Great Britain -- History -- Tudors, 1485-1603 -- Fiction; Historical fiction
And after the monk Francis had talked in that way for some time, the
Bishop was convinced of—nay he shuddered at—the trap into which he had
nearly fallen. But, he said, the lawyer Stone had so bewildered him
with one legal point and another—such as how the Decies, being knighted
and plighted by the Prince Bishop himself in the name of the Young
Lovell, had all the rights forfeited by that lording. He would very
willingly resign a portion of his rights by way of fine; it was,
moreover, in the protocol of the Bishops of Durham that no Bishop could
refuse such a gift freely made, to the disadvantage of the see. And the
lawyer said, from his knowledge of canon law, that, the Bishop having
made the Decies into Young Lovell and a knight of the Church and the
betrothed of the Lady Margaret of Glororem, nothing could undo all those
things but a bull or dispensation of the Pope.
"Well," the monk Francis said, "I have considered that point and have
read in such books as our poor monastery hath, both upon the canon and
the civil law—such as the book of decrees of which the first leaf begins
’_Jejunandi_’ and the penultimate leaf ends ’_digestus erif_,’ or the
book of decretals which begins ’_Nullain res est_’ and ends: ’_in causa
negligenciae_.’ Also I have spoken with the most learned of our
brethren upon this case and with your sergeants of law and your justices
and all with one accord agree that a long law case might be made out of
it. That Decies hath his grounds of appeal, at least upon the matter of
knighthood and betrothal. For it is very uncertain if you could unknight
him or break his betrothal with the Lady Margaret of Glororem without an
appeal to our Father in Rome.
"As to the matter of the other rights conveyed by that name, that is
much simpler. For the Young Lovell has only to make appeal to you
through a person of the Church as his best friend. Then you shall give
him licence, under the decretal ’_in causa negligenciae_’ and he may at
once enter upon his lands by force or how he may...."
"What then should the man called Decies do?" the Bishop asked. "I am
not very learned in these laws; but that lawyer Stone said he may do
great things."
"For that," the monk Francis said, "he might. But, if I can have a say
with that Decies, he shall hang from a very high tree. Or, if the Young
Lovell is too tender of his half-brother, for that the Decies is, the
Decies shall at my complaint to your officers and, after a fair trial,
be broken upon the wheel. For before a court non-ecclesiastical he hath
brought false witness against a vassal of your see upon an
ecclesiastical charge, to wit sorcery. There is no escape for him."
Public-domain text, read in full here on John Shaqi.
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