The Statute of Mortmain had forbidden the King’s subjects from
bequeathing lands and tenements to the _religiosi_ without the King’s
license. But the shrewd, cunning monks eluded the Act by licenses of
alienation. Here we have another instance of ecclesiastical ingenuity in
devising plans to evade the law. Testators left property in perpetuity
to support priests to pray for their souls. Hence originated thousands
of chantries throughout the country, but they followed the same fate as
the monasteries. Much landed property had thus indirectly passed into the
hands of ecclesiastics. In 1531, an Act was passed that all such wills
would not in future hold good for more than twenty years. The Legislature
thought that twenty years’ prayers were sufficient to get a testator’s
soul out of purgatory, and that twenty years’ revenue amply remunerated
the priest for his services.[250]
The House of Commons was not a century old when a Bill was brought in,
“That no statute or ordinance of the clergy be granted without the
assent of the Commons, and that the Commons be not subjected to any
constitutions _which the clergy make for their own advantage_, without
the assent of the Commons, for the clergy do not wish to be subjected to
any statute or ordinances made by the Commons without the consent of the
clergy.”
From the angry tone of the Commons on the canon of 1343, may we not
naturally infer that if the House existed in 1175 or 1195, or at an
earlier date, or was a little older in 1295, when the most important
canon was passed, that they would have made a similar energetic protest
that “They would not be subjected to any canons which the clergy made for
their own advantage without the assent of the Commons”? I have already
fully explained that the popes, archbishops, bishops, chapters, secular
clergy and monks, took advantage of their position in the dark and middle
ages in imposing on the credulity of the simple and innocent laypeople,
by pretending that the Christian priesthood were the successors of the
Mosaic priesthood, and therefore were entitled by Divine right to the
tithes enacted by the Mosaic laws, and even a great deal more of the
tithes which those cunning and crafty ecclesiastics added thereto by
their numerous canons passed by them at councils and synods where no
layman dare appear.
Public-domain text, read in full here on John Shaqi.
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