CHAP. 24. A Quod permittat and Juris utrum for a Parson of a Church, &c. 1285. In cases where a writ is granted out of the chancery for the fact of another, A writ of nuthe plaintiff henceforth shall not depart from the King's court without sance. remedy, because the land is transferred from one to another. And in the register of the chancery there is no special writ found in this case, as of a house, a wall, a market, but the writ is granted against him that levied the nusance. And if the house, wall, or such like, be aliened to another, the writ shall not be denied; but henceforth, where in one case a writ is granted, in like case, when like remedy falls, the writ shall be made as has been used before : Questus est nobis A. quod D. injustè, &c. levavit domum, murum, mercatum, et alia quæ sunt ad nocumentum, &c. And if such things levied be aliened from one to another, the writ shall be thus : Questus est nobis A. quod B. et C. levaverunt, &c. 2. In like manner as a parson of a church may recover common of pasture Quod permittat. by writ of novel disseisin, likewise henceforth his successor shall have a quod permittat against the disseisor or his heir, though a like writ was never granted out of the chancery before. And in like manner as a writ is granted to try whether land be the free-alms of such a church, or the lay-fee of such a man, even so henceforth a writ shall be made to try whether it be the free-alms of this church or of another church, in case where the free-alms of one church is transferred to the possession of another church. And whensoever henceforth it shall fortune in the chancery, that in one case a writ is found, and in like case falling under like law, and requiring like remedy, is found none, the clerks of the chancery shall agree in making the writ; or the plaintiffs may adjourn it until the next parliament, and let the cases be written in which they cannot agree, and let them refer themselves until the next parliament, by consent of men learned in the law, a writ shall be made, lest it might happen after that the court should long time fail to minister justice unto complainants. CHAP. 33. Lands, where Crosses be set, shall be forfeited as Lands aliened in Mortmain. FORASMUCH as many tenants set up crosses, or cause to be set up in their lands, in prejudice of their lords, that tenants should defend themselves against the chief lords of the fee, by the privileges of Templars and Hospitallers; it is ordained, that such lands shall be forfeited to the chief lords, or to the King, in the same manner as is provided for lands aliened in mortmain. CHAP. 41. A contra Formam Collationis, and a Cessavit, to recover Lands given in Alms. OUR Lord the King has ordained, that if abbots, priors, keepers of hospitals, and other religious houses, founded by him or by his progenitors, do from henceforth alien the lands given to their houses by him or by his progenitors; the lands shall be taken into the King's hands, and holden at his will, and the purchaser shall lose his recovery, as well of the lands as of the money that he paid. And if the house were founded by an earl, baron, or other persons, for the lands so aliened, he from whom, or from whose ancestor the land so aliened was given, shall have a writ to recover the same land in demesne, which is this: 2. Præcipe tali abbati, quod justè, &c. reddat G. F. tale tenementum quod eidem Contra formam domui collatum fuit in liberam eleemosynam per predictum G. vel antecessores suos, collationis. et quod ad predictum G. reverti debet per alienationem quam prædictus abbas fecit de prædicto tenemento, contra formam collationis prædictæ, ut dicit. 3. In the like manner for lands given for the maintenance of a chantry, or of light in a church or chapel, or other alms to be maintained, if the land given be aliened. But if the land so given for a chantry, light, sustenance of poor people, or other alms to be maintained or done, be not aliened, but such alms be withdrawn by the space of two years, an action shall lie for the donor A 2 ог 1285. Cases wherein the King's prohibition does not lie. Tithes and offer ing. Mortuaries. 1296. or his heir, to demand the land so given in demesne, as it is ordained in the statute of Gloucester for lands leased to do, or to render the fourth part of the value of the land, or more. CHAP. 43. Hospitallers and Templars shall draw no Man into suit, &c. Be it prohibited henceforth to Hospitallers and Templars, that hereafter they bring no man in plea before the keepers of their privileges for any matter, the knowledge whereof belongs to the King's court: which if they do, first, they shall yield damages to the party grieved, and be grievously punished unto the King. The King also prohibits to the keepers of such privileges, that henceforth they grant no citations at the instance of Hospitallers, Templars, or other persons privileged, before it be expressed upon what matter the citation ought to be made. And if the keepers do see that a citation is required upon any matter, the knowledge whereof belongs to the King's court, the keepers shall neither