security for continuing in their
present place of abode: that laics should not be accused in spiritual
courts, except by legal and reputable promoters and witnesses: that no
chief tenant of the crown should be excommunicated, nor his lands be
put under an interdict, except with the king's consent: that all
appeals in spiritual causes should be carried from the archdeacon to
the bishop, from the bishop to the primate, from him to the king; and
should be carried no farther without the king's consent: that if any
lawsuit arose between a layman and a clergyman concerning a tenant,
and it be disputed whether the land be a lay or an ecclesiastical fee,
it should first be determined by the verdict of twelve lawful men to
what class it belonged; and if it be found to be a lay-fee, the cause
should finally be determined in the civil courts: that no inhabitant
in demesne should be excommunicated for non-appearance in a spiritual
court, till the chief officer of the place where he resides be
consulted, that he may compel him by the civil authority to give
satisfaction to the church: that the archbishops, bishops, and other
spiritual dignitaries, should be regarded as barons of the realm;
should possess the privileges and be subjected to the burdens
belonging to that rank; and should be bound to attend the king in his
great councils, and assist at all trials, till the sentence, either of
death or loss of members, be given against the criminal: that the
revenue of vacant sees should belong to the king; the chapter, or such
of them as he pleases to summon, should sit in the king's chapel till
they made the new election with his consent, and that the bishop-elect
should do homage to the crown: that if any baron or tenant IN CAPITE
should refuse to submit to the spiritual courts, the king should
employ his authority in obliging him to make such submissions; if any
of them throw off his allegiance to the king, the prelates should
assist the king with their censures in reducing him: that goods
forfeited to the king should not be protected in churches or
churchyards: that the clergy should no longer pretend to the right of
enforcing payment of debts contracted by oath or promise; but should
leave these lawsuits, equally with others, to the determination of the
civil courts: and that the sons of villains should not be ordained
clerks, without the consent of their lord [r].
[FN [q] Fitz-Steph. p. 33. [r] Hist. Quad. p. 163. M. Paris, p. 70