me to compile this short Apology, and Plea for Patrons just Rights of Presentation to those Churches whereof they have the Advowsons, against this unparraleld usurpation on them, for the information of the Ignorant, conviction of the seduced, and Refutation of the obstinate Promoters, of this destructive project, covertly containing in its bowels these particulars of great concernment, which should excite all true Patrons, Lovers of our Religion, Church, Ministers, Ministry, laws and publ●que liberty, to abominate and oppugn it.  
1. A Jesuitical and 
a John Cann●, his second voice from 〈◊〉 Temple to the higher Powers p●ge 2. 4 5. to 10  Anabaptistical plot, to suppress subvert all our Parochial Ministers, together with their Ministry, throughout the Nation at once; which will n●c●ssa●r●ly, easily and speedily be effected, when deprived of the legal Patronage, countenance, assistance of their Patrons, and exposed to the arbitrary Injustice of these new Projectors and their Agents.  
2. A like design, to 
b J●hn Canne Ibid. and page 28, 29.  Abolish all Parochial Congregations; and then to demolish to the ground all Parish Churches and chapels (for if they were 
* Dav●d, isaiah, Jeremy were of another mind. Psal. 74. and 79. I●ay 64. 11, 12 Je●. 52. 13. &c. Lam. 〈◊〉. 7. & Hag. 1 4.  razed to the ground: IT WOULD BE WELL, writes Canne;) or else to dispose of them otherwise and better to such (Anabaptists and Jesuites) as will freely declare the mysteries of the Gospel (or rather of 
c 2 Thes. 2▪ ●  iniquity) to the people; for a time, and then fl●ece them afterwards.  
3. A Sacrilegious project, to 
d Canne Ibid. p. 1. 2. 10. to 25.  abrogate all our Ministers ancient maintenance by tithes, Glebes, Rectories; and dispose of them to other uses; to starve and famish both them, and their Successors, by taking away the food and maintenance whereby hither to they have been nourished, fed and kept alive: They are Cans very words, such is his unchristian charity, and Antichristian cru●lty towards our Ministers, and their Families.  
4. A present erection of a new unordained, vagrant, itinerant, irregular, stipendiary Ministry (if it deserve that title) fixed to no certain place, in leive of Parochial Ministers; wandering up and down throughout the Nation, (like the preaching friars and Jesuits, in foreign parts, and some Anabaptistical predicants at home) to vent their Anabaptistical, Jesuitical, Monkish Errors, Heresies, Blasphemies, Innovations, Whim●ies (to divide and distract the people into endless Sects, schisms, Conventicles, Heresies, Contentions, Factions in all Parishes, Places) to the utter desolation of our Church, subversion of our established Protestant Religion, and enslaving of our Nation at last to the Antichristian tyranny of the Pope, Jesuits, and Spanish Monarch. A plot long since laid for this very purpose, by that arch-traitor to our Church and State, Robert Persons, the Engl●sh Jesuit, in his Memorial for Reformation, written at Sevil in Spain, 1596▪ as you may read at large in William Watson his Quodlibets, Printed: 1602. p. 92. 93. 144. 289. William Clark, his Reply to Father Parsons L●ble: published. 1603. fol. 74. 75 (both Seminary Priests) and Parsons h●s own Manifestation. fol. 56. 57 Yet now eagerly prosecuted by John Cann● in his voice. p. 24. to 30. and other Anabap●ists, who are but the 
* See Jubileum, ●●ve sp●cul●m 〈◊〉 pr●nted 1643. & my ●●dden w●●ks of d●●kness &c.  Jesuits instruments, confederates in all these Designs.  
5. A Jesuitical project to draw a general Infamy, Odium, D●testation upon our Religion and Nation throughout the Christian World for sacrilegious Rapines, viol●nce, Injustice: and to discourage all Charitable, well-affected people in our Nation, from all future public works of Piety and Charity; when they shall behold the fabrics, Endowments, Revenues of our Churches, and all the Bounty, Piety, Charity of our Religious Ancestors to God's Church and Ministers, most impiously s●cralegiously dissipated, subtracted, profaned, invaded, plundered, demolished, perverted to quite contrary uses; and the heirs, Successors, assigns of all such who at their proper costs, first built our Parish Churches, and endowed them with Rectories, Glebes, Tithes out of their own Lands and Inheritances, most inju●iously, ungratefully, desp●efully disinherited and deprived of their anc●ent unquestionable lawful Rights to present any future Encu●bents to them, wh●n void; disabled (
* 2●. ●. 6▪ 7, 8. Brook 〈…〉 78▪ 24 E 3. 72. 7 ● 4. 11▪ 12 Brook. 〈◊〉. 9▪ 19 9▪ E. 3. 26. No. N●●. Bre● 33. Cook● 1. I●st. f. 13. b. Reg●st. t. 218.  contrary to our laws and com●on ●quity, which resolve, they ought to revert to the Donors and Founders and their Heirs) to rep●ssesse those Rectories, Gl●bes, Tithes Endowm●n●s their ancestors fr●●ly conferred on them; being made a pry to Strangers, who can pretend no colour of Title to them by any laws of God or Man; and may by like violence and injustice seize upon their moors, Lands, as well as upon their Advowsons, Rectores, Churches, which are appendent to them.  
To prevent these desperate Plots now strenuously pursued and involved in this one design against patron's Rights and Advowsons, I shall briefly relate, the true original of our Parish Churches and of patron's Titles to present Encumbe●ts to them, unknown to most; which will fully discover the equity & justice of this their Right, which some deem unreasonable, and injurious to the Parishioners, and then present you with a full Jury of legal writs, and remedies, provided by the Common and Statute laws of England for the defence, and preservation of patron's Interests in their Advowsons, Churches, against all Invasions or usurpations on them to their prejudice.  
The Title Advocate (from which the word Advowson is derived, or to which at least it relates, is attributed to our Saviour Jesus Christ himself, 1 John 2. 1. the Advocate general of the whole Church and every particular person unto God the Father, to plead their cause, and make intercession on their behalf. Michael 7. 9 Lamentations 3. 58. 1 Samuel 24. 15. c. 25. 39 Psal. 35. 1. Psal. 43. 1. Psal. 119. 154. Prov. 22. 23. c. 23. 11. chap. 31. 9 Jer. 50. 34. chap. 51. 36. Job. 16. 2●. isaiah 5●. 12. Rom. 8. 26. 34. chap. 11. 2. Heb. 7. 25. Which well explain both the Office and D●ty of our Advocates of our Churches, being the same in substance, with that of known Advocates, Pleaders or Counsellors at Law, for their Cl●rts in Courts of public Justice; for which you may consult Federicus Lindebrogus, and Sr. Henry▪ Spelman in their Gl●ssaries, Calvin's Lexicon Jurid●cum, Summa Angelica, Rosella, Hostiencis, Antonius Corsetus (his Repertorium) and Thomas Zerulu (his Praxis Episcopalis) titled Advocatus.  
The Title Patronus or Patron of a Church is of the selfsame signification, and imports the same Office and Duty as Advocatus; and it is somewhat more large than it; implying not only a Patronage, Protection or Defence of the Incumbents Churches cause when there is need in Courts of Justice by way of Plea or Intercession (as Advocate properly doth) but also their Defence and Patronage by the Sword in the field; 
See Tottles M●gna Char▪ f. 16●. E●act Collect▪ p. 268▪ 290▪ 29. 706. ●● 716.  when assaulted by open armed Adversaries, Sacrilegious Church▪ Robbers or bloody Persecutors; (as the ancient* oaths of our Kings and Knights of all sorts when invested in that Dignity abundantly evidence) by the Pen, when invaded by heretics and schismatics; (upon which account the Pope bestowed the Title of 
e See 〈…〉 Sa●●ishurien●● De N●wgis C●r l. 6 c. ●0. 13. 〈…〉. Ep. 94▪ Car●lus M●nenius Delicia 〈◊〉 p. 8. &c. G●ldastu● constit. Tom. 3. p. 400 Pon●●●i. Romanum De Bened●ctione nov● M●l●●is O●●m. Mag. H●st▪ sep. l. 14●▪ c. 6. Mr S●l●●ns Titles of honorio▪ Edit. ult. p▪ 443. 446. to 45●. 458. 546. 548. 579▪ 780, 781, 782.  PATRON or DEFENDER OF THE FAITH, upon our King Henry the Eight, for writing in Defence thereof (as he conceived) against Luther, and likewise by the purse; by supporting, repairing the fabrics of the Churches they, o● their Predecessors, first erected, as there is occasion; by endowing them with convenient maintenance, or increasing their Dowry where incompetent; by providing against its alienation diminution, substraction; and recovering it when invaded, diminished or subtracted by others, or alienated, d●lapidated or unjustly encumbered with Annuities or other charges by the Incumbents without their privities or assents; and in one word in becoming Nursing Fathers and Nursing Mothers to the Churches and Ministers whereof they are Patrons, according to that of isaiah, 49. 23. c. 60. 10. Rev. 21. 24. 26. Hence the 
f See Mr Selden's Titles▪ Honour par● 1▪ ch. 5. sect, 4.  Master and Lord of any servants or enfranchised Slaves was styled Patronus, their Patron; and they said to be in PATROCINIO ejus, as you may read at large in Fredericus Lindebrogus his Glossarium: and Codex Legum Antiquarum. Leges Wisigothorum. l. 8. Tit. 1. L●x. 3. 4. Leges Longobardorum. lib. 1. Tit. 8. Lex. 31. Leges Burgundiorum, Addit. 2. sect. 2. and that because they were bound to protect, defend, maintain, feed, and provide for their servants; for which by the Roman Law, Libertus PATRONO, donum, munus, operas, d●b●bat. D●gest. lib. 38. Tit. Cod. l, 6. Tit. 3. as Incumbents ought to instruct, pray for, express their gratitude to their Patrons in a Christian and civil (though not i● a corrupt or Symoniacal) way, and to sow unto them spiritual things, because they reap their carnal things. 1 Cor. 9 11. Phil. 3. 10. to 22. compared with chap. 1. 3. 4. 9, 10, 11. 2 Timothy 1. 16. 17. 18.  

g Peter M●th. Constit. Pontif. f. 2●7. Adam Co●tzen de Rep●b. ●. 7. c. 6. 〈◊〉. 2. Mr. Selden's ●ities of Honour part 1. ch. 5. 〈◊〉 4. p▪ 48. Ca●cel●●. 〈◊〉▪ p. 46.  The Emperor of Germany, heretofore was usually st●led, Advocatus and DEFENSOR ECLESIAE, in his Imperial Title; as Henry the eighth, and the Kings of England since were styled, defender of the fait●. H●nce those two verses over the Cou●sel-Chamber door in Guilds Hall London.  
Carolus, Henricus vivant, DEFENSOR uterque;  
Henricus FIDEI, Carolus ECCLESIAE.  
The reason of which Title was, because the Emperor Charles, when Crowned at Bologna by Pope Clement, the seventh, took this solemn Oath. Ego Corolus, &c. Pollicior, testificor atque juro, me in posterum pro viribus, ingenio et facultatibus meis Pontificiae Dignitatis et ROMANAE ECCLESIAE perpetwm FORE DEFENSOREM, nec ullam ecclesiasticae Libertati vim illaturam; Sed potestatem, jurisdictionem et dominationem ipsius, quoad ejus fieri potest conservaturum. And the Emperor Ferdidand the second in the Articles of Capitulation with the Prince's Electors, promised during all his reign: Vniversam Christianitatem, &c. Et CHRISTIANAM ECCLESIAM TAN QVAM illius Advocatus, FIDELI PROTECTIONE CONSERVARE. Yea some of the old Kings of Sicily used Titles in their stile somewhat like this; as Chrstianorum adiutor, clypeus ET DEFENSOR, as Mr Selden observes out of Scipion Mazzella. Descrit. De. Napoli p. 471. These general Titles of theirs in relation to the whole Church, Faith, Ministers, and Christians within their Dominions being dirived from the S●les and Titles of Advocates and Patrons of particular Parish Churches, in use, some hundreds of Years before them. And this may suffice for the Title, Office and Duty of Advocates and Patrons, of Churches.  
The 
h See Cook's 2 Institute. thereon.  Statute of Westminster, the 2. 13. E. 1. c. 1. recites, That before its making if a man gave Lands to a man, and the heirs of their bodies upon express condition, that if they died without heirs of their Bodies between them begotten, the Land so given should revert to the giver, or his heir, that yet the donors by their Deed and feoffment might disinherit their Issue of the Land, CONTRARY TO THE mind OF THE GIVERS, and CONTCARY TO THE FORM EXPRESSED IN THE GIFT. And likewise bar the donors of their Reversions, though DIRECTLY repugnant TO THE FORM OF THE GIFT, which SEEMED VERY HARD TO THE GIVERS, AND THEIR HEIRS, THAT THEIR WILL EXPRESSED IN THE GIFT WAS NOT OBSERVED and the like it seemed to the whole Parliament, which to prevent such injury, injustice and unreasonable dealing for the future, and perceiving HOW NECESSARY & EXPEDIENT IT should BE TO PROVIDE REMEDY in the foresaid cases, ordained. That THE WILL OF THE GIVER, according to the form of the Deed of Gift, manifestly expressed, SHALL BE FROM HENCE FORTH OBSERVED; So that they to whom the Land was given under such condition, SHALL HAVE NO POWER TO ALIEN THE LAND SO GIVEN; 
TO THE DONOR▪  but that it shall remain to the issue of them by whom it was given, after their death; or shall revert to the Donor OR HIS HEIRS if issue fail. The substance of which Law, we find thus ratified in the very Gospel, Gal. 3. 15. Brethren I speak after the manner of men; though it be but a man's Testament, yet if it be confirmed NO MAN disannulleth IT, or addeth thereto. The Justice and equity, of this Statute, is very pregnant and pertinent to the case of patron's Adowsons, and the fabrics, Lands and Endowments originally given by them, or their Ancestors to the Church. And Incumbents and their Successors in these four particulars.  
