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. 1. [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. [ 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 16 Richard II. I c. 5. The Remedy to recover Presentments to Benefices in the King's Court, and the Execution to none. TEM, 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 thereof,is done 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 interruption (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 The Pope awarded Processes and Sentences of Excommunication against certain Bishops for executing Judgments given in the King's Court. 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 spiri' away, and so the Realm destitute as well of council as of substance, to tual Living to another. '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 ' regality of the same Crown, and to none other, should be submitted to of England, & 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 King our Lord, his crown, his regality, and of all his realm, which God defend. no Realm. The Promise of the Commons to assist the King in defence of the Liberties of the Crown. Lords Temporal. II. And moreover, the Commons aforesaid say, That the said things so ' attempted be clearly against the King's crown, and his regality, used and approved 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 Pro'poral 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, 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 demanded 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 Spiriwill 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 Petition. the Commons The Promise of the Procurators of the No. XII. 16 Rich. II. c. 5. Præmunire for purchasing of Bulls, or other Instruments from Rome or elsewhere. the assent aforesaid, and at the request of his said Commons, hath ordained and established, That if any purchase or pursue, or cause to be purchased or pursued in the Court of Rome, or elsewhere, by any such Translations, Processes, and Sentences of Excommunications, Bulls, Instruments, or any other things whatsoever which touch the King, against him, his crown, and his regality, or his realm, as is aforesaid, and they which bring within the realm, or them receive, or make thereof notification, or any other execution whatsoever within the same realm or without, that they, their Notaries, Procurators, Maintainers, Abettors, Fautors, and Counsellors, shall be put out of the King's protection, and their Lands and Tenements, Goods and Chattels, forfeit to our Lord the King; and that they be attached by their bodies, if they may be found, and brought before the King and his Council, there to answer to the cases aforesaid, or that Process be made against them by Præmunire facias, in manner as it is ordained in other Statutes of Provisors, and other which do sue in any other Court in derogation of the regality of our Lord the King. [ No. XIII.] (A.) 2 Henry IV. c. 3.- If any do accept a Provision granted by the Pope to a religious Person to be exempt from Obedience, he shall be within the danger of the Statute of Provisors. (B.) 2 Henry IV. c. 4.-The Penalties for purchasing of Bulls to be discharged of Tithes. (B. a.) 2 Henry IV. c. 15.-The Orthodoxy of the Faith of the Church of England asserted, and Provision made against the Oppugners of the same, with the Punishment of Hereticks. (C.) 4 Henry IV. c. 17.-Infants are not to be received into the Order of Friars without the consent of their Parents, &c. [No. XIV. ] 7 Henry IV. c. 6.-The Penalty of him which purchaseth a Bull to be discharged of Tithes. [ No. XV.] 7 Henry IV. c. 8.-No Provision, Licence, or Pardon shall be granted of a Benefice full of an Incumbent. [No. XVI. ] 9 Henry IV. c. 9.-Elections to spiritual Promotions shall be free, and not interrupted by the Pope or the King. [ No. XVII. ] 9 Henry IV. c. 10.-A Pardon granted by the King to all that have purchased Provisions, or Translations to Archbishopricks, Bishopricks, &c. [ No. XVIII.] 2 Henry V. c. 7.-The intent of the Hereticks called Lollards. Magistrates shall assist the Ordinaries in extirpating Heresies and punishing Hereticks. Penalty on Hereticks convict. [ No. XIX. ] 3 Henry V. stat. 2. c. 4.-All Provisions, No. XIX. Licences, and Pardons of a Benefice full of an Incumbent 3 Henry V. shall be void. [ No. XX. ] 21 Henry VIII. c. 13.-Spiritual Persons abridged from having Pluralities of Livings, and from taking of Ferms, &c. [Inserted Pt. I. Cl. II. No. I.] [No. XXI. ] 23 Henry VIII. c. 9.-An Act that no Person shall be cited out of the Diocess where he or she dwelleth, except in certain Cases. [Inserted Pt. IV. Cl. XXV. No. 13.] [No. XXII.] 23 Henry VIII. c. 20.-An Act concerning the restraint of Payment of Annates to the See of Rome.* This Act, which is not printed in the Statutes at large, or referred to in the Table of Contents, but is contained in the Appendix of Runnington's Edition, may be considered as the first step taken with the intent of effecting an actual separation from the See of Rome. Annates were certain Pay st. 2. c. 4. ments claimed on the consecration of Archbishops and Bishops, which by the Act were limited to Five per Cent. upon the annual value of the See, upon pain of forfeiture of Goods, and the temporal possession of the Bishoprick during life. [ No. XXIII. ] 24 Henry VIII. c. 12.-For the Re- [ No. XXIV. ] 25 Henry VIII. c. 14.-A Repeal of the Statute of 2 H. 4. c. 15, and a Confirmation of the Statutes of 5 R. 2. st. 2. c. 5, and 2 H. 5. st. 1. c. 7, touching the Punishment of Hereticks. Sheriffs in their Turns, and Stewards in their Leets, Rapes and Wapentakes, shall have authority to inquire of Hereticks; and every such Presentment made in any Turn, Leet, &c. concerning Hereticks, shall be certified to the Ordinary. Every Person presented or indicted of any Heresy, or duly accused by two lawful Witnesses, may be cited, arrested, or taken by an Ordinary, or other of the King's Subjects, and committed to the Ordinary, to answer in open Court, and being convict, shall abjure his Heresies, and refusing so to do, or falling into relapse, shall be burned in an open Place for example of others. [ No. XXV. ] 25 Henry VIII. c. 19.-The Submission of the Clergy and Restraint of Appeals. [Inserted Pt. IV. Cl. XXIV. No. XV.J |
