Page:An Essay on a Registry for Titles of Lands - Asgill (1698).djvu/14

 the making of Magna Charta, 9. H. 3. to this Statute in 27. Hen. 8. and yet could never catch them.

The Statute of Magna Charta (as has been observed) prohibited the giving of Lands to any Religious House: To evade this, the Lawyers advised the Clergy two things: First, That whereas several great Estates were held of them, under small Rents, that they might purchase in these Estates to their Church, be­cause they were before held of them. Se­condly, The Prohibition of the Statute be­ing to Religious Persons only, that the Secular Clergy were exempted.

To hunt them out of these Holds, the Statute of 7 E. 1. called Statutum de Religiosis, doth prohibit any Religious Persons, or others, (which includes the Secular Clergy) by any manner of Craft or Engine to take Lands in Mortmain, and so they could not pur­chase in the Estates held of them.

To evade this Statute, the Lawyers advi­sed the Clergy, That if they had any silly Confessants who had a mind to be cheated of their Estates, they might suffer a feigned Action to be brought against them, and therein lose their Lands by default, which Recoveries were adjudged by the Justices not to be within any of the words of this Statute, and therefore they were allowed; For that Recoveries being prosecuted