1. It resolves it to be both just, rationable, equitable, that the Founders and Donors of Lands, Glebs, Revenues and tithes to Parish Churches or chapels, and their Heirs and Grantees after them, should perpetually enjoy the Patronages, Advowsons, and Reversions of them, which they commonly or specially reserved to them upon their Original Foundations and Endowments: So as to present unto them upon every vacancy: as well as the Donors in tail, and their Heirs enjoy the Reversions of all Lands given and granted by them to others, and that 
i Cook's 2 Inst. pa. 33●. 1 Inst●●●▪ 22. Sect. 19  by general construction of Law, as well as by their own special Reservation.  
2. That it is as hard, unjust and injurious to take away, or debar them of their right of Advowsons and presentations upon voidances, or of the fail, fabric, Rectories, Glebes, and other Endowments conferred by them on Parish Churches for public Assemblies, and the maintenance of God's Worship and the Incumben●s only, and to no other uses, in case all Parish Churches, Rectories, Glebes, Tithes be voted down and abolished (is many now strenuously endeavour) as it is to debar, defraud deprive Donors in tail and their Hei●s or Grantees of the Reversions reserved on their Gifts and Grants, in ●ayl after the decease of the Tenants without issue) or Founders of abbeys and other Corporations of their 
k 7. E. 1 11. 12.  Eschetes, after the Corporations expi●ation or dissolution.  
3. That it is as unjust, unconscionable, illegal for any Incumbents to alien or change their Churches, Rector●es, or Glebes in any kind, to the prejudice of his Successor, against the will and intention of the Founders, as for a Tenant in ●ayl, thus to prejudice or disinherit his issue against the Donors express will, especially without the patron's consent and concurrence. And therefore 
l See Brook Fitzh●vb●rt. Ash, Natu●a Br●vium Ti●. Juris u●rum Ducit Pars●●and Patro●; Contra Formam Collatio 〈◊〉 annuity. Lit●letan sect 644. 645. 644. b●ok 1. Instit. f. 341. 342.  all such Alienations and changes are either, void or voidable by our Laws, either by the succeeding Incumbents by an actual entry, or Juris utrum and the like; or ●lse by the Patrons, by a writ of contraformam Collationis; in whom the Right and Inheritance of the Church resides, not in the Incumbent, nor yet properly in alliance (a mere idle fiction) as our Law-books vainly fancy.  
4. That it is both unrighteous, impious, yea Sacrilegious to rob godly Ministers and people of the Inheritance, Possession, Use, Benefit of those Churches, chapels, Rectories, Glebes, Tithes, which our pious Ancestors have Solemnly devoted, and dedicated to them, against their manifest wills, intentions, (yea m Solemn Execrations and anathemas) mentioned in their original Charters of Foundation and Dedication, 
See Mr Selden's H●story of Tithes c. 11 12.  and to turn them to any other profane uses. Yea a gross injury and indignity to the Patrons of them, whose original Right to Advowsons and Presentations, I shall now briefly manifest out of Histories, Canonists and common Law books.  
In the beginning of Christianity, the Apostles, and Ministers of the Gospel next succeeding them, (as is evident by the 
n Acts 2. 3. 4. 5. c. 8. 5. 8. c. 13. 44. c. 15. 21. c. 16. 13, 14. c. 17. 6, &c. c. 18. 1 to 24 ●. 20. 23. See Math. 10. 23. c. 11. 1. Rev. 2 & 3.  Acts of the Apostles, Paul's several Epistles to the Churches of Rome, Ephesus, Corinth, coloss, Philippi, Thessalonica (all famous Cities) Tit. 1. 5. and 
o Eusebius, Socrates, Scholasticus, Theodoret Nicephorus, Casseadorus, Beda, and others.  Ecclesiastical Histories) first preached the Gospel, fixed their residence, planted, gathered, erected Churches both of converted Jews and Gentiles, only in chief Cities of great resort; from whence the Gospel spreading itself by degrees into adjacent Country villages, and places more remote, and the multitudes of Christians so increasing, that the Churches first erected in these great Cities, could not contain them, nor the Believers in the Country Villages (by reason of their necessary occasions and remoteness) conveniently, frequently, and constantly repair to God's public Ordinances in these City Churches every Lord's day, and on other times after Christian Assemblies, upon special occasions; 
p See Concil. Antioch: c. 103, 104. Syn. Rom. c. 5. Walafridus Strabo de Reb. Eccles. c, 17. Gratian Causa 12. qu. 2. c. 26. &c. Mr. Selden's History of Tithes c. 6. sect. 3. &c. 9 11.  thereupon some Christians began to erect Churches, chapels, and Oratories, in Country Villages, by public Contributions of well-affected Converts at first, supplied by such Ministers who resided with the Evangelical Bishops and Ministers of these Cities, as part of their Families. Which Churches and Oratories being afterwards burnt or Demolished in most places, and in this our island, by Dioclesian, and other Persecuting Pagan Emperors; it pleased God to raise up 
q Eusebius, Eutropius the Imperial History, Zona●us, in vita Constanni; Spelman: Con●l: p. 37 to 47, &c. Beda Eccles Hist. l. 1. Math. Westm. An. 3●2. to An. 341. Mr. Scldens' History of Tithes c. 6. sect. 3. & ●. 〈◊〉. 9 11. 12.  Constantine the Great (our famous Countryman, born at York, and the first Christian Emperor) to be an extraordinary Nursing Father (as Helena his Mother, to be a great Nursing Mother) to his Church; who vanquishing and putting to death the grand Persecutor Licinius, demolished Pagan Idols, Temples, Idolatry, throughout the Rom●n Empire; caused the Gospel to be freely preached throughout his Dominions; and erected divers stately Churches for God's public worship in several places, endowing them with Lands and Revenues, to support and encourage the Ministers of the Gospel, officiating in them; by whose pious Munificence and P●, other Christian Kings, Princes, Nobles, and Landed persons in his Reign, and succeeding ages at their own proper costs and expenses, built convenient stately Churches, chapels, Oratories, in all Christian Realms, and in this our island, within their respective manors, Lordships, Lands, Territories, near their own manor or Mansion Houses for the most part, (as we see at this day by ocular experience in most places of England and other Nations) for themselves, their Wives, Children, Families, tenant's ease and convenience, where they might constantly meet together to hear God's Word, Pray, receive the Sacraments, worship God, and enjoy all public Ordinances, for the better conversion, edification, consolation, and salvation of their Souls: And for the encouragement and maintenance of able Ministers constantly to reside and officiate in them, in all succeeding ages, for the benefit of their Posterity, and God's greater glory, they did, out of their own Lands, and Inheritances, freely endow the Ministers of these respective Churches, and their successors for ever, with competent and convenient houses. Rectories, Glebes, Tithes, Rents, Revenues, by special Charters and Instruments (
r See Mr. Selden's History of Tithes ch. 9 10. 12.  many of them yet Extant) with general and special warranties against all claiming under them, and dreadful execrations against all such persons who should sacrilegiously endeavour to d●fra●d or deprive God, or his Ministers, in part or in whole, of what they had thus dedicated and devoted to them. In some of which foundations and endowments of Charters, 
s Summa Angelica. Tit. Jus Patronatus Sect. 5. ex Innocentio.  two or more Lords and Landed men concurred, where they had Lands in common or contiguous, but in most of them, one Lord alone, where the manors were large and entire.  
Now because both the Soil whereon these Churches were built, together with the churchyards thereto annexed for interring the dead; these fabrics of the Churches, with the Parsonage Houses, Rectories, Glebes, Revenues, and Tithes thereto annexed, for the Ministers maintenance, proceeded originally from these founder's Bounty, Piety, Donation, and no way from the Parishioners, who were but the founder's Tenants, Servants, or Children, and held their Lands from, by, or under them, charged with such Tithes as they first granted out of them to the Ministers, (still allowed to them in their Leases, Fines, Purchases in all succeeding ages, by a proportionable defalcation according to their ordinary valuation;) both the 
t See Mr. Selden c. 6. 9 11. 12. Rebessus de Beneficiis. Cook Institutes. f. 17. b. 119. b. Panormitan in 18. qu. 2. Summa Angelica et Ros●lla Tit. Jus Patronatus. 38. Ass. 22. 6. H. 7. 14. Westm. 2. c. 5. 24. E. 3. 72. 3 Jac. c. 5.  Common, Canon, Civil laws of our own, and other Realms, and the very Dictates of Reason, justice, Equity, held it reasonable, just, equitable, that these pious, bountiful Founders, and Benefactors should reserve the full and absolute power of bestowing, conferring the Rectories, Benefices, Tithes, and Profits of these Churches upon every avoidance by death, resignation, cessein, translation, deprivation, or otherwise, on such incumbent Ministers as themselves, their Heirs and Assigns should nominate and make choice of for their Ministers and Chaplains; it being held both unjust, unreasonable, unconscionable, injurious and ingrate, that the Parishioners, or other strangers, who contributed nothing towards the fabrics, Soil, or Endowments of these Churches, and paid no Tithes but what originally proceeded from the patron's grants (allowed to them in their Fines and purchases) should deprive them of, or intercommon with them in their Right of Presentation upon any voidances; it being the Founders mere courtesy, Piety, favour, to admit them and their Posterities free access at all times to these Churches which they Founded not, and to reap the spiritual benefit of these Ministers and Ordinances which they maintained not at their own free cost, but these Founders and Patrons only: as it is at this day a mere Grace and Favour, in our Inns of Court, Colleges, and some Noblemen and Gentlemen in the Country, to permit their Neighbours and Strangers free access to their private chapels in their Houses, to the Ordinances there dispensed by their own hired Chaplains and Preachers.  
Angelus de Clavasio, in his Summa Angelica, Tit. Jus Patronatus, Panormitan, with other Canonists, and Sir Edward Cook in his Institutes upon Littleton f. 17. 6. & 113. informs us, That the Right of presenting an Encumbent to the Church, was first gained by such as were Founders, Benefactors, or Maintainers of the Church by their means, viz. Ratione Fundationis; as where the Ancester was Founder of the Church, or Repairer thereof being quite Demolished; Or, Ratione Dotationis, where he endows the Church; Or, Ratione Fundi, as where he gave the Soil whereon the Church was built. Perchance in some cases these three were distinguished, but for the most part all three concurred in the selfsame persons, who both gave the soil, fabric, and Endowments of the Church for the maintenance of God's public worship, out of their pious munificence, now grown quite out of date, and reputed by many no better than Prodigal superstition, who would be deemed Saints of the greatest magnitude, though inspired with a fanatic infernal zeal, only to eat up God's House; diametrically contrary to the zeal of our pious Ancestors, yea of holy David, and our Saviour himself, of both which we find it thus recorded in holy writ, Psal. 69. 9 John 2. 15, 16, 17. The zeal of thine House hath eaten me up; as it did the zealous Founders and Patrons of our Churches, in times of less Light, but far greater heat than now.  
