IX. If any difference arise between a cleric and a laic, or between a laic and a cleric, concerning

any tenement which the cleric pretendetli is held by Frank-almohic (eleemosyna), but the laic con- tends to be a lay- fee, it shall be determined by the verdict of twelve legally-qualified men, according to the custom of the king's court and in presence of his justice, whether the tenement belongeth to Frmik-almoine or to the lay-fee. And if it be found to belong to Frank-almnUyne, the plea shall be held in the ecclesiastical court; but if to the lay-fee, the plea shall be in the king's court, unless both parties claim to hold of the same bishop or baron. But if such shall claim to hold of the same bishop or baron, the plea shall be in his court ; yet with this further proviso, that he who was first seized of the thing in controversy, shall not lose his seizin pending the trial because of the verdict above-mentioned. [Condemned.)