Page:English Historical Review Volume 37.djvu/187

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1922 THE GREAT STATUTE OF PEAEMUNIRE 179 such mandates, to the destruction of the king's rights, of his laity, and of his whole realm. Moreover, it was currently reported that the pope intended to translate even to places outside the realm certain prelates whose counsel was needed by the king, and that without his knowledge or the consent of the prelates concerned. If this were suffered the statutes of the realm would be annulled, his wise counsellors withdrawn, and the wealth of the realm carried away, ' and thus the Crown of England, which has always been so free that it has had no earthly sovereign but has been immediately subject to God in all things touching the regality of the same Crown, would be subject to the Pope, and the laws and statutes of the realm would be defeated and annulled by him at his will '. The commons added that since the things thus attempted by the pope were manifestly prejudicial to the Crown and the king's immemorial rights, they and all the commons of the realm wished to uphold the king to the death in face of these and all other encroachments on his prerogative. 1 They asked the king to question each of the lords in parliament

  • and all the estates of parliament ' as to their opinion of the

aforesaid matters and the support they would give the king in maintaining his rights. The temporal lords all expressed the same views and intentions as the commons. The lords spiritual who were present and the proctors of those absent, first protesting that they had no intention of asserting that the pope could not excommunicate bishops or translate prelates according to canon law, 2 replied severally that if execution were made of such pro- cesses as the commons had specified, if any of the king's lieges were excommunicated for the reason mentioned, or if execution were made of translations exactly like those described, it would be against the king and his Crown. 3 They further declared that they wished and ought to support the king loyally in the cases sub- 1 Et disoient outre lea Communes avantdites qe les dites choses ensi attemptez sount overtement encountre la corone notre seignour le Roi et sa regalie use et approve du temps du touz ses progenitours ; par quoy ils et touz les lieges communes du mesme le Roialme veullent estere ovec notre dit seignour le Roy et sa dite corone et sa regalie en les cases avauntdites et en touz autres cases attemptez encountre luy sa corone et sa regalie en toutz pointz a vivre et mourer ' : ibid. pp. 84 seq. 2 ' Fesantz protestacions qil nest pas lour entencion de dire ne affermer qe . . . le Pape ne poet excomenger Evesques ne quil poet faire translacions des prelatz solonc la ley de Seinte Esglise ' : ibid. p. 85.

  • ' Si aucunes execucions des processes faitz en la Courte de Rome come devant

soient faitz par ascuny, et censures de escomengementz soient faitz encountre ascun Evesque Dengleterre ou ascun autre liege du Roi puree qils ount fait execucion dee tieux maundementz, et qe si aucuns execucions des tieux translacions soient faitz dascuns prelatz de mesme le Roialme queux seignours sount moult profitables et necessairs a . . . le Roi et a son Roiaume suisdit, ou qe ses sages lieges de son counseil saunz son assent et encountre sa volunte soient sustretz et esloignez bore du Roialme, sique lavoir et tresor du Roialme purroit estre destruit, qe ce est encountre le Roy et sa Corone sicome est continuz en la peticion avant nome ' : ibid. N2