of God, or to charity, is now converted to an evil payment: From whence, beside what is before mentioned, there groweth great scandal to the people, and infinite losses are well known to have ensued, to the disheritance of the said founders and their heirs, and are yet likely to ensue, unless speedy and sufficient remedy be provided to redress so many and grievous detriments:

Our said lord the king, therefore, considering that it would be very prejudicial to him and his people if he should any longer suffer such great losses and injuries to be winked at, and thereupon being willing to maintain and defend the monasteries, priories, and other religious houses erected in his kingdom, and in the lands subject to his dominion, according to the will and pious wishes of the founders, and from henceforth to provide sufficient remedy to reform such oppressions, as he is bound, by the counsel of his earls, barons, great men, and other the nobles and the commonalty of his realm, in his parliament holden at Westminster, on the Sunday next after the feast of St. Matthias the Apostle, in the three-and-thirtieth year of his reign, ordained and enacted as follows:

"That no abbot, prior, master, warden (nor any other religious person, of whatsoever condition, state, or religion he be, appointed under his power or jurisdiction,) shall by himself, or by merchants or others, secretly or openly, by any art or device, carry or send, or by any means cause to be carried, any tax imposed by their superiors, abbots, priors, masters or wardens of religious houses or places, or in any way assessed among themselves, out of his kingdom and dominion, under the name of a rent, tallage, tribute, or any kind of imposition, or otherwise in the name of exchange, sale, loan, or other contract howsoever it may be termed; neither shall himself depart into any other country for visitation, or, upon any other colour, by that means to carry the goods of their monasteries and houses out of the kingdom and dominion aforesaid. And if any presume to offend this present statute, he shall be grievously punished according to the quality of his offence, and according to his contempt of the king's prohibition.

"Moreover, our said lord the king doth inhibit all and singular abbots, priors, masters and governors of religious houses and places, being aliens, to whose authority, subjection, and obedience, the houses of the same orders being in his kingdom and dominion be subject, that they do not at any

time hereafter impose, or by any means cause to be assessed, any tallages, payments, impositions, tributes, or other burdens whatsoever, upon any of the monasteries, priories, or other religious houses so as aforesaid in subjection unto them; and this upon forfeiture of all that they obtain in their power, and can forfeit in future.

"And further, our lord the king hath ordained and established, that the abbots of the orders of Cistercienses and Premonstratenses, and other religious orders, whose seal hath heretofore been used to remain only in the custody of the abbot, and not of the convent, shall hereafter have a common seal, and shall deposit the same in the custody of the prior of the monastery or house, and four of the most worthy and discreet men of the convent of the same house, to be kept under the private seal of the abbot of the same house; so that the abbot or prior of the house which he doth govern, shall not be able of himself to confirm any contract or obligation, as heretofore he hath been used to do. And if it fortune hereafter that any writings obligatory of donations, purchases, sales, alienations, or of any other contracts, be found sealed with any other seal than such a common seal, kept as is aforesaid, they shall be adjudged void and of no force in law.

"But it is not the meaning of our lord the king to exclude the abbots, priors, and other religious aliens, by the ordinance and statutes aforesaid, from executing their office of visitation in his kingdom and dominion; but that they may visit at their pleasure, by themselves or others, the monasteries and other places in his kingdom and dominion aforesaid in subjection unto them, according to the duty of their office, in those things only that belong to the regular observance and the discipline of their order. Provided, that they which shall execute this office of visitation, shall carry, or cause to be carried out of the kingdom and dominion aforesaid, none of the goods or things of such monasteries, priories, and houses, saving only their reasonable and competent charges.

And though the pronouncing and publication of the ordinance and statutes aforesaid was stayed in suspense, from the parliament last passed, until this present parliament holden at Carlisle in the octaves of Saint Hilary, in the five-and-thirtieth year of the reign of our said lord King Edward, for certain causes, and to the intent they might proceed with greater deliberation and advice; our lord the king, after full deliberation and conference had with the

earls, barons, lords, and other the nobles and the commonalty of his realm, touching the premisses, by their unanimous consent and agreement hath ordained and enacted, that the ordinance and statutes aforesaid, under the manner, form, and conditions aforesaid, from the first day of May next ensuing, shall thenceforth be inviolably observed and in force for ever, and the offenders of them shall thereafter be punished as is aforesaid.

(Edited from Statutes of the Realm, I, 150.)

