Book contents
- Frontmatter
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 The Henrician canons
- 2 The Reformatio legum ecdesiasticarum
- Signs used in the text
- The Reformation of the Ecclesiastical Laws
- Royal proclamation of King Edward VI
- 1 Of The Highest Trinity And The Catholic Faith
- 2 Of Heresies
- 3 Of Judgments Against Heresies
- 4 [Of] Blasphemy in Which
- 5 Of Sacraments
- 6 Of Idolatry and Other Like Crimes
- 7 Of Preachers
- 8 Of Matrimony
- 9 Of Degrees Prohibited in Matrimony
- 10 Of Adultery and Divorce
- 11 Of Those to be Admitted to Ecclesiastical Benefices
- 12 Of The Resignation or Abandonment of Benefices
- 13 Of The Exchange of Ecclesiastical Benefices
- 14 Of Purgation
- 15 Of Dilapidations
- 16 Of Alienating or Letting Church Property
- 17 Of an Election
- 18 Of Conferring Ecclesiastical Benefices Without Loss
- 19 Of The Services Of The Church
- 20 Of The Church And its Ministers, And their Offices
- 21 Of Churchwardens
- 22 Of Parish Boundaries1
- 23 Of Schools And Schoolmasters1
- 24 Of Universities, Particularly of the Heads of Colleges
- 25 Of Tithes
- 26 Of Visitations
- 27 Of Testaments
- 28 Of Ecclesiastical Penalties
- 29 Of Suspension
- 30 Of the Deduction of Fruits or Sequestration, as it is Commonly Called, for Different Reasons
- 31 Of Deprivation
- 32 Of Excommunication
- 33 A form for Reconciling Excommunicates
- 34 Of Judgments, and when Someone Ought to take Action or Agree to Them
- 35 Of Crimes
- 36 Of Judgments
- 37 Of the Office and Jurisdiction of all Judges
- 38 Of the Joinder of Issue
- 39 Of Oaths and Perjury
- 40 Of the Oath Against Calumny
- 41 Of Trials
- 42 Of Possession
- 43 Of [The] Credence [Given to Documents]
- 44 Of the Crime of Forgery
- 45 Of Witnesses and their Sayings
- 46 Of Custom
- 47 Of Prescriptions
- 48 Of Violent Striking of Clerks
- 49 Of Presumptions
- 50 Of Defamations
- 51 Of Respitings or Dilations
- 52 Of Exceptions
- 53 Of the Sentence and Judgment Rendered
- 54 Of Appeals
- 55 Of the Rules of Law
- 3 Appendixes
- 4 Indexes of sources and references
- Subject index
- Bibliography
- Miscellaneous Endmatter
47 - Of Prescriptions
from 2 - The Reformatio legum ecdesiasticarum
Published online by Cambridge University Press: 01 September 2018
- Frontmatter
- Contents
- Acknowledgments
- Abbreviations
- Introduction
- 1 The Henrician canons
- 2 The Reformatio legum ecdesiasticarum
- Signs used in the text
- The Reformation of the Ecclesiastical Laws
- Royal proclamation of King Edward VI
- 1 Of The Highest Trinity And The Catholic Faith
- 2 Of Heresies
- 3 Of Judgments Against Heresies
- 4 [Of] Blasphemy in Which
- 5 Of Sacraments
- 6 Of Idolatry and Other Like Crimes
- 7 Of Preachers
- 8 Of Matrimony
- 9 Of Degrees Prohibited in Matrimony
- 10 Of Adultery and Divorce
- 11 Of Those to be Admitted to Ecclesiastical Benefices
- 12 Of The Resignation or Abandonment of Benefices
- 13 Of The Exchange of Ecclesiastical Benefices
- 14 Of Purgation
- 15 Of Dilapidations
- 16 Of Alienating or Letting Church Property
- 17 Of an Election
- 18 Of Conferring Ecclesiastical Benefices Without Loss
- 19 Of The Services Of The Church
- 20 Of The Church And its Ministers, And their Offices
- 21 Of Churchwardens
- 22 Of Parish Boundaries1
- 23 Of Schools And Schoolmasters1
- 24 Of Universities, Particularly of the Heads of Colleges
- 25 Of Tithes
- 26 Of Visitations
- 27 Of Testaments
- 28 Of Ecclesiastical Penalties
- 29 Of Suspension
- 30 Of the Deduction of Fruits or Sequestration, as it is Commonly Called, for Different Reasons
- 31 Of Deprivation
- 32 Of Excommunication
- 33 A form for Reconciling Excommunicates
- 34 Of Judgments, and when Someone Ought to take Action or Agree to Them
- 35 Of Crimes
- 36 Of Judgments
- 37 Of the Office and Jurisdiction of all Judges
- 38 Of the Joinder of Issue
- 39 Of Oaths and Perjury
- 40 Of the Oath Against Calumny
- 41 Of Trials
- 42 Of Possession
- 43 Of [The] Credence [Given to Documents]
- 44 Of the Crime of Forgery
- 45 Of Witnesses and their Sayings
- 46 Of Custom
- 47 Of Prescriptions
- 48 Of Violent Striking of Clerks
- 49 Of Presumptions
- 50 Of Defamations
- 51 Of Respitings or Dilations
- 52 Of Exceptions
- 53 Of the Sentence and Judgment Rendered
- 54 Of Appeals
- 55 Of the Rules of Law
- 3 Appendixes
- 4 Indexes of sources and references
- Subject index
- Bibliography
- Miscellaneous Endmatter
Summary
What is prescription.
Prescription is a certain right through time, meet and taking taking [sic] force by authority of laws, punishing the negligent and ending controversies, the which thing doth not much /wholly/ dissent from the law of nature, neither in all things doth it agree with nature. For as it is natural that none ought to be made rich with another's harm, so it is agreeing with natural reason that negligent men should be punished and controversies should have an end.
Prescription of tenths in another parish.
If one church hath had tenths in another parish by the space of forty years, we will that in law his condition be the better that is in possession, because that forty years prescription excludeth all manner of action.
A possessor upon an evil grounds or/known/ conscience, cannot prescribe.
No old or long continuance of possessing doth help any man that is [owner >claimant<] by wrong and evil conscience, except he do repent and be sorry, when he knoweth that he doth possess another's right and therefore cannot /be/ said to be owner in good conscience. Yea and all customs are to be broken that cannot be kept without deadly sin. Therefore it is meet that he who doth prescribe should not have his conscience troubled with the possession of any other man's goods, but he ought to be in posse upon good faith and conscience, without the which no prescription of the church is anything worth.
Interruptio tollit praescriptionem.
Si de praescriptione et interruptione mota fuerit quaestio si cum7 receptis testibus seu probationibus (quae recipi debent ab utraque parte) probata fuerit Interruptio, praescriptio non tenebit.
Contra visitantes nemo praescribere potest.
Quia secundum apostolum, qui spiritualia seminat, non est magnum si metat carnalia, (cumnemo suis stipendiis militare cogatur), statuendum est statuimus,9 ne subditus contra superiorem visitationem, aut procurationem ratione visitationis debitam, in seipso praescribere possit. Allegantes igitur se non meminisse procurationem solvisse aut petitam [209v] fuisse, audiendos non fore decernimus; sed negantes poena condigna afficiendos., N/nec non ad condignam satisfactionem compellendos, quacunque praescriptione temporis non obstante, statuimus.
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- Information
- Tudor Church ReformThe Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum, pp. 632 - 639Publisher: Boydell & BrewerPrint publication year: 2000