97.

Conveyances to the Uses of Religious Houses and Other Corporations Forbidden, Etc.

(February, 1392. French text and translation, 2 S. R. 78. 2 Stubbs, 509, 638.)

*  *  *  *  *  *  *  *  *

3. ITEM, * * * It is declared, ordained and established that of all manner of contracts, pleas, and quarrels, and all other things rising within the bodies of counties, as well by land, as by water, * * * and also wreck of the sea, shall be tried determined, discussed, and remedied by the laws of the land, and not before nor by the admiral, nor his lieutenant in any wise. Nevertheless, of the death of a man, and of a mayhem done in great ships, being and hovering in the main stream of great rivers, only beneath the bridges of the same rivers most next to the sea, and in none other places of the same rivers, the admiral shall have cognizance, and also to arrest ships in the great fleets for the great voyages of the king and of the realm; saving always to the king all manner of forfeitures and profits thereof coming; and he shall have also jurisdiction upon the said fleets, during the said voyages only: saving always to the lords, cities, and boroughs their liberties and franchises.

5. Item, whereas it is contained in the statute de religiosis, * * * and now of late by subtile imagination, and by art, and device, some religious persons, parsons, vicars, and other spiritual persons, have entered in divers lands and tenements, which be adjoining to the churches, and of the same, by sufferance and assent of the tenants, have made churchyards, and by bulls of the bishop of Rome have caused the same to be dedicated and hallowed, and in them do make continually parochial burying without licence of the king and of the chief lords; therefore it is declared in this parliament, that this is manifestly within the compass of the said statute. And moreover it is agreed and assented, that all they that be possessed by feoffment, or by any other manner, to the use of religious people, or other spiritual persons, of lands and tenements, fees, advowsons, or any manner other possessions whatsoever, to amortise them, and whereof the said religious and spiritual persons take the profits, that betwixt this and the feast of Saint Michael next coming, they shall cause them to be amortised by the licence of the king and of the lords, or else that they shall sell and aliene them to some other use between this and the said feast, upon pain to be forfeited to the king, and to the lords, according to the form of the said statute of religious, as lands purchased by religious people: and that from henceforth no such purchase be made, so that such religious or other spiritual person take thereof the profits, as afore is said, upon pain aforesaid; and that this same statute extend and be observed of all lands, tenements, fees, advowsons, and other possessions, purchased or to be purchased to the use of guilds or fraternities. And moreover it is assented, because mayors, bailiffs, and commons of cities, boroughs, and other towns which have a perpetual commonalty, and others which have offices perpetual be as perpetual as people of religion, that from henceforth they shall not purchase to them, and to their commons or office, upon the pain contained in the said statute de religiosis; * * *

*  *  *  *  *  *  *  *  *

12. Item, * * * it is agreed and assented, that from henceforth none of the king’s subjects be compelled, neither by any mean constrained, to come nor to appear before the council of any lord or lady, to answer for his freehold, nor any for anything touching his freehold, nor for any other thing, real or personal, that belongeth to the law of the land in any manner: and if any find himself grieved in time to come, contrary to this ordinance and agreement, he may complain to the chancellor for the time being, and he shall give him remedy.