No. III.

stat. 6.

doth give and grant the same Benefices to Aliens, which did never dwell * in England, and to Cardinals, which might not dwell here, and to other 25 Edw. III. 6 as well Aliens as Denizens, as if he had been Patron or Advowee of the 'said Dignities and Benefices, as he was not of Right by the Law of • England; whereby if they should be suffered, there should scarcely be any Benefice within a short time in the said Realm, but that it should be dwelling in in the Hands of Aliens and Denizens by virtue of such Provisions, England.

against the good Will and Disposition of the Founders of the same The inconveBenefices; and so the Elections of Archbishops, Bishops, and other niences en uReligious should fail, and the Alms, Hospitalities, and other Works of ing thereon. Charity, which should be done in the said Places, should be withdrawn, 'the said Grandfather, and other Lay-Patrons, in the Time of such Void· ances, should lose their Presentments, the said Council should perish, and Goods without Number, should be carried out of the Realm, in Adnullation of the Estate of the holy Church of England, and Dishe rison of the said Grandfather, and the Earls, Barons, and other Nobles of the said Realm, and in Offence and Destruction of the Laws and Rights of his Realm, and to the great Damage of his People, and in 'Subversion of all the Estate of his said Realm, and against the good Disposition and Will of the first Founders: By the assent of the Earls, Barons, and other Nobles, and of all the said Commonalty, at their Instances, and Requests, the Damage and Grievances afore considered, in the said full Parliament it was ordained, provided, established, agreed, adjudged, and considered, That the said Oppressions, Grievances, and Damages in the same Realm from henceforth should not be suffered in any Manner. And now it is shewed to our Lord the King in this present 'Parliament holden at Westminster, at the Utas of the Purification of our Lady, the five and twentieth Year of his Reign of England, and of France the twelfth, by the grievous Complaints of all the Commons of his Realm, that the Grievances and Mischiefs aforesaid do daily abound, to the greater Damage and Destruction of all his Realm of England,

himself.

' more than ever were before, viz. that now or late the Bishop of Rome, by The Pope Procurement of Clerks and otherwise, hath reserved, and doth daily giveth the Bereserve to his Collation, generally and especially, as well Archbishopricks, nefices of the Bishopricks, Abbeys, and Priories, as all other Dignities and other Church and reBenefices of England, which be of the Advowry of People of holy serveth the • Church, and give the same as well to Aliens as to Denizens, and taketh of first Fruits to all such Benefices the first Fruits, and many other Profits, and a great • Part of the Treasure of the said Realm is carried away and dispended "out of the Realm, by the Purchasers of such Benefices and Graces aforesaid; and also by such privy Reservations many Clerks advanced in this Realm by their true Patrons, which have peaceably holden their Advancements by long Time, be suddenly put out: Whereupon the said 'Commons have prayed our said Lord the King, that sith the Right of the Crown of England and the Law of the said Realm is such, that upon the Mischiefs and Damages which happen to his Realm, he ought, and is 'bound by his Oath, with the Accord of his People in his Parliament, thereof to make Remedy and Law, and in removing the Mischiefs and Damages which thereof ensue, that it may please him thereupon to • ordain Remedy.

III. Our Lord the King, seeing the Mischiefs and Damage before men- The Causes 'tioned, and having Regard to the said Statute made in the Time of his and Reasons of ⚫ said Grandfather, and to the Causes contained in the same; which making this 'Statute holdeth always his Force, and was never defeated, nor adnulled Statute. in any Point, and by so much as he is bounden by his Oath to cause the same to be kept as the Law of his Realm, though that by Sufferance and Negligence it hath been sithence attempted to the contrary; also having Regard to the grievous Complaints made to him by his People in divers <his Parliaments holden heretofore, willing to ordain Remedy for the great Damages and Mischiefs which have happened, and daily do happen to the Church of England by the said Cause;' by the Assent of all the Great

No. III.

25 Ed. III.

stat. 6.