This Right of presenting Encumbents to Churches, thus gained by the first Founders, Endowers, and Maintainers of them, was by the Common, Canon, and Civil Law, styled 
v Westm. 2. c. 5. 7. E. 3. 4. 45. E. 3. 5. B●●tton c. 92. Cook 1. Insti●. f. 17. b. 119. b. Selden's History of Tithes ch. 6. p. 85, 86. R●bussus de Beneficiis Summa Angelica & Rosella Tit. Jus Patronatus.  Jus Patronatus, Advocatio, Jus Presentandi, &c. and in English, A Patronage, or Advowson: And he who enjoyed this Right of Patronage, Presentation, or Advowson, was styled Patronus, or Advocatus, a Patron or Advocate, because he was to defend, and patronize the Churches, and Excumbents Right and Title upon all occasions, in all Courts of Justice, as Advocates use to dafend their client's Causes, advow, justify them when ever 
* See Brook & Fitzh. Tit. aid & aid le Roy.  prayed in aid, or called upon by the Encumbent for to do it. Hence Bracton l. 4. f. 240. Fleta l. 5. c. 14. and Cook out of them describe a Patron or Advocate; Advocatus est ad quem pertinet Ius Advocationis alterius Ecclsiae ut ad Ecclesiam nomine proprio non alieno possit praesentare. And Angelus de Clavasio, Panormitan, with other Canonists thus define a Ius Patronatus est, Ius hon●r●ficum, onerosum & utile olicui competens in Ecclesia, pro eo quod Diocesani consensu eam construxit, fundavit vel dotavit; ipse vel is a quo causam habuit. Et dicitur honorificum, quia habet honorem praesentandi Rectorem, quia sine ejus praesentatiane si Episcopus vel alias Prelatus instituit, ipso lure est nulla. Onerosum dicitur quia Patronus tenetur defendere Ecclesiam, ne bona indebite dilapidentur, utile dicitur si venirit etiam, quia sivenerit ad in opiam tenitur Ecclesia ex redditibus ultra necessaria remanentibus alimentare Patronum pinguius quam alios pauperes. This Right of Advowson the Bishop in some places confirmed to the Founder, Endower, or his Heir, by putting a Robe or such like on him at the Dedication; an example whereof we find in the life of 
x Anonym in vita S. ●d●●rici. c. 7. Mr. S●ld●as His●●●● of Tithes c. 6. p 86  Ulrique Bishop of Auspurg, in one of his dedications about the year 950. where Consecratione peracta, d●teque contradita, comprotato illic Presbytero, Altaris procurationem commendavit, & ECCLESIAE ADVOCATIONEM FIRMITER LEGITIMO HAEREDI PANNO IMPOSITO, COMMENDAVIT. This Right of Foundership cannot be escheat or be forfeited. 24, E. 3. 72. Brook Eschete 9  
This Right of Patronage and Presentation in respect to Churches, is the very same in reason, equity, justice, substance, with the 
y 24 ●. 3. 72. Cook 1 Instit. s. 344. A Godw●●s Catalogue of ●●s●ops. Antiqu. Eccl●si● B●t. 6 H. 8. c. 14 31. H. 8. c. 9 1 E. 6. c. 8. 8. Eliz. c. 1. Register of 〈◊〉. f. 29. 165. 290. 291. 31. 34. 40. 41. 43. 47. 280. 303. 304. 19, to 64. 〈◊〉 rb●rs N●●ura Brevium & B●●d●m. Titl●. Qu●●e 〈◊〉. S. A●s. 29 8 E. 3. 64. 13. As●. 2. 11 ●. 4. 12. 84. 27 E. 3. 84. 6. ●. 7. 14. 〈…〉. 42. 50. 5 H. 5. c. 1 25 H. 8. 21. 43 E●●. c. 4. 2 H. 7. 14. 3. Jac. c. 5.  founders of bishoprics, Deaneries, Prebends, abbeys, Priories, Chauntries. Hospitals, Colleges, Free-Schools. Almshouses, Fellowships, scholarships, And the like Charitable Edifices for public use, who by virtue and right of their Foundership have the Patronages, Advowsons, and Visitations of them vested in them and their Heirs in Perpetuity, with power to transfer them unto such other persons as they think meet to in●rust, and to nominate, present or collate Bishops, Deans, Prebends, Abbots, Priors, Priests, Masters, Wardens, schoolmasters, scholars Fellows, Almesm●n, and poor People to them upon every voidance, according to this Maxim in Law, Cujus est dare, ejus est disponere: And that by as good justice and equity, as he that builded an House upon his own Land, at his own cost, may justly dispose of it, when it is vacant, to whom he thinks meet, without the licence of any others▪ who have no interest nor inheritance therein. And this right is not only ratified by the examples of King David, and Solomen▪ in the old Testament, who being the Founders of the magnificent Temples of the Lord at Jerusalem, appointed, ordered, the Priests, Levites, Porters, with all other Officers attending therein, and prescribed Laws and Courses to them. 1 Chron. 9 c. 16. 37. &c. c. 22, & 2●, & 25, & 26, & 28 13. 21. 2 Chron. 8. 14, 15. as did Ios●●●their●en and Successor after them 2 Chron. 35. 4. But likewise by that saying of Christ himself, Mat. 20. 15. Is it not lawful to do what I will with my own? Is thine eye evil, because I am good? and that Expostulation of Saint Paul (grounded upon reason, equity, and common practice) 1 Cor. 9 7, 8. Who planteth a Vineyard, and eateth not of the fruit thereof? Or who feedeth a Flock, and eateth not of the Milk thereof? Say I these things as a man? Or saith not the Law the same also? Yea, God himself upon this very ground, that he is the Founder of the Earth, and all the Kingdoms and Powers therein, claimeth this privilege, To give them to whomsoever he will; Dan. 4. 17. 25. Job 1. 21. Psal. 75. 6, 7. Deu●. 10. 1●. Psal. 24. 1. Deut. 32. 8. Prov. 8. 15, 16. And therefore Founders of Churches by the like reason, in their degree may do the like, without any wrong or prejudice to the Parishioners or others. See Levit. 27. 14, to 26. Deut. 20. 5, 6. c. 26. 13. 14. Esth. 1. 22.  
These Advowsons of Churches (Founded and Endowed by Lords of Manors for the most part) were thereupon by the Law of England annexed as 
z 13 E. 3. Fitz. Quare Imp. 58 117. 59 43 E. 3. 35. 21 E. 3. 38. 45 E. 3. 12. Fi●zh. ●beri, Brook Prisentm. all Esglis● & Q●are impedi●. Ash. Title Advowson Append. Quare Impedit. Cook 1 Instit. f. 121, 122. 307. 9 ●. 3. 4. 38. 33 H. 6. 12. 35 H. 6. 52. 46 E. 3. 19 14 H. 6. 15.  appendent to the Manors and Land● of the founders, wherein the Churches stood, and descended with them to their Heirs or Successors; and in case they sold these Manors or Lands to which they were appendent, the Advowsons passed together with them, by a General Grant of the Manors or Lands, with the Appurtenances or without them, (Unless specially reserved, or severed from them by special grant before) except only in the King's case, wherein the Aavowson could not pass together with the Manor by the general word appurtenances, unless specially named. And they were such a Lay Inheritance and Fee, whether appendent or in gross, as were descendable to Heirs; Grantable and Vendable to strangers, yea 
a Fl●ta l. 2. c. 65. Britton f. 135. 5 H. 7. 37: 33 E. 3. Gar. 122. 32 H. 6. 21. Cook Instit. f. 374. 6.  asssets, or things of Price and Value in judgement of Law, not mere inconsiderate or worthless Privileges, as the Marginal Law-Books resolve. And by the Canon Law, Ius Patronatus, or Advowsons, were such a Right or Inheritance which did transire ad Heredes & etiam ad Extraneos, vel Donatione, vel venditione, either as appendent or in gross, unless in cases of Symonical Contracts, as Panormitan, Summa Angelica and Rosella, Innocentius, Hostiensis, Lindwood; 
b Antonii Corsiti Repertorium. Thomas Zerula Praxis Episcopalis. Tit. Jus Patro●atus. Rebussus de Beneficiis.  and other Canonists, in this Title of Ius Patronatus, resolve. Yea an Advowson in gross, severed from a Manor is such an Inheritance, as lies in Tenure, and may be held of the King in Capite, and of any other Lord by Homage, Fealty, or knight's service, as is agreed, resolved, 21. E. 3. 5. 33 H 6. 34. 14 H. 7 26. 24 E. 3. 60. 5 H. 7. 36. Brook Tenures 4. 15 18. 20. 34. Quare Impedit 99 with other Law-Books; yea such an Inheritan●e whereof the Wi●e of the Patron shall be endowed by Law (as Fitzherbert in his abridgement, and Natura Brevium, Title Dower, with 
c Cook 2 In. stit. 357.  other Books resolve;) and both a Cessavit and Scire facias lie of an Advowson, 43 E. 3. 15. 5 H. 7. 37. Reg● stes f. 69. Cook 2. Instit. p. 357. In 
d S●ldens History of Tithes ch. 6. s●ct. 2. c. 9 sect. 4.  elder times, the Founders, and Patrons of Churches had such a full and absolute Interest in them, and in all the Temporalties, Houses, Gl●bes, Tithes, Profits, belonging to them, (proceeding from their original Donation and Endowment) that upon every Vacancy they conferred them on their new Chaplains and Incumbents (without any Admission, Institution, or Induction from the Bishop or archdeacon, (introduced by succeeding Canons, and Pope's Decretals, encroaching on the Patrons Right and power) as really, fully, and immediately in point of interest; by some Ceremony, not differing from our Livery and Seisin; as delivering them the Ring or Key of the Church door, with these words, 
e Petrus D●mian: l. 1 Epist. 13. ad Alex. 2.  Accipe Ecclesiam, receive the Church, or the like, as they then and since conferred the freehold and interest of any other Houses and Lands to their Tenants by their own Livery and Se●sin; whence by the phrase of that time, this kind of giving the Church to the Incumbent by the Patron, was styled Commendatio Ecclesiae, that is, the Lay Patrons Committing or Livery of the Church and its endowments to the Incumbent to take care and dispose of as a usufructuary of what the Patron was Proprietary, or as a Tenant only for life of that whereof the Patron was in Reversion; which Mr. Selden proves at large. The Footsteps of this their Primitive Right, and jurisdiction, we find yet remaining in some Free chapels and Donatives founded by our Kings, or exempted from Episcopal visitation, and jurisdiction, by our King's special Charters, which the Patrons at every Vacancy may fully and freely give, grant, confer to their Chaplains, without any presentation at all to the Bishop, or other Ordinary, or any Institution or Induction, and may visit by themselves, or their Commissaries, when there is occasion, as you may read at large in Cook's 1 Institutes, and the Law-books there quoted f. 344. a. Brook Presentation all Esglise 43. 6 H. 7. 14. 49 E. 3. Quare Imp. 60. Mr. Selden's History of Tithes ch. 6. p. 91. But in after ages by the 8 General Council of Constantinople, An. Dom. 871. Actio. 10. Can. 22. The Council of Rome under Gregory the seventh, Anno. 1078. The Council of Lateran, Anno. 1119. under Calixtus the second (chiefly summoned against Investitures) The Council of Lateran under Inn●cent the second, A●. 1129. and other Pope's Decrees registered by Gratian Distinct. 63. 70. and Causa 16. qu. 7. the Right not only of our own and other King's Investitures of Bishops in their bishoprics (whereof they were Founders) only per Annulum & Baculum, but of all Lay Patrons Investitures of their Clerks to any Benefices, or other Ecclesiastical Promotions, were by Degrees totally abolished, and they enforced to present all their Clerks to the Bishops, not only for their approbation, but also Institution and Induction, without which there could be no Plavarly; and the Incumbents were uncapable to sue for any Tithes, or receive any profits of their livings; when as at first they received full possession of their Rectories, Glebes, Tithes, Churches from the patron's hands alone, without the Bishop's concurrence; who left only the right of Presentation, and Advowson in the patron's hands, out of which they could not extort it by their Canons, as some of them oft endeavoured. But the Popes and Prelates jurisdiction and Canons, depriving Patrons of their ancient, Right of Investitures, being now exploded and abolished, it is both reasonable, just, and equitable, that this their Right should now be fully restored, revived, and they freely permitted to give full possession to their Clerks of the Churches, Rectories, Glebes, Tithes and Profits, whereof they have the Patronages, by giving them Livery and Se●sin, of them by the Ring of the Church-door, or delivering them the Keys of the Church or Rectory without any further Ceremony, or other institution or induction by any other strangers hands.  
The Right of all Patrons and Presentations to Churches at this day, is either by Inheritance and Descent from the original Founders and Endowers of them, or by original grant and purchase from them, upon valuable Considerations. Both which Tithes, as they 
f See Fitzherbert, Statham, Br●●k, Ash, Title, Presentation a● Esglise, Quare Impedit, Grant Advowson, & Droit, West 2. c. 5. and Cook's 2 Institutes. p. 356, 357, etc 3 Jac. c. 5.  are legal, just, reasonable, equitable by the Common, Statute and Canon Laws of our Nation; So are they likewise by the Law of God, which both approves, ratifies Rights and Titles by purchase from lawful owners, Gen. 17. 13. 23, 27. ch. 23. 8. to 19 chap. 33. 19 chap. 47. 10. 22, 23. chap. 49, 30. chap. 50. 13. Exod. 12. 44. Levit. 25. 28. to 52. Josh, 24. 32. Ruth 4. 4. to 13. 2 Sam▪ 12. 3. chap. 24. 20. to 26. 1 King's 16. 24. Jer▪ 32. 7. to 13. 43, 44. Matth. 13. 44, 46. chap. 27. 7. Luke 14. 18. 1 Cor. 7. 30. James 4. 13. Prov. 31. 16. Rev. 3. 18. chap, 13. 17. it being the very Title of Christ to his Church and Saints which he hath bought and purchased with his own blood, Acts 20, 28. 1. Pet. 1. 18, 19, 1 Cor. 6. 20. chap. 7. 23. 2. Pet. 2. 1. and likewise Rights and Titles by Inheritance, Heirship or Descent. Deut. 21. 15, 16, 17. Num. 27. 1. to 12. chap. 36. 1. to 13. Josh. 17. 3: to 7. 2 Sam. 7. 12. to 18. 1 King's 21. 2, 3, 4. 2 Chron. 33. 3. 1 Chron. 28. 8. Ezra 9 12. Prov. 13. 22. Jer. 32. 8. Ezech. 33. 24. chap. 46. 16, 17, 18. Matth. 2. 2. chap. 21. 38. Mark 12. 7. Luke 12. 13.  
This Right of Patrons being then thus warranted, established, by all Laws of God and men, cannot be justly lost, forfeited or taken from them (especially without summons, Suit, hearing or legal trial) without the highest Injustice; having continued sacred and inviolable hitherto in all ages, a●d public revolutions, unless it be through the Patrons own forfeitures, or defaults; and that either totally or finally, or pro hac vice, for one avoidance only, in such cases as our Law allows of; as namely.  
1. In case of 
g Rastal's Abridgement, Fitzherbert, & Brook, Tit. For●eiture, Escheat Treason.  Legal Attainders for Treason or Felony, for which the Inheritance of Advowsons appendent or in gross are forfeited to the Crown, or Lord by Escheat, as well as other Inheritances.  
2. In case of 
h West. 2. c. 5. Cook 2. Instit. p. 358. and the Law books there cited. 35. H. 6. 54. H. 60. 64.  usurpation upon a Purchaser of an Advowson and six months plenary, without any action or Quare Impedit brought by him against the Usurper; in which case the Inheritance of Advowson is utterly lost by the Conrmon Law, And the Purchaser, or his Heir and Successor left remediless through their own neglect; and defect of a legal Writ; since a Purchaser who never presented, cannot have a Writ of Right, nor Darrein Presentment; nor yet a Quare Impedit after six months elapsed, and a plenary by usurpation.  
