30
Thus the known as community thinks that, if it likes our lord the king,
the two charters, of freedoms and the forest, from now on will be observed
entirely in all their details. Likes that expressly the king. And that
the capacity of the dispensers of justice charged to make apply the charters
in the counties will be defined by the consulting of the prelates, counts,
and barons. That likes tacitly.
Source: Statutes of the Realm, I, 124-125, 138ss..
(1303) Report of a conference of merchants [the king made convene
a conference -- to note the term -- of a hundred merchants coming from 46
cities and boroughs of the kingdom to require an exceptional financing of
them. It follows that:].... they all appeared on June 25 before the
consulting of the lord king in York following the convocations of known as
in short and they declared of a unanimous agreement and a will, at the same
time for themselves and for this tax or with the others in question in the
known as one in short and granted to the lord king by foreign merchants,
if it is not with those which had coutumirement for a long time.
[Note: By 1304 Stirling Castle had been captured and Edward returned
to York. It was felt that the danger from Scotland was over and as a result
the Courts of the King's Bench and the Exchequer were removed from the city
of York where they had been held for seven years and taken to the city of
London. see: Edward 1]
Source: Parliamentary writs, I, 134.
(1311) Extract of judgement
Stanton J in Miggeley 21 - Where did you see a tutor guaranteeing
a brief of douaire?
Miggeley - Sir, with the last session of the Trinity, and of that I guaranteed
the recording.
Stanton J - If you find it, I will give you my hood.
Source: Y.B. 4 ED II, Selden Society, VI, 168.
21Avocat de l'une des parties
Source : Statutes of the Realm, I, 124-125, 138ss.
(1303) Compte-rendu d'un colloque de marchands [Le roi a fait
convoquer un colloque -- noter le terme -- d'une centaine de marchands venant
de 46 villes et bourgs du royaume pour leur demander un financement exceptionnel.
Il s'ensuit que :] ... ils comparurent tous le 25 juin devant le conseil
du seigneur roi à York suite aux convocations du dit bref et ils
déclarèrent d'un accord et d'une volonté unanimes,
à la fois pour eux-mêmes et pour les
cet impôt ou aux autres dont il est question dans le dit bref et
accordés au seigneur roi par des marchands étrangers, si ce
n'est à ceux dûs coutumièrement depuis longtemps.
Source : Parliamentary writs, I, 134.
(1311) Extrait de jugement
Stanton J. à Miggeley21 - Où avez-vous vu
un tuteur garantir un bref de douaire ?
Miggeley- Sir, à la dernière session de la Trinité,
et de cela je garantis l'enregistrement.
Stanton J. - Si vous le trouvez, je vous donnerai mon chaperon.
Source : Y.B. 4 Ed. II, Selden Society, vi, 168
21 Avocat de l'une des parties.
Also in
Traditio: Studies in Ancient and Medieval History, Thought and Religion
Vol XIX, 1963 Page 13
KINGS, COURTS, CURES, AND SINECURES The Statute of Provisions and the Common
Law by Frederick Cheyette
Miggeley: Sir, since the pleading must turn on the advowson under the writ
we are using, and you claim nothing in the advowson, and cannot deny that
you received the chancellorship of Lichfield - we will aver it if you want
to deny it - we think that we are entitled to a writ to the bishop, and that
afterwards our presentee will make his suit in court Christian based upon
a voidance by you. Denham: No, that would be putting the cart before the
horse. The patron cannot have a right of action before there is a voidance,
and the voidance cannot be declared except in court Christian; when the church
is declared void by a suit in court Christian, then a right to present accrues
to the patron . . . . But you are in no such position . . . . The church
does not become void by cession. From what he has said, non vacaf. Eo iure
pri- vabilis esf? Non! But he is deprivable and therefore he is deprived.
[That is his plea !]
First get the church void and then if you find a disturber,bring your Quare
impedif.40
Had Miggeley's wishes been followed,(they were not) the king could have won his presentation. There might still have been no assurance that his presentee would ever occupy the benefice. The clerk would still have to undertake the dilatory and expensive business of voiding it in court Christian. But he would have had an advantage, for the writ which would issue to the bishop would surely have contained the non obstante clause,notwithstanding the opposition of 41 in this case the incumbent, who might thus be simply ordered out of his benefice (and, perhaps, given another to soothe his feelings).In any case the bishop, if he did not act, would have to answer the king on Quare non admisit; and this, within a few decades, became a very unpleasant affair.A battle is not a war. The king's lawyers kept at it.
40 Y.B. 7 Ed. II (S.S. 39) 66-7.
41 Bracton, De legibus et consuetudinibus Angliae
fol. 24813 (ed. G. Woodbine, New Haven 19401 III 233); Y.B. 5 Ed. II (S.S. 33) 173.
| "William Midgly father to Dr. and Attourney
Midgly ["Lawyer Midgley" in other sources-T.M.] was
buryed at Luddenden Aug 21 1595, aged 81, Mr Sunderland preacht"
"1590 Mr. J. Midgly Attourny in Halifax buryed there May 20. aged 50". [Pre-deceaced his father-T.M.]. |