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ROGER OF WENDOVER Flowers of history. The history of England from the descent of the saxons to A.D. 1235. vol.1

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ROGER OF WENDOVER
Flowers of history. The history of England from the descent of the saxons to A.D. 1235. vol.1
page 545



ROGER OP -VVENDOVEE. [A .D. 1164. II. Churches of the king's fee shall not be given in perpetuity without his consent and licence. III . Clerks accused of any crime, shall be summoned by the king's justice into the king's court, to answer there for whatever the king's court shall determine they ought to answer there, and in the ecclesiastical court, for whatever it shall be determined that they ought to answer there ; yet so that the king's justice shall send into the court of holy church to see in what way the matter shall there be handled; and if the clerk shall confess or be convicted, the church for the future shall not protect him. IV . No archbishop, bishop, or other exalted person, shall leave the kingdom without the king's licence; and if they wish to leave it, the king shall be empowered, if he pleases, to take security from them, that they will do no harm to the king or kingdom, either in going, or remaining, or in returning. V . Persons excommunicated are not to give bail, ad remanent, nor to make oath, but only to give bail and pledge that they will stand by the judgment of the church where they are absolved. VI . Laics shall not be accused, save by certain legal accusers and witnesses in presence of the bishop, so that the archdeacon may not lose his rights, or anything which accrues to him therefrom. And if those who are arraigned are such as no one is willing or dares to accuse them, the sheriff on demand from the bishop shall cause twelve loyal men of the village to swear before the bishop that they will declare the truth in that matter according to their conscience. VII. No one who holds of the king in chief, nor any of his domestic servants, shall be excommunicated, nor their lands be put under an interdict, until the king shall be consulted, if he is in the kingdom ; or, if he is abroad, his justiciary ; that he may do what is right in that matter ; and so that whatever belongs to the king's court may therein be settled, and the s ime on the other hand of the ecclesiastical court. VIII . Appeals, if they arise, must be made from the archdeacon to the bishop, and from the bishop to the archbishop ; and if the archbishop shall fail in administering justice, the parties shall come before our lord the king, that by his precept the controversy may be terminated in the archbishop's court, so that it may not proceed further without the consent of our lord the king. IX. If a dispute shall arise between a clerk and a laic, or between a laic and a clerk, about a tenement, which the clerk wishes to claim as eleemosynary, but the laic claims as lay fee, it shall be settled by the declaration of twelve loyal men, through the agency of the king's capital justice, whether the tenement is eleemosynary or lay fee, in presence of the king's justice. And if it shall be declared that it is eleemosynary, it shall be pleaded in the ecclesiastical court ; but if a lay-fee, unless both shall claim the tenement of the same bishop or baron, it shall be pleaded in the king's court ; but if both shall claim of that fee from the same bishop or baron, it shall be pleaded in his court, yet so that the declaration above-named shall- not deprive of seizing him who before was seized, until he shall be divested by the pleadings. X. If any man belonging to a city, castle, borough, or king's royal manor, shall be summoned by the archdeacon or bishop to answer for a crime, and shall not comply with the summons, it shall be lawful to place him under


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