Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-cnmwb Total loading time: 0 Render date: 2024-07-23T10:19:01.205Z Has data issue: false hasContentIssue false

47 - Of Prescriptions

from 2 - The Reformatio legum ecdesiasticarum

Published online by Cambridge University Press:  01 September 2018

Gerald Bray
Affiliation:
Beeson Divinity School, Samford University
Get access

Summary

What is prescription.

Prescription is a certain right through time, meet and taking taking [sic] force by authority of laws, punishing the negligent and ending controversies, the which thing doth not much /wholly/ dissent from the law of nature, neither in all things doth it agree with nature. For as it is natural that none ought to be made rich with another's harm, so it is agreeing with natural reason that negligent men should be punished and controversies should have an end.

Prescription of tenths in another parish.

If one church hath had tenths in another parish by the space of forty years, we will that in law his condition be the better that is in possession, because that forty years prescription excludeth all manner of action.

A possessor upon an evil grounds or/known/ conscience, cannot prescribe.

No old or long continuance of possessing doth help any man that is [owner >claimant<] by wrong and evil conscience, except he do repent and be sorry, when he knoweth that he doth possess another's right and therefore cannot /be/ said to be owner in good conscience. Yea and all customs are to be broken that cannot be kept without deadly sin. Therefore it is meet that he who doth prescribe should not have his conscience troubled with the possession of any other man's goods, but he ought to be in posse upon good faith and conscience, without the which no prescription of the church is anything worth.

Interruptio tollit praescriptionem.

Si de praescriptione et interruptione mota fuerit quaestio si cum7 receptis testibus seu probationibus (quae recipi debent ab utraque parte) probata fuerit Interruptio, praescriptio non tenebit.

Contra visitantes nemo praescribere potest.

Quia secundum apostolum, qui spiritualia seminat, non est magnum si metat carnalia, (cumnemo suis stipendiis militare cogatur), statuendum est statuimus,9 ne subditus contra superiorem visitationem, aut procurationem ratione visitationis debitam, in seipso praescribere possit. Allegantes igitur se non meminisse procurationem solvisse aut petitam [209v] fuisse, audiendos non fore decernimus; sed negantes poena condigna afficiendos., N/nec non ad condignam satisfactionem compellendos, quacunque praescriptione temporis non obstante, statuimus.

Type
Chapter
Information
Tudor Church Reform
The Henrician Canons Of 1535 and the Reformatio Legum Ecclesiasticarum
, pp. 632 - 639
Publisher: Boydell & Brewer
Print publication year: 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Of Prescriptions
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.052
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Of Prescriptions
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.052
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Of Prescriptions
  • Edited by Gerald Bray
  • Book: Tudor Church Reform
  • Online publication: 01 September 2018
  • Chapter DOI: https://doi.org/10.1017/9781787441187.052
Available formats
×