❧
The
.viii.
question
of
the
student
.
The
.x.
Chapitre
.
STudent
.
If
a
man
do
a
trespasse
and
after
make
his
executours
and
dye
byfore
any
amendes
made
whether
be
his
executours
bounde
in
coscience
to
make
amendes
for
the
trespasse
if
they
haue
sufficient
goodes
therto
though
there
be
no
remedy
agaynst
them
be
the
lawe
to
compel
them
to
it
.
¶
Doctour
.
It
is
no
doute
but
they
are
bounde
therto
in
conscience
byfore
any
other
dede
in
charite
that
they
may
do
for
hym
of
theyr
owne
deuotion
.
¶
Stu.
Than
wolde
I
wete
if
the
testatour
made
legacies
by
his
wyll
/
whether
the
executores
be
bound
to
do
fyrst
/
that
is
to
say
/
to
make
amendes
for
the
trespasse
or
to
paye
the
legacies
/
in
case
they
haue
no
goodes
to
do
bothe
.
¶
Doctoure
.
To
pay
legacies
.
For
if
they
shulde
fyrst
make
recompence
for
the
trespasse
/
and
than
haue
nat
sufficiente
to
pay
the
legacies
:
they
shulde
be
taken
in
the
lawe
as
wasters
of
theyr
testatours
goodis
for
they
were
nat
compellable
by
no
lawe
to
make
amendes
for
the
trespasse
bycause
euery
trespas
dyeth
with
the
persone
/
but
the
legacies
they
shulde
be
compelled
by
the
lawe
spirituall
to
fulfyl
/
and
so
they
shulde
be
compelled
to
paye
the
legacies
of
theyr
owne
goodes
/
and
they
shall
nat
be
compelled
therto
by
no
lawe
ne
conscience
/
but
if
the
case
were
that
he
leue
sufficient
goodes
to
do
both
:
than
me
thynketh
they
be
bounde
to
do
both
/
&
that
they
be
bounden
to
make
amendes
for
the
trespasse
byfore
they
may
do
any
other
charitable
dede
for
the
testatoure
of
theyr
owne
mynde
as
I
haue
said
byfore
/
excepte
the
funerall
expences
that
be
necessary
whiche
muste
be
alowed
byfore
all
other
thynges
.
¶
Student
.
And
what
the
prouyng
of
the
testament
.
¶
Doctour
.
The
ordinarie
may
nothyng
take
by
conscience
therfore
/
if
there
be
nat
sufficient
goodes
besyde
for
the
funeralles
to
pay
the
dettes
and
to
make
restitucion
.
And
in
lyke
wyse
the
executours
ben
bounde
to
pay
dettes
vpon
a
simple
contracte
byfore
any
other
dede
of
charite
that
they
maye
do
for
theyr
testatoure
of
theyr
owne
deuocion
thoughe
they
shal
nat
be
compelled
therto
by
the
lawe
.
¶
Student
.
And
whether
thinkest
thou
that
they
be
bounde
to
do
fyrste
/
that
is
to
say
/
to
make
amendis
for
the
trespasse
or
to
pay
the
dettes
vpon
a
simple
contracte
.
¶
Doctoure
.
To
pay
the
dettes
for
that
is
certayne
and
the
trespas
is
arbitrable
.
¶
Student
.
Than
for
the
playner
declaracion
of
this
matter
and
other
lyke
I
praye
the
shewe
me
thy
mynde
by
what
lawe
it
is
that
a
man
maye
make
executours
and
that
the
executours
if
they
take
vpon
them
be
bounde
to
perfourme
the
wyl
and
to
dispose
the
goodis
that
remayne
for
the
testatour
.
¶
Doctour
.
I
thynke
that
it
is
by
the
lawe
of
reason
.
¶
Student
.
And
me
thynketh
it
shulde
be
rather
by
the
custome
of
the
realme
.
¶
Doctour
.
In
al
contreys
&
in
all
landes
they
make
executours
¶
Student
.
That
semeth
to
be
rather
by
a
generall
custome
after
that
the
lawe
and
custome
of
propertie
was
brought
in
than
by
the
lawe
of
reason
/
for
as
longe
as
all
thynges
were
in
comon
:
there
were
no
executours
ne
wylles
ne
they
neded
nat
than
/
and
whan
property
was
after
brought
in
:
me
thynketh
that
yet
makynge
of
executours
&
disposyng
of
goodis
by
wyll
after
a
mannes
deth
folowed
nat
necessarely
there
vpon
/
for
it
myght
haue
ben
made
for
a
law
that
a
man
shulde
haue
had
the
ꝓpertie
of
his
goodis
only
duryng
his
lyfe
/
&
that
than
his
dettes
payed
/
all
his
goodis
to
haue
ben
lefte
to
his
wyfe
&
clyldren
or
nexte
of
his
kynne
without
any
legacies
makyng
ther
of
&
so
myght
it
nowe
be
ordeyned
by
statute
/
&
the
statut
good
&
nat
against
reason
/
wherfor
it
appereth
that
executours
haue
no
auctorite
by
the
law
of
reason
but
by
the
lawe
of
man
.
And
by
the
olde
lawe
and
custome
of
this
realme
a
man
may
make
executours
and
dispose
his
goodis
by
his
wyl
/
&
than
his
executours
shall
haue
the
execucion
therof
&
his
heyres
shal
haue
nothing
/
but
if
any
particuler
custome
helpe
/
&
the
executours
shall
also
haue
the
hole
possession
ad
disposicion
of
all
his
goodes
and
catels
/
as
well
reall
as
personal
/
thoughe
no
worde
be
expressely
spoken
in
the
wyl
that
they
shall
haue
them
/
and
they
shall
haue
also
accions
to
recouer
al
dettes
due
to
the
testatour
thoughe
all
dettes
and
legacies
of
the
testatour
by
payed
byfore
/
and
shall
haue
the
disposicion
of
them
to
the
vse
of
the
testatour
and
nat
to
theyr
owne
vse
/
&
so
me
thynketh
that
the
auctorite
to
make
executours
and
that
they
shall
dispose
the
goodes
for
the
testatour
:
is
by
the
custome
of
the
realme
.
But
than
I
thynke
as
thou
sayest
that
by
the
lawe
of
god
they
shal
be
bounde
to
doo
that
fyrste
/
that
is
to
the
moste
profite
of
the
soule
of
theyr
testatour
where
the
disposicion
therof
is
lefte
to
theyr
discrecion
/
and
that
I
agre
wel
is
to
pay
dettes
vpon
contractes
and
to
make
amendes
for
wronges
done
to
the
testatour
thoughe
they
be
nat
compelled
therto
by
the
lawe
and
custome
of
the
realme
if
ther
be
none
other
dette
nor
legacie
that
they
be
bounde
to
paye
by
the
lawe
/
but
if
two
seuerall
dettes
be
payable
by
the
lawe
:
than
which
dette
they
shall
do
fyrst
in
conscience
:
I
am
somwhat
in
doute
.
¶
Doctoure
.
Let
vs
fyrste
knowe
what
the
comon
lawe
is
therin
.
¶
Student
.
The
comon
lawe
is
that
if
the
testatoure
owe
.x.
li.
to
two
men
seuerally
by
obligacion
or
by
suche
other
maner
that
an
accion
lyeth
agaynst
his
executours
therof
by
the
lawe
/
and
he
leueth
goodes
to
pay
the
one
and
nat
both
/
that
in
that
case
he
that
can
fyrst
optaine
his
iugement
agaynst
the
executours
shal
haue
execucion
of
the
hole
/
and
the
other
shall
haue
nothynge
/
but
to
whiche
of
them
he
shall
in
conscience
owe
his
fauoure
:
the
comon
lawe
treateth
nat
.
¶
Doctour
.
Ther
in
muste
be
considered
the
cause
why
the
dettes
beganne
/
and
than
he
must
after
conscience
bere
his
lawfull
fauoure
to
him
that
hathe
the
clerest
cause
of
dette
/
and
if
both
haue
lyke
cause
:
than
in
conscience
he
muste
bere
his
fauoure
where
is
moste
nede
and
greatest
charite
.
¶
Student
.
May
the
executours
in
that
case
delay
that
accion
that
is
fyrst
taken
if
it
stande
nat
with
so
good
conscience
to
be
payed
as
a nother
dette
wherof
no
accion
is
brought
and
procure
that
an
accion
may
be
brought
therof
and
than
to
confesse
that
accion
/
that
he
maye
so
haue
execucion
/
and
than
the
executours
to
be
discharged
agaynst
the
other
.
¶
Doctour
.
Why
may
he
nat
in
that
case
pay
the
other
without
accion
and
so
be
discharged
in
the
lawe
agaynst
the
fyrste
.
¶
Sudent
.
No
verely
for
after
an
accion
is
taken
the
executoure
maye
nat
ministre
the
goodes
so
/
but
that
he
leue
so
moch
as
shall
pay
the
dette
wherof
the
accion
is
taken
/
&
if
he
do
he
shall
paye
it
of
his
owne
goodes
/
excepte
a nother
recouer
and
haue
iugement
agaynst
hym
hangynge
that
accion
and
that
without
couyn
.
¶
Doctour
.
Than
to
answere
to
thy
question
I
thynke
that
by
delayes
that
be
lawfull
as
by
Essoyne
/
emperlaunce
/
or
by
a
Dilatory
plee
in
abatement
of
the
wrytte
that
is
true
/
he
may
delay
it
/
but
he
may
plede
no
vntrue
ple
to
preferre
the
other
to
his
duetie
.
But
I
pray
the
what
is
the
lawe
of
legacies
restitucions
and
dettes
vpon
contractes
that
perease
ought
rather
after
charite
to
be
payed
than
a
dette
vpon
an
obligacion
what
may
the
fauoure
of
the
executoures
do
in
those
cases
.
¶
Student
.
Nothynge
for
if
they
eyther
perfourme
legacies
/
make
restitucions
/
or
paye
dettes
vpon
contractes
&
kepe
nat
sufficient
to
paye
dettes
whiche
they
are
compellable
by
the
lawe
to
paye
/
that
shal
be
taken
as
a
deuastauerunt
bona
testatoris
/
that
is
to
saye
/
that
they
haue
wasted
the
goodes
of
theyr
testatour
and
therfore
they
shal
be
compelled
to
paye
the
dettes
of
theyr
owne
goodes
/
and
so
it
is
if
they
paye
a
dette
vpon
an
obligacion
wherof
the
day
is
yet
to
come
thoughe
it
be
the
clerer
dette
&
that
it
be
the
more
charite
to
haue
it
payed
.
¶
Doc.
yet
in
that
case
if
he
to
whome
the
dette
is
al
redy
owynge
forbere
tyl
after
the
daye
of
the
other
obligacion
is
paste
/
than
he
may
paye
him
without
daunger
.
¶
Student
.
That
is
true
if
there
be
no
accion
taken
vpon
it
&
though
there
be
/
yet
if
that
accion
may
be
delayd
by
lawfull
meanes
as
thou
hast
spoken
of
byfore
:
tyll
after
the
day
and
than
an
accion
is
taken
vpon
it
than
may
the
executours
confesse
that
accion
and
than
after
iugement
he
may
paye
the
dette
without
daunger
of
the
lawe
.
¶
Doctour
.
Is
nat
that
confessyng
of
the
accion
so
done
of
purpose
a
couyn
in
the
lawe
.
¶
Student
.
No
verely
/
for
couyn
is
where
the
accion
is
vntrue
/
and
nat
where
the
executours
bere
a
lawfull
fauoure
.
¶
Doctour
.
The
ordinary
vpon
the
accompte
in
all
the
cases
byfore
reherced
wyl
regarde
moche
what
is
best
for
the
testatour
.
¶
Student
.
But
he
maye
nat
dryue
them
to
accompte
agaynst
the
order
of
the
comon
lawe
.
❧
The
.xiiii.
question
of
the
student
.
The
.xvi.
Chapitre
.
STudent
.
A
rent
is
graunted
to
a
man
in
fee
to
perceyue
of
two
acres
of
land
/
and
after
the
grauntour
enfeoffeth
the
grauntee
of
one
of
the
sayd
acres
/
whether
is
the
hole
rente
extyncte
therby
in
conscience
as
it
is
in
the
lawe
.
¶
Doctour
.
Thy
case
is
somwhat
vncertayne
/
for
it
appereth
nat
whether
the
grauntour
enfeoffed
hym
on
truste
:
or
that
he
gaue
the
acre
to
hym
of
his
mere
mocion
to
the
vse
of
the
sayd
feoffe
/
or
els
that
the
feoffement
was
made
vpon
a
bargayne
/
and
if
it
were
but
onely
a
feoffement
of
truste
/
than
I
thinke
the
hole
rent
abydeth
in
conscience
though
it
be
extyncted
in
the
lawe
/
and
fyrste
that
it
continueth
in
that
case
in
conscience
/
for
that
parte
that
the
grauntee
hathe
to
the
vse
of
the
grauntour
/
it
is
euidente
/
for
he
may
nat
take
the
profytes
of
the
lande
/
and
it
is
agaynste
conscience
that
he
shulde
lese
bothe
/
and
in
lyke
wyse
it
abydeth
in
conscience
for
the
acre
that
remayneth
in
the
handes
of
the
grauntour
thoughe
it
be
extyncte
in
the
lawe
/
for
there
was
a
defaute
in
the
grauntoure
that
he
wolde
make
the
feoffement
to
the
grauntee
as
well
as
ther
was
in
the
grauntee
to
take
it
.
And
it
is
no
conscience
that
of
his
owne
defaute
he
shulde
take
so
great
auayle
to
be
discharged
of
the
hole
rent
seynge
that
the
feoffement
was
made
to
his
owne
vse
.
And
if
the
feoffement
were
made
vpon
a
bargayne
and
a
contracte
betwene
them
/
than
it
is
to
se
whether
they
remembred
the
rent
in
in
theyr
bargayne
/
or
that
they
remembred
it
nat
/
&
if
they
remembred
it
in
theyr
bargayne
and
contracte
/
than
conscience
must
folowe
the
bargaine
/
as
thus
if
they
agreed
that
the
grauntee
shulde
haue
the
rent
after
the
porcion
in
the
other
acre
than
by
conscience
he
ought
to
haue
it
thoughe
it
be
extincted
in
the
lawe
.
And
if
they
agreed
that
the
hoole
rente
shulde
be
extyncte
and
made
theyr
pryce
accordynge
than
it
is
extyncte
in
lawe
and
conscience
/
and
if
they
clerely
forgete
it
and
made
no
mencion
of
it
/
or
for
lacke
of
connynge
toke
the
lawe
to
be
that
it
shulde
continue
in
the
other
acre
after
the
porcion
and
made
theyr
price
accordynge
/
ponderynge
onely
the
value
of
the
acre
that
was
solde
:
than
me
thynketh
/
it
dothe
continue
in
conscience
after
the
porcion
/
and
if
the
feoffement
were
made
to
the
vse
of
the
grauntee
/
than
it
semeth
the
hole
rente
is
extyncte
in
lawe
and
conscience
.
¶
Student
.
Than
take
that
to
be
the
case
/
that
is
to
saye
/
that
the
feoffement
was
made
to
the
vse
of
the
grauntee
.
¶
Doctoure
.
What
is
than
thyne
opinion
therin
.
¶
Student
.
That
the
rente
shulde
abyde
in
conscience
after
the
porcion
for
the
acre
that
remayneth
in
the
handes
of
the
grauntoure
natwithstandynge
it
be
extyncte
in
the
lawe
.
¶
Doctoure
.
Than
shewe
me
thyne
opinion
in
this
that
I
shall
aske
the.
Of
what
lawe
is
it
that
grauntes
of
rent
and
of
suche
other
profites
out
of
landes
maye
be
made
and
that
they
shal
be
good
and
effectual
to
the
grauntees
/
whether
is
it
by
the
lawe
of
reason
or
by
the
lawe
of
god
or
by
the
custome
and
lawe
of
the
realme
.
¶
Studente
.
I
thinke
it
is
by
the
lawe
of
reason
/
for
by
the
same
reason
that
a
man
may
gyue
awaye
all
his
landes
:
he
maye
as
it
semethe
gyue
awaye
the
profytes
therof
or
graunte
a
rent
out
of
the
lande
if
he
wyl
.
¶
Doctour
.
But
than
by
what
lawe
is
it
that
a
man
maye
gyue
awaye
his
landes
/
I
trowe
by
none
other
lawe
but
by
the
custome
of
the
realme
/
for
by
statute
all
alienacions
and
gyftes
of
landes
maye
be
prohibite
/
and
than
that
reason
proueth
nat
that
grauntes
of
the
ꝓfytes
of
lande
or
of
a
rent
shuld
be
good
by
cause
he
maye
alien
the
lande
/
if
alienacions
of
lande
be
by
custome
and
nat
by
the
lawe
of
reason
as
I
suppose
it
is
/
wherof
I
touched
somwhat
in
our
fyrste
dialogue
in
latyne
the
.xix.
Chapitre
.
And
also
if
grauntes
shulde
haue
theyr
effecte
by
the
lawe
of
reason
:
than
reason
wolde
that
they
shulde
be
good
by
the
onely
word
of
the
grauntoure
as
well
as
by
his
dede
/
&
that
is
nat
so
/
for
without
dede
the
graunt
of
rent
is
voyde
in
the
lawe
and
so
my
thinketh
that
grauntes
haue
theyr
effecte
onely
by
the
lawe
of
the
realme
.
¶
Student
(
Admyt
it
to
be
so
)
what
meanest
thou
therby
¶
Doctour
.
I
shal
shewe
the
here
after
as
I
shall
shewe
the
the
cause
why
I
thynke
the
rente
is
extyncte
in
conscience
as
well
as
in
lawe
.
And
fyrste
as
I
take
it
the
reason
why
it
is
extyncte
in
the
lawe
is
bycause
the
rent
by
the
fyrst
graunt
was
goynge
out
of
bothe
acres
/
and
was
nat
goyng
parte
out
of
the
one
acre
and
part
out
of
the
other
/
but
the
hole
rent
was
goyng
out
of
bothe
/
and
than
whan
the
grauntee
of
his
one
foly
wyll
take
estate
in
the
one
acre
wherby
that
acre
is
discharged
/
than
the
other
acre
also
muste
be
discharged
oneles
it
shulde
be
apporcioned
and
the
law
wyl
nat
that
any
apporcionemēt
shulde
be
in
that
case
/
but
rather
in
as
moche
as
the
partie
hathe
by
his
owne
acte
discharged
the
one
acre
:
the
lawe
dischargeth
also
the
other
/
rather
than
to
suffre
the
other
acre
to
be
charged
contrarie
to
the
fourme
of
the
graunte
/
for
this
rent
begynneth
all
by
the
acte
of
the
party
and
as
I
haue
herde
is
called
a
rent
agaynst
comon
ryght
/
wherfore
it
is
nat
fauored
in
the
law
as
a
rent
seruice
is
/
and
than
me
thynketh
that
for
as
moch
as
it
is
nat
grounded
by
the
lawe
of
reason
that
grauntes
of
rent
shulde
be
made
out
of
lande
/
but
by
the
custome
and
law
of
the
realme
as
I
haue
sayd
byfore
/
that
so
in
lyke
wyse
it
remayneth
to
the
lawe
and
custome
of
the
realme
to
determine
howe
long
suche
rentes
shall
continue
.
And
whan
the
lawe
iugeth
suche
rentes
to
be
voyde
:
I
suppose
that
so
doth
conscience
also
/
except
the
iugement
of
the
lawe
be
agaynste
the
lawe
of
reason
or
the
lawe
of
god
/
as
it
is
nat
in
this
case
for
in
this
case
he
that
taketh
the
feoffement
hath
profite
by
the
feoffement
/
and
knoweth
that
he
hath
suche
a
rent
out
of
the
lande
/
and
that
his
purchace
shulde
extynct
it
/
wherby
it
appereth
that
he
asienteth
vnto
the
lawe
wherto
he
was
nat
compelled
/
and
that
is
his
owne
acte
and
his
owne
defaut
so
to
do
/
whiche
shall
extyncte
his
hole
rent
as
well
in
consciente
as
in
the
lawe
.
But
if
he
haue
no
ꝓfyte
of
the
lande
or
be
ignoraunt
that
he
hathe
suche
a
rent
out
of
the
lande
whiche
is
called
ignoraunce
of
the
dede
/
or
if
he
be
ignoraunt
that
the
lawe
wolde
extyncte
his
hole
rent
therby
/
which
is
called
ignoraunce
of
the
lawe
/
than
me
thynkethe
it
remayneth
in
conscience
after
the
porcion
.
¶
Student
.
Ignoraunce
of
the
lawe
or
of
the
dede
helpeth
nat
but
in
fewe
cases
in
the
lawe
of
Englande
.
¶
Doctoure
.
And
therfore
it
muste
be
refourmed
by
conscience
/
that
is
to
say
by
the
lawe
of
reason
/
for
whan
the
generall
maximes
of
the
lawe
be
in
any
particuler
cases
against
the
lawe
of
reason
as
this
maxime
semeth
to
be
bycause
it
excepteth
nat
them
that
be
ignoraunt
thoughe
it
be
an
ignoraunce
in
vincible
than
do
they
nat
agree
with
the
lawe
of
reason
.
¶
Student
.