3. In case of Recusancy; 
i Cook. 10. Rep. s. 55. &c.  Popish Patrons during their Recusan●y only, being disabled to present or grant any avoidance of any Churches or ecclesiastical Livings after conviction; and their right of Presentation granted to the universities of Oxford and Cambridge, by the Statute of 3. Jac. chap. 5.  
4. In case of 
k Cook 1. Instit. f. 120. a. See Hostiensis, Summa Angeca, Rosella, & Thomas zerula. Tit. Simonia.  simony, which forfeits and voids the Presentation, Institution, and Induction, for that term only, and transfers them to the Crown; by the Statute of 31. Eliz. chap. 6. and likewise forfeits the double of one years' profits of every Benefice presented by simony, to the King, which the corrupt Patron is to pay.  
5. In the case of Outlawry; which forfeits Patrons actual avoydances before or during the Outlawry to the Crown, as some 
l 9 H. 6. 57 Brook Forfeiture 73. 104.  Law-books resolve.  
6. In cases of negligence when and where the Patrons neglect to present a sufficient Clerk to the Church within six months' space after the avoidances by the Incumbents death, without notice, or within six months after notice given by the Ordinary in cases of resignation, or deprivation. After which time the Ordinary by Law may present by Lays, to supply the Church through the patron's defect, ●●d so deprive him of that Presentation only, but not of the next avoidance; and that by the Common, as well as 
m summa Angelica Tit. Jus Patronatus sect. 16  Canon Law.  
7. Our Kings and Princes of late times, when they made any Incumbent, a Bishop used (by colour of their Prerogative) to present to the Incumbents Living void by this Translation, and so deprive the Patron of his right for this time only; which upon consideration of all 
n See Cook 2 I●st●t. p● 358, & 4. Inst. p. 356 357. and the Law books there cited, Brook Presentation all Esglise 3. 14. 48, 50. 61. 17. E. 3. 40. a.  our Law-books, and the arguments pr● & contra, I always conceived to be a late injurious usurpation upon the Patrons Right, and no true nor ancient Prerogative settled in the Crown. As for the Kings, and other Guardians in Chivalry usual Presentations to the Churches of their Wards, during their Wardship and Minority, It was no prejudice to their Wards being in affirmance of their Right, and a privilege given them by our Laws, during the Wards Minority and want of discretion to make choice of able Incumbents to supply the cure. In all other cases but these, our 
o Mag. Charta. c. 13 52 H. 3. c. 12, 13. E. 1. c. 5.  Parliament and Laws took special care for the security and inviolable preservation of all Patrons Advowsons and Right in Churches by providing sundry Writs and Remedies against all Usurpations, Injuries, Prejudices by Ordinaries, Usurpers, Incumbents, or other persons; a Catalogue whereof, I shall here subjoin.  
The first is a 
p Westm. 2. c. 5. Glanvil. l. 6. c. 17. l. 13. c. 20, 21. Bract. l. 4. f. 246, 247. Brit. c. 94. Fleta. l. 5. c. 12. to 17. Register f. 29. b. Fitzh. Bruf. 125. Statham, Brook, Fitzherbert, Abridgement, Natura Brevium, & Ash; Title Droit, & Droit de R●cto. Cook 2. Instit. p. 336. to 365. and the books there quoted. 38. H. 6. 10. 21 26. H. 8. 3.  Writ De RECTO DE ADVOCATIONE, or DROIT de Advowson, as our Statutes and Law-books phrase it in English, A Writ of RIGHT OF ADVOWSON. This was a Writ original at the Common Law, triable by Duel or the grand Assize, which every Patron of Inheritance was enforced to sue, where any stranger who had no right to present, presented a Clerk by wrong to his Church, and his Clerk was admitted thereto by the Bishop, before the Statute of Westminster 2. chap. 5. which Writ no Tenant in Tail or for life, could sue at the Common Law after any usurpation suffered by them; nor any Purchaser or Heir in Fee-simple, but such who could allege a Presentation to the Church in themselves, or their Ancestors from whom the Advowson descended to them. And this is the form of the writ. Rex, &c. praecipimus tibi quod sine delatione PLENUM RECTUM TENEAS W. de 2. DE ADVOCATIONE ECCLESIAE de L. quam clamat pertinere ad liberum tenementum suum: or Praecipe A. quod juste &c. reddat B. Advocationem Ecclesiae de S. quam ei iniuste DEFORCIAT, ut dicit. The very Title and form of which Writ of RIGHT, undeniably demonstrate, that Patrons of Churches have a most just and legal Right of Inheritance in their Advowsons of Churches, which the Common Law takes special care to preserve by a Writ of RIGHT (of the highest nature) and to restore to the Patrons both justly and speedily, without delay. when unjustly and forcibly outed thereof by any Usurpers whatsoever.  
The Second is 
q West. c. Cook 2 Instit. p. 364. Register f. 29. b. 4. E. 3. 28. 38. E. 3. 13. a. Fitz. Natura Brev. f. 45. Dr. and Student. c. 25. Brook Droit de recto. 8. 38. H. 6. 19 Brook Prohibition 7.  a Writ DE RECTO DE ADVOCATIONE decimarum; which lieth in this case, if there be two Patrons of two adjoining Parish Churches, and the Incumbent of one of the Patrons demandeth Tithes in the spiritual Court, against the Incumbent of the other, and one of the Patrons sued a Writ of Judicavit to the Bishop to stop the proceedings in his Court, for that the Right of the Patronage should come in question to his prejudice, if the Tithes belonging to his Church and Incumbent should there be given from them by the Bishop, without a legal trial by Jury at the Common Law: in this case the Patron of the Clerk prohibited to sue for the Tithes before the Bishop by the Judicavit, shall have this writ, by the Statute of Westminster, 2 chap 5. in this Form. Praecipe A. quod reddat B. ADVOCATIONEM DECIMARUM (Medietatis, tertiae, quartae partis, or of a lesser part; as unius curucatae terrae, &c. as some books are) and if the right be found at the Common Law for the Patron who brings this writ, his Clerk formerly barred and remediless by the Judicavit, shall proceed in the Bishop's Court to recover the Tithes against the other Incumbent.  
The Third is a 
r Mag. Charta c. 10. 8▪ E. 1. rat. 26. West. 2. c. 5. Brac. con. l. 4 f. 216. Fleta. l. 5 c. 17. Regiss. f. 30, 31. S●atham, Fitzherbert, Brook, Ash Natura Brevium Tit. Assize de Darrein presentment. Cook 2. Instit. p. 357.  writ of assize Darrein Presentment; or Assisae ultimae Praesentationis: being a writ only of Possession; whereby the Patron who by himself or his Ancestors presented the last Incumbent to the Church, which was instituted and inducted, shall recover the possession thereof against the Disseisor or Usurper thereof. This writ required the sheriff to summon twelve free and lawful men of the vicenage to inquire upon oath: Quis advocatus tempore Pacis praesentavit ultimam personam quae mortua est, ad Ecclesiam de S. quae vacat &c. & cujus Advocatio idem A. dicit ad se pertinere. Et Summoneas, &c. B. qui Advocationem illam ei deforciat, quod tunc sit ibi audiendum illam recognitionem. And this is a writ original at the Common Law, not given by Statute, proving a Disseising of the patron's Freehold.  
The Fourth is, the most usual and common Writ, of Quare Impedit, the form whereof is this: 
* Register f. 30. 60. & New Natura Brevivium.  Quod permittat à presentare idoneam personam ad Ecclesiam de B. quae vacat, & ad suam spectat donationem, ut dicit; & unde quaeritur quod praedictus D. eum iniuste IMPEDIT, &c. Which Writ lies for any Heir, Purchaser and Patron of an Advowson in Fee, Fee tail for life, years; grantees of the next avoidance only, for Executors, Tenants in Dower, Tenants by the courtesy, Guardians or others who have right to present to any Church or Benefice, though they never presented before; and that either against the Bishop or Ordinary, usurper, and usurpers Clerk admitted by the Ordinary, or one two or all of them, (as the case requires) for hindering them to present their Clerks to the Churches, whereof they are Patrons. By this Writ, the Patron in some cases shall recover his Presentation, and in some cases two years' profits of the Church in damages, where he loseth his presentation for that time, till the next avoidance. The Law and learning concerning this Writ being very copious, I shall refer you to the Statute of West. 2. ch. 5. and Cook's commentary thereon. p. 356, &c. His first Institutes f. 314. 344. Statham, Fitzherbert, Brook, and Natura Brevium. Tit. quare Impedit. Register f. 30. Glanvil. l. 6. c. 17. l. 13. c. 20, 21. Bracton l. 4 f. 246, 247. Britton ch. 94. Fleta l. 5. c. 12. to 17. I shall only observe from the words of this Writ; That every Patron by the resolution of our Statutes and Laws in all ages, hath a just and lawful right to present a fit Person to his Church, when void, that it is injustice in any to disturb him in his Presentation; for which he shall recover good damages against him. This is an original Writ at Common Law, before any Statute.  
The Fifth is, a Writ, 
* Register f. 31. Nat. Brevium, Statham, Brook Fitzherbert, Ash. Title. Ne Admittas.  Ne admittas, directed to the Bishop or Ordinary of the diocese, prohibiting him (when two or more pretend themselves Patrons to a Church which is void, are at suit in the King's Courts one with another about the right of the Advowson (by writ of quare Impedit, assize of Darrein presentment, right of Advowson or the like) not to admit either of their Clerks, or any other to the Church, till it be determined by Law, to which of them the Advowson or Presentation of right belongeth. This writ is to prevent the Bishop from doing any prejudice to the rightful Patron, or to present to the Church by Lays pending the suit between the Pretenders to the Patronage.  
The Sixth is, a Writ 
* Register f. 31. 33. Nat. Brev. Fitz. Brook Ash Tit. Ne Admittas 21. H. 7, 8.  De Clerico admittende, directed to the Ordinary; enjoining him to admit the Clerk of that Patron, who recovers in the King's Court, notwithstanding the former Writ of Ne admittas directed to him. The like Writ lies, when the parties agree amongst themselves which of them shall present, and also when the Ne admittas was granted upon a false suggestion, that there was a suit depending between two Patrons, when there was none.  
The Seventh is, a Writ of 
* Register f. 32. No. Nat. f. 47. old Nat. Brook Statham Fitz. Ash. Tit. quare non admisit. 34. H. 6 41. 38. H 6. 14. 7. H. 4. 25. 21. H. 7. 8.  quare non admisit, directed to the Ordinary, when he refuseth to admit the patron's Clerk, recovers in the King's Court his Presentment to the Church in an assize of Darrein Presentment, quare Impedit, or Writ of Right, upon a Writ De Clerico admittendo first directed to him. It is grounded on the judgement and Record in Court: And this Writ is, to summon the Bishop to appear before the King's Justices, who gave the judgement for the Patron, to show cause why he refused to admit his Clerk, in nostri, ac Mandati Nostri praedicti contemptum, & Executionis Judicii praedicti retardationem, & ipsius. A DAMNUM NON MODICUM ET GRAVAMEN. If the Bishop show good cause, he shall be excused, or else fired for his contempt, damage, prejudice to the Patron.  
The Eight is the Writ of 
* Register old and new Nat. Brevium Ash. Tit. quare Incumbravit.  quare Incumbravit, directed to the Bishop, summoning him to appear before the King's Justices in case when he incumbers and fills the Church, pending any suit in the King's Court by a Writ of assize, Right or quare Impedit contrary to the Writ of Ne admittas directed to him, by means whereof the true patron's Clerk when he recovers cannot be admitted freely thereunto, in ipsius DAMNUM NON MODICUM ET GRAVAMEN & CONTRA LEGEM & CONSUETUDINEM REGNI NOSTRI. For which if he can show no good cause, he shall be fined, and the encumbrance removed.  
The ninth is, 
* Register f. 33 34.  a Writ of Prohibition to the Bishop, prohibiting him to hold Plea in Court Christian, DE ADVOCATIONE Ecclesiae de N. vel Medietatis, vel Tertiae partis, vel quatiae partis Ecclesiae de N. unde G. queritur, quod R. Episcopus Sarum trahit eos in placitum coram vobis in Curia Christianitatis: quia placita DE ADVOCATIONIBUS ECCLESIARUM Spectant ad Coronam & Dignitatem nostram. And if the Bishop proceed in this Plea to the Patrons or King's prejudice, an Attachment shall issue out against him, and he shall be imprisoned and fined for this contempt, and his temporalities seized.  
The Tenth is, a Writ of 
* Register f. 35 36. Westm. 2. c. 5 Glan vil. l. 4. c. 13. ●racton l. 5. c. 402. b. Brit. f. 260. 4. 6. 3. 27. 7 Ed. 3. 42. 31. H. 6. 14. No. Nat. 45. 38. H. 6. 20, 21. 12. E. 4 13. 2 H. 7. 12. Cook 2. Instit. p. 364. 265. Selden's History of Tithes, cap. 14. sect. 3.  Judicavit: where two Incumbents of two neighbour Churches presented by several Patrons implead one another in the Bishop's Court for Tithes, as belonging to their Churches, amounting to the moiety; third or fourth part of the Tithes, (or any lesser part before Articuli Cleri. c. 2.) then either of the Patrons might sue a Writ of Judicavit out of the King's Court to the Bishop, to prohibit and stay the suit in the Bishop's Court, till the right of Tithes were determined in the King's Court; because else the Patron as the Writ suggests, jacturam Advocationis suae incurreret si praedictus C. in causa illa obtineret: For the Advowson would be so much the worse, as the value of the Tithes formerly belonging thereto, and recovered from his Incumbent in the Bishop's Court amounted unto. This Writ discovers how careful our King's Common Laws were to preserve the right of Patrons from the least prejudice or diminution by their own Incumbents, or any others.  
