The Doctor And Student Or Dialogues Between a Doctor of Divinity And a Studen
The Doctor And Student Or Dialogues Between a Doctor of Divinity And a Studen
Christopher Saint German
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, sec. 500; Litt, sec. 287; 2 Cro. 106. X Ante, iS. §Ib. || F. N. B. 70. ^[ 2 Inst- 364; 15r. Prohibition, pi. 7. Dialogue II. — Chap. 25. law are bound to give their judgment according to the judg- ment given in the king's court. And in like wise, if a par- son of a church agree to take a pension for the tvthe of a mill, or if the pension be to the fourth part of the value of the church, or above, then it must be aliened after the solemnities of the king's laws, as lands and tenements must; or... else the patron of the successor of him that alieneth may bring a writ of right of dismes, and recover in the king's court ; and then the judges of the spiritual court are bound to give judgment in the spiritual courts accordingly, as is aforesaid. Doct. I have heard say, that a writ of right of dismes is given by the statute of Westm. 2, and that speaketh only of dismes, and not of pensions. Stud. Where a parson of a church is wrongfully de- forced of his dismes, * and is let by an indicavit to ask his dismes in the spiritual court, then the patron may have a writ of right of dismes by the statute that thou speakest of, for there lay none at the common law ; for the parson had there good right, though he were let bv the indicavit to sue for his right.
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