make nor knowledge the citation. And if the keepers do otherwise, they shall yield damages to the party grieved, and nevertheless shall be grievously punished by the King. And forasmuch as such persons privileged, deputy keepers, sub-priors, chantors, sextons, which are religious men, and which have nothing to satisfy the parties grieved, nor the King; which be more bold to offend the King's dignity than their superiors, to whom punishment may be assigned by their temporalties. Let the prelates of such obedients therefore beware henceforth, that they do not suffer their obedients to usurp any jurisdiction in prejudice of the King and his crown; and if they do, their superiors shall be charged for their fact, as much as if they had been convicted upon their proper act. THE Stat. Circumspectè agatis. (1) 13 Ed. 1. st. 4. 1 Gw. 1. Certain Cases wherein the King's Prohibition does not lie. HE King to his Judges sends greeting: Use yourselves circumspectly in the matter concerning the bishop of Norwich and his clergy, not punishing them if they hold pleas of such things as are merely spiritual; viz. If a rector demand tithes, great or small, so that the fourth part of the value of any church be not demanded : Item. If a rector demand a mortuary in places where a mortuary has been used to be given : In these cases the ecclesiastical judge has conusance, notwithstanding the King's prohibition, although it be produced. The Lord the King answered to these articles, that in tithes, obventions, oblations, mortuaries, when the question is as aforesaid, there is no room for a prohibition. And if a clerk or religious person shall have sold his tithes to any one for money, when gathered into his barn, or any where else, and plea be holden thereof in the spiritual court, the King's prohibition lies; because by sale things spiritual become temporal, and so the tithes pass into chattels. Item. If the dispute be concerning the right of tithes having its origin in the right of patronage, and the quantity of those tithes exceed the fourth part of the church, the King's prohibition lies. (1) Selden says, that this has long since been received into practice by the name of a statute, and so called in acts of parliament, although antiently reputed rather as an ordinance made by the King and prelates.Hist. of Tithes, c. 14. s. 3. Stat. Of the Writ of Consultation. 24 E. 1. Spiritual court. WHEREAS, ecclesiastical judges often surcease to proceed in causes before Consultation. them, by the King's writ of prohibition, in cases where remedy cannot be given to complainants in the King's courts, by any writ out of the chancery, so that such plaintiffs have been deprived of their right and remedy in both courts, as well temporal as spiritual, to their great damage, as the King has understood by grievous complaint: Our Our Lord the King wills and commands, that when ecclesiastical judges surcease in the aforesaid cases, by the King's prohibition shewn to them, that the chancellor, or the chief justice of our Lord the King, for the time being, having seen the libel in the cause, at the instance of the plaintiff, if they see that remedy cannot be given in his case by any writ out of the chancery, but that the spiritual court ought to determine the cause, do write to the ecclesiastical judges, before whom the cause was first moved, that they proceed therein, notwithstanding the King's prohibition before directed to them. FOR Stat. De conjunctim Feoffatis. 34 E. 1 st. 1. 1296. 1306. NORASMUCH as pleas in court spiritual heretofore had many times undue Indicavit. delays, for that our writ, that is called indicavit, was many times brought before the judges in such matters at the beginning, and thereupon our chief justice could not proceed lawfully, nor in due manner to have consultation upon such process; it is agreed, that such a writ of indicavit shall not be granted thenceforth to any before issue joined between the parties in court-christian, and that our chancellor shall be certified thereof by inspection of the libel. Articuli Cleri. 9 E. 2. st. 1. cc. 1, 2. 5, 6. Lyndw. App. 37. 1 Gw. 2. 1315. CHAP. 1. FIRST, laymen obtain prohibitions generally, upon tithes, obventions, obla- Spiritual court. tions, mortuaries, redemption of penance, violent laying hands on clerks Indicavit. or converts, and in cases of defamation, in which cases spiritual penance Mills. is sought to be enjoined; the King answers to this article, that in tithes, oblations, obventions, mortuaries, (when they are propounded under these names,) the King's prohibition does not lie, although, on account of the long withholding of the same, the value must be reckoned in money. But, if a clerk or religious man sell his tithes, when gathered in his barn, or elsewhere, to any man for money; if the money be demanded before a spiritual judge, the King's prohibition lies, for by sale, spiritual things become temporal, and tithes are turned into chattels. CHAP. 2. ALSO, if dispute be concerning the right of tithes having its origin in the right of patronage, and the quantity of those tithes amount to the fourth part of the goods of the church, the King's prohibition lies, if the cause come before a judge spiritual. CHAP. 5. ALSO, if any one erect in his ground a mill of new, and after the rector of the place demand tithe for the same, the King's prohibition issues in this form: quia de molendino tali hactenus decimæ non fuerunt soluta, prohibemus, &c. Et sententiam excommunicationis, si quam hác occasione promulgaveritis, revocet is omninò. Answer.