The Eleventh▪ is the Writ Ad Iura Regia; which lies where the King is Patron, or hath right to present, or others interrupt or disturb his right of Presentation, or Incumbent, when presented before or after judgement given for him in any spiritual Court by appeal, &c. or bulls from Rome, to the dishonour and prejudice of the King and the rights of his Crown. In which case, the parties for their contempt shall be attached, committed to prison and exemplarily punished, as appears by the Register of Writs f. 61, 62, 63, 64. to which I remit the Reader.  
The Twelfth, is a Praemunire, in cases when any shall procure or execute any Exemptions or bulls from the Pope (as the Cistertians did) to be exempted from payment of Tithes to the prejudice of the Patrons in their Advowsons, as well as of the Incumbents. A severe penalty inflicted on them by the Statute of 2 H. 4. c. 4. which Statute as Printed, because it mentions nothing at all relating to Patrons; I shall therefore transcribe the Petition in Parliament, and the Act made thereupon verbatim out of the Parliament Roll itself, which is most punctual, full and considerable, ●et unknown to most Lawyers as well as Patrons, whom it concerns.  
2 H. 4. Rot. Parl. num. 41. Item a Petition was delivered in Parliament touching the Ordering of Cistertians or Cisteux, the which by the King's commandment was sent to the Commons for to be advised of, and deliver their advice thereon: of which Petition, the words here ensue.  
May it please Our most Gracious Lord the King to consider, that whereas time out of memory, the Religious men of the Order of Cisteux of your Realm of England have paid all manner of Tithes of their Lands, Tenements and Possessions, let to Farm or manured, and occupied by other persons than themselves, and likewise of all manner of things titheable, being and kept upon the said Lands, Tenements and Possessions, as fully and entirely, and in the same manner as the other liege's (or Subjects) of your said Realm. Yet so it is, that now of late the said Religious have purchased a Bull of our most holy Father the Pope, by the which our said most holy Father hath granted to the said Religious and others your liege's, That they shall pay no tithes of their Lands, Meadows, Tenements, Possessions, Woods, Beasts, or any other things, albeit they are or shall be leased or farmed out; any title of prescription or right acquired, or which may hereafter be acquired to the contrary notwithstanding. The which pursuit and grant, are apparently against the Laws and customs of your Realm; by reason that diverse Compositions real and Indenture are made between many of the said Religious and other your lieges of the prize of such Tithes; also, because that in divers Parishes, the Tithes demanded by the said Religious by colour of the said Bull, exceed the fourth part of the value of the said Benefices, within whose limits and bounds they are; and so if the said Bull shall be executed, as well you our most doubted Lord, as your liege's, PATRONS OF THE SAID BENEFICES shall LOSE YOUR ADVOWSONS OF THE SAID BENEFICES IN GREAT PART, and the Conusance of them which in this behalf appertaineth, and in all times hath belonged to your Regality, shall be discussed in Court Christian, against the said Laws and Customs: and to avoid the great trouble and commotion which may arise amongst your people by notion and execution of such novelties within your Realm; May it therefore please your Majesty, by assent of the Lords and Commons assembled in this present Parliament, to ordain, that if the said Religious or any other put or shall put the said Bull in execution in any manner, that then he or those who put or shall put this Bull in execution, shall be put out of your Protection by process duly made in this behalf, and their goods forfeited to you lost, and that as a work of charity.  
Which Petition being read and considered, was answered in these words following, It is accorded by the King and Lords in Parliament, that the Order of Cisteux shall stand in the state it was, before the time of the bulls purchased comprised in this Petition; and that as well those of the said Order, as all others Religious and Seculars of what estate or condition soever they shall be, who shall put the said bulls in execution, or heretofore have purchased or shall hereafter purchase other such bulls, or being purchased shall take advantage of them in any manner, that process shall be made against them by garnishment of two months, by a writ of Pr●em●nire facias. And if they shall make default, or shall be attainted, that they shall be put out of the King's Protection, and incur the penalties and forfeitures comprised in the Statute of Provisions, made the 13. year of K. Richard. And moreover for to eschew many mischie●s likely to happen in times to come, It is accorded, That our sovereign Lord the King shall send (or write) to our most holy Father the Pope, for to repeal and ●ull the said bulls purchased, and to abst●in himself to make any such grant for time to come. To which answer, the Commons well agreed, and that it should be made into a Statute.  
Which was done accordingly, as you may read in the Statutes at large, 2 H. 4. c. 4. From which memorable Petition and Record, as 
b See Mr. Selden's History of Tithes. ch. 6. p. 120, etc  our Anabaptists and others desiring exemption from Tithes may take notice, that it is an Antichristian and Papal practice (not to pay as they hold) but to seek and prosecute an absolute exemption from the payment of any Tithes as other Subjects do especially by religious PERSONS, condemned in this whole Parliament, 
c Petrus Bestasis Epist: 82. Joan. Sarisb. de Nugis Curialium l. 7. c. 21. and sundry others.  both in the Pope and Cistertian Monks (the first contrivers of it) even in those times of grossest Popery, as contrary to the express Laws and customs of the Realm, and prejudicial to the King and all other Patrons, and so execrable and prejudicious, that they involve all prosecutors of such Bulls and Exemptions from payment of Tithes in no less penalty than a Praemunire. So they were exceeding tender and zealous of patron's Advowsons, which they would not have impaired in the least degree by any exemptions from paying tithes, though by their most holy Father the Popes own special Bulls, nor the Conusances of them any way drawn into the spiritual Courts, against the Laws and customs of the Realm, and the King's Regalities. In which resolution both the King, Lords and Commons, even in these Popish times unanimously concurred.  
Upon consideration of all which Premises and writs in behalf of patron's Rights and Advowsons, securing them against all violent and injurious usurpations and encroachments, and likewise of the wisdom of our Laws & Ancestors, in making the Patrons always parties by way of 
d See Fitzherbert and Brook, Title, Aid and Quare Impedit, and Ashes Tables.  an de prayer to all Suits and Actions against the Incumbents wherein their Collusion or Lurches might turn any way to their or the church's prejudice; All rational, just, righteous conscientious persons, and encuragers of public works of Piety and charity towards God's Church or Ministers, must needs unanimously conclude, the late Vote (of our New dishoused Legifers) against all Patrons undisputable, Just, Legal, Equitable, Rights of Patronage, and future Presentations to parochial Churches, and other ecclesiastical Benefices, without the least legal process, Hearing, Trial, or recompense, or any pregnant satisfactory Reason rendered for it against all sacred Texts, Common, Civil, Canon Laws, Writs, Records, Prescriptions, time out of mind, and grounds of Justice, equity, conscience reason here produced for them) to their perpetual, dishinteritance, loss, and discontent to be both extravagant, unrighteous, illegal, injurious to them in the highest degree, if not destructive to our Churches, Ministers, Religion, and dishonourable to our Nation, for the Reasons first alleged. And therefore fit to be nulled and buried in perpetual Oblivion, without the least execution of it to our patron's prejudice.  
Objection. Now whereas some pretend, the Right of Patronages and Presentation to Parish Churches to be injurious to Parishioners, and very mischievous, and therefore, just and fitting to be abolished or taken from the Patrons, and vested in the people.  
Answer. I answer that the Consideration of the true original of Advowsons, and of our Parish Churches, Rectories, Glebes, Tithes, forementioned, proceeding only from the patron's bounty, not the Parishioners; and the opinion of all the former ages till now have had of the Justice, equity, and necessity of countenancing and continuing this their Right of Patronage, for the Churches, Ministers, and people's benefit, will disprove, refel the first part of this Objection. As for the mischiefs and incoveniences pretended to arise from Patronages and Advowsons, they are but mere false surmises for the most part; sufficiently presented by the Laws already made against simony and corrupt Contracts, and a vigilant care of Governors and Presbyteries, to admit none but able godly, orthodox persons into the Ministry capable of such cures, whereas the placing of the Right of Patronages and Presentations in the Parishioners or people would be far more prejudicial and mischievous; by causing factions and divisions in every Parish upon every vacancy about the choice of a new minister, yea sundry suits and contests between them, to the protracting of the vacancies, prevented by our single Patronages in one person or two, commonly of good quality and better able to judge and make choice of fitting Ministers than the people. And more especially must needs prove mischievous upon this consideration, that the generality of the Parishioners and people of most Parishes throughout England are so ignorant, vicious, irreligious, injudicious, profane, neglectful of God's public Ordinances, and enemies to all soul-searching, soulsaving Ministers who would seriously reprove and withdraw them from their sins and evil courses, that we may sooner find an hundred conscientious religious, godly Patrons careful to present, protect and encourage such Ministers th●n one such Parish wherein the generality and swaying part of the people are so well affected and qualified as such Patrons. And therefore this change and Translation of the future right of Presentation from the Patron to the Parishioners, is a remedy far worse than the pretended disease, and an introduction of a certain greater mischief to prevent a petty inconvenience. In few words, the design of the Jesuitical contrivers, and anabaptistical promoters of this Vote and project is, not to reform any real mischiefs in Advowsons or our present Patrons, but by Voting of them down, utterly to subvert and destroy our parochial Churches, Ministers, Rectories, Tithes Religion (yea our Universities and Schools of learning) by voting down Patronages first, whereon they have d●pendance. They all remember that ancient project and policy of their Tutor Satan, 
e Zech. 13. 7. Matt. 26. 31, 50. Mark 14. 27. 50. John 10 11, 12.  and his old Factors;* Smite the shepherds (first) and then the sheep will soon be scattered and devoured by these Wolves: And the readiest way to smite all the shepherds and Pastors of our Churches, is first to smite and Vote down all their Patrons at one sudden unexpected blow, without notice or hearing, and then both our Shepherds and Sheep will soon be smitten, scattered; devoured by these 
f Matth. 7. 15, 16.  ravenous Wolves in sheep's clothing, whose clear professed owned design is, to subvert, destroy our parochial Ministers, Congregations, Churches, Rectories, Glebes, Tithes, Revenues and Advowsons too, under pretext they are Popish, and Antichristian) and make them a prey and spoil to their malicious insatious appetites, as is clear by John Cannes second voice (against not from the Temple) and others speeches and petitions. To effect which atheistical plot with greater boldness and security, they make no bones nor conscience to subvert all our former laws and Statutes whatsoever for whose defence many of them say, they so long fought. This Canne doth in his Voice p. 2, &c. and in a later pamphlet (wherein he had some hand) said to be published by ALITHORITY in capitals, in the Title. Wherein he publicly and shamelessly, I might say TREASONABLY asserted, 
g Lilburn tried and cast. p. 39, 40, &c. 142. to 148, 154. and elsewhere.  that we have no Fundament●ll Laws and Liberties left us by our forefathers, that may not be altered: the State physicians of our time (who passed the Vote against patron's Rights, &c.) being neither bound up to MAGNA CHARTA NOR PETITION OF RIGHT. (nor Writs of RIGHT OF ADVOWSON, he might have added which his next words include) nor ANY OTHER precedents; but may lay aside either part or whole (as they see cause) and appoint something else, as more seasonable and proper to us, and as providence makes way for it. That to plead for such unalterable fundamental Laws, is nothingelse but to enslave the Nation, for by such a principle, people not only lose their Liberty▪ but are brought under such a kind of Tyranny out of whi●h (as being worse than the Egyptian Bondage) there is no hope of deliverance, &c. Adding, that every age and generation of men (to wit the prevailing party in present power) are left free and to themselves, both for the manner of Election and time of Parliaments: YEA AND TO LAY ASIDE ALL PARLIAMENTARY ways; AND CONSTITUTE SOME OTHER FORM OF GOVERNMENT, if they see it more conducing to the safety and good of the Common wealth. With many other such desperate passages, and a worse 
h p. 164.  conclusion against all Malefactors future Trials by Juries. which he prophesieth to be near an end, and shortly to be swallowed up by the Supreme authori●ity of the Nation. So as neither the Name nor thing, shall be any more in the commonwealth of England. Is not this to exceed Strafford and Canterbury in High Treason?  
To which monstrous passages I shall return these brief Answers.  
1. If we have no such fundamental unalterable laws and liberties, and those he mentions be ●ot such, than 
* S●e my sovereign power of Parliaments part 1, 2, 3. Mat Paris, Walsingham, Speed, Daniel, & others, in the lives of king John, Henry, 3 Edw. 1, 2, 3. Cooksinstitutes on Magna Charta th●gl●ssary, 25 E. 1. c. 1 &c. 28. E. 1. c. 1. Conservatio Chartarum.  all our ancestors were very injurious, unwise, inspending so much blood and treasure, and contesting for their violation, and new ratification of them in all former Parliaments, from King John's reign to this present.  
2. All our Parliaments in King Charles his reign were exceedingly overseen and mistaken, in contesting with him for these laws and liberties as fundamental; and the last of them all in excusable before God and man, for impeaching, condemning and beheading Laud and Strafford as arch-traitors to the King and kingdom, and guilty of high treason, 
* Canterbury's doom, p. 25. Straffords Articles and Bill of Attainder, Mr. St. John's Argument at Law at his Attainder.  for endeavouring traitorously to subvert the fundamental laws and government of the kingdom, &c. And their frequent excitations of the people in their public Declaration to defend our fundamental laws and liberties, with their lives and fortunes; and arming them against their lawful King and his adherents, and putting the Nation to such a prodigal expense of treasure and Christian blood, for so many years together, for the maintenance of our fundamental Laws, Liberties, Government and Parliament privileges, if there be no such laws▪ and things, or they so variable, arbitrary and changeable at every prevailing parties, and new States physicians pleasures.  
