PROVISORS. 25 EDWARD 3, STAT. 6. A STATUTE OF PROVISORS OF BENEFICES.-The king and other lords shall present unto benefices of their own, or their ancestors' foundation, and not the bishop of Rome.See Title-" PRESENTATION," vol. iv. p. 2. 27 EDWARD 3, STAT. 1. A STATUTE OF PROVISORS.-Our lord the king, by the assent and prayer of the great men, and the commons of his realm of England, at his great council holden at Westminster, the Monday next after the feast of Saint Matthew the apostle, the twenty-seventh year of his reign of England, and of France the fourteenth, in amendment of his said realm, and maintenance of the laws and usages, hath ordained and stablished these things under-written : 3 Inst. 120, 12 Co. 37. 14 H. 4, f. 14. 5 Ed. 4, f. 6. nire 5, 6, 10. 43 Ed. 3, f. 6. 27 EDWARD 3, Stat. 1, Cap. 1.—Premunire for suing in a foreign realm, or impeaching of judgment given.-First, because it is shewed 4 Inst. 86. to our lord the king, by the grievous and clamorous complaints of 125. the great men and commons aforesaid, how that divers of the people 11 Co. 63. be, and have been drawn out of the realm to answer of things, 2 Roll 317. whereof the cognizance pertaineth to the king's court; and also that the judgments given in the same court be impeached in another 2 R. 3, f. 17. court, in prejudice and disherison of our lord the king, and of his 9 Ed. 4, f. 3. crown, and of all the people of his said realm, and to the undoing Fitz. premuand destruction of the common law of the same realm at all times used. Whereupon, good deliberation had with the great men and other of his said council, it is assented and accorded by our lord the king, and the great men and commons aforesaid, that all the people of the king's legiance, of what condition that they 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 39 Ed. 3, f.7. king's court, or which do sue in any other court, 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 other- Bro. attorney wise where they have lands or other possessions, by the sheriffs or 11 Co. 34. other the king's ministers, to appear before the king and his council, 44 Ed. 3, f. 7, or in his chancery, or before the king's justices in his places of the 1 Lev. 241, one bench or other, or before other the king's justices which to the 242. same shall be deputed, to answer in their proper persons to the king, of the contempt done in this behalf. And if they come not at the Enforced by said day in their proper person to be at the law, they, their procu- 3.2, 3, and 4. rators, 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 upon the same 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. 48, 53, 104. 36. 38 Ed. 3, st. 2, Appearance of the offend er after two months will save his outlawry, but II. Provided always, that at what time they come before they be outlawed, and will yield them to the king's prison to be justified by the law, and to receive that which the court shall award in this behalf, that they shall be thereto received; the forfeiture of the not his lands lands, goods, and chattels abiding in their force, if they do not yield them within the said two months, as afore is said. or goods. Reg. 182. Rast. 24, 465. 25 Ed. 3, st. 6. 13 Rs. 2, c. 2 & 3. 16 R. 2, c. 5. 13 RICHARD 2, Stat. 2, Cap. 2.-A confirmation of the statute of provisors, made anno 25 Edward 3, stat. 6, and the forfeiture of him that accepteth a benefice contrary to that statute.-See Title"BENEFICES," vol. i. p. 253. 13 RICHARD 2, STAT. 2, CAP. 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.-See Title" BENEFICES," vol. i. 255. 16 RICHARD 2, CAP. 5.-Premunire for purchasing bulls from Rome. The crown of England subject to none.-See Title-" BULLS FROM ROME," vol. i. p. 351. 2 HENRY 4, CAP. 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. It is ordained and stablished, that if any provision be made by the bishop of Rome to any person of religion, or to any other person, to be exempt of obedience regular, or of obedience ordinary, or to have any office perpetual within houses of religion, or as much as one regular person of religion, or two or more, have in the same; that if such provisors from henceforth do accept or enjoy any such provision, they shall incur the pains comprised in the statute of provisors, made in the thirteenth year of king Richard the second. 2 HENRY 4, CAP. 4.-The penalties for purchasing of bulls to be discharged of tithes.-See Title-"BULLS FROM ROME," vol. i. p. 353. 7 HENRY 4, CAP. 8.-No provision, licence, or pardon shall be 25 Ed. 3, st. 6. granted of a benefice full of an incumbent.