-In such case prohibition never issued by the King's will, who decrees that it shall not issue hereafter. CHAP. 6. Where a Suit for one Offence may be prosecuted both in Court Spiritual and Temporal. ALSO, if any cause or matter, the knowledge whereof belongs to a court spiritual, and shall be definitively determined before a spiritual judge, and do pass into a judgment, and shall not be suspended by an appeal; and after, if upon the same thing a question be moved before a temporal judge between the same parties, and it be proved by witness or instruments, such an exception is not to be admitted in a temporal court. Answer. When any one case is debated before judges spiritual or temporal, (1) as above appears (upon the case of laying violent hands on a clerk), it is thought, that notwithstanding the spiritual judgment, the King's court shall discuss the same matter, as the party shall think expedient for himself. (1) This translation, which is copied from the printed statutes, is incorrect. In the ori. ginal the words are, Quando eadem causa di- 1324. Whether, the order of Tem plars being dis solved, the lords of the fees might enjoy their lands. The chief lords shall not have Templars' lands by escheat. All the Templars' lands given to the prior of the hospital of St. John of Jerusalem. FOR Stat. De Terris Templariorum. 17 E. 2. st. 3. that the military order of Templars ceasing and being dissolved, the lands and tenements in demesnes, fees, and services of the brethren of the same order, which they held in their fraternity in the realm of England, in the time of the same ceasing and dissolution of the foresaid order, which were holden of our Lord the King, and divers other lords in this kingdom, were seised into the hands of our Sovereign Lord the King, and of divers other lords of the fees of them, who challenged the same lands for the consideration aforesaid, that the same lands ought to revert to them as their escheats. Whereupon after, in a parliament of the most noble Prince King Edward, son of King Edward, summoned and assembled at Westminster three weeks after the day of the Purification of the blessed Virgin Mary, in the seventeenth year of the reign of the same King, great conference was had before the King himself, in the presence of the prelates, earls, barons, nobles, and great men of the realm, and others there present, whether the foresaid lords of the fees, or others which held those lands that were the foresaid Templars', as is aforesaid, might retain them by the law of the realm, and with safe conscience. Whereupon the greater part of the King's council, as well the justices as other lay persons being assembled together, the said justices affirmed precisely, that our Lord the King, and other lords of the fees aforesaid, might well and lawfully by the laws of the realm retain the foresaid lands as their escheats, in regard of the ceasing and dissolution of the order aforesaid. 2. But because the lands and tenements aforesaid were given to the brethren of the said order for the defence of Christians, and the Holy Land, against Pagans and Sarazens, and other enemies of Christ and Christians, and the universal holy church; it seemed good to our Lord the King, the noblemen, and others assembled in the same parliament, for the health of their souls, and discharge of their consciences, that whereas the said military order of Templars were originally instituted for the defence of Christians, and the universal holy church, subversion of the enemies of Christ and Christians, and canonised to the augmentation of the honour of God, and liberal almsgiving, that the foresaid lands and tenements in demesnes, lordships, services, liberties, customs, and all other things pertaining thereunto, and by any thing depending thereupon, according to the wills of the givers, shall be assigned and delivered to other men of most holy religion, to the intent the fruits, obventions, and profits of the said lands and tenements, and other things, may be converted and charitably disposed to godly uses. And thereupon in the same parliament it is agreed, ordained, and established for law to continue for ever, that neither our Lord the King, nor any other lords of the fees aforesaid, or any other person, has title or right to retain the foresaid lands and tenements, with the appurtenances, or any part thereof, in regard of escheat, or by any other means, or hereafter to challenge the same lands in respect of the ceasing or dissolution of the foresaid military order of Templars, whereof the brethren of the same order were seised in their demesnes as of fee at the time of the ceasing and dissolution aforesaid; notwithstanding that the foresaid lands and tenements, after the said ceasing and dissolution, came to the hands of divers persons by descent of inheritance, gift, or purchase, or by any other means; and notwithstanding any law or custom of the realm of England, whereby this law, ordinance, and statute touching the assignment and conveyance of the foresaid lands and tenements might be hindered, impugned, or counterpleaded. 