another legal aspect of land concepts

[james armstrong]

A legal conundrum, the closure`of the Charterhouse priory in 1535   
(Charterhouse
priory  is located at the foot of Goswell
Road EC1 and can be visited by arrangement)

 From Dom David Knowles "The Religious Orders in England"  


"The Charterhouse together with all other subjects of the
king were required in the spring  of
1534, to swear  to the first Act of
Succession, and by doing so were forced to acquiesce  in the annulling of Henry’s (Vlll) first marriage in
the legitimization of Anne Boleyn’s offspring. John Houghton, the prior had
taken a degree in law at Cambridge,
but had studied for the priesthood.  His life
was abstemious beyond  the requirements
of the Rule.     …. The picture that
emerges is of a man capable not only  of
inspiring devoted attachment ,  but of
forming in others a calm judgment and a heroic constancy equal  to his own. 
The monks whom Houghton guided were as a body worthy  of their prior.

It was only at the third visit (of the dissolution
commissioners ) at the prior’s instant wish and surrounded by men at arms, that
all took the oath.   …they would not be
long left in peace…. The Treason Act was passed.    to include treason by word and speech as
might  deprive the king of any of his
dignities or titles. 

Under this Act which came into force  1st
 February 1535,  A charge of
high treason  could be brought  against anyone who denied or even refused to
acknowledge,  that the king was Supreme
Head on  earth of the Church in England.  No oath was attached to the  Act, but commissioners were appointed to
require admission of the king’s headship. , usually obtained by an oath.
(Houghton and companions refused)  They
were tried in Westminster Hall 
..condemned.   to Tyburn …watched by
More…. Each at the foot of the gallows were offered pardon , on their 
refusal  the barbourous sentence was
carried out with every circumstance of cruelty …he bore the agony of burchery…
aggravated by his hair shirt..

Above the gateway the severed arm of their late prior  provided a text for visitors."

 

Comment 

Put not your trust in kings, nor in the law of England.

It would seem that the title to all the land in England
is in the possession of the Crown.

(Cahill)  If so,  denying that title is,  according to the Treason Act of 1535  treasonable..

Once the Crown's title is acknowledged the same lawyers who
legitimized the dissolution of the monasteries and seized the vast church lands
for the Crown – (which the monarchy  proceeded to sell it off ) could if
necessary  legitimize the seizure to-day
of all the land of England
under penalty of the Treason law. 

    

 If you query the  legitimacy of the 1535 Act, you de-legitimise
the succession of Elizabeth 1 ( and
the  present monarchy).

If you acknowledge the 1535 Act you acknowledge  the
will of the present monarch acting through parliament , and you acknowledge any  Acts 
devised to require the  surrender
of titles of land. 

If  you acknowledge
to-day the legitimacy of the  present
monarchy, you must acknowledge the legitimacy of the crown seizure of one third
the land of England
in 1536 when the monasteries and chantries were dissolved and their lands
seized by the Crown then. 


Thus setting a precedent for 
seizure of land to-day.

 

Law develops to  adapt
to the circumstances of the age.    Comments please.James


 

 		 	   		  
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