-To eschew many dissensions, discords and debates, and divers other mischiefs very like to rise and grow because of many provisions made, and to be made, by the pope, and also in respect of licences granted upon the same by the king our sovereign lord; it is ordained and established, that no licence or pardon so granted before this time, nor to be granted Enforced by in time to come, shall be available to any benefice full of any incumbent, at the day of the date of such licence or pardon granted. 3 H. 5, c. 4. Pardon. 9 HENRY 4, CAP. 8.-An act for free elections, and against transportation of money.-See Title-" CHURCH, HER RIGHTS AND LIBERTIES," vol. i. p. 523. 9 HENRY 4, CAP. 10.-A pardon granted by the king to all that have purchased provisions, or translations to archbishoprics, bishoprics, &c.--And also the same our sovereign lord the king hath pardoned all them that have purchased provisions or translations of archbishoprics or bishoprics, purchased and executed and not executed before this first day of December, and all their procurators, notaries, fautors and executors, all manner of trespasses, contempts, forfeitures, and misprisions done by them or any of them concerning the said purchases, so that they may put their grace in execution, as well by themselves as by their procurators, notaries, and executors aforesaid. Et ideo tibi precipimus quod statim visis presentibus statuta et ordinationes predicta in singulis locis infra ballivam tuam ubi magis expediens fuerit et necesse publice ex parte nostra proclomari et notificari ac quantum in te est firmiter et inviolabiliter teneri et observari facias juxta tenorem eorundem. Et hoc nullatenus omittas. T. R. apud Westminstre primo die Februarii anno nono. 3 HENRY 5, STAT. 2, CAP. 4.-All provisions, licences, and pardons of a benefice full of an incumbent shall be void.-See Title"BENEFICES," vol. i. p. 256. 21 HENRY 8, CAP. 13, SECS. 11 & 27.-Spiritual persons abridged from having pluralities of livings, and from taking of farms, &c..-See Title- PLURALITIES," vol. iii. p. 635. 22 HENRY 8, CAP. 15.-The king's general pardon to his EXP. spiritual subjects, of all offences committed against the statutes of provisors, provisions, and premunire, and all other penalties, forfeitures, pains, except treason, murder, robbery, &c. 5 ELIZABETH, CAP. 1.-An act for the assurance of the queen's royal power over all estates and subjects within her dominions.-See Title- ECCLESIASTICAL JURISDICTION OF the Crown,” vol. iii. p. 43. 13 ELIZABETH, CAP. 2.—An act against the bringing in, and putting in execution of bulls, writings or instruments and other superstitious things from the see of Rome.-See Title-" BULLS FROM ROME," vol. i. p. 354. 7 & 8 VICTORIA, CAP. 102.-An act to repeal certain penal enactments made against her majesty's Roman catholic subjects.-See Title -"UNIFORMITY OF SERVICE." 9 & 10 VICTORIA, CAP. 59.—An act to relieve her majesty's subjects from certain penalties and disabilities in regard to religious opinions.See Title- UNIFORMITY OF SERVICE.' SPACE LEFT FOR REFERENCE, IF NECESSARY, TO ACTS OF PARLIAMENT PASSED SUBSEQUENT TO A. D. 1816. be PUBLIC THANKSGIVING. 3 JAMES 1, CAP. 1.—An act for a public thanksgiving to Almighty Yearly pray God every year on the fifth day of November.-Forasmuch as made for the Almighty God hath in all ages shewed his power and mercy in the the king, &c. miraculous and gracious deliverance of his church, and in the pro delivery of from the gunpowder treason. The bless ings of England by the king and his progeny. The gunpowder trea son conspir ed to have been effected 5 Nov. Ann. Dom. 1605. How the tection of religious kings and states; and that no nation of the earth hath been blessed with greater benefits than this kingdom now enjoyeth, having the true and free profession of the gospel under our most gracious sovereign lord king James, the most great, learned and religious king that ever reigned therein, enriched with a most hopeful and plentiful progeny, proceeding out of his royal loins, promising continuance of this happiness and profession to all posterity: the which many malignant and devilish papists, jesuits and seminary priests, much envying and fearing, conspired most horribly, when the king's most excellent majesty, the queen, the prince, and all the lords spiritual and temporal, and commons, should have been assembled in the upper house of parliament upon the fifth day of November in the year of our Lord one thousand six hundred and five, suddenly to have blown up the said whole house with gunpowder: an invention so inhuman, barbarous and cruel, as the like was never before