peace broken, amends shall be made before the king, and for the excommunication before a bishop or prelate; and if a corporal penance be enjoined which the offender will redeem by giving money to the prelate, or to the party grieved, a prohibition shall not lie.

In cases of defamation, prelates may freely correct the king's prohibition notwithstanding; first enjoining a corporal penance, which if the party will redeem, the prelate may lawfully receive the money, though the prohibition be shewed.”

Statutes of the Realm I, 101; Cott. Claud. D. II, f. 249; Gee and Hardy, 83.

The Second Statute of Provisors 1390, 13 Ric. II. Stat. 2.

(Recites the first statute of Provisors, 1351.)

"Whereas the Holy Church of England was founded in the estate of prelacy, within the realm of England by the said grandfather and his progenitors, and the earls, barons and other nobles of his said realm, and their ancestors, to inform them and the people of the law of God, and to make hospitalities, alms, and other works of charity, in the places where the churches were founded, for the souls of the founders, their heirs, and all christians; and certain possessions, as well in fees, lands, rents, as in advowsons, which extend to a great value, were assigned by the said founders to the prelates and other people of the Holy Church of the said realm, to sustain the same charge and especially of the possessions which were assigned to archbishops, bishops, abbots, priors, religious, and all other people of Holy Church, by the kings of the said realm, earls, barons, and other great men of his realm; the same kings, earls, barons, and other nobles, as lords and advowees, have had and ought to have the custody of such voidances, and the presentments and the collations of the benefices being of such prelacies.

And the said kings in times past were wont to have the greatest part of their council, for the safeguard of the realm, when they had need, of such prelates and clerks so advanced; the pope of Rome, accroaching to him the seignories of such possessions and benefices, does give and grant the same benefices to aliens who never dwelt in England, and to cardinals who could not dwell here, and to others 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 these should be suffered, there would scarcely be any benefice within a short time in the said realm, but that it

should be in the hands of aliens and denizens by virtue of such provision, against the good will and disposition of the founders of the same benefices; and so the elections of archbishops, bishops, and other religious should fail, and the alms, hospitalities, and other works of charity, which should be done in the same places, should be withdrawn, the said grandfather and other lay patrons, in the time of such voidances, should lose their presentments, the said council should perish, and goods without number should be carried out of the realm, to the annulling of the estate of the Holy Church of England and dishersion 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 all 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 instant request, the damage and grievances aforesaid being considered in the said full parliament, it was provided, ordained, and established, that the said oppressions, grievances, and damages in the same realm from henceforth should not be suffered in any manner * *

(The statute.) Ordered and established: that the free election. of archbishops, bishops, and all other dignitaries 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. And that all prelates and other people of Holy Church, which have advowsons of any benefices of the king's gift, or any of his progenitors, or of other lords and donors, to do divine service, 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, to any archbishopric, bishopric, dignity or other benefice, in disturbance of the free elections, collations, or presentations aforenamed, that at the same time of the voidance, as 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 archbishoprics, bishoprics and other dignities elective, which be of his advowson, such as his progenitors had before that free election was granted; seeing that the election was first granted by the king's progenitors upon a certain form and condition, as to demand

license of the king to choose, and after the election to have his royal assent, and not in other manner. Which conditions not being kept, the thing ought by reason to resort to its first nature. (So the cases of provision to religious houses or to benefices of the advowson of the clergy, saving when there is no provision or when the parties themselves present.) And if such advowees do not present to such benefices within the half year after such voidances nor the bishop of the place 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 has of others of his own advowson demesne.

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 are 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 bodies and brought in to answer; and if they be convicted, they shall abide in prison without being let to mainprize or bail, or otherwise delivered, till they have made fine and ransom to the king at his will, and satisfaction to the party that shall feel himself grieved. And nevertheless before that they be delivered, they shall make full renunciation, and find sufficient surety that they will not attempt such things in time to come, nor sue any process by themselves, nor by others against any man in the said court of Rome, nor in any part elsewhere, for any such imprisonments or renunciations, nor any other thing depending of them. 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 wherever they be found, as well at the king's suit, as at the suit of the party.

And that in the meantime the king shall have the profits of such benefices so occupied by such provisor, except abbeys, priories, and other houses, which have colleges or convents, and in such houses the colleges shall have the profits; saving always to our lord the king, and to all other lords, their old right.

(For all benefices void after 29 Jan 13, Ric. II, the said statute

shall be put in execution.)

And if any do accept a benefice of Holy Church contrary to this statute, and that duly proved, and be beyond the sea, he shall abide exiled and banished out of the realm forever, and his lands and tenements, goods and chattels shall be forfeited to the king; and if it be within the realm, he shall be also exiled and banished, as is aforesaid, and shall incur the same forfeiture, and take his way, so that he be out of the realm within six weeks next after such acceptation. And if any receive any such person banished coming from beyond the sea, or being within the realm after the said six weeks, having knowledge thereof, he shall be also exiled and banished, and incur such forfeiture as is aforesaid. And that their procurators, notaries, executors, and summoners have the pain and forfeiture aforesaid. * And if the king send by letter, or in other manner, to the court of Rome, at the entreaty of any person, or if any other send or sue to the same court, whereby anything is done contrary to this statute, touching any archbishopric, bishopric, dignity, or other benefice of Holy Church within the said realm, if he that makes such motion or suit be a prelate of Holy Church, he shall pay to the king the value of his temporalities for one year; and if he be a temporal lord, he shall pay to the king the value of his lands and possessions not movable for one year; and if he be another person of a more mean estate, he shall pay to the king the value of the benefice for which suit is made, and shall be imprisoned for one year. * * *

*

Also it is ordained and established, that if any man bring or send within the realm, or the king's power, any summons, sentences, or excommunications, against any person, of what condition soever he be, for the cause of making motion, assent or execution of the said Statute of Provisors, he shall be taken, arrested, and put in prison, and forfeit all his lands and tenements, goods and chattels forever, and incur the pain of life and of member. And if any prelate make execution of such summons, sentences, or excommunications, that his temporalities be taken and abide in the king's hands, till due redress and correction be thereof made. And if any person of less estate than a prelate, of what condition soever he be, make such execution, he shall be taken, arrested, and put in prison, and have imprisonment, and make fine and ransom at the discretion of the council of our said lord the king."

Stat. of the Realm, II, 69; Gee and Hardy, 112.

Statute of Praemunire, 1393.

"Whereas the commons of the realm in this present parliament have sued to our redoubted lord the king and all his liege people, who out 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 judg

ment shall be given in the same court upon such a plea and presentment, the archbishops, bishops, and other spiritual persons which have institution of such benefices within their jurisdictions 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 commandments, of which right the crown of England hath been peaceably seized, 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 our said lord the king, his law, and all his realm, if remedy be not provided; and also it is said and a common clamor 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 bishopric 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 translations-if they should be suffered the statutes of the realm should be defeated and made void, and his said liege sages of his council without his assent, and against his will, carried away, and gotten out of his realm, and the substance be and treasure of the realm shall be carried away, and so the realm destitute as well of counsel as of substance, to the final destruction of the said realm. And so the crown of England which hath been so free at all times that it hath been in no earthly subjection, but immediately subject to God in all things touching the regality of the same crown, and to none other, should be submitted to the pope