STATUTES

AND

PROCEEDINGS IN PARLIAMENT

CONCERNING

TITHES.

Magna Charta. 9 Hen. S. c. 1.

FIRST, we have granted to God, and by this our present charter have

confirmed, for us and our heirs for ever, that the church of England shall be free, and shall have all her rights entire, and her liberties unhurt.

13 Edw. 1. stat. 1. (West. 2.)

CHAP. 5.

Remedies to redress Usurpations of Advowsons of Churches, &c.

1225.

1285.

WHEREAS of advowsons of churches there be but three original writs, Three original

that is to say, one writ of right, and two of possession, which be darrein writs of advowpresentment, and quare impedit; and hitherto it has been used in the realm, son. that when any having no right to present, had presented to any church whose clerk was admitted, he that was very patron could not recover his advowson, but only by a writ of right, which should be tried by battle or by assize, whereby heirs within age, by fraud, or else by negligence of their wardens,

tates shall not

in the reversion. prejudice them

and heirs both of great and mean estate, by negligence or fraud of tenants by Usurpation of the courtesy, women-tenants in dower, or otherwise, for term of life, or for churches during years, or in fee-tail, were many times disherited of their advowsons, or at particular esleast, (which was the better for them) were driven to their writ of right, in which case hitherto they were utterly disinherited; it is provided, that such presentments shall not be so prejudicial to the right heirs, or to them unto whom such advowsons ought to revert after the death of any persons; for as often as any, having no right, does present, during the time that such heirs are in ward, or during the estates of tenants in dower, by the courtesy, or otherwise for term of life, or of years, or in tail, at the next avoidance, when the heir is come to full age, or when, after the death of the tenants before named, the advowson shall revert unto the heir being of full age, he shall have such action by writ of advowson possessory, as the last ancestor of such an heir should have had at the last avoidance happening in his time, being of full age before his death, or before the demise was made for term of life, or in fee-tail, as before is said. The same shall be observed in presentments made unto Presentations to churches, being of the inheritance of wives, what time they shall be under churches of the power of their husbands, which must be aided by this statute by the remedy women during aforesaid. Also religious men, as bishops, archdeacons, parsons of churches, Churches of reliand other spiritual men, shall be aided by this statute, in case any, having no gious persons. right to present, do present unto churches belonging to prelacies, spiritual dignities, parsonages, or to houses of religion, what time such houses, prelacies, spiritual dignities, or parsonages be vacant.

II. Neither

their coverture.

1285. Judgments

given shall not be reversed but by writ of error or attaint.

The defendant pleads plenarty of his own pre

sentation.

Presentations to a church by composition.

The remedy for

a disturbance

after a particular

estate ended.

Damages in uare impedit

and darrein pre

entment.

Quare impedit

of prebends, vicarages, hospitals, &c.

II. Neither shall this act be so largely understood, that such persons, for whose remedy this statute was ordained, shall have the recovery aforesaid, surmising that guardians of heirs, tenants in tail, by the courtesy, tenants in dower, for term of life, or for years, or husbands, which faintly have defended pleas moved by them, or against them; because the judgments given in the King's courts shall not be annulled by this statute, the judgment shall stand in its force, until it be reversed in the court of the King as erroneous, if error be found; or by assize of darrein presentment; or by inquest by a writ of quare impedit, if it be passed, or be annulled by attaint, or certification, which shall be freely granted. And henceforth one form of pleading shall be observed among justices in writs of darrein presentment and quare impedit, in this respect, if the defendant allege plenarty of the church of his own presentation, the plea shall not fail by reason of the plenarty; so that the writ be purchased within six months, though he cannot recover his presentation within the six months. And sometimes, when an agreement is made between many claiming one advowson, and enrolled before the justices in the roll, or by fine, in this form, that one shall present the first time, and at the next avoidance another, and the third time another; and so of many, in case there be many. And when one has presented, and had his presentation, which he ought to have according to the form of their agreement and fine, and at the next avoidance he to whom the second presentation belongs, is disturbed by any that was party to the said fine, or by some other in his stead; it is provided, that henceforth they that be so disturbed, shall have no need to sue a quare impedit, but shall resort to the roll or fine; and if the said concord or agreement be found in the roll or fine, then the sheriff shall be commanded, that he give knowledge unto the disturber, that he be ready at some short day, containing the space of fifteen days, or three weeks, (as the place happens to be near or far,) for to shew if he can allege any thing, wherefore the party that is disturbed ought not to present: and if he come not, or peradventure do come, and can allege nothing to bar the party of his presentation, by reason of any deed made or written since the fine was made or enrolled, he shall recover his presentation with his damages. And where it chances, that after the death of the ancestor of him that presented his clerk unto a church, the same advowson is assigned in dower to any woman, or to tenant by the courtesy, which do present, and after the death of such tenants, the very heir is disturbed to present when the church is void; it is provided, that from henceforth it shall be in the election of the party disturbed, whether he will sue a writ of quare impedit, or of darrein presentment. The same shall be observed in advowsons demised for term of life, or years, or in fee-tail.

III. And henceforth in writs of quare impedit and darrein presentment, damages shall be awarded, that is to wit, if the time of six months pass by the disturbance of any, so that the bishop do confer to the church, and the very patron lose his presentation for that time, damages shall be awarded for two years value of the church. And if the six months be not passed, but the presentment be deraigned within the said time, then damages shall be awarded to the half year's value of the church; and if the disturber have not whereof he may recompense damages, in case where the bishop confers by lapse of time, he shall he punished by two years imprisonment and if the advowson be deraigned within the half year, yet the disturber shall be punished by the imprisonment of half a year.

IV. And henceforth writs shall be granted for chapels, prebends, vicarages, hospitals, abbeys, priories, and other houses which be of the advowsons of other men, that have not been used to be granted before. And when the parson of any church is disturbed to demand tithes in the next parish, by a Disturbance by writ of indicavit, the patron of the parson so disturbed shall have a writ to demand the advowson of the tithes being in demand; and when it is deraigned, then shall the plea pass in the court-christian, as far forth as it is deraigned in the King's court.

indicavit.

Usurpation by one coparcener upon another.

V. When an advowson descends unto parceners, though one present twice, and usurp upon his co-heir, yet he that was negligent shall not be clearly barred, but another time shall have his turn to present when it falls.

CHAP. 24.