He is a Bastard that is born before
the Marriage of his Parents [Henrici III. CAP. IX. 1235]
Ad breve [domini] R. de Bastardia, utrum aliquis
natus ante matrimonium habere poterit hereditatem, sicut ille qui natus est
post, Responderunt omnes Episcopi, quod nolunt, nec possunt, ad istud
respondere ; quia hoc esset contra communem firmam eccesie. Ac rogaverunt
omnes Episcopi Magnates, ut consentirent, quod nati ante matrimonium seeent
legitimi, sicut illi qui nati sunt post matrimonium, quantum ad successionem
hereditariam, quia eccesia tales habet pro legitimis. Et omnes Comites &
Barones una voce responderunt, quod nolunt leges Anglie mutare, que usitate
sunt, & approbate c. |
To the King’s Writ of Bastardy, Whether one being
born before Matrimony may inherit in like manner as he that is born after
Matrimony, all the Bishops answered, That they would not, nor could not,
answer to it ; because it was directly against the common Order of the
Church. (2) And all the Bishops instanted the Lords, that they would consent,
that all such as were born afore Matrimony should be legitimate, as well as
they that be born * within Matrimony, as to the Succession of Inheritance,
forasmuch as the Church accepteth such for legitimate. And all the Earls and
Barons with one voice answered, that they would not change the Laws of the
Realm, which hitherto have been used and approved. |
* For within read after |
Copyright
Guy Etchells © 2005 All rights reserved. Permission is granted for all free personal and non-commercial
uses. It is my intention to make all data contained herein freely available
for all private, non-profit and non-commercial uses. Commercial use of any
portion contained herein is expressly prohibited. |
||