We
thynketh
that
ignoraunce
in
this
case
helpeth
lytell
/
for
whan
a
man
byethe
any
lande
or
taketh
it
of
the
gyfte
of
any
other
he
taketh
it
at
his
peryl
/
so
that
if
the
tytle
be
nat
good
:
ignoraunce
can
nat
helpe
/
for
the
byer
muste
byware
what
he
byeth
/
and
so
in
this
case
if
the
takyng
of
the
one
acre
shulde
extincte
the
hole
rent
in
conscience
if
he
were
nat
ignoraunt
/
some
thynketh
it
shulde
in
lyke
wyse
extincte
it
also
thoughe
he
be
ignoraunt
of
the
lawe
or
of
the
dede
/
for
euery
man
must
be
compelled
to
take
notyce
of
his
owne
tytle
:
and
out
of
what
lande
his
rent
is
goynge
/
&
some
thynketh
ignoraunce
is
but
lytell
to
be
considered
in
this
case
.
¶
Doctour
.
If
a
man
bye
lande
or
take
it
of
the
gyfte
of
an
other
:
it
is
reason
that
he
take
it
with
the
peryll
though
he
be
ignoraunt
that
a nother
hath
ryght
/
for
it
were
nat
standynge
with
reason
that
his
ignoraunce
shulde
extyncte
the
ryght
of
a nother
/
but
in
this
case
ther
is
no
doute
of
the
ryght
of
the
lande
/
but
al
the
doute
is
howe
the
rent
shal
be
ordred
in
conscience
if
he
that
hathe
the
rente
take
parte
of
the
lande
/
and
therin
is
great
diuersite
bytwene
hym
that
is
ignoraunt
in
the
lawe
/
and
him
that
knoweth
the
lawe
/
and
knowethe
well
also
that
he
hathe
a
rent
out
of
that
land
and
other
.
For
I
put
case
that
he
asked
counsayle
of
the
grauntour
hym selfe
therin
and
he
saynge
as
he
thought
tolde
him
that
the
takyng
of
the
one
acre
shuld
nat
extyncte
the
rent
but
for
the
porcion
:
and
so
he
thynkynge
the
lawe
to
be
:
toke
the
other
acre
of
his
gyfte
.
Is
it
nat
reasonable
in
that
case
that
that
ignoraunce
shulde
saue
the
rent
in
conscience
.
¶
Student
.
yes
/
for
there
the
grauntour
hym selfe
is
partie
to
his
ignoraunce
and
is
in
maner
the
cause
therof
.
¶
Doctour
.
And
me
thynkethe
all
is
one
if
any
other
had
shewed
hym
so
/
or
if
he
had
asked
no
counsayle
at
all
/
for
me
thynkethe
it
suffiseth
in
this
case
that
he
be
ignoraunt
of
the
lawe
/
for
why
/
it
is
more
harde
in
this
cas
to
proue
that
the
rent
shulde
be
extyncte
in
conscience
thoughe
he
knowe
it
shal
be
extyncted
in
the
lawe
:
than
to
proue
that
it
continueth
in
conscience
after
the
porcion
if
he
be
ignorant
/
&
thou
thy self
were
of
the
same
opinion
/
as
it
appereth
in
the
begynnynge
of
this
present
Chapitre
/
but
if
that
opinion
were
true
:
it
wolde
be
hard
to
ꝓue
but
that
the
sayd
generall
maxime
were
holly
agaynste
reason
/
&
than
it
were
voyd
/
but
I
haue
sufficiently
answered
therto
as
me
semethe
/
and
that
it
is
extyncte
in
the
lawe
and
also
in
conscience
/
excepte
ignoraunce
helpe
it
to
be
apporcioned
.
And
more
ouer
for
as
moch
as
apporcionemēt
is
suffred
in
the
lawe
where
parte
of
the
land
discendeth
to
the
grauntee
bycause
no
defaute
can
be
assigned
in
hym
/
so
me
thynketh
no
defaute
can
be
assigned
in
hym
in
conscience
whan
he
is
ignoraunt
of
the
lawe
or
of
the
dede
thoughe
suche
ignoraunce
do
nat
excuse
in
the
lawe
of
the
realme
.
¶
Student
.
I
am
contente
with
thyne
opinion
in
this
behalfe
at
this
tyme
.
❧
The
.xvii.
question
of
the
student
.
The
.xix.
Chapitre
.
STudent
.
A
man
hath
a
vylleyne
for
terme
of
lyfe
the
vylleyne
purchaseth
landes
in
fee
as
in
the
case
in
the
laste
Chapitre
and
the
tenaunt
for
terme
of
lyfe
entreth
and
after
the
vylleyne
dyeth
/
he
in
the
reuercion
pretendynge
that
the
tenaunt
for
terme
of
lyfe
hath
nothyng
in
the
land
but
for
terme
of
lyfe
of
the
vylleine
/
asketh
counsayle
of
one
that
sheweth
him
that
he
hath
good
ryght
to
the
lande
and
that
he
may
lawfully
entre
/
and
through
that
counsayle
he
in
the
reuercion
entreth
/
by
reason
of
the
whiche
entre
great
sutes
and
expences
folowe
in
the
lawe
to
the
great
hurte
of
bothe
parties
/
what
daunger
is
this
to
hym
that
gaue
the
counsayle
.
¶
Doctour
.
Whether
meanest
thou
that
he
that
gaue
the
counsayle
gaue
it
wyttyngly
agaynste
the
lawe
/
or
that
he
was
ignoraunt
of
the
lawe
.
¶
Student
.
That
he
was
ignoraunt
of
the
lawe
for
if
he
knewe
the
lawe
&
gaue
counsayle
to
the
contrarie
I
thynke
hym
bounde
to
restitucion
both
to
hym
against
whome
he
gaue
the
counsayle
/
and
also
to
his
client
if
he
wolde
nat
haue
sued
but
for
his
counsayle
of
all
that
they
be
dampnified
by
it
.
¶
Doctour
.
Than
wyl
I
yet
ferther
aske
the
this
question
/
whether
he
of
whome
he
asked
counsayle
gaue
hym selfe
to
lernynge
&
to
haue
knowlege
of
the
law
after
his
capacite
or
that
he
toke
vpon
him
to
gyue
counsayle
and
toke
no
study
competent
to
haue
lernynge
/
for
if
he
dyd
so
I
thynke
he
be
bounden
in
conscience
to
restitucion
of
all
the
costes
and
damages
that
he
susteyned
to
whome
he
gaue
counsayle
if
he
wolde
nat
haue
sued
but
throughe
his
counsaile
.
And
also
to
the
other
partie
/
but
if
a
man
that
hathe
taken
sufficient
studye
in
the
lawe
/
mystake
the
lawe
in
some
point
that
is
harde
to
come
to
the
knowle
of
:
he
is
nat
bounden
to
suche
restitucion
/
for
he
hath
done
that
in
him
is
/
but
if
suche
a
man
knowyng
the
lawe
gyue
counsayle
agaynst
the
lawe
:
he
is
bounde
in
conscience
to
restitucion
of
costes
&
damages
as
thou
hast
sayd
byfore
/
and
also
to
make
amendes
for
the
vntrouthe
.
¶
Student
.
What
if
he
aske
counsayle
of
one
that
he
knowethe
is
nat
lerned
and
he
gyueth
him
counsayle
in
this
case
to
entre
by
force
wherof
he
entreth
.
¶
Doctoure
.
Than
be
they
bothe
bounde
in
conscience
to
restitucion
/
that
is
to
say
/
the
party
if
he
be
sufficient
and
els
the
counsayloure
bycause
he
assented
and
gaue
counsayle
to
the
wronge
.
¶
Student
.
But
what
is
the
counsaylloure
in
that
case
bounden
to
/
to
hym
that
he
gaue
counsayle
to
.
¶
Doctoure
.
To
nothynge
for
there
was
as
moche
defaut
in
him
that
asked
the
counsayle
as
in
hym
that
gaue
it
/
for
he
asked
counsayle
of
hym
that
he
knewe
was
ignoraunt
/
and
in
the
other
was
defaut
for
the
presumpcion
that
he
wolde
take
vpon
him
to
gyue
counsaile
in
that
he
was
ignoraunt
in
.
¶
Stud.
But
what
if
he
that
gaue
the
counsayle
knewe
nat
but
that
he
that
asked
it
had
trust
in
hym
that
he
coulde
and
wolde
gyue
hym
good
counsayle
and
that
he
asked
counsayle
for
to
order
wel
his
conscience
howe
be
it
that
the
truth
was
that
he
coulde
nat
so
do
.
¶
Doct.
Than
is
he
that
gaue
the
counsayle
bounden
to
offer
to
the
other
amendes
/
but
yet
the
other
may
nat
take
it
in
conscience
.
¶
Student
.
That
were
somwhat
perilous
for
haply
he
wold
take
it
thoughe
he
haue
no
ryght
to
it
/
excepte
the
worlde
be
well
amended
.
¶
Doc.
What
thynkest
thou
in
that
amendement
.
¶
Sudent
.
I
trust
euery
man
wyl
do
nowe
in
this
worlde
as
they
wolde
be
done
to
/
speake
as
they
thynke
/
restore
where
they
haue
done
wrong
/
refuse
money
if
they
haue
no
ryght
to
it
though
it
be
offred
them
do
that
they
ought
for
to
do
by
conscience
/
though
they
can
nat
be
compelled
to
it
by
no
lawe
&
that
none
wyl
gyue
counsaile
but
that
they
shal
thynke
to
be
accordynge
to
conscience
/
and
if
they
do
:
to
do
that
they
can
to
refourme
it
/
and
nat
to
entremit
them selfe
with
suche
maters
as
they
be
ignoraunt
in
/
but
in
suche
cases
to
sende
them
that
aske
the
counsayle
to
other
that
they
shall
thynke
be
more
connynge
than
they
are
.
¶
Doct.
It
were
very
well
if
it
were
as
thou
haste
sayd
/
but
the
more
petie
is
:
it
is
nat
alwaye
so
/
&
specially
there
is
great
defaute
in
gyuers
of
counsayle
/
for
some
for
theyr
owne
lucre
and
profyte
gyue
counsayle
to
conforte
other
to
sue
that
they
knowe
haue
no
ryght
/
but
I
truste
there
be
but
fewe
of
them
/
&
some
for
drede
/
some
for
fauoure
/
some
for
malyce
/
and
some
vpon
confederacies
and
to
haue
as
moche
done
for
them
a nother
tyme
to
hyde
the
trouthe
.
And
some
take
vpon
them
to
gyue
counsayle
in
that
they
be
ignoraunt
in
/
and
yet
whan
they
knowe
the
trouthe
:
wyll
nat
withdrawe
that
they
haue
misdone
/
for
they
thynke
it
shulde
be
greately
to
theyr
rebuke
/
and
suche
persones
folowe
nat
this
counsayle
that
sayth
(
That
we
haue
vnaduisedly
done
:
lette
vs
with
good
aduyse
reuoke
agayne
)
¶
Student
.
And
if
a
man
gyue
counsayle
in
this
realme
after
as
his
lerninge
and
conscience
gyueth
hym
/
and
regardethe
nat
the
lawes
of
the
realme
/
gyueth
he
good
counsayle
.
¶
Doc.
If
the
lawe
of
the
realme
be
nat
in
that
case
agaynst
the
lawe
of
god
nor
agaynste
the
law
of
reason
he
gyueth
nat
good
counsayle
/
for
euery
man
is
bounde
to
folowe
the
lawe
of
the
contrey
where
he
is
/
so
it
be
nat
agaynste
the
sayd
lawes
/
&
so
maye
the
case
be
that
he
may
bynde
hym selfe
to
restitucion
.
¶
Student
.
At
this
tyme
I
wyll
no
ferther
trouble
the
in
this
question
.
¶
What
is
a
nude
contracte
or
naked
promyse
after
the
lawes
of
Englande
/
and
whether
any
accion
may
lye
thervpon
.
The
.xxiiii.
Chapitre
.
¶
STudent
.
Fyrste
it
is
to
be
vnderstande
that
contractes
be
grounded
vpon
a
custome
of
the
realme
and
by
the
law
that
is
called
(
Ius
gentium
)
and
nat
dyrectely
by
the
lawe
of
reason
/
for
whan
all
thynges
were
in
comon
:
it
neded
nat
to
haue
contractes
/
but
after
ꝓperty
was
broughte
in
:
they
were
ryght
expediente
to
all
people
/
so
that
a
man
myght
haue
of
his
neyghboure
that
he
had
nat
of
his
owne
/
and
that
coulde
nat
be
lawfully
but
by
his
gyfte
/
by
way
of
lendynge
/
concorde
/
or
by
some
lease
/
bargaine
/
or
sale
/
and
suche
bargaynes
and
sales
be
called
contractes
/
and
be
made
by
assent
of
the
parties
vpon
agrement
bytwene
them
of
goodes
or
landes
for
money
or
for
for
other
recompence
/
but
of
money
vsuell
/
for
money
vsuell
is
no
contracte
.
Also
a
concorde
is
properly
vpon
an
agrement
bytwene
the
parties
with
diuers
artycles
therin
/
some
rysyng
on
the
one
ꝑt
and
some
on
the
other
/
as
if
Iohan
at
style
letteth
a
chambre
to
Henry
herte
and
it
is
ferther
agreed
bytwene
them
that
the
said
Henry
herte
shall
go
to
borde
with
the
sayd
Iohan
at
style
/
and
the
sayd
Henry
herte
to
paye
for
the
chambre
and
bordynge
a
certayne
summe
.
&c.
this
is
ꝓperly
called
a
concorde
/
but
it
is
also
a
contracte
and
a
good
accion
lyeth
vpon
it
/
Howe beit
it
is
nat
moche
argued
in
the
lawes
of
Englande
what
diuersitie
is
bytwene
a
contracte
/
a
concorde
/
a
ꝓmyse
/
a
gyfte
/
a
loue
/
or
a
pledge
/
a
bargayne
/
a
couenaunt
/
or
suche
other
/
for
the
intente
/
of
the
lawe
is
to
haue
the
effecte
of
the
mater
argued
and
nat
the
termes
/
and
a
nude
contracte
is
where
a
man
makethe
a
bargayne
or
a
sale
of
his
goodes
or
landes
without
any
recompence
appoynted
for
it
.
As
if
I
saye
to
a nother
I
sell
the
all
my
lande
or
all
my
goodes
and
nothyng
is
assigned
that
the
other
shall
gyue
or
pay
for
it
/
that
is
a
nude
contracte
/
and
as
I
take
it
:
it
is
voyde
in
the
lawe
and
conscience
/
and
a
nude
or
naked
promyse
is
where
a
man
promyseth
an
other
to
gyue
hym
certayne
money
suche
a
day
or
to
buylde
hym
an
house
/
or
to
do
hym
suche
certayne
seruyce
/
and
nothynge
is
assigned
for
the
money
/
for
the
buyldynge
/
nor
for
the
seruyce
/
these
be
called
naked
promyses
/
bycause
there
is
nothyng
assigned
why
they
shuld
be
made
/
and
I
thynke
no
accion
lyethe
in
those
cases
thoughe
they
be
nat
perfourmed
.
Also
if
I
promyse
to
a nother
to
kepe
hym
suche
certayne
goodes
sauely
to
such
a
tyme
/
and
after
I
refuse
to
take
them
ther
lyeth
no
accion
againste
me
for
it
/
but
if
I
take
them
and
after
they
be
lost
or
empeyred
throughe
my
negligent
kepynge
/
there
an
accion
lyeth
.
¶
Doctour
.
But
what
opinion
holde
they
that
be
lerned
in
the
law
of
Englande
in
suche
promyses
that
be
called
naked
or
nude
promyses
/
whether
doo
they
holde
that
they
that
make
the
ꝓmyse
be
bounden
in
conscience
to
perfourme
theyr
promyse
thoughe
they
can
nat
be
compelled
therto
by
the
lawe
or
nat
.
¶
Student
.
The
bokes
of
the
lawe
of
Englande
treate
lytell
therof
/
for
it
is
lefe
to
the
determinacion
of
doctoures
/
and
therfore
I
pray
the
shewe
me
somewhat
nowe
of
thy
mynde
therin
/
and
than
I
shall
shewe
the
therin
somwhat
of
the
myndes
of
diuerse
that
be
lerned
in
the
lawe
of
the
realme
.
¶
Doctoure
.
To
declare
that
mater
playnly
after
the
saynge
of
doctoures
:
it
wolde
aske
a
longe
tyme
and
therfore
I
wyl
touche
it
briefly
to
gyue
the
occasion
to
desyre
to
here
more
therin
here
after
.
Fyrste
thou
shalte
vnderstande
that
there
is
a
promyse
that
is
called
an
aduowe
/
&
that
is
a
promyse
made
to
god
/
and
he
that
dothe
make
suche
a
vowe
vpon
a
deliberate
mynde
entendynge
to
perfourme
it
is
bounde
in
conscience
to
do
it
/
thoughe
it
be
onely
made
in
the
herte
without
pronouncynge
of
wordes
/
and
of
other
promyses
made
to
man
vpon
a
certayne
consideracion
/
if
the
promyse
be
nat
agaynste
the
lawe
.
As
if
A.
promyse
to
gyue
B.
xx
.
pounde
/
bycause
he
hathe
made
hym
suche
a
house
or
hathe
lente
hym
suche
a
thynge
or
suche
other
lyke
/
I
thynke
hym
bounde
to
kepe
his
promyse
.
But
if
his
promyse
be
so
naked
that
there
is
no
maner
of
consideracion
why
it
shulde
be
made
/
than
I
thynke
hym
nat
bounde
to
perfourme
it
/
for
it
is
to
suppose
that
there
was
some
errour
in
the
making
of
the
promyse
/
but
if
suche
a
promyse
be
made
to
an
vniuersitie
/
to
a
citie
/
to
the
churche
/
to
the
clergy
/
or
to
pore
men
of
suche
a
place
/
and
to
the
honoure
of
god
or
suche
other
cause
lyke
/
as
for
mayntenaunce
of
lernynge
/
of
the
comon
welthe
/
of
the
seruyce
of
god
/
or
in
relyefe
of
pouertie
or
suche
other
/
than
I
thynke
that
he
is
bounden
in
conscience
to
perfourme
it
thoughe
there
be
no
consideracion
of
worldly
profite
that
the
grauntour
hath
had
or
entendeth
to
haue
for
it
/
and
in
all
suche
promyses
it
must
be
vnderstande
that
he
that
made
the
promyse
intended
to
be
bounde
by
his
ꝓmyse
/
for
els
comonly
after
al
doctoures
he
is
nat
bounde
/
oneles
he
were
bounde
to
it
byfore
his
promyse
.
As
if
a
man
promyse
to
gyue
his
father
a
gowne
that
hathe
nede
of
it
to
kepe
hym
fro
colde
/
and
yet
thinketh
nat
to
gyue
it
hym
/
neuertheles
he
is
bounde
to
gyue
it
for
he
was
bounde
therto
byfore
.
Also
after
some
doctours
a
man
may
be
excused
of
suche
a
promyse
in
conscience
by
a
casualite
that
cometh
after
the
promyse
if
it
be
so
that
if
he
had
knowen
of
that
casualite
at
the
makyng
of
the
ꝓmyse
he
wolde
nat
haue
made
it
.
And
also
suche
promyses
if
they
shall
bynde
they
muste
be
honeste
/
lawful
/
and
possible
/
and
elles
they
are
nat
to
be
holden
in
conscience
though
there
be
a
cause
.
&c.
And
if
the
promyse
be
good
and
with
a
cause
thoughe
no
worldly
profyte
shall
growe
therby
to
him
that
maketh
the
promyse
but
onely
a
spirituall
profyte
as
in
the
case
byfore
rehersed
of
a
ꝓmyse
made
to
an
vniuersitie
/
to
a
citie
/
to
the
churche
/
or
suche
other
and
with
a
cause
/
as
to
the
honoure
of
god
other
/
there
it
is
moste
comonly
holden
that
an
accion
vpon
those
promises
lyeth
in
the
lawe
canon
.
¶
Stu.
Whether
dost
thou
meane
in
suche
promyses
made
to
a
vniuersite
/
to
a
citie
/
or
to
suche
other
as
thou
haste
reherced
byfore
/
&
with
a
cause
/
as
to
the
honoure
of
god
or
suche
other
.
That
the
partie
shal
be
bounde
by
his
promyse
if
he
intended
nat
to
be
bounden
therby
ye
or
nay
.
¶
Doctour
.
I
thynk
naye
no
more
than
vpon
ꝓmyses
made
vnto
comon
persones
.
¶
Student
.
And
than
me
thinketh
clerely
that
no
accion
can
lye
agaynst
hym
vpon
suche
promyses
/
for
it
is
secrete
in
his
owne
concience
whether
he
entended
for
to
be
bounde
or
naye
.
And
of
the
entente
inwarde
in
the
herte
:
mannes
lawe
cane
nat
iuge
/
and
that
is
one
of
the
causes
why
the
lawe
of
god
is
necessarye
(
that
is
to
say
)
to
iuge
inwarde
thynges
/
and
if
an
accion
shulde
lye
in
that
case
in
the
lawe
Canon
/
than
shulde
the
lawe
Canon
iuge
vpon
the
inwarde
intente
of
the
herte
/
whiche
can
nat
be
as
me
semeth
.
And
therfore
after
diuerse
that
be
lerned
in
the
lawes
of
the
realme
:
all
promyses
shall
be
taken
in
this
maner
.