3. That our prudent ancestors reputed not our fundamental laws such mutable and repealable toys, as this ignoramus and other Innovators deem them. In the Parliament held at Merton An. 20. H. 3. cap. 9 All the Bishops instancing the Lords to give their consent (to alter the ancient Law of the Realm but in this particular) That all such as were born before marriage should be legitimate, as well as those that be born within Matrimony, as to the Succession of Inheritance, for that the Church accepteth such to be legitimate. Thereupon, ALL THE LORDS and BARONS with ONE voice, answered; That they would not change the Laws of the Realm, which hitherto have been used and approved. From which Statutes Sr. Edward Cook in his Second Institutes, (printed by Order of the Commons House) observes p. 97, 98. That the Nobility (yea G●ntry and People too) of England have ever had the Laws of England in great estimation and reverence, as their best birthright; and so have the Kings of England, as the principal royalty and right belonging to their Crown and dignity: which made that noble King Henry the first, surnamed Beau-clerk, to write thus to Pope Paschall. Be it known to your holiness, that whiles I live (through God's assistance) the dignities, laws, and customs of our Realm of England shall not be violated or diminished. And if I (which God forbid) should so greatly deject myself, as to attempt it, MY NOBLES and the whole PEOPLE of ENGLAND would by no means suffer it. And it is worthy observation (adds Cook) How dangerous it is to change an ancient maxim of the common Law: And it is a Note worthy of observation; That whereas at the holding of this Parliament, Anno 20 H. 3. and before and sometime after, many of the Judges and Justices of this Realm were of the Clergy, and all the great Officers of the Realm, as Lord Chancellor, Treasurer, Privy Seal, President, &c. were for the most part Clergy men, yet even in those times, the JUDGES of the REALM (and let those styled such, remember it, lest they prove Judases to the Law and Realm, and incur 
* See Walsingham, Speed, Gra●●on, Holinshed, Stow, Baker in 11. R. 2. and M. St. John's Speech against the shipmoney, Judges, worthy the present perusal of grandees of the long Robe.  Tresylians and his Complices doom for their treachery) both of the clergy and Laity, did constantly maintain the Laws of England, so as no encroachment was made upon them, nor breach unto them, by any foreign power, or upstart domestic Authority: Yea so zealously resolute were our noble ancestors in the defence of our fundamental Laws, Liberties, Royalties, against all violations, and alterations heretofore, that in the 
* Walsingham Hist. Ang. p. 54, 55. Fox Acts and Monum. Vol. 1. p. 445, 446. Speeds Hist. p. 657, 658. Cook 2. Institut. p. 98.  Parliament of Lincoln An. 28. E. all the Nobility of England (by assent of the whole Commonalty, writ and sent a most famous letter to Pope Boniface, sealed with the Seals of Arms of 104. Earls and Barons (whose names are recorded in Speeds history, for their eternal honour and others imitation in such cases) wherein they thus resolutely express themselves in their behalf. Ad observationem & defensionem libertatum, consuetudinum & Legum paternarum ex debito praestiti juramenti astringimur, quae manutenebimus toto posse, totisque viribus cum Dei auxilio Defendemus. Nec etiam permittimus aut aliquatenus permittemus, sicut nec possumus nec debemus, praemissa tam insolita ●am indebita, praejudicialia, & alias in audita (surely the recited passages of this Pamphettere are as bad nay worse them those they mention) Dominum nostrum Regem etiam si vellet facere, seu quomodo libet attemptare: Praecipue cum promissa cederent manifeste in Exhaeredationem Iuris Coronae Regni Angliae & Regiae Dignitatis, ac subversionem Status ejusdem Regni notoriam: Nec non in praejudicium libertatis, consuetudinum & legum paternarum. All which Nobles were as zealous in defence & maintenance of the Great Charter and other their laws and Liberties, that very year, and 25. Ed. 1. against the King's encroachment by Taxes, or otherwise, as against the Popes; which appears by 
n Walsingam Holinshed, Speed in 32 H. 5. 28 E. 1. and Ypodigma Newstriae Cook's 2. Instit. p. 225. to 280. Statutes at large.  our Historians, and the Statutes of 25. E. 1. c. 1. and 28 E. 3. c. 1. in both which they caused the great Charter of England and of the forest to be confirmed in all points, AS THE COMMON law OF THE LAND both by the King's Great Seal, and by new Acts of Parliament, enacting that all Judgements given by the Justices or any other Ministers that hold plea before them against the points of this Charter shall be undone and holden for nought. That this Charter shall be sent under the King's Seal, to all cathedral Churches throughout the Realm, there to remain, and that it shall be read before the people twice a year. That all Archbishops and Bishops shall pronounce Sentence of Excommunication twice a year against all those that BY word DEED OR counsel do CONTRARY TO THE FORESAID CHARTERS, or that IN ANY POINT BREAK OR UNDO THEM: who accordingly by a solemn form of Excommunication, did Exommunicate and accurse all those that in any point did resist or break these Charters and Ordinances; or IN ANY MANNER HEREAFTER procure counsel, or any way assent to, resist or break them; or go about it BY word OR DEED, OPENLY OR PRIVILY, BY ANY MANNER OF PRETEENCE OR color: and sequester and exclude them from the Body of our Lord Jesus Christ, and from all the company of heaven, and from all the Sacraments of Holy Church. Enacting further, that the Great Charters of the Liberties of England, should be delivered to every sheriff of England, under the King's Seal, to be read four times in the year, before the people in the full County, and firmly observed in every point. And that there should be chosen in every shire Court by the Commonalty of the same shire, three substantial Knights, or other lawful, wise, and well disposed persons, to be assigned Justices under the King's Great Seal, to hear and determine (without any writ but only their Commission) Such plaints as shall be made against all those that commit or offend against any point contained in the said Charters, in the Shires where they be assigned, as well within Franchises as without; and to hear the plaints from day to day, without any delay or delays which be at the Common Law; and to punish all such as shall be attainted of any trespass, contrary to any point of the aforesaid Charters (where remedy was not before at the Common Law) by Imprisonment, Fine or Ame●ciament, according to the trespass. Yea, the Parliament of 42 E. 3. c. 1. held these great Charters such unalterable fundamental Laws and privileges; that it not only enacts, they shall be holden and kept in all points; but further, IF ANY STATUTE BE MADE TO THE CONTRARY IT SHALL BE HOLDEN FOR NONE. Which Law continues yet unrepealed. Yea, the whole House of Lords & Commons, the last Parliament, were so zealous for the observation and perpetuation of Magna Charta, & the Petition of Right, as unalterable fundamental Laws, not to be repealed, neglected, altered, violated upon any pr●tence (being so just and absolutely necessary for the people's Liberty and safety, the (Supreme Law) that in their 
o Exact Collection, p. 22, 23. 309, 316.  Remonstrance to the late King, 15. Decemb. 1641. & in their Propositions sent to him afterwards, 2 June 1642▪ ●hey earnestly pressed the King, that for the better preservation of the Laws and people's Rights and Liberties ●rom Invasion and u●urpation on them; All Counselleu●s and public Officers of State, Judges, Justices, and sheriffs should be 
* A thing now quite forgotten and neglected.  specially sworn to the due Observation and Execution of the great Charter, the Petition of Right, and all other Laws that concern the Subjects in their Rights and Liberties: and that the Judges and Justices should be careful, and particularly Sworn, to give these Laws in Charge to the Grand jury at every assizes & Sessions, and likewise every Term in the King's Bench; and to make diligent enquiry of the breaches of them in any kind to be presented and punished according to Law: as the only means to make and preserve us a free and happy People. It seems a strange miracle therefore unto me, that any person should be so impudently presumptuous, as to deny these Laws, or any other, to be fundamental; to hold them alterable and repealable in part or in whole, at any prevailing Factions arbitrary pleasure, and to publish it by Authority; after so many bloody, costly, old and new contests for their Defence and Perpetuity; when as all expected, rather such oaths and ways as these forecited, for their future establishment: And so much the rather, because the late New-nodellers of our State, and the greatest swaying Grandees amongst us in their printed Declaration 17 March 1648. Expressing the grounds of their late Proceedings against the King; and of settling the present Government in the way of a Free State, without King or House of Lords; have given this high Encomium of our Laws and Engagement for their inviolable continuance, p. 23, 24, 25. That they are GOOD and EXCELLENT LAWS, enjoyed by our ancestors long before the Conquest, and have ever since continued in all former Changes without abrogation, as the badges of our Freedom. That our ancestors spent much of their blood to have them confirmed by the great Charter of our Liberties: and being duly executed, are the most just, free, and equal of any other Laws in the world. That the Liberty, Property and Peace of the Subject are most fully preserved by them. That they known their own particular Interests, and that they most intended, the common Interest of those they served, was not possible to be preserved without these Laws: which if they should be taken away, all industry must cease, All Misery, blood and Confusion would follow; and greater Calamities (if possible) than any fallen upon us by the late King's misgovernment, would certainly involve all persons, under which they must inevitably perish. Whereupon they thus conclude. These arguments are sufficient to persuade ALL MEN (but not this Pamphleter 
p In ●●heir scurrilous, alsurd, lying pregn●stications; full of railings against our Laws, as well as Ministers & Tithes.  Culpeper, lily, with other Jesuitical, and anabaptistical Furies against our laws) to be CONTENTED TO SUBMIT THEIR LIVES and FORTUNES TO THESE JUST and LONG APPROVED RULES OF LAW, with which they are already so fully acquainted: and NOT TO BELIEVE, THAT THE PARLIAMENT (so they style themselves) INTENDS THE ABROGATION OF THEM; BUT TO CONTINUE AND MAINTAIN THE laws OF THE NATION: especially THAT MOST EXCELLENT law OF THE PETITION OF RIGHT. The violation of which, they there charge against the King, as one principle crime for which they proceeded capitally against him and abolished Kingly Government; as not governing the people in righteousness ACCORDING TO THE law, but imprisoning them, and imposing Taxes and Impositions on them contrary to Law, without full and free consent by Act of Parliament, and taking away the Subjects lives by martial Law, without lawful trial by their Peers and Juries. All which things had Canne considered, he would have blushed to have published such Treasonable Passages against our fundamental laws, and Liberties, which he understands not. Whose Excellency, Utility and Necessity, are so largely set forth of old, by Bracton, Britton, Glanvil, Horn, Fortescue de Laudibus Legum Angliae, Sir Thomas Smith in his commonwealth, St. Germin Sir John Davis in his Irish Reports Preface, and Sir Edward Cook in his Reports and Institutes, that I need not add thereunto any panegyric in their behalf.  
4. It is recorded by 
* Annalium pars posterior p. 609. Seldeni Notae ad Eadmerum p. 189. 190. Lamb. Archaion. f. 138.  Roger H●veden and others. That when William the conqueror (as we style them) in the 4. year of his reign, by the council of his Barons caused all the ancient Laws and customs of the Realm formerly used to be presented to him upon Oath (by an Inquest of twelve of the Noblest, ablest and learnedest men in the laws summoned out of every County) without any addition, diminution, alteration, or prevarication; upon perusal of them, he commanded the Law of the Danes in case of Amerciaments and forfeitures (used in Norfolk, Suffolk and Cambridgeshire, differing in some circumstances from that of the Saxons, used in other Counties) to be used throughout the Realm, because it was the Law of the Norwegians from whom he and his Normans were descended. But so zealous were our Ancestors in that age, even under the pretended foreign conqueror, for their ancient settled known, just, and honest laws, that they would not permit the least alteration in them upon any terms, and never ceased importuning the King, till he condescended to ratify and establish their ancient Laws (so long enjoyed) without any alteration, which 
* p. 608.  Hoveden thus expresseth. Quo audito mox universi Compatriotae, qui Leges edixerant, tristes effecti, UNANIMITER DEPRECATI SUNT, quatenus permitteret Leges sibi proprias & consuetudines antiquas habere. In quibus vixerunt Patres, & ipsi in eis nati & nutriti sunt. Quia durum valde sibi foret suscipere leges ignotas, & judicare de eis quas nesciebant. Rege verò ad flectendam ingrato existente, tandem eum Prosecuti sunt, deprecantes, quatenus pro anima REGIS EDWARDI qui ei post diem suum concesserat Coronam & Regnum, & CUJUS ERANT LEGES, nec aliorum extraneorum COGERET, QUAM SUB LEGIBUS PERSEVERARE PATR●S. Unde consilio habito Precatui Baronum tandem acquievit. Ex illa vero die, visa autoritate, veneratae Peruniversam angliam, Corroboratae & observatae sunt prae caeteris patriae legibus LEGES EDWARDI REGIS, quae prius inventae & constitutae erant in tempore EADGARI avisui. Confirmata verò, vocata est LEX EDWARDI REGIS: Non quia ipse invenisset eam primus; sed cum praeter missa fuisset & oblivioni penitus data, à diebus avisui EADGARI, qui prius inventor ejus esse dicitur, usque ad sua tempora; EDWARDUS quia justa & honesta erat à profunda abysso abstraxit, & eam revocavit, & ut suam observandam tradidit. For the inviolable observation of which ancient laws, our ancestors ever since this King William's reign till now have obliged all our Kings, by a special clause in their Coronation oaths 
* Totles' Mag. Charta f. 164. Exact Collection p. 268, 290, 291. 706, to 716 The first part of my sovereign Power of Parliaments, p. 51. to 71.  To confirm by Oath, grant and keep to the People of England the Laws and customs granted to the Commons of England, by ancient just and devout Kings to God; & praesertim, &c. And specially the Laws and customs and liberties granted to the Clergy and People by (this) glorious King Edward. Whose eight very first laws confirmed by the Conqueror are for the inviolable preservation of the Goods, Possessions, Lands, Globes, Rights, privileges, Peace, fabrics, Tithes of the Church, Ministers, scholars, and Parochial Church assemblies; which some now make their masterpiece eternally to repeal, subvert, plunder, after all our late wars Protestations, Declarations, Vows, Covenants, for the inviolable preservation of them, and of our ancient fundamental Laws, customs, liberties, which this Pampheter so slights; and other upstart Legifers (without the people's full and free consent in Parliament) endeavour to alter and new model at their pleasures, quojure, or qua injuri●, let Straffords and Canterbu●ies late Impeachments, 
* Rom. 2. 8. And thinkest thou this O man, that judgest them who do such things, and dost the same that thou shalt escape the judgment of God?  judgements, with Mr. St. John's Argument, and Mr. Brown's at their Impeachments resolve; since none of our Kings durst attempt so great a change in any age, nor yet this Norman Conqueror, as we style him. Yea our great King Henry the 4. though he came to the Crown by the sword, in nature of a conqueror; And the Lords and Commons in his first Parliament granted him as great and large Royal liberty and Prerogatives, as any of his Royal Predecessors before him had; yet in that very Parliament (Rot. Parl. n. 8. and Plac. Coronoe in Parliamento. 1. H. 4. n. 17.) he declared and granted out of his royal Grace and tender Conscience in full Parliament, that it was not his intent nor will to alter the Laws, Statutes, nor good Customs of the Realm, nor to take other advantage of them, but to do RIGHT to all people, in mercy and truth, according to his Oath: The Realm being formerly in danger to be undone for want of good Government, and by Repealing and breaking the Laws and customs of the Realm by King Richard the second. And that it was his will, that none should imagine, that by way of Conquest, he would disinherit any one of his Heritage, Franchise or other right, which he ought to have: nor deprive (or out) any man of that he had or aught to have, by the good laws and customs of the Realm (three traitors lands there specified only excepted) being guilty of all the evil which had happened to the Realm. A precedent worthy all other pretended Kings, conquerors, and Grandees imitation, in this or succeeding ages.  