3. Seeing the order of the brethren of the hospital of St. John of Jerusalem was likewise ordained, instituted, and canonised for the defence of Christians and the holy church, it is agreed and enacted in the said parliament by our foresaid Lord the King, the prelates, earls, barons, and other great men of the realm there being, that insomuch as the foresaid order of the Templars is ceased and dissolved, and the foresaid order of the hospital is provided, instituted, and canonised for the defence of Christians, as is aforesaid, that all the lands, tenements, lordships, fees, churches, advowsons of churches, and liberties, with all things to them belonging, which were the said Templars' at the time of their ceasing ceasing and dissolution, shall be assigned and delivered to the foresaid order of the hospital, and to the prior and brethren of the same hospital, to remain to them and their successors for ever. Wherefore our said Lord the King, by the mutual assent of the earls, barons, and noblemen aforesaid, of his regal authority in the same parliament, hath assigned to determine and deliver all the foresaid lands, tenements, lordships, fees, churches, advowsons, and liberties, with their appurtenances, to the foresaid order of the hospital, and to the said prior and brethren of the said order, to have and hold to the same prior and his brethren and successors for ever of our Lord the King, and other lords of the fees aforesaid by the same services, by which the brethren of the military order of Templars held the same, at the time of their ceasing and dissolution; as in relieving of the poor, in hospitalities, in celebrating divine service, defence of the Holy Land, and in all other offices and services beforetime due, by whatsoever names they be called; so always, that the godly and worthy will of the foresaid givers be observed, performed, and always religiously executed, as is aforesaid; saving to every person his action, if he had any, the time of the ceasing and dissolution aforesaid, against the same Templars in the foresaid lands and tenements, rents, services, customs, pensions, corrodies, liberties, celebrating of masses, alms, and other things whatsoever, and liberty to prosecute his right against the said prior and brethren of the hospital aforesaid, and their brethren, and their successors, according to the law and custom of the realm, as he might have had against the foresaid Templars, if the order aforesaid had not been dissolved. And if it fortune that the said prior and brethren of the hospital aforesaid, or their successors, shall be put out of the foresaid lands and tenements, or of any parcel thereof, after they shall be seised of the same, they shall have power to recover their own according to the law of the realm. 4. And to the intent that the assignment before specified may be published and made known to all men to whom it behoves; it is ordained and agreed in the same parliament, that it shall be openly proclaimed in every county of this kingdom, that all and every person holding the lands and tenements aforesaid, and all others to whom it does appertain, shall be at Westminster one month after Easter day next, if they will, to hear the concord, provision, and assignment aforesaid, in form aforesaid. I' 14 E. 3. st. 1. c. 17. 20. A Juris Utrum maintainable for a Parson or Vicar. 1324. 1340. TEM, it is assented and established, that parsons, vicars, wardens of chapels, Juris Utrum. and provosts, wardens and priests of perpetual chantries, shall have their writs of juris utrum of lands and tenements, rents, and possessions annexed, or given perpetually in alms to vicarages, chapels, or chantries, and recover by other writs in their case as far forth as parsons of churches, or prebends. CHAP. 20. A Subsidy granted to the King of the Ninth Lamb, the Ninth Fleece, &c. (1) ET pur les grantz relees et pardons des dettes, chatelx des fellons et de futifs, et moultz des autres choses et bons establissementz desus escriptz, qe le roi ad grante as prelatz, contes, barons, et a toutz les communes de son roialme, pur leese de eux perpetuelement adurer; les ditz prelatz, contes, barons, et touz les communes And for the great releases and pardons of debts, chattels of felons and fugitives, and may other things and good establishments, hereafter described, which the King has granted to the prelates, earls, barons, and the commons of his kingdom, for the ease of them perpetually to remain; the said prelates, earls, barons, and all the commons of the realm unanimously, and (1) In the printed statutes this appears in the original French only, it has been however thought advisable to give a translation. |