That
is
to
say
:
If
he
to
whome
the
promyse
is
made
:
haue
a
charge
by
reason
of
the
promyse
whiche
hath
also
perfourmed
:
than
in
that
case
he
shall
haue
an
accion
for
that
thynge
that
was
promysed
thoughe
he
that
made
the
promyse
haue
no
worldly
profite
by
it
.
As
if
a
man
saye
to
a nother
/
hee
le
suche
a
pore
man
of
his
dissease
/
or
make
suche
an
hyghe
waye
/
and
I
shall
gyue
the
thus
moche
/
and
if
he
do
it
I
thynke
an
accion
lyeth
at
the
comon
lawe
.
And
more
ouer
thoughe
the
thynge
that
he
shall
do
be
al
spirituall
:
yet
if
he
perfourme
it
I
thynke
an
accion
lyethe
at
the
comon
lawe
.
As
if
a
man
say
to
a nother
/
fast
for
me
all
the
next
Lent
and
I
shall
gyue
the
.xx.
pounde
/
&
he
perfourmethe
it
/
I
thynke
an
accion
lyeth
at
the
comon
lawe
.
And
in
lyke
wyse
if
a
man
saye
to
a nother
mary
my
doughter
and
I
wyll
gyue
the
.xx.
pounde
.
Vpon
this
promyse
an
accion
lyeth
if
he
mary
his
doughter
/
and
in
this
case
he
cane
nat
discharge
the
promyse
thoughe
he
thought
nat
to
be
bounde
therby
/
for
it
is
a
good
contracte
/
and
he
maye
haue
Quid
pro
quo
/
that
is
to
saye
/
the
prefermente
of
his
doughter
for
his
money
.
But
in
those
promyses
made
to
an
vniuersite
or
such
other
as
thou
hast
remembred
byfore
/
with
such
causes
as
thou
hast
shewed
/
that
is
to
say
/
to
the
honoure
of
god
/
or
to
the
encrease
of
lernynge
/
or
suche
other
lyke
/
where
the
ꝑtie
to
whome
the
promyse
was
made
is
bounde
to
no
newe
charge
by
reason
of
the
ꝓmyse
made
to
hym
but
as
he
was
bounde
to
byfore
/
there
they
thynke
that
no
accion
lyeth
agaynst
him
though
he
perfourme
nat
his
promyse
/
for
it
is
no
contracte
/
and
so
his
owne
conscience
must
be
his
iuge
whether
he
intended
to
be
bounde
by
his
promyse
or
nat
.
And
if
he
intended
it
nat
:
than
he
offended
for
his
dissimulacion
only
/
but
if
he
intended
to
be
bounde
:
than
if
he
perfourme
it
nat
:
vntrouthe
is
in
hym
/
and
he
proueth
hym selfe
to
be
a
lyer
whiche
is
ꝓhibited
as
well
by
the
lawe
of
god
as
by
the
lawe
of
reason
/
and
ferthermore
many
of
that
be
lerned
in
the
lawe
of
Englande
holde
that
a
man
is
as
moche
bounden
in
conscience
by
a
promyse
made
to
a
comon
persone
if
he
intended
to
be
bounde
by
his
ꝓmyse
as
he
is
in
the
other
cases
that
thou
haste
remembred
of
a
promyse
made
to
the
churche
/
or
to
the
clergie
/
or
such
other
/
for
they
say
that
as
moche
vntrouth
is
in
the
brekynge
of
the
one
as
of
the
other
/
&
they
say
that
the
vntrouthe
is
more
to
be
pondered
than
the
persone
to
whome
the
promyses
be
made
.
¶
Doctoure
.
But
what
holde
they
if
the
ꝓmyse
be
made
for
a
thing
paste
/
as
I
promyse
the
.xl.
pounde
for
that
thou
hast
buylded
me
suche
a
house
/
lyethe
an
accion
there
.
¶
Student
.
They
suppose
nay
/
but
he
shal
be
bounde
in
conscience
to
perfourme
it
after
his
entente
as
is
byfore
sayd
.
¶
Doctour
.
And
if
a
man
promyse
to
gyue
a nother
.xl.
pounde
in
recompence
for
suche
a
trespas
that
he
hathe
done
hym
/
lyeth
an
accion
there
.
¶
Student
.
I
suppose
nay
/
and
the
cause
is
for
that
suche
ꝓmyse
be
no
perfite
contractes
/
for
a
contracte
is
properly
where
a
man
for
his
money
shall
haue
by
assent
of
the
other
partye
certayne
goodes
or
some
other
profite
at
the
tyme
of
the
contracte
or
after
/
but
if
the
thynge
be
ꝓmysed
for
a
cause
that
is
past
by
way
of
a
recompence
then
it
is
rather
an
accorde
then
a
contracte
/
but
then
the
lawe
is
that
vpon
suche
accorde
the
thynge
that
is
ꝓmysed
in
recompence
muste
be
payde
or
delyuered
in
hande
/
for
vpon
an
accorde
there
lyeth
no
accion
.
¶
Doct.
But
in
the
case
of
trespas
whether
holde
they
that
he
be
bounde
by
his
promise
though
he
intended
nat
to
be
bounde
thereby
.
¶
Student
.
They
thynke
nay
no
more
than
in
the
other
cases
that
be
put
before
.
¶
Doct.
In
the
other
cases
he
was
nat
bounde
to
that
he
promysed
but
onely
by
his
promyse
/
but
in
this
case
of
trespas
he
was
bounde
in
conscience
before
the
promise
to
make
recompence
for
the
trespas
and
therfore
it
semeth
that
he
is
bounde
in
conscience
to
kepe
his
promyse
thoughe
he
intended
nat
to
be
bounden
thereby
.
¶
Stu.
Though
he
were
bounde
before
the
promyse
to
make
recompence
for
his
trespas
yet
he
was
nat
bounden
to
no
summe
in
certayne
but
by
his
promyse
/
and
bycause
that
the
summe
may
be
to
moche
or
to
lytel
and
nat
egal
to
the
trespas
/
and
that
the
party
to
whome
the
trespas
was
done
natwithstandyng
the
promyse
is
at
lyberty
to
take
his
accion
of
trespas
if
he
will
therfore
they
holde
that
he
maye
be
his
owne
iuge
in
conscience
whether
he
intendyd
to
be
bounde
by
his
promyse
or
nat
as
he
may
in
other
cases
/
but
if
it
were
of
a
dette
/
then
they
holde
that
he
is
bounden
to
performe
his
promyse
in
conscience
.
¶
Docctoure
What
if
in
the
case
of
trespas
he
afferme
his
promyse
with
an
othe
.
¶
Student
Then
they
holde
that
he
is
bounde
to
performe
it
for
sauinge
of
his
outhe
thoughe
he
intended
nat
to
be
bounden
but
if
he
intended
to
be
bounde
by
his
promise
/
then
they
say
that
an
othe
nedeth
not
but
to
enforce
the
ꝓmyse
for
they
say
he
breketh
the
lawe
of
reason
whiche
is
that
we
may
do
nothyng
agaynste
the
trouthe
/
as
well
when
he
breketh
his
promyse
that
he
thought
in
his
owne
herte
to
be
bounde
by
as
he
dothe
when
he
breketh
his
othe
thoughe
the
offence
be
not
so
greate
by
reason
of
the
periury
more
ouer
to
that
thou
sayste
that
vpon
suche
promyses
as
thou
hast
rehersyd
before
shal
lye
an
accyon
after
the
lawe
canon
verylye
as
to
that
in
this
realme
there
can
no
accion
lye
theron
in
the
spiritual
courte
if
the
promyse
be
of
a
temporall
thynge
for
a
ꝓhybicion
or
a
premunire
facias
shulde
lye
in
that
case
.
¶
Doctor
.
That
is
meruayle
syth
there
can
no
accyon
lye
theron
in
the
kynges
courte
as
thou
sayst
thy selfe
.
¶
Student
.
That
maketh
no
mater
/
for
though
there
lye
no
accion
in
the
kynges
courte
agaynst
executours
vpon
a
symple
contracte
/
yet
if
they
be
suyd
in
that
case
for
the
dette
in
the
spirituall
court
a
prohybicion
lyeth
.
And
in
lyke
wyse
if
a
man
wage
his
lawe
vntruly
in
an
accyon
of
dette
vpon
a
contracte
in
the
kynges
courte
/
yet
he
shall
not
be
sued
for
that
periury
in
the
spirituall
courte
/
and
yet
no
remedy
lyeth
for
that
periurye
in
the
kynges
courte
/
for
the
prohybicion
lyeth
not
onely
where
a
man
is
sued
in
the
spirituall
courte
of
suche
thynges
as
the
partye
maye
haue
his
remedie
in
the
kynges
courte
but
also
where
the
spirituall
courte
holdeth
plee
in
suche
case
where
they
by
the
kynges
prerogatiue
and
by
the
auncyent
custome
of
the
realme
ought
none
to
holde
.
¶
Doctour
.
I
wyl
take
aduysement
vppon
that
thou
haste
sayde
in
this
matter
tyll
another
tyme
&
I
praye
the
nowe
procede
to
another
questyon
.
¶
The
.xx.
question
of
the
student
.
The
.xxv.
chapitre
.
¶
Student
.
A
man
hath
two
sones
/
one
borne
before
espousels
and
the
other
after
espousels
and
the
father
by
his
wyll
bequetheth
to
hys
sonne
and
heyre
all
hys
goodes
whyche
of
these
two
sonnes
shall
haue
the
goodes
in
conscience
.
¶
Doctoure
.
As
I
sayd
in
our
fyrste
dyalogue
in
latyn
the
last
chapitre
/
the
doute
of
this
case
dependeth
not
in
the
knowyng
what
conscyence
wyll
in
the
case
/
but
rather
in
knowynge
whiche
of
the
sones
shall
be
iuged
heyre
(
that
is
to
saye
)
whether
he
shal
be
taken
for
heyre
that
is
heyre
by
the
spirituall
lawe
or
he
that
is
heyre
by
the
law
of
the
realme
/
or
els
that
it
shal
be
Iuged
for
hym
that
the
father
toke
for
heyre
.
¶
Student
.
As
to
that
poynte
admyt
the
fathers
mynde
not
to
be
knowen
or
els
that
his
mynde
was
that
he
shulde
be
taken
for
heyre
that
sholde
be
iuged
for
heyre
by
that
law
that
in
thꝭ
case
it
ought
to
be
iuged
by
.
And
than
I
pray
the
shewe
me
thy
mynde
therin
/
for
though
the
questyon
be
not
dyrectly
dependynge
vpon
that
poynte
to
se
what
consicence
wyll
in
this
case
/
yet
it
is
ryght
expedient
for
the
well
orderynge
of
conscience
that
it
be
knowen
after
what
lawe
it
shal
be
Iuged
for
if
it
ought
to
be
iuged
after
the
temporall
lawe
who
shulde
be
heyre
:
than
it
were
agaynste
conscience
if
the
Iuges
in
the
spirituall
lawe
shulde
Iuge
hym
for
heyre
that
is
heyre
by
the
spirituall
lawe
/
&
I
thynke
they
shulde
be
bounde
to
restitucion
therby
/
&
therfore
I
pray
the
shewe
me
thyn
oppinion
after
what
lawe
it
shall
be
iuged
.
¶
Doctour
.
Me
thynketh
that
in
this
case
it
shal
be
iuged
after
the
lawe
of
the
churche
/
for
it
apperth
that
the
byquest
is
of
goodes
/
and
therfore
if
any
sute
shal
be
taken
vpon
the
execucyon
of
the
wyll
for
that
bequest
it
muste
be
taken
in
the
spirituall
courte
&
when
it
is
dependynge
in
the
spirituall
courte
me
thynketh
it
muste
be
iuged
after
the
spirituall
lawe
for
of
the
temporall
lawe
they
haue
no
knowlege
/
nor
they
are
not
bounde
to
knowe
it
as
me
thynketh
&
more
stronger
not
to
iuge
after
it
.
But
if
the
byquest
had
ben
of
a
chatell
reall
as
of
a
lease
for
terme
of
yeres
or
of
a
warde
or
suche
other
then
the
matter
shulde
haue
come
in
debate
in
the
kynges
courte
/
and
then
I
thynke
the
iuges
there
shulde
iuge
after
the
lawe
of
the
realme
and
that
is
that
the
yonger
brother
is
heyre
/
and
so
me
thynketh
the
dyuersytye
of
the
courtes
shall
make
the
dyuersytye
of
the
iugement
.
¶
Student
Of
that
myght
folowe
a
greate
inconuenyence
as
me
semeth
/
for
it
myght
be
that
in
suche
case
bothe
chatels
realle
&
chatels
personel
were
in
the
wyll
/
&
than
after
thyne
opinion
the
one
sonne
shulde
haue
the
chatels
personel
:
&
the
othersone
the
chatels
real
&
it
can
nat
be
conuenyently
taken
as
me
thinketh
but
that
the
fathers
wyll
was
that
the
one
sonne
sholde
haue
all
&
not
to
be
deuyded
.
Therfore
me
thynketh
that
he
shal
be
iuged
for
heyre
that
is
heyre
by
the
comon
lawe
.
And
that
the
iuges
spirituall
in
this
case
be
bounde
to
take
notyce
what
the
comon
lawe
is
for
syth
the
thynges
that
be
in
varyaunce
be
temporall
that
is
to
say
/
the
goodes
of
the
father
/
it
is
reason
that
the
ryght
of
them
in
thys
realme
shall
be
determyned
by
the
lawe
of
the
realme
.
¶
Doctoure
.
Howe
maye
that
be
for
the
Iuges
spirituall
knowe
not
the
lawe
of
the
realme
ne
they
can
not
knowe
it
as
to
the
mooste
parte
of
it
for
moche
parte
of
the
lawe
is
in
suche
speche
that
fewe
men
haue
knowlege
of
it
&
there
is
no
meanes
ne
famylyarytye
of
study
bytwene
them
that
lerne
the
sayd
lawes
/
for
they
be
lerned
in
seuerall
places
&
after
dyuers
wayes
&
after
diuers
maners
of
techynges
&
in
diuers
speches
&
comonly
the
one
of
them
haue
none
of
the
bokes
of
the
other
/
and
to
bynde
the
spirituall
Iuges
to
gyue
iugement
after
that
lawe
that
they
knowe
not
/
ne
that
they
can
not
come
to
the
knowlege
of
/
it
semeth
nat
resonable
.
¶
Student
.
They
must
do
therin
as
the
kynges
Iuges
must
do
when
any
matter
cometh
before
them
that
ought
to
be
Iuged
after
the
spirituall
lawe
/
whereof
I
put
dyuers
cases
in
our
fyrste
dialoge
in
englyssh
the
.vii.
chapitre
/
that
is
to
say
/
they
muste
eyther
take
/
knowlege
of
it
by
theyr
owne
studye
/
orelles
they
muste
enquere
of
them
that
be
lerned
in
the
lawe
of
the
churche
what
the
lawe
is
&
in
lykewyse
muste
they
do
.
But
it
is
to
doute
that
some
of
them
wolde
be
lothe
to
aske
any
suche
questyon
in
suche
case
/
or
to
confesse
that
they
are
bounde
to
gyue
theyr
iugement
after
the
temporall
lawe
&
surely
they
may
lyghtly
offend
theyr
conscience
.
¶
Doctoure
.
I
suppose
that
some
be
of
opynion
that
they
are
not
bounden
to
knowe
the
lawe
of
the
realme
and
verelye
to
my
remembraunce
I
haue
not
herde
that
iuges
of
the
spirituall
lawe
are
bounde
to
knowe
the
lawe
of
the
realme
¶
Student
.
And
I
suppose
that
they
are
nat
onely
bounden
to
knowe
the
lawe
of
the
realme
or
to
do
that
in
them
is
to
knowe
it
whan
the
knowlege
of
it
openeth
the
ryght
of
the
matter
that
dependeth
byfore
them
but
that
they
be
also
bounden
to
knowe
where
and
in
what
case
they
ought
to
Iuge
after
it
/
for
in
suche
cases
they
muste
take
the
kynges
lawe
as
the
lawe
spiritual
to
that
poynte
and
are
bounden
in
conscience
to
folowe
it
as
it
may
appere
by
diuers
cases
wherof
one
is
this
.
Two
ioynttenauntes
be
of
goodes
&
the
one
of
them
by
his
laste
wyl
bequeteth
all
his
parte
to
a
straunger
and
maketh
the
other
ioynttenaunt
his
executor
and
dyeth
/
if
he
to
whome
the
bequest
is
made
sue
the
other
iointtenaunt
/
vpon
the
legacie
as
executour
&c.
vpon
this
matter
shewed
/
the
iuges
of
the
spirituall
lawe
are
bounden
/
to
iuge
the
wyll
to
be
voyde
/
by
cause
it
is
voyde
by
the
lawe
of
the
realme
wherby
the
iointtenaunt
hath
right
to
the
hole
goodes
by
the
title
of
the
suruiuour
&
is
iuged
to
haue
the
goodes
as
by
the
fyrst
gyfte
whiche
is
before
the
tytle
of
the
wyl
&
must
therfore
haue
preferrement
as
the
elder
title
&
if
the
iuges
of
the
spiritual
courte
iuge
other
wyse
:
they
are
bounde
to
restitucion
&
by
lyke
reason
the
executours
of
a
man
that
is
outlawed
the
tyme
of
his
dethe
may
dyscharge
them selfe
in
the
spirituall
courte
of
the
perfourmyng
of
legacyes
/
bycause
they
be
chargeable
to
the
kynge
and
yet
there
is
no
suche
lawe
of
outlagary
in
the
spirituall
lawe
.
¶
Doctoure
.
By
occasyon
of
that
thou
haste
sayde
before
I
wolde
aske
of
the
this
question
.
If
a
parson
of
a
churche
alyen
a
porcyon
of
dysmes
accordyng
as
the
spirituall
lawe
hathe
ordeyned
/
is
nat
that
alienacion
sufficient
thoughe
it
haue
nat
the
solempnities
of
the
temporall
lawe
.
¶
Student
.
I
am
in
doute
therin
yf
the
porcion
be
vnder
the
fourth
parte
of
the
value
of
the
churche
but
yf
it
be
to
the
value
of
the
.iiii.
parte
of
the
churche
or
aboue
/
it
is
not
sufficient
and
therfore
was
the
wrytte
of
ryght
of
dysmes
ordeyned
/
&
if
in
a
wrytte
of
ryght
of
dysmes
it
be
Iuged
in
the
kynges
court
for
the
patrone
of
the
successoure
of
him
that
alieneth
bycause
the
alyenacyon
was
nat
made
accordynge
to
the
comon
lawe
/
than
the
Iuges
of
the
spirituall
lawe
are
bounden
to
gyue
theyr
iugement
accordyng
to
the
iugement
gyuen
in
the
kyngs
court
.
And
in
lyke
wyse
if
a
parson
of
a
churche
agre
to
take
a
pencyon
for
the
tythe
of
a
mylle
/
yf
the
pencyon
be
to
the
fourthe
parte
of
the
value
of
the
churche
or
aboue
/
than
it
muste
be
alyened
after
the
solempnytyes
of
the
kynges
lawes
as
landes
&
tenementes
muste
/
or
elles
the
patrone
of
the
successoure
of
hym
that
alyened
maye
brynge
a
wryt
of
ryght
of
dysmes
&
recouer
in
the
kynges
courte
/
&
than
the
Iuges
of
the
spirituall
courte
are
bounden
to
gyue
Iugement
in
the
spiritual
courte
accordyngly
as
is
aforesayd
¶
Doccour
.
I
haue
herde
say
that
a
wryt
of
ryghte
of
dysmes
is
gyuen
by
the
statute
of
westmynster
.
the
seconde
&
that
speketh
onely
of
dysmes
and
not
of
pencion
.
¶
Student
.
where
a
parson
of
a
churche
is
wrongfully
deforcyd
of
his
dysmes
and
is
lette
by
an
Indicauit
to
aske
his
dysmes
in
the
spirituall
court
than
his
patron
may
haue
a
wrytte
of
ryght
of
dysm●
&
by
the
statute
that
thou
spekest
of
/
for
there
lay
none
at
the
comon
lawe
for
the
person
had
there
good
ryght
thoughe
he
were
let
by
the
indicauit
to
sue
for
his
right
But
whan
the
person
had
no
remedy
at
the
spirituall
lawe
there
a
wrytte
of
ryght
of
dismes
lay
for
the
patron
by
the
comon
lawe
as
well
of
pencyons
as
of
dysmes
/
&
some
saye
that
in
suche
case
it
lay
of
lesse
than
of
the
fourthe
parte
by
the
comon
lawe
but
that
I
passe
ouer
.
And
the
reason
why
it
lay
at
the
comon
lawe
if
the
dysme
or
pencyons
were
aboue
the
fourth
parte
.
&c.
was
this
by
the
spirituall
lawe
the
alienacyon
of
the
person
with
assent
of
the
bisshope
and
of
the
chapitre
shall
barre
the
successour
without
assente
of
the
patrone
/
and
so
the
patrone
might
lese
his
patronage
&
he
nat
assentinge
therto
for
hys
encumbent
myght
haue
no
remedy
but
in
the
spirituall
court
and
there
he
was
barred
wherfore
the
patrone
in
that
case
shall
haue
his
remedy
by
the
comon
lawe
where
the
assent
of
the
ordinarie
and
chapitre
without
the
patrone
shall
nat
serue
as
is
sayd
before
.