5. I shall close up all with the express resolution of the wise and most judicious whole Parliament of England (more to be credited than this Pamphleter) In this notable Passage of the Printed Statute of 1. Jacobi c. 2. wherein they declare, we have both fundamental laws, Liberties, and customs, and what sad consequences will ensue upon this scribblers Doctrine and practice for their alteration, which I beseech all real Politicians, wise Statesmen, Lawyers, and Lovers of their country's Weal, Safety, Settlement, seriously to ponder.  
Whereas His most Excellent Majesty hath been pleased OUT OF HIS GREAT wisdom and JUDGEMENT, not only to represent unto us, &c. but also hath vouchsafed to express unto us many ways, how far it is, AND EVER SHALL BE, from his royal, sincere CARE and Affection to the Subjects of England, to alter or innovate the fundamental (mark the word) and ancient Laws, privileges and good customs of this kingdom: whereby not only his Regal authority, but the people's security of Lands, livings, and privileges (both in general and particular) are preserved and maintained. And 
* See the selfsame expressions in King Charles Declaration, December 21. 1641. Exact Collection, p. 28, 29. The Law is the Inheritance of every Subject, and the only security he can have for his Life, Liberty, or Estate: and the which being neglected, or disesteemed (under what specious shows soever) a very great measure of Infelicity, if not irreparable confusion, must without all doubt fall upon them. And we doubt not it will be the most acceptable Declaration a King can make to his Subjects, that for our parts we are resolved, not only duly to observe ourselves, but to maintain them against what Opposition soever, though with the hazard of our being.  by the abolishing or alteration of the which, it is impossible but that present Confusion will fall upon the whole STATE and FRAME of this kingdom. His majesty's humble, loving and faithful Subjects, have not only conceived The Weight of His majesty's Reasons, but apprehend to their unspeakable Joy and Comfort, his plain, clear, and gracious intention to Seek no other Changes or Alteration, but of such particular, temporary, and indifferent manner of Statutes, and customs (here put in contradistinction to fundamental, general and perpetual) as may prevent and extinguish all and every future questions, &c. The Lord grant that these new Projectors and Pamphletors endeavoured Changes and real Alterations of our fundamental, ancient, standing laws, privileges customs, government in relation, both to our Church and Realm, may not bring such present confusion upon the whole State and frame of both, and destroy this only security, preservation and Maintenance of this Nations, people's Lands, liberties, privileges, Lives, both in general, and particular, and all our Patronages, Churches, Ministers, Rectories, and Religion too, which too many public Enemies hope for and design.  Seneca in Medea. Qui aliquid statuerit parte inaudita altera, licet rectè statuerit haud aeqws EST judex.  

A Postscript.  
CHristian Reader, 
a Exod. 35. 4. to 30. c. 36. 3 to 10. 1 Chron. 22. throughout. c. 26. 26, 27, 28 c. 28. & 29. 2 Chron. c. 2. to c. 8. c. 24. 4. to 17. c. 27. 3. c. 29 3. to 21. c. 34. 8. to 15. 2 King's 12. 4. to 7. Ezra and Neh, throughout. Isa. c. 1, & 2, Zech. 8 9, 10  when I seriously consider the extraordinary zeal, forwardness and bountiful liberality of devout and holy Moses, David, Solomon, Joash, Jotham, Hezekiah, Josiah, Ezra, Nehemiah, and all God's people under them, in contributing towards the building, maintaining repairing the Tabernacle, Temple, Houses, Synagogues of God's public worship, and furnishing them with all necessary ornaments and utensils: their care in providing 
b Josh. 21. 2. 2 Chron. 6. 64. and c. 9 10. to 35. c. 31. 3. to 16. Neh. 10. 32. to the end. c. 13. 10. to 15.  liberal maintenance, encouragement, rewards for God's faithful Priests and ministers; their transcendent 
c Psal. 5. 7. Psal. 23. 6. Psal. 26. 8. and 27. 4. Psal. 42. 1, 2, 4. Psal. 36. 8. Psal. 52. 8. Psal. 55. 14. Psal. 84. 1, 2, 3, 4, 10, 11. Psal. 100 4. Ps. 116. 19 Psal. 118. 26. Psal. 122. Psal. 132. to 9 Psal. 135. 2. Luke 2. 27. 37.  ardent Love, affectionate longing, hungry, thirsty, earnest, panting desires after God, and all his public Ordinances in his own House & Temple; with their cheerfulness, joyfulness, pains, diligence in frequenting them therein, without the least separation from them; expressed in the marginal Texts. Together with the exceeding Bounty, Munificence, zeal, of 
d Ezra. 1. throughout. c. 5. 13, 14, 15, 16. c. 6. 1. to 16. c. 7. 11. to 28. c. 8. 24. 25, &c. 33, 34, 35. Isa. 44. 28. c. 45. 13.  Cyrus, Darius, Artaxe●xes, and their Nobles, (though mere heathens) in repairing God's Temple & maintaining his public worship therein, expressed in their memorable Decrees. And when I further meditate upon the prophecies of Isa. 2. 1, 2, c 56. 6, 7. Mich. 4. 1, 2, 3. relating to the times of the Gospel, predicting, that under it, All nations shall flow & repair by great Troops to the Mountain and House of the Lord; and thus call earnestly one to another: COME and letus GO up TO THE house OF THE GOD OF JACOB; For we will walk in his ways, and ●e will teach us his paths; and we will love the Name of the Lord, and b● his servants; who hath promised, TO MAKE THEM joyful IN HIS HOUSE OF PRAYER: Upon the subsequent precedents of Christ and his Apostles (recorded in the 
e John 7. 14, 28. c. 8. 2. 20. c. 18. 20. Luke 20. 1. chap. 24. 3, 5 Matth. 26. 55. Acts 2. 46, 47. c. 31, &c. c. 5. 42. c. 9 20. c. 13. 10. 14 44. c. 14. 1. c. 17. 10 c. 18. 4. 19 26. c. 19 8. Mark 1, 21, 39 Luke 4. 15, 16, &c. c. 13. 10. Matth. 12. 9  New Testament, for our imitation) who repaired to and preached DAILY IN THE public TEMPLE and SYNAGOGUES OF THE JEWS; and of all the zealous Primitive Believers, Christians, People, who resorted and flocked by Troops EARLY EVERY DAY to the Temple and Synagogues to hear them preach and pray: CONTINUING daily WITH ONE ACCORD IN THE TEMPLE, there participating of all God's public Ordinances in common, without schism, or Separation from the public Assemblies therein. And when I further ponder the eminent Liberality, Piety, Devotion of our ancient Christian Predecessors, both 
f See Spelman Concilia & Epist. Ded. Dr. Vsher de Ecclesiarum Brit. Primordiis.  Britons and Saxons, in erecting magnificent Churches in all places throughout our Island; (not out of vainglory or superstition, but a pious 
g 1 Chron. 22 5. c, 29, 1.  contemplation of the greatness of God, for whose honour and service they built them) in endowing them with competent Glebes, Rectories, Tithes, Revenues, for the Maintenance of Ministers; and their assiduous care, zeal in flocking about the Ministers of Christ, to hear God's Word when and wheresoever they came amongst them; thus recorded by our venerable 
h Eccles. Hist. Gentis Angll. 3. c. 26, & l. 4. c. 27.  Beda: Erat quippe moris, &c. It was the manner and custom of the people of England in that age, (to wit eight hundred years since and before) when ever a Presbyter or Minister came into any Country-Town or village, TO FLOCK and GATHER TOGETHER ABOUT HIM IN ONE, and to make it THEIR CARE and DESIRE, to hear the word of God from his mouth, gathering together about him for that purpose IN GREAT MULTITUDES to hear what he should speak unto them; and MORE WILLINGLY FOLLOWING and DOING THE THINGS THEY HEARD and UNDERSTOOD. And then compare these premises with the quite contrary practice of many pretended Sacrilegious Christians, and anabaptistical, Sectarian, Jesuitical (and I fear atheistical) Saints in our degenerated times, who repute it the prime part, the chief character of their Piety and Saintship, to declaim against all our Churches, Temples, dedicated to God's Worship; as Antichristian, Popish, Heathenish, Idolatrous, profane Steeple-houses, &c. Saying one to another like the Madianitish impious, Pagan Princes, and their plundering Armies of old, 
i Ps. 83. 12.  Let us take to ourselves, the houses of God in possession: or like the Barbarian, Edomites, of ancient times, crying out against them, and our Ministers Rectories too, (in their very words which John Canne takes up in his profane 
k Epistle Dedicatory, and p. 2. 29.  voice, not from, but against the Temple) raze them, raze them, even to the Foundations; leave not one stone of them upon a stone unthrown down; for if THEY WERE RASED TO THE GROUND IT WOULD DO WELL; and would presently effect it, were their power answerable to their malice; and withal making it their principal work wholly to separate and withdraw all persons they can from our godly Ministers, & all God's public Ordinances in our Churches, as Antichristian, Popish, Superstitious, Impious, displeasing unto God, &c. I cannot but stand amazed at this strange apostasy of theirs from the zeal and practice of all these Godly Saints both under the Law and Gospel; yea of Christ himself and his Apostles; as a sad forerunner of some severe sweeping Judgement of God, ready to seize upon us to our utter desolation, if not prevented by sincere repentance, or suppression of such unnatural Harpies, Vipers; and as a most desperate Design of the Jesuits, to demolish our Churches, destroy our Protestant Congregations and (so our Religion, throughout England, a● they burned, demolished, suppressed, destroyed the Protestants Churches and public Assemblies of 
l Jubilaeum sive Speculum, Jesuiticum, p. 117. 132, 144 145, 175, 176. 185. Meteranus Hist. l. 27.  late years (viz. Anno 1606. 1614 1628. and 1639.) in Cracovia, and Posnania in Poland, in the dukedoms of Clive, Juliers', Bergen, Newburg, in Vilna in Lituania; and since that in Austria and Bohemia. Whereupon all true Saints and Ministers of God have justcause, to pray and complain to God against them, in the old church's Lamentation and words against her open, professed Pagan Enemies, Psal. 74. 1. to 12. O God why hast thou cast us off, &c. Lift up thy feet unto the perpetual desolations, even all that the ENEMY HATH DONE WICKEDLY IN THE SANCTUARY. Thy Enemies roar in the midst of the Congregations, they set up their ensigns for signs. A man was famous according as he lifted up axes upon the thick Trees. But now they break down all the carved work thereof with axes and hammers: they have cast fire into thy Sanctuary; they have defiled the dwelling place of thy name, and CAST IT DOWN TO THE GROUND. They say in their hearts, Let us destroy them together; THEY HAVE BURNT UP ALL THE SYNAGOGUES OF GOD IN THE LAND. We see not our signs, there is no more ANY PROPHET, neither is there any amongst us that knoweth, How long. O God, how long shall the adversary reproach? Shall the enemy blaspheme thy name for ever? Remember this, that the enemy hath reproached thee O Lord, and that the foolish people have blasphemed thy name. Have respect to thy Covenant, for the dark places of the earth are full of the Habitations of CRUELTY. O let not the oppressed return ashamed, let the poor and needy praise thy name. Arise O Lord, PLEAD THINE OWN CAUSE, remember how the foolish man reproacheth thee daily. Forget not the VOICE OF THINE ENEMIES (John Cannes VOICE, not from but against THY TEMPLE, MINISTERS, TITHES) the tumult of those That rise up against thee, increaseth continually.  
