ties where the lands be, to deliver them out of the king's hands without delay.

(Ed. from Statutes of the Realm, I, 320, 321.)

92. Second Statute of Provisors

(27 EDW. III., s. 1, 1353)

Statutes of the Realm

The Statute of Provisors of 1351 was followed by that of 1353. This latter had the same special purposes of preventing the papal court from compelling the attendance of Englishmen in those cases where that court claimed jurisdiction and of strengthening the power of the royal courts. The opening words of the statute show the demand which caused its promulgation.

A STATUTE OF PROVISORS

CAP. I

Præmunire for suing in a Foreign Realm, or Impeaching of Judgment given

First, because it is showed to our said lord the king, by the grievous and clamorous complaints of the great men and commons aforesaid, how that divers of the people be, and have been drawn out of the realm to answer of things, whereof the cognizance pertaineth to the king's Court; and also that the judgments given in the same court be impeached in another's court, in prejudice and disherison of our lord the king, and of his crown, and of all the people of his said realm, and to the undoing and destruction of the common law of the same realm at all times used: Whereupon, good deliberation being had with the great men and other of his said council, it is assented and accorded by our said lord the king, and the great men and commons aforesaid, that all the people of the king's ligeance, of what condition soever they may be, which shall draw any out of the realm, in plea whereof the cognizance pertaineth to the king's court, or of things whereof judgments be given in the king's court, or which do sue in the court of any other, to defeat or impeach the judgments given in the king's court, shall have a day, containing the space of two months, by warning to be made to them in the place where the possessions be, which be in debate, or otherwise where they have lands or other possessions, by the sheriff or other the king's minister, to appear before the king and his council, or in his chancery, or before the king's justices in his courts of the one bench or the other, or before other the king's justices which to the same shall be deputed, to answer in

their proper person to the king, of the contempt done in this behalf. And if they come not at the said day in their proper person to be at the law, they, their procurators, attornies, executors, notaries, and maintainers, shall from that day forth be put out of the king's protection, and their lands, goods, and chattels forfeit to the king, and their bodies, wheresoever they may be found, shall be taken and imprisoned, and ransomed at the king's will: And thereupon a writ shall be made to take them by their bodies, and to seize their lands, goods, and possessions, into the king's hands; and if it be returned, that they be not found, they shall be put in exigent, and outlawed.

Provided always, that whenever they come at any time before they be outlawed, and will yield them to the king's prison, to be judged by the law, and to receive that which the court shall award in this behalf, that they shall be thereto received; the forfeiture of lands, goods, and chattels abiding in force, if they do not yield them within the said two months, aforesaid.

(Ed. from Statutes of the Realm, I, 329, 330)

93. The Great Statute of Præmunire

(16 Rich. II., c. 5, 1393)

Statutes of the Realm

The contest between pope and king, begun in the reign of Edward I. and continued through successive reigns by means of the anti-papal statutes, was brought to a close by the action of Pope Boniface IV. in 1391. This prelate declared Acts of Parliament contravening papal rights to be void, and he denied the right of the Crown to present to benefices. The people of England rallied to the support of the cause of the king, and in the "Great Statute of Præmunire" (16 Rich. II., c. 5, 1392) every estate of the realm pledged its support to Richard II. This Statute of Præmunire was the most effective of the so-called anti-papal statutes.

Also, whereas the Commons of the realm in this present Parliament have showed 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 were wont to sue in the king's court, to recover their presentations 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 is given in the said court upon such a plea and presentment, the

archbishops, bishops, and other spiritual persons who 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 a 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 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 Holy Father, the Pope, and censures of excommunication upon certain bishops of England, because they had made execution of such commandments, in open disherison of the said crown and destruction of the regalty 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 clamour is made that the said Holy Father, the Pope, hath ordained and purposed to translate some prelates of the said realm, some out of the realm, and some from one bishopric into another within the said realm, without the assent and knowledge of our lord the king, and without the assent of the prelate who should be so translated, which prelates be very 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 would be defeated and made void; and his wise lieges of his council, without his assent and against his will carried away and removed out of his realm and the substance and treasure of the realm would be carried away, and so the said realm destitute as well of council 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 not been in subjection to earthly sovereign, but is immediately subject to God in all things touching the regalty of the same crown, and to none other, would be submitted to the Pope, and the laws and statutes of the realm by him defeated and annulled at his will, in perpetual destruction of the sovereignty of the king our lord, his crown, his regalty, and of all his realm, which God forbid.

And moreover, the Commons aforesaid say, that the said things so attempted be clearly against the king's crown and his regalty, used and approved in the time of all his progenitors; wherefore, they and all the liege commons of the said realm will stand with our said lord the king, and his

said crown and his regalty, in the cases aforesaid, and in all other cases attempted against him, his crown, and his regalty in all points, to live and to die; and moreover, they prayed our said lord the king, and required him, by way of justice, that he would examine all the lords in Parliament, as well spiritual as temporal severally, and all the estates of the Parliament, how they think of the cases aforesaid, which be so openly against the king's crown, and in derogation of his regalty, and how they will stand in the same cases with our lord the king in upholding the rights of the said crown and regalty. Whereupon, the lords temporal so demanded have answered every one by himself, that the cases aforesaid be clearly in derogation of the king's crown and of his regalty, as is notoriously, and hath been of all time known, and that they will stand with the same crown and regalty, in these cases specially, and in all other cases which shall be attempted against the said crown and regalty 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 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 intention to deny nor to affirm that our Holy Father, the Pope, may not excommunicate bishops nor that he may not make translations of prelates according to 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 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 his wise lieges 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 destroyed, that the same is against the king and his crown, as is contained in the petition before named. And likewise the said 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 will and ought to stand with our lord the king in these cases loyally in main

tenance of his crown, and in all other cases touching his crown and regalty, as they are bound by their allegiance. Whereupon, our said lord the king, with the assent aforesaid, and at the request of his said Commons, hath ordained and established; that if any do purchase or pursue, or cause to be purchased or pursued in the court of Rome or elsewhere any such translations, processes, and sentences of excommunications, bulls, instruments, or any other thing whatsoever which touches our lord the king, against him, his crown and regalty, or his realm, as is aforesaid, and those who bring the same within the realm, or receive them, or make thereof notification, or any other execution whatsoever, within the said realm or without; that they, their notaries, procurators, maintainers, abbetors, favorers, and counsellors, shall be put out of the protection of our said lord the king, and their lands and tenements, goods and chattels, shall be forfeited to our lord the king; and that they shall 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 pramunire facias, in manner as it is ordained in other statutes of provisors and others who sue in the court of any other, in derogation of the regalty of our lord the king.

(Ed. from Statutes of the Realm, II, 84.)