But
where
the
encumbent
had
good
ryght
by
the
spirituall
lawe
there
lay
no
remedy
for
the
patrone
by
the
comon
lawe
though
the
encumbent
were
let
by
an
indicauit
/
&
for
that
cause
was
the
sayde
statute
made
and
it
lyeth
as
wel
by
the
equitie
for
offeringꝭ
and
pensions
as
for
dismes
Than
farther
I
wolde
thynke
that
where
the
spirituall
court
may
holde
ple
of
a
temporall
thing
that
they
must
iuge
after
the
temporall
lawe
/
&
that
ygnoraunce
shall
not
excuse
them
in
that
case
for
by
takynge
of
theyr
office
they
haue
bounde
them selfe
to
haue
knowlege
of
as
moch
as
belongeth
to
ther
offyce
as
al
Iuges
be
spiritual
&
temporal
.
But
if
it
were
in
argument
in
this
case
whether
the
eldest
sonne
myght
be
a
preste
by
cause
he
is
a
bastarde
in
the
temporal
lawe
that
shuld
be
iuged
after
the
spiritual
lawe
for
the
matter
is
spiritual
.
¶
Doct.
yet
notwithstandynge
all
the
reasons
that
thou
haste
made
I
can
not
se
howe
the
iuges
of
the
spirituall
lawe
shall
be
compelled
to
take
notice
of
the
temporall
lawe
seynge
that
the
most
parte
of
it
is
in
the
frenche
tonge
for
it
were
harde
that
euery
spirituall
iuge
shulde
be
compelled
to
lerne
that
tonge
:
But
if
the
lawe
of
the
realme
were
set
in
suche
order
that
they
that
intende
to
studye
the
lawe
canon
might
first
haue
a
syght
of
the
lawe
of
the
realme
as
they
haue
now
of
the
lawe
ciuil
&
that
some
bokis
&
treatises
were
made
of
cases
of
conscience
concernynge
those
two
lawes
as
there
be
nowe
concernynge
the
lawe
ciuil
and
the
lawe
canon
I
wolde
assent
that
it
were
ryght
expedyent
&
than
reason
myght
serue
the
better
that
they
shulde
be
compelled
to
take
notyce
of
the
lawe
of
the
realme
as
they
be
nowe
bounden
in
suche
countreys
as
the
lawe
ciuill
is
vsed
to
take
notyce
of
that
lawe
.
¶
Student
Me
thynketh
thyne
oppinion
is
ryght
good
and
reasonable
but
tyll
suche
an
order
be
taken
they
are
bounde
as
I
suppose
to
enquere
of
theym
that
be
lerned
in
the
comon
lawe
what
the
lawe
is
/
and
so
to
gyue
theyr
iugement
accordyng
/
if
they
wyll
kepe
them selfe
fro
offence
of
conscyence
/
and
for
as
moche
as
thou
haste
well
satisfied
my
mynde
in
all
these
questions
before
.
I
praye
the
nowe
that
I
maye
somwhat
fele
thy
mynde
in
dyuers
artycles
that
be
wryten
in
dyuers
bokes
for
the
orderynge
of
conscyence
vpon
the
lawe
canon
and
ciuill
/
for
me
thynketh
that
there
be
dyuers
conclusyons
put
in
dyuers
bokes
/
as
in
the
summes
callyd
Summa
angelica
/
and
Summa
rosella
/
and
dyuers
other
for
the
good
order
of
conscience
that
be
agaynst
the
lawe
of
this
realme
&
rather
blynde
conscience
than
to
gyue
any
lyght
vnto
it
.
¶
Docto.
I
pray
the
shewe
me
some
of
those
cases
¶
Student
.
I
wyll
with
good
wyll
.
☞
If
the
patrone
present
nat
within
.vi.
monethes
who
shall
presente
.
The
.xxxvi.
Chapitre
.
STudent
.
In
the
sayde
summe
called
Summa
rosella
in
the
title
Beneficio
in
principio
it
is
asked
/
if
the
patrone
present
nat
within
.vi.
monethes
who
shal
present
&
within
what
tyme
the
presentement
muste
be
made
.
And
it
is
answered
there
that
if
the
patron
present
nat
within
vi
.
monethes
that
the
chapitre
shall
haue
.
vi
.
monethes
to
present
/
&
if
the
chapitre
present
nat
within
.vi.
monethes
that
than
the
Bisshope
shall
haue
other
.vi.
monethes
.
And
if
he
be
necligent
/
than
the
Metropolitane
shall
haue
other
.vi.
monethes
/
&
if
he
present
nat
than
the
presentement
is
deuolute
to
the
Patriarke
.
And
if
the
metropolitane
haue
no
superiour
vnder
the
Pope
/
than
the
presentement
is
deuolute
to
the
Pope
.
And
so
as
it
is
sayde
there
the
archebisshope
shall
supplye
the
necligence
of
the
Bisshope
if
he
be
nat
exempte
/
&
if
he
be
exempte
the
presentement
immediatly
shall
fall
fro
the
Bisshope
to
the
Pope
.
An
as
I
suppose
these
diuersities
holde
nat
in
the
lawes
of
the
realme
.
¶
Doctour
.
Than
I
pray
the
shewe
me
who
shall
present
by
the
lawes
of
the
realme
if
the
patron
do
nat
present
within
his
.vi.
monethes
.
¶
Student
.
Than
for
defaute
of
the
patrone
the
Bisshope
shall
present
/
oneles
the
kyng
be
patrone
/
&
if
the
Bisshop
present
nat
within
vi
.
monethes
/
than
the
metropolitane
shal
present
whether
the
Bisshope
be
exempte
or
nat
.
And
if
the
metropolitane
presente
nat
within
the
tyme
limitted
by
the
lawe
/
than
there
be
diuers
oppinions
who
shall
present
/
for
some
say
that
the
Pope
shall
present
/
as
it
is
sayd
before
/
&
some
say
the
kinge
shall
present
.
¶
Doctoure
.
what
reason
make
they
that
say
the
kyng
shulde
present
in
that
case
.
¶
Student
.
This
is
theyr
reason
they
saye
that
the
kynge
is
patrone
peramounte
of
all
the
benifices
within
the
real
me
.
And
they
say
further
that
the
kynge
&
his
progenitours
kinges
of
Englande
without
tyme
of
mynde
haue
had
authoritie
to
determine
the
right
of
patronages
in
this
realme
in
theyr
owne
courtes
/
&
are
bounden
to
se
theyr
subiectes
haue
right
in
that
behalfe
within
the
realme
/
&
that
in
that
case
fro
hym
lieth
no
appele
.
And
than
they
say
that
if
the
Pope
in
this
case
shulde
present
that
than
the
kynge
shulde
nat
onely
lese
his
patronage
peramounte
/
but
also
that
he
shulde
nat
somtyme
be
able
to
do
right
to
his
subiectes
.
¶
Doctoure
.
In
what
case
were
that
.
¶
Student
.
It
is
in
this
case
/
the
lawe
of
the
realme
is
/
that
if
a
benefice
falle
voyde
/
that
the
patrone
shal
present
within
.vi.
monethes
:
&
if
he
do
nat
that
than
the
ordinarie
shal
present
but
yet
the
law
is
ferther
in
that
case
that
if
the
patron
presente
before
the
ordinari
put
in
his
clerke
:
that
than
the
patron
of
right
shal
inioye
his
presentement
/
&
so
it
is
/
thoughe
the
tyme
shulde
fall
after
to
the
metropolitane
or
to
the
Pope
/
&
if
the
presentement
shulde
fall
to
the
Pope
/
than
thoughe
the
aduouson
abode
styll
voyde
/
so
that
the
patrone
might
of
right
present
/
yet
the
patrone
shulde
nat
knowe
to
whome
he
shulde
present
/
oneles
he
shuld
go
to
the
Pope
/
&
so
he
shuld
fayle
of
right
within
the
realme
.
And
if
percase
he
wente
to
the
Pope
&
presented
an
able
clerke
vnto
hym
/
&
yet
his
clerke
were
refused
&
another
put
in
at
the
collacion
of
the
Pope
or
at
the
presentement
of
a
straunger
yet
the
patrone
coulde
haue
no
remedie
for
that
wronge
within
the
realme
/
for
the
encumbente
myghte
abyde
stille
out
of
the
realme
.
And
therfore
the
lawe
wyll
suffre
no
title
in
this
case
to
fall
to
the
Pope
.
And
they
say
that
for
alyke
reason
it
is
that
the
law
of
the
realme
will
nat
alowe
an
excōmengemēt
that
is
certified
in
to
the
kynges
court
vnder
the
popes
bulles
.
For
if
the
partie
offered
sufficient
amendes
/
&
yet
coulde
nat
obteyne
his
letters
of
absolucion
/
the
kynge
shulde
nat
knowe
to
whome
to
writ
for
the
letters
of
absolucion
/
and
so
the
partie
coulde
nat
haue
righte
/
&
that
the
lawe
wyll
in
no
wyse
suffre
.
¶
Doctoure
.
The
patrone
in
that
case
may
present
to
the
ordinarie
as
longe
as
the
churche
is
voyde
/
&
if
the
ordinarie
accepte
hym
nat
/
the
patrone
may
haue
his
remedie
agaynst
hym
within
the
realme
.
But
if
the
Pope
wyll
put
in
an
encumbent
before
the
patrone
present
/
it
is
reason
that
he
haue
the
prefermente
as
me
semeth
before
the
kynge
.
¶
Student
.
Whan
the
ordinarie
hath
surcessed
his
tyme
he
hath
loste
his
power
as
to
that
presentement
/
specially
if
the
collacion
be
deuolute
to
the
pope
.
And
also
whan
the
presentement
is
in
the
Metropolitane
he
shall
put
in
the
clerke
hym selfe
&
nat
the
ordinarie
/
&
so
there
is
no
defaute
in
the
ordinarie
though
he
present
nat
the
clerke
of
the
patrone
if
his
tyme
be
past
/
&
so
there
lieth
no
remedie
agaynst
hym
for
the
patrone
.
¶
Doctour
.
Though
the
encumbent
abyde
styll
out
of
the
realme
yet
maye
a
Quare
impedit
lye
agaynste
hym
within
the
realme
/
&
if
the
encumbent
make
defaute
vpon
the
distresse
&
appere
nat
to
shew
his
title
:
than
the
patron
shall
haue
a
writt
to
the
Bisshope
accordyng
to
the
statute
/
&
so
he
is
nat
without
remedy
.
¶
Student
.
But
in
this
case
he
can
nat
be
sommoned
/
attached
/
nor
distrayned
/
within
the
realme
.
¶
Doctoure
.
He
maye
be
somoned
by
the
churche
as
the
tenaunt
may
in
a
writte
of
right
of
auouson
.
¶
Student
.
There
the
auouson
is
in
demaunde
/
&
here
the
presentement
is
onely
in
debate
/
&
so
he
can
nat
be
somoned
by
the
churche
here
no
more
than
if
it
were
in
a
writte
of
annuitie
/
and
there
the
comon
returne
is
(
quod
clericus
est
&
beneficiatus
non
habens
laicum
feodum
vbi
potest
summoniri
)
.
And
thoughe
he
might
be
somoned
in
the
church
/
yet
he
might
nether
be
attached
nor
distrayned
there
/
&
so
the
patrone
shulde
be
withoute
remedie
.
¶
Doctoure
.
And
if
he
were
with
out
remedie
/
he
shulde
yet
be
in
as
good
case
as
he
shulde
be
if
the
kyng
shulde
present
/
for
if
the
title
shulde
be
gyuen
to
the
kynge
the
patrone
had
lost
his
presentement
clerely
for
that
tyme
though
the
churche
abyde
styll
voyd
.
For
I
haue
herde
saye
that
in
in
suche
presentementes
no
tyme
after
the
lawe
of
the
realme
renneth
vnto
the
kyng
¶
Student
.
That
is
true
/
but
there
the
presentement
shulde
be
taken
fro
hym
by
right
&
by
the
lawe
&
here
it
shulde
be
taken
fro
hym
agaynst
the
lawe
/
&
there
as
the
lawe
coulde
nat
helpe
hym
&
that
the
lawe
wyll
nat
suffre
.
¶
Doctoure
.
yet
me
thynketh
alway
that
the
title
of
the
laps
in
such
case
is
gyuen
by
the
lawe
of
the
churche
&
nat
by
the
temporall
lawe
/
&
therfore
it
forseth
but
littell
/
what
the
temporall
lawe
wyll
in
it
as
me
semeth
.
¶
Student
.
In
suche
countreys
where
the
Pope
hath
power
to
determine
the
righte
of
temporall
thynges
I
thynke
it
is
as
thou
sayest
/
but
in
this
realme
it
is
nat
so
.
And
the
righte
of
presentement
is
a
temporall
thynge
&
a
temporall
enheritaunce
/
&
therfore
I
thynke
it
belongeth
to
the
kynges
lawe
to
determine
/
&
also
to
make
lawes
who
shall
present
after
the
.vi.
monethes
/
as
wel
as
before
/
so
that
the
title
of
examinacion
of
abilitie
or
none
abilitie
be
nat
therby
taken
fro
the
ordinaries
/
&
in
lykewise
it
is
of
auoydaunce
of
benefices
/
that
is
to
say
/
that
it
shal
be
iuged
by
the
kynges
lawes
whan
a
benefice
shal
be
sayd
voyde
&
whan
nat
/
&
nat
by
the
law
of
the
churche
as
whan
a
person
is
made
a
Bisshope
or
accepteth
another
benefice
without
licence
/
or
resigneth
/
or
is
depriued
in
these
cases
the
comon
law
sayth
that
the
benefices
be
voyde
&
so
they
shulde
be
though
a
law
were
made
by
the
churche
to
the
contrary
/
&
so
if
the
Pope
shulde
haue
any
title
in
this
case
to
present
/
it
shulde
be
by
the
lawe
of
the
realme
.
And
I
haue
nat
sene
ne
herde
that
the
lawe
of
the
realme
hath
gyuen
any
title
to
the
Pope
to
determine
any
temporall
thyng
that
may
be
lawfully
determined
by
the
kynges
court
.
¶
Doctoure
.
It
semeth
by
that
reason
that
thou
haste
made
nowe
that
thou
preferrest
the
kynges
authoritie
in
presentementes
before
the
Popes
/
&
that
me
thynketh
shulde
nat
stande
with
the
lawe
of
god
:
syth
the
Pope
is
the
vicar
generall
vnder
god
.
¶
Student
That
I
haue
sayd
proueth
nat
that
/
for
the
hyghest
preferment
in
presentementes
is
to
haue
authoritie
to
examine
the
abylitie
of
the
person
that
is
presented
/
for
if
the
present
be
able
/
it
suffiseth
to
the
discharge
of
the
ordinarie
/
by
whome
so
euer
he
be
presented
&
that
authoritie
is
nat
denied
by
the
law
of
the
realme
to
belonge
alwaye
to
the
spirituall
iurisdiccion
/
but
my
meanyng
is
that
as
to
the
right
of
presentementes
&
to
determine
who
ought
to
present
&
who
nat
&
at
what
tyme
/
&
whan
the
churche
shal
be
iuged
to
be
voyde
&
whan
nat
/
belongeth
to
the
kyng
&
his
lawes
/
for
elles
it
were
a
thing
in
vayne
for
him
to
holde
ple
of
aduousons
or
to
determine
the
righte
of
patronage
in
his
owne
courtes
&
nat
to
haue
aucthorite
to
determyne
the
right
therof
/
&
these
claymes
semeth
nat
to
be
agaynste
the
lawe
of
god
.
And
so
me
semeth
in
this
case
the
presentement
is
gyuen
the
kynge
.
¶
Doctor
.
And
if
the
kynge
shulde
haue
right
to
present
than
might
the
churche
happen
to
continue
voyde
for
euer
for
as
we
haue
sayde
before
no
tyme
renneth
to
the
kyng
in
suche
presentementes
.
¶
Student
.
If
any
suche
case
happen
if
the
kynge
present
nat
than
may
the
ordinary
set
in
a
deputie
to
serue
the
cure
as
he
may
do
whan
necligence
is
in
other
patrons
that
may
present
&
do
nat
/
&
also
it
can
nat
be
thoughte
that
the
kyng
whiche
hath
the
rule
&
gouernaunce
ouer
the
people
nat
onely
of
theyr
bodyes
but
also
of
theyr
soules
wyll
hurte
his
conscience
&
suffre
a
benefice
continually
to
stande
withoute
a
curate
no
more
than
he
doth
in
auousons
that
be
of
his
owne
presentemente
.
¶
Addition
.
❧
Whether
a
man
shal
be
bounden
by
that
acte
or
offence
of
his
seruaunt
or
officer
⸫
The
.xlii.
Chapitre
.
STudent
.
In
the
sayd
summe
called
Summa
angelica
in
the
title
dominus
.4
.
Paragrafe
:
Is
asked
this
question
/
whether
a
man
shal
be
charged
for
his
housholde
And
it
is
sayde
there
that
he
shall
whan
the
housholde
offendeth
in
an
office
or
ministerie
that
the
mayster
is
the
chyefe
officer
of
:
&
he
hath
the
werke
&
the
profite
of
the
housholde
.
For
it
shal
be
his
defaut
that
he
wolde
chuse
suche
seruaunte
/
for
he
ought
to
appoynte
honeste
persones
/
but
it
is
sayde
there
that
that
is
to
be
vnderstande
ciuilly
&
nat
criminally
/
wherby
as
is
sayde
there
he
that
is
a
gouernour
is
bounde
for
the
offence
of
his
officers
/
&
that
the
same
is
to
be
holden
of
a
Captayne
/
that
he
shal
be
bounde
for
the
offence
of
his
squiers
.
And
an
hoste
for
his
ghest
&
suche
other
.
Neuerthelesse
it
is
sayd
there
that
certayne
doctours
there
reherced
/
&
therto
that
if
the
office
be
an
open
or
a
publyke
office
/
as
an
office
of
power
or
other
lyke
:
It
sufficeth
to
brynge
forthe
hym
that
offended
.
But
it
is
otherwyse
.
If
it
be
nat
a
publike
office
:
but
an
hoste
or
a
tauerner
or
otherlyke
.
But
if
the
housholde
offended
nat
in
the
office
:
the
lorde
is
nat
bounde
as
to
the
law
:
but
in
conscience
he
is
bounde
if
he
were
in
defaut
by
nat
correctinge
them
/
for
he
is
bounde
to
correcte
them
bothe
by
worde
and
example
/
and
if
he
fynde
any
incorrigible
he
is
bounde
to
put
hym
awaye
excepte
that
he
hath
presumpcious
that
if
he
do
so
:
he
wyll
be
the
worse
/
and
than
he
maye
do
that
he
thynketh
beste
/
and
he
is
escused
and
elles
nat
.
For
to
suche
persons
it
is
sayde
(
Error
qui
non
resistitur
:
approbatur
)
that
is
to
saye
(
An
errour
that
is
resisted
:
is
approued
.
And
thoughe
diuers
of
the
saynges
before
reherced
agre
with
the
lawe
of
the
realme
/
yet
all
do
nat
so
/
&
also
tho
that
do
:
are
to
be
obserued
by
auctoritie
of
the
lawe
of
the
realme
&
nat
by
the
auctorite
alledged
in
the
sayd
paragrafe
.
And
therfore
I
entende
to
treate
somwhat
where
the
mayster
shal
be
charged
by
his
seruante
or
deputie
/
or
by
them
that
be
vnder
hym
in
any
office
/
&
where
nat
/
&
than
I
entende
to
touche
some
other
thynges
where
the
mayster
after
the
lawes
of
the
realme
shal
be
charged
by
the
acte
of
his
seruaunte
in
other
cases
nat
concernynge
offices
&
where
nat
.
❧
Fyrst
if
a
man
be
committed
to
warde
vpon
arrerages
of
accompte
:
&
the
keper
of
the
pryson
suffereth
hym
to
go
at
large
:
than
an
accion
of
det
shall
lye
agaynst
hym
.
And
if
he
be
nat
sufficient
:
than
it
lieth
agaynst
hym
that
committed
the
pryson
vnto
him
&
that
is
by
reason
of
the
statute
of
West
in
the
.ii.
the
.xi.
Chapitre
.
❧
Also
if
Baylyfes
of
frauncheses
that
haue
returne
of
writtes
make
a
false
returne
the
partie
shall
haue
auerment
against
it
as
well
of
to
litle
yssues
as
of
other
thynges
as
well
as
he
shall
haue
agaynste
the
Sheryfe
/
but
all
the
punisshemente
shal
be
onely
vpon
the
bayly
&
nat
vpon
the
lorde
of
the
fraunchese
/
&
that
dothe
appere
by
the
statute
made
in
the
fyrste
yere
of
kynge
Edwarde
the
.iii.
the
.v.
chapitre
.
But
if
an
vnder
Sheryfe
make
a
returne
where
vpon
the
sheryfe
shal
be
amercied
there
the
hyghe
sheryfe
shal
be
amercied
for
the
returne
is
made
expressely
in
his
name
.
But
if
it
be
a
false
returne
where
vpon
an
accion
of
disceyt
lieth
:
in
that
case
it
may
be
brought
agaynst
the
vnder
sheryfe
/
&
se
therof
the
statute
that
is
called
Statutum
de
male
returnantibus
breuia
.