Elections of the Dignities of the Church shall be free,

as they were founded. Patrons and

Men and the Commonalty of the said Realm, to the Honour of God, and Profit of the said Church of England, and of all his Realm, hath ordered and stablished, That the free Elections of Archbishops, Bishops, and all other Dignities and Benefices elective in England, shall hold from henceforth in the Manner as they were granted by the King's Progenitors, and the Ancestors of other Lords, Founders of the said Dignities and other Benefices. And that all Prelates and other People of holy Church, which have Advowsons of any Benefices of the King's Gift, or of any of his Progenitors, or of other Lords and Donors, to do Divine Services, and other Charges thereof ordained, shall have their Collations and Presentments freely to the same, in the Manner as they were enfeoffed by their Donors. And in case that Reservation, Collation, or Provision be made by the Court of Rome, of any Archbishoprick, Bishoprick, Dignity, or other Benefice, in Disturbance of the free Elections, Collations, or Presentations aforenamed, that at the same Time of the Voidance, that such Reservations, Collations, and Provisions ought to take Effect, our Lord the King and his Heirs shall have and enjoy for the same Time the Collations to the Archbishopricks and other Dignities elective, which be of his Advowry, such as to them being his Progenitors had before that free Election was granted, since that the Election was first granted by the King's Progenitors upon a certain Form and Condition, as to demand Licence of the King to chuse, and after the Election to have, his Royal Assent, and not in other Manner; which Conditions not kept, the Thing ought by Reason to resort to his first Nature.

Founders of the Dignities of the Church, and theirheirs, shall have the Collation or Presentation

void.

Where the
Pope maketh
Provision to a
Dignity of the
Church the
King shall
present.

IV. And if any such Reservation, Provision, or Collation be made of any House of Religion of the King's Advowry, in Disturbance of free Election, our Sovereign Lord the King, and his Heirs, shall have for that Time the Collation to give this Dignity to a convenient Person. And in case that Collation, Reservation, or Provision be made by the Court of Rome, of any Church, Prebend, or other Benefices, which be of the Advowry of People of holy Church, whereof the King is Advowee Paramount immediate, that at the same time of the Voidance, at which time the Collation, Reservation, or Provision ought to take Effect as afore is said, the King and his Heirs thereof shall have the Presentment or Collation for that Time. And so from time to time, whensoever such People of holy Church shall be disturbed of their Presentments or Collations, by such Reservations, Collations, or Provisions, as afore is said; saving to them the Right of their Advowsons and their Presentments, when no Collation or Provision of the Court of Rome is thereof made, where that the said People of holy Church shall or will to the same Benefices present or make Collation; and that their Presentees may enjoy the Effect of their Collations or 44 Ed. 3. f. 36. Presentments. And in the same manner every other Lord, of what Condition that he be, shall have the Collations or Presentments to the Houses of Religion which be of his Advowry, and other Benefices of holy Church which be pertaining to the same Houses. And if such Advowees do not present to such Benefices within the half Year after such Voidances, nor the Bishop of the Place do not give the same by Lapse of Time within a Month after half a Year, that then the King shall have thereof the Presentments and Collations, as he hath of other of his own Advowry. And in case that the Presentees of the King, or the Presentees of other Patrons of holy Church, or of their Advowees, or they to whom the King, or such Patrons or Advowees aforesaid, have given Benefices pertaining to their Presentments or Collations, be disturbed by such Provisors, so that they may not have Possession of such Benefices by virtue of the Presentments or Collations to them made, or that they which be in Possession of such Benefices, be impeached upon their said Possessions by such Provisors; then the said Provisors, their Procurators, Executors, and Notaries, shall be attached by their Body, and brought in to answer; and if they be convict, they shall abide in Prison without being let to Mainprize or Bail, or otherwise delivered, till that they have made Fine and Ransom to the King at his Will, and Gree to the Party that shall feel

The Penalties of those which by Provisions from Rome do

disturb such Presentments or Elections as others ought to make.

himself grieved. And nevertheless before that they be delivered, they shall make full Renunciation, and find sufficient Surety that they shall not attempt such Things in Time to come, nor sue any Process by them, nor by other, against any Man in the Court of Rome, nor in any part elsewhere, for any such imprisonments or renunciations, nor any other thing depending of them.

V. And in case that such Provisors, Procurators, Executors, or Notaries be not found, that the exigent shall run against them by due process, and that Writs shall go forth to take their bodies in what parts they be found, as well at the King's suit, as at the suit of the party, and that in the mean time the King shall have the profits of such Benefices so occupied by such Provisors, except Abbeys, Priories, and other houses, which have Colleges or Covents, and in such Houses the Colleges and Covents shall have the profits; saving always to our Lord the King, and to all other Lords, their old right. And this Statute shall have place as well of reservations, collations, and provisions made and granted in times past against all them which have not yet obtained corporal possession of the Benefices granted to them by the same reservations, collations, and provisions, as against all other in time to come. And this Statute oweth to hold place and to begin at the said Utas.