It was the practice of none but malicious Heathens, and professed enemies of God and his Church, to invade his Inheritance, and Destroy, Defile, Pillage his House and Temples, Psal. 79. 1. &c. 2 Chron. 26. 18, 19 2 King's 29. 5. to 18. which caused this sad Lamentation and Complaint in God's Prophets and people, Isa. 64. 11, 12. Our holy and beautiful House where our Fathers praised thee, is burnt with fire, and all our pleasant things are laid wast. Wilt thou refrain thyself for these things O Lord? Wilt thou hold thy peace and afflict us very sore? And can it be then a matter of joy and act of piety in John Canne and his New Saints, to see God's ancient and beautiful houses erected by our Ancestors, wherein our Fathers praised God, quite leveled to the ground, and no more Assemblies kept in them?  
It is recorded by all 
m Eusebius, Socrates Sch●lasticus, Theodoret, Niceph●rus, Fox, Acts and Monu-Eutropius, Grimston and others, in their Lives and Histories of their Persecutions.  ecclesiastical Historians, as an act of highest impiety, wickedness, persecution in Dioclesian, Licinius, and other persecuting Pagan Emperors and Apostates from Christianity; that they endeavoured to destroy all the Churches and Temples of the Christians, and razed divers of them to the ground, to the end they should not assemble publicly in them to pray, hear or worship God in his sacred Ordinances: and can it then be now an act of eminent Piety, Zeal, righteousness, Christianity, and no persecution, wickedness, apostasy at all in Canne, or his Anabaptistical, Jesuited Saints, to attempt, persuade the subversion of all our Churches, and sacrilegious rapine of all their Tithes, Revenues, of purpose to suppress all parochial Assemblies, Ministers, and praying, preaching in them, for the future? Surely I doubt the same satanical, Antichristian Spirit which possessed these Persecutors, and Apostates heretofore, is transmigrated by succession into Canne and his Apostate Confederates against our Churches and Ministers now; which I wish them sadly to consider in due season, that they may be dispossessed of it, ere it lead them past recovery into everlasting perdition, or to professed apostasy and Enmity against Christ, as it did Licinius and Julian heretofore.  
As for those Colonels and Army-Officers, who are active in promoting any such design as this, by their armed power; let them remember, that it is recorded in the 
n Luke 7. 2. to 10.  Gospel of that Eminent Centurion or Colonel, whose faith Christ commended to be greater than any he had found in Israel; how the Elders of the Jews gave him this special Encomium to Christ himself, as a person WORTHY to find favour from him, THAT HE HAD BUILT THEM A SYNAGOGUE, or Church to serve God in: And therefore it must needs be an unsouldierly, impious practice in them, to pull down those ancient Synagogues, Churches which others have built for God's public worship, instead of repairing them, or building new where wanting, or demolished by wars, or other casualties.  
And to stop the Jesuits mouths, (the original contrivers, and secret fomenters of the present plots against our Church fabrics, Endowments, Revenues, and patron's Rights) I shall recommend unto them this resolution of 
o M●ralium quaestu●num de Casibus Conscientiae.  Vincent. Filiucius (their fellow Jesuit transcribed, approved by Alphonsus de Vargas, a Spanish Papist, yet Anti-jesuit) in his notable Treatise entitled, Relatio ad Reges & Principes Christianos, de Stratagematis, & sophismatis Politicis Societatis Jesu, ad MONARCHIAM ORBIS TERRARUM sibi conficienda, c. 41, 42, 49. wherewith I shall countermine them, Po●●ifex & Caesar (& by like reason all other Princes, Potentates, States) tam ex officio, quam quasi ex contractu cum iis (fundatoribus) qui bona Ecclesiae reliquerunt OBLIGATUS EST LEGE DIVINA ET NATURALI, ●am illis, qu●m iis in quorum emolumentum relicta sunt, NON ALIENARE: adeo ut, si contrarium fiat, INJURIA FIAT FUNDATORIBUS QUORUM VOLUNTATE LEGITIMA ET RATIONABILI NON STATUR: L●ditur utilitas publica, Cultusque Religionis: fiat INJURIA Religiosorum successoribus: quae tanto major est, si praeter jacturam bonorum fortunae, famae quoque periculum adsit: quod tunc accidit, quando bona ita SINE CAUSA AUFERUNTUR, ut detur aliis probabilis suspicandi occasio, factum id esse, vel propter ignorantiam, inscitiam, inertiam, vel propter vitam flagitiosam Successorum. Itaque tenetur EX JUSITIA REPARARE id quod interest, tam in fama & existimatione, quam in bonis temporalibus. Caesar vi quidem Juramenti sui, & QVIA EST SUPREMVS ecclesiarum ADVOCATVS ET DEFENSOR, obligatur & cogitur, JURA AC BONA VETERUM ECCLESIARUM TUERI & AB HOSTIBUS RECUPERARE.  
The Right of Patronage of Founders and Endowers of Churches, to nominate, present or collate Incumbents, and convenient Ministers to them upon every Vacancy, is as ancient as Parish Churches themselves; and confirmed by the Cano●s of Councils, Popes Decrees, imperial and regal Constitutions ever since, as is evident by Concilium Arausicanum, Ann, 441. cap. 10. The 
p Gratian. Caus. 16. qu. 7 See John Thierye and the Glosses thereon  Decrees of Pope Gelasius, about the year 493. the fourth Council of Aurelia, an. 547. Can. 7. The Constitution of Justinian the Emperor, about ann. 550. Novel. 123. Si quis Oratorium extruxerit, volueritque in eo promovere Clericos vel IPSE vel HAEREDES EJUS, si sumptus ipsi Clericis administrent (as every Founder was to endow the Church with a competent Glebe, Tithe, and Revenue, before it was to be consecratd, and to deliver a special Charter of the DOWRY and subjection thereof to the Bishop of the diocese, before its consecration, by the Decrees of the second Council of ●racara Can. 5. Concil. Aurelian. 4. Can. 33. Gregory Epist. l. 12. c. 10. and other Decrees cited by Gratian. Caus. 16. qu. 7.) & dignos NOMINARINT, nominati ordinantur, &c. The 
q Gratian ib. Surius Concil. Tom. 2. Centur. Magd. 6. Col. 607.  fourth Council of Toledo, which decrees, Decernimus ut quamdiu FUNDATORES ECCLESIARUM in hac vita superstites fuerint, pro iisdem locis curam habeant solicitam; atque Rectores idoneos in eisdem Basilicis iidem ipsi Episcopo offerant ordinandos. Quod si SPRETIS EISDEM FUNDATORIBUS Rectores ibidem praesumpserit ordinare Episcopus, & ordinationem suam IRRITAM NOVERIT, & ad verecundiam sui alios in eorum loco (QUOS I P S I FUNDATORES CONDIGNOS ELEGERINT) ORDINARI. The 
r Gratian Ca●s. 16. qu. 2. Surius Concil. Tom. 2.  ninth Cuncil of Toledo about the year 660. Can. 1, 2. which Decrees; that Founders of Churches during life, shall present fit Rectors to them, to be ordained by the Bishop; which Right descended to their Heirs also after their death; who were to provide, that neither the Incumbents, nor Bishops should deprive the Church of her Dowry. Filiis vel Nepotibus ac honestioribus propinquis ejus qui construxit vel ditavit (it should be dotavit) Ecclesiam, licitum sit have habere solertiam, ut si Sacerdotem, aliquid ex collatis rebus desraudare praeviderint, aut honesta conventione compescant, aut Episcopo, vel Judici corrigenda denuncient. Quod si talia Episcopus agere tentet, Metropolitano haec insinuare procurent. Si autem Metropolitanus talia gerat, Regis haec auribus intimare non differant. Ipsis tamen Haeredibus in iisdem rebus non liceat quasi pr●prii Juris potestatem praeferre, non rapinam & fraudem ingerere, non violentiam quamcunque praesumere; sed hoc solum in salutarem solicitudinem adhihere, quod aut nullam operatio noxam nocens attingat, aut mulctam vel aliquam partem salutaris mercedis assumat. The 
s Gratian. Caus. 16. qu. 7.  Synod of Rome, which decreed Monasterium; (vel Oratorium) canonicè constructum A DOMINIO CONSTRUCTORIS EO INVITO NON AU●ERATUR, liceatque illi Presbytero CUI VOLUERIT pro sacro officio illius Di●cesis, cum consensu Episcopi (ne malus existat) COMMENDARE. The 
t Gratian ibid.  Decrees of Pope Gregory. Rationis ordo non patitur, ut Monasterium vel Ecclesias CONTRA VOLUNTATEM FUNDATORUM, ab eorum dispositione, ad arbitrium suum quis debeat vendicare: whose Heirs, and Coheirs ought to enjoy the Patronage of them, as he determines Capitula Caroli & Ludovici Imperatorum (colected by Ansegisus & Benedictus Levita) about the year 800. l. 5. c. 1. 82, 83, 178. l. 7. c. 2 13. Ludovici Imperatoris ad Capit. Additio 3. c. 25. Addit. 4. c. 36. Legis Longobardorum. l. 3. Tit. 1. c. 44. The Council of Paris ann. 829. l. 1. c. 22. The Councils of Friburg, Mentz, and Cavailon, cited by 
u Causa 16. qu. 17.  Gratian. The Council of Lateran under Alexander the third. cap. 13, 14, 17. & Appendix ad idem Concil. p. 15. c. 7. Extravag. de Jure Patronatus c. 4. 10, 11. & de Institutione c. 3. Concil. Arelatense sub Car. Mag. c. 4. Turonense 3. sub eodem c. 15. Cabilonense sub eodem c. 42. Meldense c. 51, 52. Wormatiense c. 8. with sundry other Decrees, Laws, Councils of later times, confirming patron's Rights cited in Grat. Causa 16. q. 11. Caus. 17. Bochel. Decret. Eccl▪ Gallicanae. l 8. Tit. 12, 13, 14. By some of which it is evident, 
X See Mr. Selden's History of Tithes, p. 393, 394. 82. to 88  that Patrons of ancient times, did present their Clerks to the Churches which they founded and their Heirs after them, and invest them freely in them, without the Bishop's privity; accept of refignations from their Incumbents, & deprive them upon sufficient cause, till restrained by the Decrees of Councils, Popes, and Prince's Edicts; & that Advowsons, or Rights of Patronage descended to Heirs, Coheris and coparceners; who if they agreed not to present, the Bishop might either shut up the Church doors, or put in a Clerk to supply the cure, till they presented an Incumbent by joint consent, that so the Church by presentation of their several Clerks to it at once, might not be divided into many Fragments, Churches, and so made incompetent: And in France, 
y Mr. Selden's History of Tithes, p. 394.  Patrons and Founders of Churches, had Droicts Honorifiques allowed them, as Precedence; Seats and the like. It is therefore great injustice to deprive them of their Rights and interests in their Patronages now, so long continued, enjoyed in all revolutions of public affairs & highest impiety to destroy our church's fabrics, or pervert them, their ornaments, Dowries, Glebes, materials, to profane or other uses, contrary to the Founders pious intentions, and the very 
z See Hugo Grotius de jure belli, l. 3. c. 5. Sect. 3. c. 12. sect. 6, 7, 8. & Annotata.  laws of war itself, which preserve Churches from violence and Rapine, even in an enemy's country; which even barbarous pagan enemies have reputed sacred, and exempted from spoil, or devastation, though some Anabaptistical Saints would defile, destroy, devour them now. But let them remember this Gospel Text (relating to material as well as spiritual Temples) 1 Cor. 3. 17. If any man defile (or destroy) the Temple of God, him will God destroy: for the 
a Psal. 5. 7. Psal. 11. 4. Psal. 65. 4. Psal. 79. 1. Psal. 138. 2. Jonah 2. 7. Mic. 1, 2. Hab. 2. 20.  Temple of God is holy.  
FINIS.   

Errata.  
COurteous Reader, I shall desire thee before, or as thou readest this Plea, to correct with thy pen these ensuing Presse-Errors, mistakes, which the author's remoteness from the press, and the Printers negligence and unskilfulness in Law Terms have occasioned, many of which quite vitiate the sense, and falsify the Authors true quotations.  
Fol. 8. l. 14. in the margin r. Cook Page 16. l. 14. r. 113 9 p. 17. l. 7. r. Titles. p. 22. 2. Chron. 33. 3. r. 23. 3. p. 18. l. 2. r. plenarly. l. 3. r. cases. l. 9 r. plevarly. p. 18. in the margin r. Angelica. l. 19 r. double value of. l. 20. r. presented to by Simony. l. 38. r. produced pro & contra. p. 19 l. 14. in the margin, r. 825. l. 23. r. 356. l. 26. in the margin dele 21. l. 27. r. 39 H. 6. 20, 21, 26. p. 20 l. 10. r. should there come. p. 20. l. 1. in the margin, r. West 2. c. 5. r. 21. l. 11. r. Ordinary alone in case he refuse the patron's Clerk without cause; or against the Ordinary, &c. p. 22. l. 15. r. who recovers. p. 23. l. 2. r. quartae. l. 6. in the margin, r. 4 E. l. 13. r 365. p. 23. 24. r. and the Common Law. p. 25. l. 3. r. redoubted. p. 27. l. 31. r. prevented. p. 29. whip, r. which. p. 31. l 32. r. now styled. l. 32. 28 E. r. 1. all. p. 32. l. 8. in the margin, 225. 525. to 280: r. 580. r, 22. l. 17. r. c. 1, 2, 3.