❧
Also
if
the
kynges
butteler
make
deputies
he
shall
auswere
for
his
deputies
as
for
hym selfe
.
As
appereth
in
the
statute
made
in
the
.xxv.
yere
of
kynge
Edwarde
the
thyrde
.
De
prodicionibus
the
.xxi.
Chapitre
.
❧
Also
in
the
statute
that
is
called
statutum
scaccaru
it
is
enacted
amonge
other
thynges
that
no
officer
of
the
eschequer
shall
put
any
clerke
vnder
hym
but
suche
as
he
will
answere
for
.
And
for
as
moche
as
the
statute
is
general
:
it
semeth
that
he
shall
answere
as
well
for
an
vntrouthe
in
any
suche
clerke
as
for
an
ouer
sighte
.
❧
Also
in
the
.xiiii.
yere
of
kynge
Edwarde
the
thyrde
the
.ix.
chapitre
:
it
is
enacted
that
all
Gayles
shal
be
adioyned
agayne
to
the
shyres
/
&
that
the
sheryfe
shall
haue
the
kepynge
of
them
/
&
that
the
sheryfe
shall
make
suche
vnder
gardeyns
for
the
which
they
wil
answere
.
And
neuerthelesse
I
suppose
that
if
there
be
an
escape
by
defaute
of
the
Gayler
:
that
the
kynge
may
charge
the
Gayler
if
he
w
l.
But
it
is
no
dout
but
he
may
charge
the
sheryte
by
reason
of
his
statute
it
he
will
/
But
if
it
be
a
wilfull
escape
in
the
Gayler
whiche
is
felonye
in
him
the
sheryfe
shall
nat
be
bounde
to
answere
to
that
felonye
ne
none
other
but
the
Gayler
hym selfe
and
they
that
assented
to
hym
.
❧
Also
if
a
man
haue
a
shyrefwyke
/
constableship
/
or
bayly
wyke
in
see
/
wherby
he
hath
the
kepynge
of
prysoners
/
if
he
lette
any
to
repleuyn
that
be
nat
repleuisshable
&
thereof
be
attaynt
/
he
shall
lefe
the
office
.
&c.
And
if
it
be
an
vndersheryfe
/
constable
/
or
baylyfe
that
hath
the
kepyng
of
the
pryson
that
doeth
it
without
knowelege
of
the
lorde
:
he
shall
haue
enprysonement
by
.
iii.
yeres
/
&
after
shal
be
raunsomed
at
the
kynges
will
/
as
appereth
in
the
statute
of
Westm
.
the
fyrst
the
.xv.
chapitre
.
And
so
it
appereth
that
in
this
case
he
that
is
the
lorde
of
the
pryson
is
nat
bounde
to
aunswere
for
the
offence
of
them
that
haue
the
rule
of
the
pryson
vndre
hym
:
but
that
they
shall
haue
the
punisshment
them selfe
for
theyr
misdemeanoure
.
♣
Also
there
is
a
statute
made
in
the
.xxvii.
yere
of
kyng
Edwarde
the
.iii.
the
.xix.
chapitre
is
called
the
statute
of
the
Staple
whereby
it
is
ordeyned
that
no
marchaunt
ne
none
other
man
shall
nat
lese
theyr
goodes
for
the
trespas
or
forfayte
of
theyr
seruantes
/
onelesse
it
be
by
commaundement
of
his
mayster
/
or
that
the
offende
in
the
office
that
his
mayster
hath
put
hym
in
/
or
els
that
the
mayster
shal
be
bounde
to
answere
for
the
dede
of
his
seruaunte
by
the
lawe
marchaunte
/
as
in
some
place
it
is
vsed
.
❧
Also
it
is
enacted
in
the
.xiiii.
yere
of
kyng
Edwarde
the
.iii.
the
.viii.
chapitre
that
wapentakes
and
hundredes
that
be
seuered
frome
the
counties
shal
be
adioyned
agayne
vnto
them
/
and
that
if
the
sheryfe
holde
them
in
his
owne
handes
:
that
he
shal
put
in
them
suche
baylyfes
that
haue
landes
sufficient
/
&
for
the
whiche
he
wyll
answere
/
and
that
if
he
let
them
to
ferme
:
that
they
be
let
to
the
auncient
ferme
/
but
after
it
is
prohibited
by
the
statute
of
the
.xxiii.
yere
of
kynge
Henry
the
.vi.
the
.x.
chapitre
.
That
no
sheryfe
shall
let
his
baylywykes
nor
wapentakes
●o
ferme
.
And
so
whan
they
be
ones
in
the
sheryfes
owne
handes
&
the
sheryfe
putteth
in
baylyfes
:
they
be
but
as
vnder
baylyfes
to
the
kyng
&
the
sheryfe
the
hyghe
baylyfe
/
&
they
in
maner
the
sheryfes
seruauntes
&
put
in
onely
by
hym
.
And
therfore
by
the
sayd
statute
of
kynge
Edwarde
the
.iiii.
He
shall
answere
for
them
if
they
offende
in
theyr
office
/
but
if
the
sheryfe
let
them
to
ferme
:
than
though
the
sheryfe
offende
the
stature
in
that
doynge
/
yet
whether
he
shal
be
charged
for
theyr
misdemeanor
in
the
office
or
nat
:
is
a
great
doubte
to
some
men
/
for
they
saye
that
this
statute
is
onely
to
be
vnderstande
where
the
baylywykes
be
in
the
sheryfes
handes
:
but
here
they
be
nat
so
/
ne
the
baylyfes
be
nat
his
seruantes
but
his
fermours
And
therfore
they
saye
that
if
the
sheryfe
shal
be
charged
for
them
:
It
is
by
the
comon
lawe
&
nat
by
the
statute
aforesayd
.
❧
Also
in
the
.ii.
yere
of
kyng
Henry
the
.vi.
the
.xiiii.
chapitre
it
is
enacted
that
officers
by
patente
in
euery
court
of
the
kyng
that
by
vertu
of
theyr
office
haue
power
to
make
clerkes
in
the
sayd
courtes
shal
be
charged
&
sworne
to
make
suche
clerkes
vnder
them
for
whome
they
will
answere
.
❧
Also
the
Hospitelers
&
Templers
be
prohibit
that
they
shall
holde
no
plee
that
bylongeth
to
the
kynges
courtes
vpon
payn
to
yelde
damages
to
the
party
greued
&
to
make
raunsome
to
the
kynge
/
&
that
the
superiours
shall
answere
for
theyr
obediences
as
for
theyr
owne
dede
.
Westm
the
.ii.
the
xliii
.
Chapitre
.
❧
Also
the
sergeaunt
of
the
caterye
shall
satisfie
all
the
dertes
/
damages
/
an
execucions
that
shal
be
recouered
agaynste
any
that
is
purueyour
or
achatour
vnder
hym
&
that
offende
agaynst
the
statute
of
.xxxvi
of
Edwarde
the
thyrde
/
or
agaynste
thys
statute
of
.xxiii.
of
Henry
the
.vi.
In
case
that
the
purueyour
or
achatour
be
nat
sufficient
&c.
And
the
party
pleyntyfe
shall
haue
a
Scire
facias
agaynst
the
sayd
sergeaunte
in
this
case
to
haue
execucion
as
appereth
in
the
.xxiii.
yere
of
kyng
Henry
the
.vi.
the
fyrste
Chapitre
.
❧
Also
if
a
man
be
sent
to
pryson
vpon
a
statute
marchaunt
by
the
Mayre
/
before
whome
the
recognisaunce
was
taken
/
and
the
Gayler
wyll
nat
receyue
hym
:
he
shall
answere
for
the
det
if
he
haue
where
with
/
&
if
nat
:
than
he
shall
answere
that
committed
the
Gayler
to
hym
/
as
appereth
in
the
statute
called
the
statute
marchaunte
.
❧
Also
if
outrageous
tolle
be
taken
in
a
towne
marchant
/
if
it
be
the
kynges
towne
let
to
seeme
:
the
kynge
shall
take
the
fraunchese
of
the
market
into
his
handes
.
And
if
it
be
done
by
the
lorde
of
the
towne
:
the
kynge
shall
do
in
like
wyse
.
And
if
it
be
done
by
the
baylyfe
vnknowynge
the
lorde
:
he
shall
yelde
agayne
as
moche
as
he
hath
taken
/
&
shall
haue
enprysonment
of
.xl.
days
.
And
so
it
appereth
that
the
lord
in
this
case
shall
nat
answere
for
his
bayly
.
Westm
the
fyrst
the
.xxx.
chapitre
.
And
in
all
the
cases
before
reherced
where
the
superiour
is
charged
by
the
defaut
of
hym
that
is
vnder
him
:
he
in
whose
defaut
his
superiour
is
so
charged
:
is
bounde
in
conscience
to
restore
him
that
is
so
charged
through
his
defaut
.
Excepte
the
case
before
reherced
of
the
hospitelers
/
for
all
that
the
obediencer
hathe
:
is
the
superiours
if
he
wyll
take
it
.
And
therfore
what
recompence
shal
be
made
by
the
obeciencer
in
that
case
:
is
all
at
the
wyll
of
the
superiour
.
And
nowe
I
entende
to
shewe
the
some
perticuler
cases
where
the
mayster
after
the
lawes
of
the
realme
shal
be
charged
by
the
acte
of
his
seruaunt
/
baylyfe
/
or
deputie
/
&
where
nat
/
&
so
for
to
make
an
ende
of
this
chapitre
.
❧
Fyrst
for
trespas
of
batery
or
of
wrong
full
entre
into
landes
or
tenementes
:
ne
yet
for
felony
or
murdre
the
mayster
shall
nat
be
charged
for
his
seruaunte
/
oneles
he
dyd
it
by
his
commaundement
.
❧
Also
if
a
seruaunt
borowe
money
in
his
maysters
name
:
the
mayster
shall
nat
be
charged
with
it
oneles
it
come
to
his
vse
&
that
by
his
assente
/
and
the
same
lawe
is
if
the
seruaunte
make
a
contracie
in
hys
maysters
name
/
the
contracie
shall
nat
binde
his
mayster
oneles
it
were
by
his
maysters
commaundement
or
that
it
came
to
the
maisters
vse
by
his
assent
.
But
if
a
man
sende
his
seruaunt
to
a
fayre
or
market
to
bye
for
hym
certayne
thynges
/
though
he
commaunde
hym
nat
to
bye
them
of
no
man
in
certayne
:
&
the
seruaunt
do
.
he
according
the
mayster
shal
be
charged
/
but
if
the
seruaunt
in
that
case
bye
them
in
his
owne
name
nat
spekynge
of
his
mayster
:
the
maester
shall
nat
be
charged
onelee
〈…〉
bought
come
to
his
vse
.
❧
Also
if
a
man
sende
his
seruant
to
the
market
with
a
thynge
which
he
knoweth
to
be
defectiue
to
be
solde
to
a
certayne
man
&
he
selleth
it
to
hym
:
there
an
accion
lieth
agaynst
the
mayster
/
but
if
the
mayster
biddeth
hym
nat
selle
it
to
any
persone
in
certayne
but
generally
to
whome
he
can
.
And
he
selleth
it
accordyng
:
there
lieth
no
accion
of
disceyt
agaynste
the
mayster
.
❧
Also
if
the
seruant
kepe
the
maysters
fyre
necligently
/
wherby
his
maysters
house
is
brent
&
his
neyghbours
also
/
there
an
accion
lieth
agaynst
the
mayster
.
But
if
the
seruaunte
bere
fyre
necligently
in
the
strete
&
therby
the
house
of
a nother
is
brenned
/
there
lyeth
no
accion
agaynste
the
mayster
.
❧
Also
if
a
man
desyre
to
logge
with
one
that
is
no
comon
hostiler
&
one
that
is
seruante
to
hym
that
he
lodgeth
with
:
robbeth
his
chamber
/
his
mayster
shal
nat
be
charged
for
that
robbynge
/
but
if
he
had
ben
a
comon
hostyler
he
shulde
haue
ben
charged
.
❧
Also
if
a
man
be
gardeyn
of
a
pryson
wherin
is
a
man
that
is
condempned
in
a
certayne
somme
of
money
/
&
another
that
is
in
pryson
for
felonye
&
a
seruaunt
of
the
gardeyn
that
hathe
the
rule
of
the
pryson
vnder
hym
wylfully
letteth
them
bothe
escape
in
this
case
the
gardeyn
shal
answere
for
the
det
&
shall
pay
a
fyne
for
the
escape
of
the
other
as
for
a
neclygent
escape
and
the
seruaunt
onely
shal
be
put
to
answere
to
the
felonye
for
the
wylful
escape
¶
Also
if
a
man
make
a nother
his
generall
receyueure
/
&
that
receyuoure
receyuith
money
of
a
credytoure
of
his
mayster
&
makyth
hym
an
acquytaunce
and
after
payeth
nat
his
maister
yet
that
payment
dyschargeth
the
credytoure
:
but
yf
the
credytoure
had
taken
an
acquytaunce
of
hym
without
payeng
hym
any
money
:
that
acquytaunce
onely
were
no
barre
to
the
mayster
/
onles
he
made
hym
recyueour
by
wrytynge
and
gaue
hym
aucthoritie
to
make
acquytaunces
/
and
than
that
aucthorytye
must
be
shewed
.
And
yf
the
creby
four
in
suche
case
by
agrement
bytwene
the
receyuoure
&
hym
:
deliuer
to
the
receyuour
a
horse
or
an
other
thynge
in
recompence
of
the
dete
:
that
delyuery
dyschargeth
nat
the
credytour
onles
yt
be
delyuered
ouer
vnto
the
mayster
and
he
agre
to
it
.
For
the
receyuoure
hath
no
suche
power
to
make
no
suche
commutacion
but
his
mayster
gyue
hym
speciall
commaundement
therto
.
❧
Also
if
a
seruaunte
shewe
a
creditoure
of
his
mayster
that
his
mayster
sence
hym
for
his
money
/
&
he
payeth
it
vnto
hym
/
that
payment
dischargeth
hym
nat
if
the
mayster
dyd
nat
sende
hym
for
it
in
dede
/
except
that
it
come
after
vnto
the
vse
of
the
mayster
by
his
assent
.
❧
Also
if
a
man
make
a
baylyfe
of
a
maner
&
after
the
lorde
of
whome
the
maner
is
holden
graunted
the
seygnoury
to
another
&
the
baylyfe
after
payeth
the
rente
vnto
the
graunt
:
that
payment
of
the
rent
countreuayleth
no
attournant
thoughe
it
were
by
fyne
/
ne
shall
nat
bynde
his
mayster
tyll
he
atturne
him selfe
/
but
if
the
lord
of
whome
the
lande
is
holden
dye
seased
of
the
seynoury
&
the
baylyfe
payeth
the
rent
to
the
heyre
of
the
lorde
:
that
is
a
good
season
to
the
heyre
though
the
baylyfe
had
no
commaundement
of
his
mayster
to
pay
it
For
it
belongeth
to
his
office
to
paye
rentes
seruice
but
nat
rentte
charge
as
some
men
saye
.
❧
Also
an
encrochemente
by
the
baylyfe
shall
bynde
the
mayster
in
auowry
if
he
had
no
commaundementte
of
the
mayster
to
paye
it
.
❧
Also
if
there
be
lorde
Mesne
&
tenaunt
&
the
renaunte
holdeth
of
the
Mesne
as
of
his
maner
of
D
the
Mesne
maketh
a
baylyfe
.
And
after
the
tenaunt
maketh
a
feoffement
:
the
feoffe
rendeth
notice
to
the
baylyfe
&
he
accepteth
his
rente
with
the
arrerages
/
this
notice
shall
nat
bynde
the
lorde
ne
compell
hym
to
alter
his
auowry
/
for
the
office
of
a
baylyfe
stretcheth
nat
therto
but
he
muste
haue
there
in
a
speciall
commaundement
of
his
mayster
.
Also
if
a
seruaunt
ryde
on
his
maysters
horse
to
do
an
erraunt
for
his
mayster
into
a
towne
that
hath
auctoritie
to
make
attachementes
of
goodes
vpon
playntes
of
dette
&c.
&
there
vpon
a
playnte
of
dette
made
agaynste
the
seruant
:
the
maysters
horse
is
atached
by
the
officers
thynkinge
that
the
horse
were
his
owne
/
&
bycause
the
seruaunt
appereth
nat
:
the
officers
sease
the
horse
as
forfeyt
/
in
this
case
the
lorde
shall
haue
an
accion
of
trespas
agaynst
the
officers
/
&
this
attachement
for
the
det
of
his
seruaunt
shall
nat
binde
him
.
&c.
but
that
an
host
or
a
keper
of
a
tauerne
shal
be
charged
for
theyr
ghestes
oneles
it
be
done
by
theyr
assent
or
commandement
.
I
do
nat
remembre
that
I
haue
rede
it
in
the
lawes
of
Englande
.
❧
Diuers
questions
taken
out
by
the
student
of
the
summes
called
Summa
rosella
/
&
Summa
angelica
/
which
he
thynketh
necessari
to
be
loked
vpon
and
to
be
sene
howe
they
stande
&
agre
with
the
lawe
of
the
realme
.
The
.xlv.
Chapitre
.
THe
fyrste
question
is
this
/
whether
a
custome
may
breke
a
lawe
positiue
Summa
rosella
/
titulo
consuetudo
.
Paragrafe
.
13.
❧
The
seconde
is
if
a
man
attaynted
or
banisshed
be
restored
by
the
prince
/
whether
shall
that
restitucion
stretche
to
the
goodes
Summa
rosella
in
the
title
Dampnatus
in
principio
.
❧
Item
if
a
man
be
outlawed
of
felony
/
abiured
/
or
attaynted
/
of
murdre
or
felony
or
he
that
is
an
ascimus
may
be
slayne
by
estrangers
&
se
lyke
mater
therto
/
Summa
angelica
/
in
the
title
Ascismus
.
Para.
2.
❧
This
question
is
somwhat
answered
to
in
a
newe
addicion
as
appereth
before
in
the
.xli.
Chapitre
.
❧
Item
whether
the
mayster
shal
be
bounde
by
the
acte
or
offence
of
his
seruaunt
or
officer
Summa
angelica
in
the
title
dominus
.
Para.
4.
❧
This
question
is
answered
to
in
a
newe
Addicion
/
as
appereth
before
in
the
.xlii.
Chapitre
.
❧
Item
whether
a
villayn
may
gyue
away
his
goodes
/
Summa
angelica
/
in
the
title
donacio
prima
.
Para.
9.
❧
This
question
is
answered
to
in
a
new
Addition
as
appereth
before
in
the
.xliii.
Chapitre
.
❧
Item
whether
an
Abbot
may
gyue
.
&c.
Summa
angelica
/
in
the
title
Donatio
.1
.
Para.
10.
&
.
39.
❧
Item
whether
a
woman
couert
maye
giue
away
any
good
/
&
it
is
answered
/
Summa
angelica
/
in
the
title
donatio
.1
.
Paragrafe
.11
.
that
she
may
nat
without
she
haue
goodes
besyde
her
dowrye
but
onely
in
almes
.
❧
Item
if
a
man
do
treason
whether
his
gyfte
of
goodes
after
before
atteyndre
be
good
/
Summa
angelica
/
In
the
title
donacio
.1
.
Para.
12.
&
it
semeth
there
nay
/
&
loke
Summa
angelica
/
in
the
title
alienacio
.
Paragrafe
.24
.
❧
Item
if
a
man
wittyngly
make
a
contracte
betwene
two
kinnesfolke
or
other
that
may
nat
lawfully
marie
togyder
whether
he
hath
forfeth
his
goodes
/
Summa
angelica
/
in
the
title
donacio
.1
.
Paragrafe
.
14.
❧
Item
whether
the
father
may
gyue
to
the
sone
/
Summa
angelica
/
in
the
title
donacio
.1
.
Para.
19.
&
Summa
rosella
/
in
the
title
donacio
.2
.
Para.
42.
❧
Item
whether
a
man
may
gyue
aboue
.
v.c.s.
absque
insinuacione
/
Summa
angelica
/
in
the
tytle
donatio
.
prima
Paragrafe
.
20.
❧
Item
whether
a
gyfte
shal
be
auoyded
by
an
ingratitude
/
Summa
rosella
in
the
title
denatio
.1
.
Paragrafe
.17
.
&
.29
.
&
there
it
is
sayd
that
the
gyfte
is
voyde
by
the
law
of
nature
/
and
looke
Summa
angelica
/
in
the
title
donatio
prima
.
Para.
42.
&
.45
.
❧
Item
whether
any
gyft
betwene
the
husbande
&
the
wyfe
may
be
good
/
&
it
is
sayde
ye
whan
the
husbande
gyueth
it
causa
remaneracionis
/
Summa
rosella
/
in
the
title
donatio
.1
.
Paragrafe
.32
.
❧
Item
if
a
man
make
a
will
&
entre
into
religion
whether
he
may
after
reuoke
the
wyll
&
it
is
sayd
that
freres
minours
may
nat
/
&
other
maye
/
Summa
rosella
/
in
the
title
donacio
prima
.
Paragrafe
.35
.
in
fine
⸫
❧
Item
if
a
man
gyue
a nother
a
towne
with
all
the
rightes
that
he
hath
in
the
same
whether
the
patronage
.