[ No. IV. ] 27 Edward III. stat. 1. c. 1.-Præmunire for suing in a Foreign Realm, or Impeaching of Judgment given.

[ No. V. ] 38 Edward III. stat. 1. c. 4.-Penal Bonds in the third Person shall be void. (1.)

(1) Mr. Reeves observes (Hist. of the Laws, vol. 3. p. 386), "That this Statute may be reckoned among the Laws for restraining the Clergy from drawing Money out of the Kingdom to the Court of Rome. It says, that whereas many People were

No. III.

25 Ed. III.

stat. 6.

bound in another Court out of the Realm (namely, that of Rome) by instruments, and in other manner, such penal Bonds in the third Person (which Form was peculiar to them) should be void."

[ No. VI. ] 38 Edward III. stat. 2. c. 1.-Persons receiving Citations from Rome in Causes pertaining to the King, &c. to incur the Penalties of 25 Edw. 3. stat. 6.

[ No. VI. a. ] 38 Edward III. stat. 2. c. 2.-Suspected Persons not appearing before the King's Justices, after Warning, to incur the Penalty of 27 Edw. 3. stat. 1. c. 1.

[ No. VI. b.] 38 Edward III. stat. 2. c. 3.-Such Offenders to be out of the King's Protection, and punished according to the Statute of 27 Edw. 3. stat. 1. c. l.

[ No. VI. c.] 38 Edward III. stat 2. c. 4.-The Punishment of those who sue falsely and maliciously upon this Statute. The Consent of the King and Parliament to appeach Offenders against the same.

[No. VII.] 2 Richard II. stat. 1. c. 7.-Urban was duly chosen Pope, and so ought to be accepted and obeyed.

No. VIII.

3 Rich. II. c. 3.

16 Richard II.

c. 5.

The Remedy to recover Presentments to Benefices in the King's Court, and the Execution

thereof,is done

[ No. VIII. ] 3 Richard II. c. 3.-None shall take any Benefice of an Alien, or convey Money to him.

[ No. VIII. a. ] 5 Richard II. stat. 2 c. 5.- Sheriffs commissioned to apprehend Preachers of Heresy, and their Abettors. The Enormities ensuing the Preaching of Heresies.

[ No. IX. ] 7 Richard II. c. 12.-No Alien shall purchase or occupy any Benefice of the Church within this Realm.

[No. X. ] 12 Richard II, c. 15.-He that will go out of the Realm to provide a Benefice within the Realm, shall be out of the King's Protection, and the Benefice shall be void,

[ No. XI. ] 13 Richard II. stat. 2. c. 2.-A Confirmation of the Statute of Provisors, made Anno 25 Edw. 3. stat. 6. and the Forfeiture of him that accepteth a Benefice contrary to that Statute.

[No. XI. a. ] 13 Richard II. stat. 2. c. 3.-The Penalty of him which bringeth a Summons or Excommunication against any Person upon the Statute of Provisors, and of a Prelate executing it.

[ No. XII. ] 16 Richard II. c. 5.-Præmunire for purchasing Bulls from Rome. The Crown of England subject

to none.

ITEM, Whereas the Commons of the Realm in this present Parliament have shewed to our redoubted Lord the King, grievously complaining, That whereas our said Lord the King, and all his liege People, ought ' of right, and of old time were wont to sue in the King's Court, to recover 'their Presentments to Churches, Prebends, and other Benefices of holy 'Church, to the which they had right to present, the_cognizance of Plea of 'which Presentment belongeth only to the King's Court of the old right of his crown, used and approved in the time of all his progenitors Kings of England; and when judgment shall be given in the same Court upon such a Plea and Presentment, the Archbishops, Bishops, and other by the Bishop.spiritual persons which have institution of such Benefices within their jurisdiction, be bound, and have made execution of such judgments by the King's commandments of all the time aforesaid without interrup'tion (for another lay-person cannot make such execution) and also be 'bound of right to make execution of many other of the King's com'mandments, of which right the Crown of England hath been peaceably 'seised, as well in the time of our said Lord the King that now is, as in the 'time of all his progenitors till this day: But now of late divers Processes be made by the Bishop of Rome, and censures of excommunication upon certain Bishops of England, because they have made execution of 'such commandments, to the open disherison of the said Crown, and 'destruction of the regality of our said Lord the King, his Law, and all his Realm, if remedy be not provided. And also it is said, and a common certain Bishops for executing Judgments given in the King's Court.