88. The Statute of "Quia Emptores"

(18 Edw. I., 1289-90)

Statutes at Large

The feudal lord enjoyed many profitable rights in the property held by another under him. He obtained certain sums from the heir who was of full age at the death of his father, and also profits from the estates of minors and from their marriages. Not only was his ransom paid, if he were taken prisoner, but when his son became a knight or his eldest daughter married, the expenses of the ceremonies were borne by his tenants. Besides all this, on certain contingencies the entire estate of his vassals became his. Prior to the eighteenth year of the reign of Edward I., these rights had been seriously impaired by the practice of subinfeudation, or subdivision of holdings. To exemplify this, let us suppose that A. held lands of B., and owed him the above-mentioned rights. If A. sold part of his lands to C., the latter would owe rights to A., and not to B. Thus B. would be deprived of his rights over the lands sold to C. This was a direct loss to the lord, and the statute of Quia Emptores was passed to prevent its occurrence. By the provisions of this enactment, the transfer could still be made, but C. would hold of B. instead of A., and would owe the rights of the land to the former.

THE STATUTE OF WESTMINSTER THE THIRD:

or QUIA EMPTORES TERRARUM

CAP. I

Purchasers shall hoid of the chief lord, and not of the

Feoffor

Forasmuch as purchasers of lands and tenements of the fees of great men and others, have many times heretofore entered into their fees, to the prejudice of the lords, the freeholders of such great men and others having sold such lands and tenements to be holden in fee by such purchasers and their heirs, of the feoffors, and not of the chief lords of the fees, whereby the same chief lords have many times lost their escheats, marriages, and wardships of lands and tenements

belonging to their fees; which thing seemed very hard and extreme unto those great men and other lords, and moreover in this case manifest disheritance: Our lord the king, in his parliament at Westminster, after Easter, the eighteenth year. of his reign, that is to wit, in the quinzime of Saint John Baptist, at the instance of the great men of his realm, hath granted, provided, and ordained, that from henceforth it shall be lawful to every freeman to sell at his own pleasure his lands and tenements, or part thereof: so nevertheless that the feoffee shall hold the same lands or tenements of the same chief lord of the fee, and by the same services and customs as his feoffor held them before.

CAP. II

If a Tenant sell Part of his Land, the Services shall be

apportioned

And if he sell any part of such his lands or tenements to any, the feoffee shall hold that immediately of the chief lord, and shall be forthwith charged with so much service as pertaineth, or ought to pertain to the said chief lord for such part, according to the quantity of the land or tenement so sold. And so in this case for the same part of the service shall remain to the lord, to be taken by the hands of the feoffee, for the which he ought to be attendant and answerable to the same chief lord, according to the quantity of the land or tenement sold, for the parcel of the service so due.

CAP. III

No such Feoffment shall be made to assure Land in

Mortmain

And it is to be understood, that by the said sales or purchases of lands or tenements or any part thereof, such lands or tenements shall in no wise come into Mortmain, either in part or in whole, any way by craft or engine, contrary to the form of the statute made thereupon of late. And it is to be understood, that this statute extendeth only to lands to be holden in fee simple; and that it extendeth to the time coming, and it shall begin to take effect at the feast of Saint Andrew the Apostle next coming.

Given the eighteenth year of the reign of King Edward, son of King Henry.

(Edited from Statutes at Large, ed. T. D. Tomlins, Lond., 1811. I, 310.)

89. Coronation Oath of Edward II.

(1307)

Statutes of the Realm

The oath of Edward II. is interesting in that it contains the completed fourfold division which was for centuries to mark the promise of the king upon assuming office. Compare the coronation oaths of William I. (No. 45) and of James I. (No. 144).

CORONATION OATH OF EDWARD II.

[Archbishop.] Sire, will you grant and observe, and by your oath confirm to the people of England the laws and customs granted to them by the ancient kings of England, your predecessors, just and devoted to God; and especially the laws and customs and franchises granted to the clergy and to the people by the glorious king, Saint Edward, your predecessor?

[King.] I grant them and promise them.

[Archbishop.] Sire, will you keep toward God and holy church, and clergy and people entire peace and concord in God, according to your power?

[King.] I will keep them.

[Archbishop.] Sire, will you cause to be made in all your judgments equal and right justice and judgment, in mercy and truth, according to your power?

[King.] I will do it.

[Archbishop.] Sire, do you grant that the just laws and customs will be observed which the commonalty of your realm have chosen, and do you promise to protect and enforce them to the honour of God, according to your power? [King.] I grant and promise it.

(Ed. from Statutes of the Realm, I, 168.)

90. A Statute of Provisors

(25 EDW. III, s. 5, c. 22, 1352)

Statutes of the Realm

The Statute De Asportatis Religiosorum, passed in 1306-7. was followed by a series of anti-papal enactments, the first of which to become effective, the Statute of Provisors, is given below.

Also because that some do purchase at the court of Rome provisions to have abbeys and priories in England, in destruction of the realm, and of holy religion; it is accorded and assented, that every man that purchaseth such provisions of