&c.
&
the
tithes
passe
/
Summa
rosella
/
in
the
title
donatio
prima
.
Paragrafe
.56
.
❧
Item
wheter
all
that
is
bought
with
the
money
of
the
churche
be
the
churches
Summa
rosella
/
in
the
title
ecclesia
.
1.
Paragrafe
.
7.
❧
Item
if
a
gyft
made
to
a
monasteri
may
be
auoyded
by
that
the
gyuer
hath
chyldren
after
the
gyfte
.
Summa
angelica
in
the
title
donatio
.1
.
Para.
43.
❧
Item
if
a
man
bye
a
thyng
vnder
the
half
pryce
/
whether
he
be
bounde
by
the
lawe
to
restore
.
&c.
Summa
rosella
/
in
the
title
emptio
&
venditio
.
Para.
6.
❧
Item
whether
a
comon
thefe
vel
cōmunꝭ
depopulator
agrorum
may
abiure
/
Summa
rosella
/
in
the
title
emunitas
.2
.
in
principio
.
Et
habetur
ibi
in
fine
qd
licet
leges
excipiant
plures
personas
tum
per
ius
canonicum
legibus
derogatum
est
.
❧
Item
whether
a
man
shal
take
the
church
for
great
enormious
offences
that
is
nat
murder
nor
felonye
.
Summa
rosella
/
in
the
tytle
Emunitas
.2
.
Paragrafe
.3
.
&
.11
.
❧
Item
if
a
man
take
one
in
the
hyghe
way
&
draw
hym
out
&
there
beteth
hym
/
whether
he
shall
haue
punisshement
that
is
ordeyned
for
them
that
stryke
one
in
the
hyghe
way
/
Summa
rosella
in
the
title
emūtas
.2
.
Paragrafe
.6
.
Item
whether
he
that
taketh
the
church
may
after
for
that
offence
be
iuged
to
dethe
/
Summa
rosella
/
in
the
title
Emunitas
.2
.
Paragrafe
.8
.
❧
Item
whether
the
Bisshopes
paleys
be
sentuary
.
Summa
rosella
/
in
the
title
emunitas
.2
.
Para.
24.
❧
Item
whether
the
dignite
of
a
Bisshope
or
presthode
discharged
boundage
/
Summa
rosella
/
in
the
title
episcopus
/
in
principio
.
❧
Item
whether
a
clerke
is
bounde
to
paye
any
imposicions
or
tallages
for
his
patrimoney
or
otherwyse
.
Summa
rosella
/
in
the
title
excommunicatio
.
1.
diuisione
octaua
.
Para.
4.
&
.5
.
&
.6
.
&
diuisione
nona
Paragrafe
.1
.
❧
Item
if
it
were
ordeyned
by
statute
that
if
a
man
selle
.
&c.
he
shall
gyue
to
the
kyng
11.
d.
whether
a
clerke
be
bounde
to
gyue
it
if
he
sell
of
his
prebende
/
Summa
rosella
/
in
the
title
excommunicatio
.
1.
diuisione
no
na
.
Paragrafe
.3
❧
Item
if
it
be
ordeyned
by
statute
that
there
shall
nat
be
layde
vpon
a
ded
persone
but
suche
a
certayne
clothe
/
or
thus
many
tapers
or
candels
/
whether
the
statute
be
good
&
it
is
lefte
for
a
question
.
Summa
rosella
/
in
the
title
excommunicatio
.
1.
diuisione
.18
.
Para.
8.
in
fine
.
❧
Item
if
a
man
make
a
lease
of
a
mylle
for
terme
of
yeres
and
it
is
agreed
that
the
losse
shall
grynde
the
lessoure
tolle
fre
duringe
the
terme
/
after
the
lessoure
is
made
an
Erle
or
a
Duke
&
hath
greater
housholde
than
before
/
whether
the
lesse
be
bounde
therto
.
&c.
Summa
rosella
/
in
the
title
familia
.
Paragrafe
.5
.
❧
Item
if
a
mayster
wyll
nat
pay
his
seruauntes
wages
that
hath
serued
hym
faith
fully
whether
that
the
seruaunt
may
take
secretlye
as
moche
goodes
of
the
maysters
&c.
&
if
he
do
whether
he
be
bounde
to
restitucion
/
Summa
rosella
/
in
the
title
familia
Paragrafe
.6
.
❧
Item
thynges
immouable
of
the
church
may
nat
be
gyuen
/
Summa
rosella
/
in
the
title
of
odū
.
Para.
1.
&
se
there
in
principio
what
feodum
is
.
❧
Item
whether
the
sones
bastardes
&
the
sones
lawfully
begotten
shall
enherit
togyder
/
Summa
rosella
/
in
the
title
filius
.
Paragrafe
.1
.
❧
Item
whether
father
&
mother
may
succede
to
theyr
bastardes
/
Summa
rosella
/
in
the
title
filius
.
Paragrafe
.4
.
❧
Item
whether
the
father
maye
leue
any
of
his
goodes
to
his
basterde
/
Summa
rosella
/
in
the
title
filius
.
Paragra
.
5.
&
Summa
rosella
/
in
the
title
societas
.
Pagrafe
.23
.
❧
Item
whether
the
offence
of
the
father
shall
hurte
the
sone
in
temporall
thynges
/
Summa
rosella
/
in
the
title
filius
.
Paragrafe
.10
.
❧
Item
if
a
man
gyue
all
his
landes
&
goodes
to
his
chyldren
/
whether
a
bastarde
shall
haue
any
parte
/
Summa
rosella
/
in
the
title
filius
.
Paragrafe
.22
.
❧
Item
to
whome
treasoure
sounde
belongeth
/
Summa
rosella
/
in
the
title
furtum
.
Para.
11.
❧
Item
if
a
dere
or
other
wilde
beaste
that
is
so
sore
hurt
that
he
may
be
taken
cometh
in
to
another
mannes
grounde
whether
it
be
his
that
oweth
the
grounde
or
his
that
strake
hym
/
Summa
rosella
/
in
the
title
furtum
.
Para.
13.
❧
Item
whether
thiefte
be
in
a
littell
thing
as
well
as
in
a
greate
thynge
/
Summa
rosella
/
in
the
title
furtum
.
Para.
18.
❧
Item
what
payne
a
thefe
shal
haue
/
Summa
rosella
/
in
the
title
furtum
.
Para.
22.
❧
Item
the
goodes
of
ded
men
go
to
the
heyres
&
that
of
dampned
men
.
s.
de
terris
Summa
rosella
/
in
the
title
hereditas
.
Paragrafe
.1
.
❧
Item
whether
a
man
shal
be
sayde
gyltie
of
murder
by
commaundemente
counsayle
or
assent
/
Summa
rosella
in
the
title
homicidium
.2
.
per
totum
/
&
lyke
matter
is
homicidium
.4
.
in
principio
and
diuers
other
cases
.
❧
Item
a
man
maketh
a
priuy
contracte
with
a
woman
&
after
hath
a
chylde
by
her
/
&
after
maryed
a nother
woman
&
hath
a
chylde
she
nat
knowinge
of
the
fyrst
contract
whiche
of
the
chyldren
shal
be
his
heyre
/
Summa
rosella
/
in
the
title
Illegitimus
.
Paragrafe
.3
.
❧
Item
whether
the
Pope
may
legittimate
one
to
temporall
thynges
&
to
succede
/
Summa
rosella
/
in
the
title
Illegittimus
Paragrafe
.25
.
❧
Item
if
goodes
be
founde
that
were
left
of
the
owner
as
forsaken
who
hath
righte
to
them
/
Summa
rosella
/
in
the
title
Inuenta
.
Paragrafe
.2
.
And
loke
Summa
rosella
/
in
the
title
furtum
.
Paragrafe
.17
.
And
thus
I
make
an
ende
of
these
questions
/
&
bycause
thou
desyredest
me
in
the
.xxxi.
chapitre
to
shewe
the
somwhat
where
ignorance
excuseth
in
the
lawe
of
the
realme
and
where
nat
/
I
wil
answere
somwhat
to
thy
question
&
so
commit
the
to
god
.
☞
The
.viii.
question
of
the
Doctour
whether
the
statute
of
.xlv.
of
Edwarde
the
thyrde
of
Silua
cedua
stande
with
conscience
.
The
.lv.
Chapitre
.
DOctour
.
In
the
.xlv.
yere
of
the
reygne
of
kynge
Edwarde
the
thyrde
/
it
was
enacted
that
a
prohibicion
shuld
lye
where
a
man
is
empleded
in
the
courte
cristien
for
dismes
of
woode
of
the
age
of
.
xx
.
yere
or
aboue
by
the
name
of
Silua
cedua
/
howe
may
that
statute
stande
with
conscience
that
is
so
directely
agaynst
the
lybertye
of
the
churche
&
that
is
made
of
suche
thynges
as
the
parlyament
had
no
auctorite
to
make
any
lawe
of
.
¶
Student
.
It
appereth
in
the
sayde
statute
that
it
is
enacted
that
a
prohibicion
shulde
lye
in
that
case
as
it
had
vsed
to
do
before
that
tyme
&
if
the
prohibicion
lay
by
a
prescripcion
before
that
statute
why
is
nat
than
the
statute
good
as
a
confirmacion
of
that
prescripcion
.
¶
Doctour
.
If
there
were
suche
a
prescripcion
before
that
statute
that
prescripcion
was
voyde
/
for
it
prohibiteth
the
payment
of
tythes
of
trees
of
the
age
of
.xx.
yere
or
aboue
/
&
payenge
of
tythes
is
grounded
as
well
vpon
the
lawe
of
god
as
vpon
the
lawe
of
reason
&
agaynste
the
lawes
liet
no
prescripcion
as
it
is
holden
moste
comonly
by
all
men
.
¶
Student
.
That
there
was
suche
a
prescripcion
before
the
sayde
statute
/
&
that
if
a
man
before
the
sayd
statute
had
ben
suyd
in
the
spirituall
courte
for
tythes
of
wode
of
the
age
of
.xx.
yere
or
aboue
that
a
prohibicion
lay
/
appereth
in
the
sayd
statute
/
&
it
can
nat
be
thought
that
a
statute
that
is
made
by
authoritie
of
the
hole
realme
/
as
well
of
the
kynge
&
of
the
lordes
spirituall
&
temporall
as
of
all
the
comons
/
will
recyte
a
thynge
agaynste
the
trouth
.
And
ferthermore
I
can
nat
se
how
it
can
be
grounded
by
the
lawe
of
god
or
by
the
lawe
of
reason
that
he
tenthe
parte
shulde
be
payed
for
tythe
&
none
other
porcion
but
that
but
I
thynke
that
it
be
grounded
vpon
the
law
of
reason
that
a
man
shulde
gyue
some
reasonable
porcion
of
his
goodes
temporall
to
them
that
myninstre
to
hym
thynges
spirituall
/
for
euery
man
is
bounde
to
honour
god
of
his
proper
subst●●ce
/
&
the
gyuyng
of
suche
porcion
hath
nat
ben
onely
vsed
amonge
faythfull
people
/
but
also
among
vnfaythfull
people
as
it
appereth
Genesis
.xlvii.
where
corne
was
gyuen
to
the
prestes
in
Egipte
the
or
comon
barnes
.
And
saint
Poule
in
his
epistles
affermeth
the
same
in
many
places
/
as
in
his
fyrste
epistle
to
the
Corinthies
the
.ix.
chapitre
where
he
saythe
he
that
worketh
in
the
churche
shall
eate
of
that
that
belongeth
to
the
churche
.
And
in
this
epistle
to
the
Galathes
the
.vi.
chapitre
he
sayth
/
let
him
that
is
instructed
in
spirituall
thynges
departe
of
his
goodes
to
hym
that
instructed
hym
.
And
sainte
Luke
in
the
.x.
chapitre
sayth
that
the
workman
is
worthy
to
haue
his
hyre
/
all
whiche
saynges
may
right
conueniently
be
taken
&
applied
to
his
purpose
that
spiritual
men
whiche
ministre
to
the
people
spirituall
thynges
/
ought
for
theyr
ministracion
to
haue
a
competent
lyuinge
of
them
that
they
minister
to
.
But
that
the
x.
parte
shulde
be
assigned
for
suche
a
porcion
&
neyther
more
nor
lesse
.
I
can
nat
perceyue
that
that
shulde
be
grounded
by
the
law
of
reason
nor
immediatly
by
the
law
of
god
for
before
the
law
written
there
was
no
certayne
porcion
assigned
for
the
spirituall
ministres
neyther
the
.x.
parte
nor
the
.xii.
parte
vnto
the
tyme
of
Iacob
/
for
it
appereth
Gene.
xxviii
.
that
Iacob
auowed
to
paye
Dismes
whiche
was
amonge
the
Iewes
for
the
.x.
parte
/
if
our
lorde
prospered
hym
in
his
iourney
/
&
if
the
.x.
parte
had
been
his
dutye
before
that
auowe
/
it
had
ben
in
vayne
to
haue
auowed
it
/
and
so
it
had
〈◊〉
it
had
ben
grounded
by
the
law
of
reason
/
&
as
to
that
that
is
spoken
in
the
Euangelistes
&
in
the
newe
law
of
tythes
/
it
belongeth
rather
to
the
gyuinge
of
tythes
in
the
tyme
of
the
olde
lawe
than
of
the
newe
lawe
as
appereth
Mathe
.xxiii.
&
Lu.
xi
.
where
our
lorde
speketh
to
the
phariseis
sayth
/
wo
be
to
you
phariseis
that
sythe
mynies
/
rewe
/
&
herbes
/
&
forgette
the
Iugement
and
the
charitie
of
god
/
these
it
behoueth
you
to
do
and
the
other
nat
to
omitte
/
that
is
to
say
/
it
behoueth
you
to
do
iustice
and
charite
of
god
an
nat
to
omitte
payenge
of
tythes
though
it
be
of
smale
thynges
as
of
myntes
/
rewe
/
herbes
/
&
suche
other
.
And
also
that
that
the
pharisei
saythe
Luce
.xvii.
I
paye
my
tythes
of
all
that
I
haue
/
is
to
be
ferred
too
the
olde
lawe
nat
to
the
tyme
to
the
tyme
of
the
newe
lawe
.
Therfore
as
I
take
it
that
the
paynge
of
tythes
or
of
a
certayne
porcion
to
spirituall
men
for
theyr
spirituall
ministracion
to
the
people
/
hath
ben
grounded
in
diuers
maners
.
Fyrste
before
the
lawe
written
a
certayne
porcion
sufficient
for
the
spirituall
ministers
was
due
to
them
by
the
lawe
of
nature
/
whiche
after
them
that
be
lerned
in
the
lawe
of
the
realme
is
called
the
lawe
of
reason
/
&
that
porcion
is
due
by
all
lawes
&
in
the
lawe
written
the
Iewes
were
bounde
to
gyue
the
.x.
parte
to
theyr
prestes
as
well
by
the
sayde
auowe
of
Iacob
as
by
the
lawe
of
god
in
the
olde
testamente
called
the
Iudicials
.
And
in
the
newe
law
the
payenge
of
the
tenth
parte
is
by
a
lawe
that
is
made
by
the
churche
.
And
the
reason
wherfore
the
tenthe
parte
was
ordeyned
by
the
churche
to
be
payde
for
the
tythe
was
this
.
There
is
no
cause
why
the
people
of
the
new
lawe
ought
to
paye
lesse
to
the
ministers
of
the
newe
lawe
/
than
the
people
of
the
olde
testament
gaue
to
the
ministers
of
the
olde
testamente
/
For
the
people
of
the
newe
lawe
be
bounde
to
greater
thynges
/
than
the
people
of
the
olde
law
were
as
it
appereth
.
Mathe
.v.
where
it
is
sayde
/
but
your
good
workes
habounde
aboue
the
workes
of
the
scribes
&
the
pharisees
/
ye
maye
nat
entre
in
to
the
kyngdome
of
heuen
.
And
the
sacrifice
of
the
olde
law
was
nat
so
honourable
as
the
sacrifice
of
the
new
law
is
/
for
the
sacrifice
of
the
olde
lawe
was
onely
the
figure
/
&
the
sacrifice
of
the
new
lawe
is
the
thynge
that
is
figured
/
that
was
the
shadowe
/
this
is
the
trouth
.
And
therfore
the
churche
vpon
that
reasonable
consideracion
ordeyned
that
the
.x.
parte
shuld
be
payde
for
the
sustenaunce
of
the
ministers
in
the
newe
lawe
as
it
was
for
the
sustenaunce
of
the
ministers
in
the
olde
law
/
&
so
that
lawe
with
a
cause
may
be
encreased
or
minisshed
to
more
porcion
or
to
lesse
as
shal
be
necessary
for
them
.
¶
Doctoure
.
It
appereth
Genesis
.xiiii.
that
Abraham
gaue
to
Melchisedech
dismes
&
that
is
taken
to
be
the
.x.
parte
&
that
was
longe
before
the
lawe
written
/
&
therfore
it
is
to
suppose
that
he
dyd
that
by
the
lawe
of
god
.
¶
Student
.
It
appereth
nat
by
any
scripture
that
he
dyde
that
by
the
commaundement
of
god
/
ne
by
any
reuelacion
.
And
therfore
it
is
rather
to
suppose
that
he
dyd
parte
of
duyte
&
parte
of
his
owne
fre
wyl
/
for
in
that
he
gaue
the
dismes
/
as
a
resonable
porcion
for
the
sustenaunce
of
Melchisedech
&
his
ministers
/
he
dyd
it
by
commaundement
of
the
lawe
of
reason
as
before
appereth
/
but
that
gaue
the
.x.
parte
that
was
of
his
free
wyll
/
&
bycause
he
thought
it
sufficient
&
resonable
but
if
he
had
thoughte
the
.xii.
parte
or
the
.xiii.
parte
had
suffised
might
haue
gyuen
it
&
that
with
good
conscience
.
And
so
I
suppose
that
in
the
newe
law
the
gyuinge
of
the
.x.
parte
is
by
a
law
of
the
churche
&
nat
by
the
law
of
god
/
oneles
it
be
taken
that
the
lawe
of
the
church
is
the
lawe
of
god
/
as
it
is
somtyme
taken
to
be
/
but
nat
appropriatly
nor
immediatli
for
that
is
taken
appropriatly
to
be
the
law
of
god
/
that
is
conteyned
in
scripture
that
is
to
say
:
in
the
olde
testament
or
in
the
new
¶
Doctour
.
It
is
somwhat
daungerous
to
saye
that
tythes
be
grounded
onely
vpon
the
lawe
of
the
churche
/
for
some
men
as
it
is
sayd
say
that
mannes
law
byndeth
nat
in
conscience
/
&
so
they
might
happen
to
take
a
boldnes
therby
to
denye
theyr
tythes
.
¶
Student
.
I
truste
there
be
none
of
that
opinion
/
&
if
there
be
it
is
greate
●ytye
.
And
neuertheles
they
may
be
compelled
in
that
case
by
the
law
of
the
churche
to
pay
their
tythes
as
well
as
they
shuld
be
if
payenge
of
tythes
were
grounded
meerely
vpon
the
lawe
of
god
.
¶
Doctour
.
I
thynke
well
it
be
as
thou
sayste
&
therfore
I
holde
me
contended
therin
.
But
I
praye
the
shewe
me
thy
mynde
in
this
question
/
if
a
hole
countrey
prescribe
to
pay
no
tythes
for
corne
or
hey
nor
suche
other
/
whether
thou
thynke
that
that
prescripcion
is
good
.
¶
Student
.
That
question
dependeth
moche
vpon
that
that
is
sayde
before
/
for
if
payenge
of
the
.x.
parte
be
by
the
lawe
of
reason
or
by
the
lawe
of
god
/
than
the
prescripcion
is
voyde
but
if
it
be
by
the
lawe
of
man
/
than
it
is
a
good
prescripcion
so
that
the
ministers
haue
a
syfficient
porcion
beside
.
¶
Doctoure
.
Iohan
gerson
whiche
was
a
doctour
of
diuinite
in
a
treatice
that
he
named
regule
morales
:
sayth
that
dismes
be
payd
to
prestes
by
the
lawe
of
god
.
¶
Student
.
The
wordes
that
he
speketh
there
of
that
matter
be
these
(
Solutio
decimarum
sacerdotibus
est
de
iure
diuino
quarenus
i
de
sustententur
:
sed
quotam
hanc
vel
illam
assignare
:
aut
in
alios
redditus
commutare
positiui
iurꝭ
existit
)
.
That
is
thus
moche
to
say
/
the
payenge
of
dismes
to
prestes
is
of
the
lawe
of
god
/
that
they
maye
thereby
be
susteyned
/
but
to
assigne
thꝭ
porcion
or
that
/
or
to
chaunge
it
to
other
rentes
/
that
is
by
the
lawe
positiue
/
&
if
it
shulde
be
taken
that
by
that
worde
:
decimarum
:
whiche
in
englysshe
is
called
dysmes
or
tythes
/
that
he
ment
the
tent
parte
&
that
that
.x.
parte
shulde
be
payde
for
tythe
by
the
lawe
of
god
/
than
is
the
sentence
that
foloweth
after
agaynst
that
sayenge
/
for
as
it
appereth
aboue
the
text
sayth
afterwarde
thus
/
but
to
assigne
this
porcion
or
that
or
to
/
chaunge
it
in
to
other
rentes
belongeth
to
the
lawe
positiue
/
that
is
to
the
law
of
man
/
&
if
the
.x.
parte
were
assigned
by
god
/
than
may
nat
a
lesse
parte
be
assigned
by
the
lawe
of
man
for
that
shuld
be
contrary
to
the
lawe
of
god
/
&
so
it
shuld
be
voyde
.
