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King's Title to Benefice Act 1351

As Enacted Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
Citation1351 c. 7
Year1351
A Statute for the Clergy, made Anno 25 Edw III. Stat. 3. and Anno Dom. 1350 The Ordinary may counterplead the King's Title for a Benefice fallen by Lapse.

(25 Edw. 3 St. 6) C A P. VII.

‘I T E M, Because that many Presentments to divers Benefices of holy Church, as well of the Patronage of Lay People, as of People of holy Church, which were void by six Months, whereof the Collation of such Benefices by Lapse of Time was devolute, and of Right pertaining to the Ordinaries of the Places, were recovered by the King by Judgements thereof given of the Assent of the said Patrons, in Deceit of the said Collations so made reasonably by the said Ordinaries; in which Pleas the Ordinaries nor their Clerks, to whom they did give such Benefices, were not received to shew nor defend their Right in this Behalf, nor to counterplead the King's Right so claimed, which is not resonable:’ 'Wherefore the King, by the Assentof the said Parliament, will and granteth for him and his Heirs, That when Archbishops, Bishops, or other Ordinaries, have given a Benefice of Right devolute to him by Lapse of Time, and after the King presenteth and taketh the Suit against the Patron; which percase will suffer that the King shall recover without Action tried, in deceit of the Ordinary, or the Possessor of the said Benefices, that in such Case...

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