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
42 - Of Possession
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
The burden of proving that his possessions belong to him does not lie with the possessor, since if the plaintiff cannot prove his case, control ought to remain with the possessor.
In the right of possession, the one who can give proof that he had more ancient possession shall be considered the superior and the winner, especially if his claim is backed by some title, unless the other party produces better and more effective proofs which justify his possession.
Pursue the possessions which you say belong to you by means of judgments, for the burden of proving that they belong to the possessor does not lie with him, since if you give up the trial, control will remain with him.
Someone who possesses things which do not belong to him is not forced to restore them, even if by chance he has no just cause for holding them, except to the one who proves his case.
[Nevertheless] if someone has gained possession of someone else's goods by fraud or violence, that possession shall not only be of no benefit to him, but shall subject him to a greater burden of proof, if he later states that the thing in question is either his or is owed to him.
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- Tudor Church ReformThe Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum, pp. 574 - 575Publisher: Boydell & BrewerPrint publication year: 2000