And
me
thynketh
that
it
is
nat
likely
that
so
famous
a
clerke
wolde
speke
any
sentence
contrary
to
the
law
of
god
or
contrary
to
that
he
had
spoken
before
/
&
to
proue
that
he
mente
nat
by
that
terme
:
decime
:
that
dismes
shulde
alway
be
taken
for
the
tenth
parte
/
yet
appereth
in
the
.iiii.
parte
of
his
workes
in
the
.xxxii.
title
:
litte
ray
/
where
he
sayth
thus
(
Non
vocatur
porcio
curatis
debita
propterea
:
decime
:
eo
qd
semper
sit
decima
pars
immo
est
interdum
vicesima
aut
tricesima
)
.
That
is
to
say
the
porcion
due
to
curates
/
is
nat
therfore
called
dismes
for
that
it
is
alway
the
.x.
parte
for
somtyme
it
is
the
.xx.
or
the
.xxx.
parte
/
&
so
it
appareth
that
by
this
worde
decimarum
:
he
mente
in
the
texte
before
reherced
a
certayne
porcion
and
nat
precisely
the
.x.
parte
/
&
that
that
porcion
shulde
be
payde
to
prestes
by
the
lawe
of
god
to
susteyne
them
with
/
takynge
as
it
semeth
the
lawe
of
reason
in
that
sayenge
for
the
law
of
god
as
it
maye
one
way
be
well
&
conueniently
taken
:
bycause
the
lawe
of
reason
is
gyuen
to
euery
reasonable
creature
by
god
.
And
than
it
foloweth
pursueantlye
that
it
belongeth
to
the
lawe
of
man
/
to
assigne
this
porcion
or
that
as
necessite
shall
requyre
for
theyr
sustenaunce
/
&
than
his
sayenge
agreeth
well
to
that
that
is
sayde
before
/
that
is
to
saye
/
that
a
certayne
porcion
is
due
for
prestes
for
theyr
spirituall
ministracion
by
the
law
of
reason
.
And
than
it
wolde
folowe
therupon
that
if
it
were
ordeyned
for
a
lawe
that
al
payenge
of
tythes
shuld
fro
hensforth
cesse
/
&
that
euery
curate
shulde
haue
assigned
to
hym
suche
certayne
porcion
of
lande
rent
or
annuite
as
shulde
be
sufficient
for
hym
&
for
suche
ministers
as
shulde
be
necessary
to
be
vnder
hym
accordynge
to
the
nombre
of
the
people
there
/
or
that
euery
parisshene
or
housholder
shulde
gyue
a
certayne
of
money
to
that
vse
:
I
suppose
the
lawe
were
good
/
&
that
was
the
meanyng
of
Iohan
gerson
as
it
semeth
in
his
wordes
before
rehersed
/
where
he
saith
/
but
to
chaunge
tythes
in
to
other
rentes
is
by
the
law
positiue
/
that
is
to
say
by
the
law
of
man
.
And
so
me
thynketh
that
if
a
hole
countrey
prescribe
to
be
quyte
of
tythes
of
corne
or
gres
so
that
the
spirituall
ministers
haue
a
sufficient
porcion
beside
to
lyue
vpon
/
that
it
is
a
good
prescripcion
/
&
that
they
shulde
nat
offende
/
that
in
suche
countreys
payde
no
tythes
/
for
it
were
harde
to
say
that
all
the
men
of
italie
or
of
the
eest
parties
be
dampned
bycause
they
pay
no
tythes
but
a
certayne
porcion
after
the
custome
therfore
certayne
it
is
to
pay
suche
a
certayn
porcion
as
well
they
as
all
other
be
bounde
:
if
the
churche
aske
it
/
any
custome
nat
withstanding
/
but
if
the
church
aske
it
nat
it
semeth
that
by
that
nat
asking
the
church
remitteth
it
&
an
example
therof
we
may
take
of
the
apostle
Poule
that
though
he
might
haue
taken
his
necessari
liuing
of
them
that
he
preched
to
/
yet
he
toke
it
nat
/
&
neuertheles
they
that
gaue
it
him
nat
dyd
nat
offende
bycause
he
dyd
nat
aske
it
/
but
if
one
man
in
a
towne
wolde
prescribe
to
be
discharged
of
tythes
of
corne
&
gres
/
me
thinketh
the
prescripcion
is
nat
good
/
oneles
he
can
proue
that
he
recompenseth
it
in
another
thyng
/
for
it
semeth
nat
reasonable
that
he
shuld
paye
lesse
for
hys
tythes
than
his
neyghbours
do
/
seyng
that
the
spirituall
ministers
are
bounde
to
take
as
moche
diligence
for
hym
as
they
be
for
any
other
of
the
parysshe
/
wherfore
it
might
stande
with
reason
that
he
shuld
be
compelled
to
pay
his
tythes
as
his
neyghbours
do
/
oneles
he
can
proue
that
he
payeth
in
recompence
therof
more
than
the
.x.
parte
in
another
thinge
.
Neuertheles
I
leue
that
mater
to
the
iugement
of
other
/
&
than
for
a
ferther
profe
that
the
said
prescripcion
of
nat
payenge
tythes
for
trees
of
.xx.
yere
&
aboue
/
thoughe
it
were
nat
good
of
corne
&
gres
shulde
be
good
/
some
make
this
reason
/
they
say
that
there
is
no
tythe
but
it
is
eyther
a
prediall
tythe
a
personal
tythe
/
or
a
mixt
tithe
/
&
they
say
that
if
a
tythe
shuld
be
payd
of
trees
whan
they
be
so
sold
:
that
that
tythe
were
nat
a
predial
tythe
/
for
the
predial
tythe
of
trees
is
of
such
trees
as
bring
forth
frutes
&
encrease
ye
rely
/
as
apple
trees
/
nut
trees
/
pere
trees
/
&
such
other
wherof
the
predial
tythe
is
the
apples
/
nutꝭ
/
perꝭ
&
such
other
frutis
as
com
of
them
yerely
&
whan
the
frutes
be
tithed
:
if
the
owner
after
fell
the
trees
/
there
is
no
tythe
due
therby
/
for
two
tythes
may
nat
be
payed
of
one
thyng
/
&
of
these
tythes
(
that
is
to
saye
)
of
prediall
tythes
was
the
commaundement
gyuen
in
the
olde
law
to
the
Iewes
/
as
appereth
Leuitici
.
xxvii
.
where
it
is
sayd
(
Omnes
decime
terre
:
siue
de
pomis
arborum
:
siue
de
frugibus
:
domini
sunt
:
&
illi
sanctificantur
)
that
is
to
saye
/
all
tythes
of
the
erthe
eyther
of
apples
/
of
trees
/
or
of
graines
be
our
lordes
/
&
to
hym
they
be
sanctified
/
and
though
the
said
lawe
spekyth
onely
of
apples
/
yet
yt
was
vnderstande
of
all
maner
of
frutes
.
And
bycause
yt
sayth
that
all
the
tythes
of
the
erthe
be
our
lordes
:
therfore
calues
/
lambes
/
&
such
other
muste
also
be
tythed
/
&
they
be
called
by
some
men
prediall
tythes
/
that
is
saye
/
tythes
that
come
of
the
grounde
/
howe
be
it
thy
call
them
onely
predialles
mediate
/
&
they
be
the
fame
tythes
that
in
this
writtyng
be
called
mixt
tythes
/
&
the
other
tythes
(
that
is
to
saye
)
tythes
of
apples
and
corne
&
suche
other
:
be
called
predialles
immediate
/
for
they
come
immediatly
of
the
grounde
/
&
so
do
nat
mixte
tythes
as
euidently
appereth
.
¶
Doctoure
.
But
what
thinkest
thou
shal
be
the
prediall
tythes
of
asshes
/
elmes
/
salowes
/
alders
/
&
such
other
trees
as
bere
no
frutes
/
wherof
any
profite
cometh
/
why
shall
nat
the
.x.
parte
of
the
selfe
thynge
be
the
tythe
therof
if
they
be
cut
downe
as
well
as
it
is
of
corne
&
gras
.
¶
Student
.
For
I
thynke
that
there
is
to
that
intente
great
diuersite
betwene
corn
gres
/
&
trees
/
&
that
for
diuers
consideracions
wherof
one
is
this
.
The
propertie
of
corne
&
gras
is
nat
to
growe
ouer
one
yere
&
if
it
do
:
it
wyll
perysshe
&
come
to
nought
&
so
the
cuttynge
downe
of
it
:
is
the
perfeccion
&
preseruacion
therof
/
&
the
special
cause
that
any
encrease
foloweth
of
the
same
.
And
therfore
the
.x.
parte
of
that
encrease
shal
be
payde
as
a
predyall
tythe
/
&
there
no
deduccion
shal
be
made
for
the
charges
of
it
/
&
so
it
is
of
shepe
&
beastes
that
muste
be
taken
&
kylled
in
tyme
/
for
els
they
may
perysshe
&
come
to
nought
.
But
whan
trees
be
felled
:
that
fellynge
is
nat
the
perfeccion
of
the
trees
/
ne
it
causeth
nat
them
to
encrease
but
to
decay
/
for
most
comonly
the
trees
wolde
be
better
if
they
might
growe
styll
.
And
therfore
vpon
that
that
is
the
cause
of
the
decaye
&
distruccion
of
them
it
semeth
there
can
no
prediall
tythe
ryse
/
&
some
men
say
that
this
was
the
cause
why
our
lorde
in
the
said
chapiter
of
Leuitici
.xxvii.
gaue
no
commandement
to
tythe
the
trees
but
the
frutes
of
the
trees
onely
.
¶
Doctour
.
It
appereth
in
Paralape
.xxxi.
that
the
Iewes
in
the
tyme
of
the
kyng
Ezechias
offered
in
the
temple
all
thynges
that
the
groude
brought
forth
/
&
that
was
trees
as
well
as
corne
&
gres
.
¶
Student
.
It
appereth
nat
that
they
dyd
that
by
the
commandement
of
god
&
therfore
it
is
lyke
that
they
dyd
it
of
theyr
owne
deuocion
&
of
a
fauour
that
they
had
aboue
theyr
dutye
to
the
repayrynge
of
the
temple
whiche
the
kynge
Ezechias
had
then
commanded
to
be
repayred
/
&
so
that
〈◊〉
proueth
nothynge
that
tythe
shuld
be
payde
for
trees
/
&
therefore
they
say
ferther
that
trouth
it
is
that
if
a
man
to
the
entent
he
wolde
pay
no
tythe
:
wolde
wilfully
suffer
his
corne
&
gres
to
stande
still
&
to
perisshe
/
he
shuld
offende
conscience
therby
/
but
thoughe
he
suffer
his
trees
to
stande
still
continually
withoute
fellinge
bycause
he
thinketh
a
tythe
wold
be
asked
if
he
felled
them
(
so
that
he
do
it
nat
of
an
euill
will
of
the
curate
)
he
offendeth
nat
in
conscience
/
ne
he
is
nat
bounde
to
restitucion
therfore
as
he
shuld
be
if
it
were
of
corne
&
gres
as
before
apereth
/
&
another
diuersiti
is
thꝭ
In
this
case
of
rythe
worde
/
the
tythe
therof
wolde
serue
so
litle
so
that
purpose
that
tythes
be
payd
for
:
that
it
is
nat
likely
that
they
that
made
the
law
for
payment
of
tythes
entended
that
any
fythe
shuld
be
payde
for
trees
or
wode
/
for
the
spirituall
ministers
muste
of
necessitie
spende
dayly
&
wekely
/
&
therfore
the
tythe
of
trees
or
wode
that
cometh
so
seldom
wold
serue
so
litell
to
the
purpose
that
it
shuld
be
payd
for
that
it
wolde
nat
helpe
them
in
theyr
necessite
so
that
if
they
shulde
be
driuen
to
truste
therto
though
it
might
helpe
him
in
whose
time
it
shulde
happen
to
fall
yet
it
shuld
deceyue
the
that
trusted
to
it
in
the
meane
tyme
:
&
also
shulde
leue
the
parysshe
without
any
to
minister
to
them
.
¶
Doctor.
I
wolde
well
agre
that
for
trees
that
bere
frute
there
shuld
no
predial
tythe
be
payd
whan
they
be
solde
/
for
the
prediall
tythe
of
them
is
the
frutes
that
come
of
them
&
so
there
can
nat
be
two
prediales
of
one
thing
/
as
thou
hast
sayd
.
But
of
other
tres
that
bere
no
frute
me
thinketh
that
a
predial
tythe
shuld
be
payd
whan
they
be
solde
/
&
so
it
appereth
that
there
ought
to
be
by
the
constitucion
prouinciall
made
by
the
reuerente
father
in
god
Robertte
whyncelse
late
archebisshope
of
Cauntorbury
where
it
is
sayd
&
declared
that
(
silua
cedua
)
is
or
euery
kynde
of
trees
that
haue
beyng
in
that
that
they
shuld
be
curte
or
that
be
able
to
be
cutte
wherof
we
wyll
sayth
he
that
the
possessoure
of
the
sayd
woodes
be
compelled
by
the
censures
of
the
churche
to
pay
to
the
parysshe
churche
/
or
mother
church
the
tythe
as
a
reall
or
prediall
tythe
&
so
by
vertue
of
that
constitucion
prouinciall
a
prediall
tythe
muste
be
payde
of
suche
trees
as
haue
no
frute
/
for
I
wolde
well
agre
that
the
sayd
constitucion
prouinciall
stretched
nat
to
trees
that
bere
frutes
though
the
wordes
be
general
for
all
trees
as
before
appereth
.
¶
Student
.
I
take
nat
the
reason
why
a
prediall
tythe
shulde
nat
be
payde
for
trees
that
bere
frute
to
be
bycause
two
prediall
tythes
can
nat
be
payde
for
one
thynge
/
for
whan
the
tythe
is
payd
of
lambes
yet
shall
tythe
be
payde
of
wolle
of
the
same
shepe
/
for
it
is
payde
for
a
nother
increase
/
&
so
it
might
be
sayd
that
the
frut
of
a
tree
is
one
encrease
&
the
fellyng
a nother
/
but
I
take
the
cause
to
be
for
the
two
causes
byfore
reherced
&
also
for
as
moche
as
the
fellynge
is
nat
properly
an
increase
of
the
trees
but
a
distruccion
of
the
trees
as
it
is
sayd
before
.
And
ferther
I
wolde
here
thy
mynde
vpon
the
said
constitucion
prouincial
whiche
wyll
that
tythe
shulde
be
payde
for
trees
by
the
possessoures
of
the
woode
that
if
the
possessour
sell
the
woode
for
.
C.
li.
&
gyue
the
byer
a
certayne
tyme
to
sell
it
in
/
what
tythe
shall
the
possessour
paye
as
longe
as
the
woode
standeth
.
¶
Doctoure
.
I
thynke
none
for
the
prediall
tythe
cometh
nat
tyl
the
woode
be
felled
&
a
personall
tythe
he
can
nat
pay
/
no
more
than
if
a
man
plucke
downe
his
how
se
and
selleth
it
/
or
if
he
sell
all
his
lande
/
in
whiche
cases
I
agre
well
he
shall
paye
no
tythe
neyther
prediall
nor
personall
.
¶
Student
And
than
I
put
case
that
the
byer
selleth
the
woode
agayne
as
it
is
standyng
vpon
the
grounde
to
a nother
for
.cc.
li.
what
tythe
shal
be
payde
than
.
¶
Doctoure
.
Than
the
fyrste
byer
shall
pay
tythe
of
the
surplusage
that
he
taketh
ouer
the
.
C.
li.
that
he
payde
as
a
personall
tythe
.
¶
Student
.
And
than
if
the
seconde
byer
after
that
cut
it
downe
&
sell
it
whan
it
is
cut
downe
for
lesse
than
he
payd
/
what
tythe
shall
than
be
payde
.
¶
Doctour
.
Than
shall
he
that
felleth
them
paythe
tythe
for
the
trees
as
a
predial
tythe
.
¶
Student
.
I
can
nat
se
howe
that
ca
be
for
he
nether
hath
the
trees
that
the
predial
tithe
shulde
be
payd
for
if
any
oughte
to
be
payde
/
nor
he
is
nat
possessour
of
the
ground
where
the
trees
grow
:
&
therfore
if
any
predial
tythe
shuld
be
payd
it
shuld
be
payd
eyther
by
the
fyrst
possessour
by
reason
of
the
wordes
of
the
sayd
constitucion
prouincial
whiche
be
that
the
tythe
shal
be
payd
by
the
possessoure
of
the
wood
/
or
by
the
last
byer
bycause
he
hath
the
trees
that
shuld
be
tythed
&
by
the
fyrst
possessour
the
tythe
can
nat
be
payde
as
a
predial
for
he
cut
nat
them
downe
ne
they
were
nat
cut
downe
vpon
his
bargayne
/
&
by
the
laste
byer
it
can
nat
be
payde
neyther
as
a
predial
tythe
for
the
sayd
constitucion
sayth
that
the
possessours
of
the
wodes
shuld
be
compelled
to
pay
it
.
And
therfore
I
suppose
that
the
trouth
is
that
in
that
case
no
●●the
shal
be
payde
/
for
as
to
the
last
seller
he
shall
pay
no
personall
tithe
for
he
gayned
nothyng
as
it
appereth
before
/
&
no
prediall
tithe
shal
be
payd
/
for
it
shuld
be
agaynst
the
sayd
prescripcion
/
&
also
the
cuttinge
downe
is
the
distruccion
of
trees
&
nat
theyr
p̄seruacion
as
is
sayd
before
.
¶
Doctour
.
Than
takest
thou
the
sayd
constitucion
to
be
of
smale
effect
as
it
semeth
¶
Student
.
I
take
it
to
be
of
this
effect
that
of
woode
aboue
.xx.
yere
it
bindeth
nat
bycause
it
is
contrari
to
the
comon
law
&
to
the
sayd
prescripcion
that
standeth
good
in
the
comon
law
/
but
of
wood
vnder
.xx.
yere
wherof
tithe
hath
been
accustomed
to
be
payd
:
the
constitucion
is
nat
agaynst
the
sayd
p̄scripcion
bycause
patēg
of
tythe
vnder
.xx.
yere
is
nat
prohibit
but
suffred
by
the
sayd
statute
howe
be
it
some
say
that
by
the
very
rigour
of
the
comon
lawe
tithes
shuld
nat
be
payd
for
wood
vnder
.xx.
yere
no
more
than
for
aboue
.xx.
yere
&
that
a
ꝓhibicion
in
that
case
lieth
by
the
comon
lawe
/
neuerthiles
bycause
it
hath
ben
suffered
to
the
contrary
&
that
in
many
places
tithe
hath
ben
payd
therof
.
I
passe
it
ouer
but
where
tithe
hath
nat
be
payd
of
wood
vnder
.xx.
yere
.
I
thinke
none
ought
to
be
payd
at
this
day
in
law
nor
conscience
:
but
admitte
it
that
the
sayd
constitucion
taketh
effecte
for
payment
of
tithe
wood
vnder
.xx.
yere
as
of
a
predial
tithe
/
yet
I
can
nat
se
how
the
tithe
therof
shuld
be
payde
by
the
possessoure
of
the
wode
if
he
sell
them
but
that
it
shuld
be
payd
rather
by
hym
that
hath
the
trees
/
for
the
constitucion
is
that
the
tythe
shal
be
payde
as
a
reall
or
a
predial
tithe
/
&
that
is
the
.x.
parte
of
the
same
trees
as
it
is
of
corne
/
&
if
a
man
bye
corne
vpon
the
grounde
the
byer
shall
pay
the
tythe
&
nat
the
seller
&
so
it
shulde
seme
to
be
here
&
what
the
constitucion
mente
to
decree
the
contrari
in
tythe
wode
I
can
nat
tell
oneles
the
meanyng
were
to
enduce
the
owners
to
pay
tyths
of
great
trees
whan
they
fell
them
to
theyr
owne
vse
whiche
me
thynketh
shulde
be
very
harde
to
proue
to
stande
with
reason
though
the
sayd
statute
had
neuer
be
made
as
I
haue
sayd
before
.
And
ferthermore
I
wolde
here
vnder
correccion
moue
one
thynge
&
that
is
this
that
as
it
semeth
they
that
were
at
the
makynge
of
the
sayde
constitucion
that
knewe
the
sayd
prescripcion
dyd
nat
folow
the
directe
order
of
charite
therin
so
perfitely
as
they
might
haue
done
/
for
whan
they
made
the
sayd
constitucion
prouinciall
directely
against
the
said
prescripcion
/
they
set
law
against
custome
/
&
power
against
power
&
in
maner
the
spiritualtie
against
the
temporaltie
/
whereby
they
might
well
knowe
that
greate
variaunce
&
sute
shuld
folowe
/
&
therfore
if
they
had
clerely
sene
that
the
sayde
prescripcion
had
ben
agaynste
conscience
they
shulde
fyrste
haue
moued
the
kynge
&
his
counsayle
&
the
nobles
of
the
realme
to
haue
assented
to
the
reformacion
of
that
p̄scripcion
&
nat
to
make
a
lawe
as
it
were
by
authorite
&
power
agaynst
the
prescripcion
&
than
to
threte
the
people
&
make
them
byleue
that
they
all
were
accursed
that
kept
the
sayd
prescripcion
or
that
mayntayne
it
/
&
it
semeth
to
stande
hardely
with
conscience
to
reporte
so
many
to
stande
accursed
for
folowinge
of
the
sayd
statute
&
of
the
sayd
p̄scripcion
as
there
do
&
yet
to
do
no
more
than
hath
be
done
to
bringe
them
out
of
it
¶
Doctour
.
