The Canon Law in Mediaeval England An Examination of William Lyndwoods Provin
The Canon Law in Mediaeval England An Examination of William Lyndwoods Provin
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" ^ Now how does Lynd- wood discuss this English rule, in regard to the matter of its validity ? He does not discuss it at all. He opens his gloss as follows : — " Legata. From this it is apparent that a beneficed clerk can dispose by will of the fruits of his church ; and this is true by custom even of fruits not yet gathered, as here, (in this constitution of Edmund Rich). Whence, a fortiori, the custom is valid that he may dispose by will of those gathered. It is otherwise, however, by the J...us Commune. But inasmuch as there is a custom practically general throughout England, that a beneficed clerk may dispose by will of the moveable goods acquired from the fruits of the church actually gathered, and sometimes though not ^ Lyndwood, p. 179. 7 98 MUS COMMUNE' AND ENGLISH CHURCH LAW gathered, as here, without any distinetion as to whether the beneficed clerk had himself administration or not : tliat question, as to whether a beneficed clerk may lawfully make a will concerning things acquired in regard of his Church, I pass over here as idle to discuss.
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To quickly assess the difficulty of the text, read a short excerpt:
" ^ Now how does Lynd- wood discuss this English rule, in regard to the matter of its validity ? He does not discuss it at all. He opens his gloss as follows : — " Legata. From this it is apparent that a beneficed clerk can dispose by will of the fruits of his church ; and this is true by custom even of fruits not yet gathered, as here, (in this constitution of Edmund Rich). Whence, a fortiori, the custom is valid that he may dispose by will of those gathered. It is otherwise, however, by the J...us Commune. But inasmuch as there is a custom practically general throughout England, that a beneficed clerk may dispose by will of the moveable goods acquired from the fruits of the church actually gathered, and sometimes though not ^ Lyndwood, p. 179. 7 98 MUS COMMUNE' AND ENGLISH CHURCH LAW gathered, as here, without any distinetion as to whether the beneficed clerk had himself administration or not : tliat question, as to whether a beneficed clerk may lawfully make a will concerning things acquired in regard of his Church, I pass over here as idle to discuss.
What to read after The Canon Law in Mediaeval England An Examination of William Lyndwoods Provin?
You can find similar books in the "Read Also" column, or choose other free books by Ogle, Arthur, 1871- to read onlineMoreLess
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