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*The regnal years of Charles II. are reckoned from the death of Charles I.


A.D. 1100-1874.


VII. Et si quis baronum vel hominum meorum infirmabitur, sicut ipse dabit, vel dare disponet pecuniam suam, ita datam esse concedo. Quod si ipse preventus, vel armis vel infirmitate, pecuniam suam non dederit nec dare disposuerit, uxor sua, sive liberi, aut parentes, aut legitimi homines ejus, eam pro anima ejus dividant, sicut eis melius visum fuerit.

MAG. CART. REG. JOHAN. CAP. 27. [June 15th, A.D. 1215.]

Si aliquis liber homo intestatus decesserit, catalla sua per manus propinquorum parentum et amicorum suorum, per visum Ecclesiae distribuantur; salvis unicuique debitis que defunctus ei dedebat.

If any free-man shall die intestate, his chattels shall be distributed by the hands of his nearest relations and friends, by the view of the Church, saving to everyone the debts which the defunct owed.

MAG. CART. (9 HEN. III.). CAP. 32. [A.D. 1225.] Lands shall not be aliened to the Prejudice of the Lord's Service.

Nullus liber homo decetero det amplius vel vendat alicui de terra sua quam ut de residuo terre sue possit sufficienter fieri domino feodi servicium ei debitum quod pertinet ad feodum illud.

No Freeman from henceforth shall give or sell any more of his Land, but so that of the residue of the Lands the Lord of the Fee may have the Service due to him, which belongeth to the Fee.


CAP. 36.*

No Land shall be given in Mortmain.

Non liceat alicui decetero dare terram suam alicui domui religiose ita quod illam resumat tenendam de eadem domo nec liceat alicui domni religiose terram alicujus sic accipere quod tradat illam ei a quo ipsam recepit tenendam. Si quis autem decetero terram suam alicui domui religiose sic dederit et super hoc convincatur donum suum penitus cassetur et terra illa domino suo illius feodi incurratur.

It shall not be lawful from henceforth to any to give his Lands to any Religious House, and to take the same land again to hold of the same House. Nor shall it be lawful to any House of Religion to take the Lands of any, and to lease the same to him of whom he received it. If any from henceforth give his Lands to any Religious house, and thereupon be convict, the Gift shall be utterly void, and the Land shall accrue to the Lord of the Fee.

STAT. MERTON. (20 HEN. III.). CAP. 9. [A.D. 1235.] He is a Bastard that is born before the Marriage of his Parents. To the King's Writ of Bastardy, Whether one being born before Matrimony may inherit in like manner as he that is born after matrimony, all the Bishops answered, That they would not, nor could not, answer to it; because it was directly against the common Order of the Church. And all the Bishops instanted the Lords, that they would consent, that all such as were born afore Matrimony should be legitimate, as well as they that be born within Matrimony, as to the Succession of Inheritance, forsomuch as the Church accepteth such for legitimate. And all the Earls and Barons with one voice answered, that they would not change the Laws of the Realm, which hitherto have been used and approved.

52 HEN. III. CAP. 23. [A.D. 1267.]

A Remedy against Accomptants. Fermors shall make no Waste. It is provided also, That if Bailiffs, which ought to make account to their Lords, do withdraw themselves, and have no lands nor Tene

For later Mortmain Acts, see 7 Edw. I. St. 2; 13 Edw. I. c. 32; 15 Rich. II. c. 5; 23 H. VIII. c. 10. §§ 1-5; 9 Geo. II. c. 36.

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