Me
thinketh
that
it
is
nat
conuenient
that
lay
men
shuld
argue
the
lawes
&
the
decrees
or
constitucions
of
the
church
&
therfore
it
were
better
for
them
to
gyue
credence
to
spirituall
rulers
that
haue
cure
of
theyr
soules
than
to
truste
to
theyr
owne
opinions
/
&
if
they
wolde
do
so
than
suche
matters
wolde
moche
the
more
rather
cesse
than
they
will
do
by
suche
reasoningꝭ
.
¶
Student
.
In
that
that
belongeth
to
the
articles
of
the
faythe
I
thynke
the
people
be
bounde
to
byleue
the
church
/
for
the
churche
gadered
to
gyder
in
the
holy
ghoste
can
nat
erre
in
suche
thynges
as
belonge
to
the
catholike
fayth
but
where
the
churche
maketh
any
lawes
wherby
the
goodes
or
possessions
of
the
people
maye
be
bounde
/
or
by
this
occasion
or
that
may
be
taken
fro
them
there
the
people
may
lawfully
reason
whether
the
lawes
bideth
them
or
nat
for
in
suche
lawes
the
churche
may
erre
&
be
deceyued
&
deceyue
other
eyther
for
singularite
or
for
couetyce
for
some
other
cause
/
&
for
that
consideracion
it
perteyneth
moste
to
them
that
be
lerned
in
the
lawe
of
the
realme
to
knowe
suche
lawes
of
the
churche
as
trete
of
the
orderynge
of
landes
or
goodes
&
to
se
whether
they
may
stande
with
the
lawes
of
the
realme
or
nat
&
therfore
it
is
necessarie
for
them
to
know
the
lawes
of
the
churche
that
treate
of
dismes
of
executours
of
testamentes
of
legacies
bastardye
matrimonie
&
diuers
other
wherin
they
be
bounde
to
knowe
whan
the
lawe
of
the
church
must
be
folowed
&
whan
the
law
of
the
realme
/
wherof
bycause
it
is
nat
our
purpose
to
treate
.
I
leue
to
speke
any
more
at
this
tyme
/
and
wyll
resorte
agayne
to
speke
of
tythes
/
wherin
some
men
say
that
of
tynne
/
cole
/
&
leade
no
tythe
shulde
be
payde
whan
they
be
solde
by
the
owne
of
the
grounde
bycause
it
is
parte
of
the
enheritaunce
&
it
is
more
rather
a
distruccion
of
the
enheritaunce
than
an
encreace
/
&
therfore
they
say
that
if
a
man
take
a
tyn
werke
&
gyue
the
lorde
the
tenthe
dysshe
accordynge
to
the
custome
that
the
lord
shall
pay
no
tythe
of
that
tenth
dysshe
neyther
prediall
nor
personall
:
but
if
the
other
that
taketh
the
werke
haue
geyns
&
aduauntage
by
the
werke
it
semeth
that
it
were
nat
agaynste
reason
that
he
shuld
pay
a
personall
tythe
of
his
geyns
the
charges
deducte
.
¶
Doctoure
.
I
pray
the
shewe
me
fyrst
what
thou
takest
for
a
personall
tythe
and
vpon
what
ground
personal
tithes
be
payd
as
thou
thinkest
so
that
one
of
vs
mystake
nat
a nother
therin
.
¶
Student
.
I
will
with
good
wyll
&
therfore
thou
shalt
vnderstande
that
as
I
take
it
personall
tythes
be
nat
payde
for
any
increase
of
the
grounde
/
but
for
suche
ꝓfite
as
cometh
by
the
labour
or
industrie
of
the
person
/
as
by
byeng
&
sellynge
&
suche
other
/
&
suche
personall
tythes
as
I
take
it
muste
be
ordered
after
the
custome
&
the
churche
hath
nat
vsed
to
leuye
those
tythes
by
compulsion
but
by
conscience
of
the
parties
/
neuertheles
Raymond
sayth
that
it
is
good
to
pay
personal
tythes
or
with
the
assente
of
the
person
to
distribute
them
to
pore
men
/
or
els
to
pay
a
certayn
porcion
for
the
hole
/
but
as
Innocen
sayth
/
where
the
custome
is
that
they
shuld
be
payde
the
people
be
bounde
to
pay
them
as
well
as
predialles
/
the
expences
deducte
/
howe
be
it
in
the
churche
of
Englande
they
vse
to
sue
for
suche
personall
tythes
as
wel
as
for
predialles
&
that
is
by
reason
of
a
constitucion
prouinciall
that
was
made
by
Robert
wynchelsey
late
archebisshope
of
Cauntorbury
/
by
the
whiche
it
was
ordeyned
that
personall
tythes
shuld
be
payd
of
craftes
&
marchandyse
/
&
of
the
lucre
of
byeng
&
sellinge
/
&
in
lykewise
of
carpenters
/
smythes
/
weuers
/
masons
&
all
other
that
worke
for
hyre
that
they
shall
pay
tythes
of
theyr
hyre
except
they
will
gyue
any
thyng
certayne
to
the
vse
or
to
the
light
of
the
churche
if
it
so
please
the
person
/
&
in
another
place
the
sayd
archebisshoppe
saythe
that
of
the
pawnage
of
woodes
&
suche
other
thinges
&c.
&
of
fysshynges
/
trees
/
bees
/
downes
/
&
of
diuers
other
thinges
there
remembred
/
&
of
craftes
/
&
of
byenge
&
sellynge
&
of
the
profites
of
diuers
other
thinges
there
receyted
/
euery
man
shuld
holde
satisfi
competently
to
the
churche
/
to
the
whiche
they
be
bounde
to
gyue
it
of
right
/
no
expences
by
the
gyuinge
of
the
sayd
tythes
deducte
or
withholden
/
but
onely
for
the
payment
of
tythes
of
craftes
&
of
byenge
&
sellinge
/
&
by
reason
of
the
sayde
constitucions
prouincials
somtyme
sutes
be
taken
in
the
spirituall
court
for
personall
tythes
/
&
therof
many
men
do
meruayle
/
bycause
the
deduccions
many
tymes
must
be
referred
to
the
conscience
of
the
parties
.
And
they
meruayl
also
why
a
law
shuld
be
made
in
this
realme
for
painge
of
personall
tythes
more
than
there
is
in
other
contreys
.
And
here
I
wolde
moue
the
ferther
in
one
thyng
concernyng
suche
personall
tythes
to
knowe
thy
mynde
therin
/
&
that
is
/
if
a
man
gyue
to
another
an
horse
/
&
he
selleth
that
horse
for
a
certayne
summe
/
shall
he
paye
any
tythe
of
that
summe
.
¶
Doctoure
.
what
thinkest
thou
therin
.
¶
Student
.
I
thinke
that
he
shall
pay
no
tythe
/
for
there
as
I
take
it
the
profite
cometh
nat
to
him
by
his
owne
industri
but
by
the
gyfte
of
an
other
/
&
as
I
take
it
:
personall
tythes
be
nat
payd
for
euery
profite
or
aduauntage
that
cometh
newly
to
a
man
except
it
come
by
his
own
industri
or
labour
&
so
it
dothe
nat
here
.
And
also
if
he
shulde
paye
tythe
of
that
he
solde
the
horse
for
:
he
shuld
pay
tithe
for
the
very
hole
value
of
the
thinge
.
And
as
I
take
it
:
the
personall
tythes
for
byenge
&
sellinge
shall
neuer
be
payde
for
the
value
of
the
thynge
/
but
for
the
clere
geynes
of
the
thynge
/
and
therfore
I
take
the
cases
before
rehersed
where
a
man
selleth
his
lande
or
pulleth
downe
a
house
and
selleth
the
stuffe
/
that
he
shulde
there
paye
no
tythe
/
that
it
is
there
to
be
vnderstande
that
he
hath
the
lande
or
howse
by
gyfte
or
by
discent
/
for
if
a
man
bye
lande
/
or
bye
the
tymber
&
stuffe
of
a
howse
and
sell
it
for
agayn
I
suppose
that
he
shulde
paye
a
personall
tythe
for
that
gayne
/
and
this
case
is
nat
lyke
to
a
fee
or
annuite
graunted
for
counsayle
where
the
hole
fee
shal
be
tythed
/
for
the
charges
deducte
or
some
certayn
some
for
it
by
agrement
/
for
there
the
hole
fee
cometh
for
his
counsayle
whiche
is
by
his
owne
industrie
.
But
in
the
other
case
it
is
nat
so
/
and
the
same
reason
as
for
the
person
all
tythe
might
be
made
of
trees
whan
they
descende
or
be
gyuen
to
any
man
and
he
selleth
them
to
a nother
that
he
shall
paye
no
personall
tythe
.
¶
Doctoure
.
Me
thynketh
that
if
the
horse
amende
in
his
kepynge
&
than
he
sell
the
horse
/
that
than
the
tythe
shal
be
payd
of
that
that
the
horse
hath
encreased
in
value
after
the
gyft
&
so
it
may
be
of
trees
that
he
shall
pay
tythe
of
that
that
the
trees
be
amended
after
the
gyft
or
discent
.
¶
Student
.
Than
the
tythe
muste
be
the
.x.
parte
of
the
encrease
the
expences
deducte
/
and
than
of
trees
the
charges
muste
also
be
deducte
/
for
it
is
than
a
personal
tythe
/
and
there
is
no
tree
that
is
so
moche
worthe
as
it
hath
hurte
the
grounde
by
the
growynge
/
&
therfore
there
can
no
personal
tythe
be
payd
by
the
owner
of
the
grounde
whan
he
selleth
them
though
they
haue
increased
in
this
tyme
.
Neuertheles
I
will
speke
no
ferther
of
that
matter
at
this
tyme
/
but
wyll
shewe
the
that
if
tyme
/
lede
/
cole
/
or
trees
be
solde
that
a
myxte
tythe
can
nat
growe
therby
/
for
a
myxt
tythe
is
properly
of
calues
/
lambes
/
pygges
/
&
suche
other
that
come
part
of
the
ground
that
they
be
fedde
of
/
&
part
of
the
kepyng
industri
&
ouersight
of
the
owners
as
it
is
sayd
before
/
but
tynne
/
lede
/
&
cole
are
parte
of
the
grounde
&
of
the
freholde
/
&
trees
growe
of
them selfe
/
&
be
also
annexed
to
the
freholde
&
will
growe
of
themselfe
/
&
also
the
mixte
tythe
muste
be
payde
yerely
at
certayne
tymes
appointed
by
the
law
or
by
custome
of
the
contrey
/
but
it
may
happen
that
tinne
/
lede
/
cole
/
&
trees
shall
nat
be
felled
nor
taken
in
many
yeres
/
&
so
it
semeth
it
can
nat
be
any
mixt
tythe
/
&
these
be
some
of
the
reasons
whiche
they
that
wolde
mayntayne
that
statute
&
prescripcion
to
be
good
:
make
to
proue
theyr
intent
as
they
thynke
.
¶
Doctour
.
What
thynke
they
if
a
man
sell
the
loppes
of
his
woode
whether
any
tythe
ought
there
to
be
payd
¶
Student
.
They
thynke
all
one
lawe
of
the
trees
&
of
the
loppes
.
¶
Doctour
.
And
if
he
vse
to
fell
the
loppes
ones
in
.xii.
or
.xvi.
yere
/
what
holde
they
than
.
¶
Student
.
That
all
his
one
.
¶
Doctoure
.
And
what
is
theyr
reason
why
tythe
ought
nat
to
be
payde
there
as
well
as
for
woode
vnder
.xx.
yere
.
¶
Student
.
For
they
say
that
the
loppes
are
to
be
taken
of
the
same
condicion
as
the
trees
be
what
time
so
euer
they
be
felled
/
and
that
no
custome
will
serue
in
that
case
agaynst
the
statute
/
no
more
than
it
shuld
do
of
great
trees
.
¶
Doctour
.
And
what
holde
they
of
the
barke
of
the
trees
.
¶
Student
.
Therin
I
haue
nat
herde
theyr
opinions
/
but
it
semeth
to
be
one
law
with
the
loppes
.
¶
Doctour
.
I
perceyue
wel
by
that
thou
hast
sayd
before
that
thy
mynde
is
that
if
a
hole
contrey
prescribe
to
be
quite
of
tithes
of
trees
/
corne
/
&
gres
/
or
of
any
other
tythes
:
that
that
p̄scripcion
is
good
so
that
the
spirituall
ministers
haue
sufficient
beside
to
liue
vpon
/
dost
thou
nat
mene
so
.
¶
Student
.
yes
verely
.
¶
Doctor.
And
than
I
wolde
know
thy
mynde
if
any
man
contrary
to
that
prescripcion
were
sued
in
the
spirituall
court
for
corne
&
gres
or
any
other
rythes
whether
a
prohibicion
shulde
lye
in
that
case
as
it
dyd
after
thy
mynde
before
the
sayd
statute
where
a
man
was
sued
in
the
spirituall
court
for
tythe
wood
.
¶
Student
.
I
thynke
nay
.
¶
Doctoure
.
And
why
nat
there
as
well
as
is
dyd
where
a
man
was
sued
for
the
tithe
woode
.
¶
Student
.
For
as
I
take
it
:
there
is
great
diuersiti
bytwene
the
cases
&
that
for
this
cause
/
there
is
a
maxime
in
the
law
of
Englande
that
if
any
sute
be
taken
in
the
spirituall
court
wherby
any
goodes
or
landes
might
be
recouered
/
whiche
after
the
groundes
of
the
lawe
of
the
realme
ought
nat
to
be
sued
there
:
though
percase
the
kynges
court
shall
holde
no
plee
therof
:
that
yet
a
prohibicion
shuld
lye
/
&
after
whan
it
had
continued
longe
that
no
tythes
were
payd
of
wood
bycause
of
the
sayd
prohibicion
&
that
after
by
processe
of
time
some
curates
began
to
aske
tithes
of
wood
contrary
to
the
law
&
contrary
to
the
sayd
prescripcion
:
so
that
variaunce
began
to
ryse
bytwene
curates
&
theyr
parysshens
in
that
behalfe
/
than
for
appeasinge
of
the
sayd
variaunce
the
sayd
statute
was
made
/
&
that
as
it
semeth
more
at
the
callynge
on
of
the
spiritualty
than
of
the
temporalty
/
for
the
statute
doth
nat
expressely
graunt
that
the
prohibicion
in
that
case
of
tythe
wood
shulde
lye
so
largely
as
some
saye
it
laye
by
the
lawe
:
howe
be
it
/
it
doth
nat
restrayn
the
comon
lawe
therin
as
it
appereth
euidently
by
the
wordes
of
the
statute
/
&
so
after
some
men
it
appered
before
the
statute
&
also
after
the
statute
as
I
haue
touched
before
/
that
the
spirituall
courte
ought
nat
in
that
case
to
haue
made
any
processe
for
●ythe
wood
:
&
therfore
if
they
dyd
a
prohibicion
laye
by
the
comon
lawe
:
&
lyke
lawe
is
if
the
spirituall
courte
make
processe
vpon
suche
a
legaci
as
by
the
law
of
the
realme
is
voyde
.
As
if
a
man
bequethe
so
one
a nother
mannes
horse
/
&
the
spirituall
courte
thervpon
maketh
processe
to
execute
that
legaci
:
there
a
prohibicion
lyeth
/
for
it
appereth
euidently
in
the
lybell
if
all
the
trouth
appere
in
the
lybell
that
in
the
law
of
the
realme
that
legaci
is
voyd
to
all
ententes
.
And
that
he
to
whome
the
legacy
is
made
shall
neyther
haue
the
horse
nor
the
value
of
the
horse
.
And
in
lykewyse
if
a
man
sell
his
lande
for
C.
li.
&
he
is
sued
after
in
the
spirituall
court
for
the
tythe
of
the
sayd
.
C.
li.
There
a
prohibicion
shall
lye
/
for
it
appereth
in
that
case
openly
in
the
lybel
that
no
tythe
ought
to
be
payd
/
&
that
the
spirituall
law
ought
nat
in
that
case
to
make
any
processe
whereby
the
goodes
of
hym
that
solde
the
lande
myght
be
taken
fro
hym
agaynste
the
law
of
the
realme
/
and
vpon
this
grounde
it
is
that
if
a
man
were
sued
in
the
spiritual
courte
nowe
sythe
the
statute
for
a
mortuary
that
a
prohibicion
shulde
lye
/
for
it
appereth
in
the
lybell
:
that
sythe
the
statute
there
oughte
no
sure
to
be
taken
for
mortuaryes
/
and
the
same
lawe
is
if
any
sute
were
taken
in
the
spirituall
court
for
a
newe
duty
that
is
of
late
taken
in
some
places
vpon
leases
of
personages
and
vycarages
whiche
is
called
a
dimission
noble
/
for
it
appereth
euidently
in
the
lybell
if
any
be
made
therupon
that
no
suche
processe
oughte
by
the
lawe
of
the
realme
to
be
made
in
that
behalfe
/
but
in
the
case
of
tythe
corne
/
or
gresse
/
or
suche
other
thinges
wherein
thou
haste
desyred
to
know
my
mynde
/
there
appereth
nothyng
in
the
lybel
but
that
the
sute
thereof
of
right
perteyneth
to
the
spirituall
lawe
&
so
for
any
thynge
that
appereth
the
partye
maye
be
holpen
in
the
spirituall
court
by
that
prescripcion
/
and
if
the
case
were
soo
farre
put
that
in
the
spirituall
court
they
wolde
nat
alowe
the
sayd
prescripcion
/
yet
I
thinke
no
prohibicion
shulde
lye
/
for
thoughe
the
spirituall
iuges
in
a
spirituall
matter
denye
the
parties
of
iustice
/
yet
the
kinges
lawes
can
nat
reforme
that
/
but
muste
remitte
it
to
theyr
conscience
.
But
if
there
were
some
remedye
prouided
in
that
case
/
it
were
well
done
/
for
some
saye
that
in
the
spirituall
courte
they
will
admitte
no
plee
agaynst
tythes
.
And
also
if
a
composicion
were
made
by
assent
of
the
patrone
&
also
of
the
ordinari
bytwene
a
persone
and
one
of
his
parysshens
that
the
person
and
his
successours
shuld
haue
for
a
certayne
grounde
so
many
quarters
of
corne
for
his
tythe
yerely
/
and
after
contrary
to
that
composicion
the
persone
in
the
spirituall
courte
asketh
the
tythes
as
they
fall
/
that
in
this
case
no
prohibicion
shuld
lye
/
ne
yet
though
the
case
were
further
put
that
the
composicion
were
pleaded
in
the
courte
and
were
disalowed
/
but
all
resteth
in
the
conscience
of
the
iuges
spirituall
as
is
sayde
before
how
be
it
bycause
some
be
of
opinion
that
a
prohibicion
shulde
lye
in
this
laste
case
/
therfore
I
well
referre
it
to
the
iugemente
of
other
/
but
in
the
case
of
the
prescripcion
before
rehersed
I
take
it
for
the
clerer
case
/
that
no
prohibicion
shall
lye
as
I
haue
said
before
.
And
I
beseche
our
lorde
that
this
matter
and
suche
other
lyke
thereto
maye
be
so
charitably
loked
vpon
that
there
be
nat
here
after
suche
diuisions
ne
suche
diuersities
of
opinions
therein
as
hath
ben
in
tyme
paste
wherby
hath
folowed
great
costes
and
charges
to
many
persons
in
this
realme
&
that
hath
moued
me
to
speke
so
farre
in
this
chapitre
and
in
diuers
other
chapitres
of
this
presente
boke
as
I
haue
done
/
nat
entendynge
thereby
to
gyue
occasion
to
any
persone
to
witholde
his
tythes
that
of
righte
oughte
to
be
payde
/
ne
to
alter
the
porcion
therein
before
accustomed
/
but
that
as
me
thynketh
they
oughte
to
be
claymed
by
the
same
title
as
they
oughte
to
be
payde
/
&
by
none
other
/
&
that
it
may
also
somwhat
appere
that
the
sayde
statute
of
.xlv.
of
Edwarde
the
.3
.
was
well
and
lawfully
made
and
vpon
a
good
reasonable
consideracion
/
and
that
the
sayde
prescripcion
is
good
also
/
so
that
no
man
was
in
any
daunger
of
excommunicacion
for
the
makynge
of
the
sayd
statute
/
nor
yet
is
nat
for
the
obseruyng
thereof
/
ne
yet
of
the
sayde
prescripcion
as
it
is
noted
by
some
persons
that
there
shulde
be
.
And
thus
I
commit
the
vnto
our
lorde
:
who
euer
haue
bothe
the
and
me
in
his
blessed
kepyng
euerlastingly
.
Amen
.
❧
Finis
.