The Pope

awarded Processes and Sentences of Excommunication against

No. XII.

16 Rich. II.

c. 5.

clamour is made, that the said Bishop of Rome hath ordained and purposed to translate some prelates of the same realm, some out of the realm, and some from one bishoprick into another within the same realm, without the King's assent and knowledge, and without the assent of the prelates which so shall be translated, which prelates be much profitable and necessary to our said Lord the King, and to all his Realm; by which The Pope's 'translations (if they should be suffered) the Statutes of the Realm should Translation of 'be defeated and made void; and his said Liege Sages of his Council, Prelates out of ' without his assent, and against his will, carried away and gotten out of the Realm, or ‹ his Realm, and the substance and treasure of the Realm shall be carried from one spiriaway, and so the Realm destitute as well of council as of substance, to tual Living to 'the final destruction of the same Realm; and so the Crown of England, 'which hath been so free at all times, that it hath been in no earthly The Freedom subjection, but immediately subject to God in all things touching the of the Crown of England, & regality of the same Crown, and to none other, should be submitted to that it is in the Pope, and the Laws and Statutes of the Realm by him defeated Subjection to and avoided at his will, in perpetual destruction of the sovereignty of the no Realm. King our Lord, his crown, his regality, and of all his realm, which God ' defend.

another.

mons to assist
the King in de-
fence of the

Liberties of the
Crown.

II. And moreover, the Commons aforesaid say, That the said things so The Promise attempted be clearly against the King's crown, and his regality, used and of the Comapproved of the time of all his progenitors; wherefore they and all the 'Liege Commons of the same realm will stand with our said Lord the King, and his said crown, and his regality, in the cases aforesaid, and in all other cases attempted against him, his crown, and his regality in all points, to live and to die. And moreover they pray the King, and 'him require by way of justice, that he would examine all the Lords in 'the Parliament, as well spiritual as temporal severally, and all the States ' of the Parliament, how they think of the cases aforesaid, which be so openly against the King's crown, and in derogation of his regality, and how they will stand in the same cases with our Lord the King, in uphold

ing the rights of the said crown and regality. Whereupon the Lords Tem- The like Proporal so demanded, have answered every one by himself, that the cases mise of the

⚫ aforesaid be clearly in derogation of the King's crown, and of his regality,

Lords Temporal.

as it is well known, and hath been always known, and that they will 'be with the same crown and regality in these cases specially, and in 'all other cases which shall be attempted against the same crown and regality in all points, with all their power. And moreover it was de'manded of the Lords Spiritual there being, and the Procurators of others being absent, their advice and will in all these cases; which Lords, that 'is to say, the Archbishops, Bishops, and other prelates, being in the said • Parliament severally examined, making protestations, that it is not their ' mind to say, nor affirm, that the Bishop of Rome may not excommunicate Bishops, nor that he may make translation of prelates after the Law of holy Church, answered and said, That if any executions of Processes • made in the King's Court as before be made by any, and censures of Excommunications to be made against any Bishops of England, or any ' other of the King's liege People, for that they have made execution of 'such commandments; and that if any executions of such translations be ‹ made of any prelates of the same realm, which prelates be very profitable and necessary to our said Lord the King, and to his said Realm, or that the sage People of his Council, without his assent, and against his will, be ' removed and carried out of the realm, so that the substance and treasure ' of the realm may be consumed, that the same is against the King and his 'Crown, as it is contained in the Petition before named. And likewise 'the same Procurators, every one by himself examined upon the said "matters, have answered and said in the name, and for their Lords, as the ' said Bishops have said and answered, and that the said Lords Spiritual Lords Spiri⚫ will and ought to be with the King in these cases in lawfully maintaining tual being abof his crown, and in all other cases touching his crown and his regality, as sent. they be bound by their ligeance;' whereupon our said Lord the King, by

The Promise of the Lords Spi

ritual touching the Commons Petition.

The Promise of the Procurators of the