heard of, and was, (as some of the principal conspirators thereof confess, purposely devised and concluded to be done in the said house, that where sundry necessary and religious laws for preservation of the church and state were made, which they falsely and slanderously term cruel laws, enacted against them and their religion, both place and persons should be all destroyed and blown up at once; which would have turned to the utter ruin of this whole kingdom, discovered. had it not pleased Almighty God, by inspiring the king's most excellent majesty with a divine spirit, to interpret some dark phrases of a letter shewed to his majesty, above and beyond all ordinary construction, thereby miraculously discovering this hidden treason not many hours before the appointed time for the execution thereof; therefore the king's most excellent majesty, the lords spiritual and temporal, and all his majesty's faithful and loving subjects, do most justly acknowledge this great and infinite blessing to have proceeded merely from God his great mercy, and to his most holy name do ascribe all the honour, glory and praise: and to the end this unfeigned thankfulness may never be forgotten, but be had in a perpetual remembrance, that all ages to come may yield praises to his divine majesty for the same, and have in memory this joyful day of deliverance. II. Be it therefore enacted by the king's most excellent majesty, the lords spiritual and temporal, and the commons, in this present church year- parliament assembled, and by the authority of the same, that all and singular ministers in every cathedral and parish church, or other usual place for common prayer, within this realm of England and the dominions of the same, shall always upon the fifth day of November say morning prayer, and give unto Almighty God thanks for this most happy deliverance: and that all and every person and persons treason was Thanks shall be given to God in every ly upon the fifth day of November. inhabiting within this realm of England and the dominions of the same, shall always upon that day diligently and faithfully resort to the parish church or chapel accustomed, or to some usual church or chapel where the said morning prayer, preaching, or other service of God shall be used, and then and there to abide orderly and soberly during the time of the said prayers, preaching, or other service of God there to be used and ministered. shall give Sunday be III. And because all and every person may be put in mind of this The minister duty, and be then better prepared to the said holy service, be it warning of enacted by authority aforesaid, that every minister shall give warn- the day the ing to his parishioners publicly in the church at morning prayer, the fore. Sunday before every such fifth day of November, for the due observation of the said day: and that after morning prayer or preaching upon the said fifth day of November, they read publicly, distinctly and plainly this present act. and goodness his majesty. cordial affec 12 CHARLES 2, CAP. 14.-An act for a perpetual anniversary The wonderthanksgiving on the nine and twentieth day of May.-Forasmuch as ful power Almighty God the king of kings, and sole disposer of all earthly of God in the crowns and kingdoms, hath by his all-swaying providence and restoration of power miraculously demonstrated in the view of all the world his transcendent mercy, love and graciousness, towards his most excellent majesty Charles the second, by his especial grace, of England, Scotland, France and Ireland, king, defender of the true faith, and all his majesty's loyal subjects of this his kingdom of England, and the dominions thereunto annexed, by his majesty's late most wonderful, glorious, peaceable and joyful restoration to the actual possession and exercise of his undoubted hereditary sovereign and regal authority over them, (after sundry years forced extermination into foreign parts, by the most traitorous conspiracies and armed power of usurping tyrants and execrable perfidious traitors) and that without the least opposition or effusion of blood, through the unanimous, The unanicordial, loyal votes of the lords and commons in this present parlia- mous and ment assembled, and passionate desires of all other his majesty's tion of the subjects; which inexpressible blessing (by God's own most wonder- lords and ful dispensation) was completed on the twenty-ninth day of May parliament, last past, being the most memorable birth-day, not only of his and people in majesty, both as a man and prince, but likewise as an actual king, and of this and other his majesty's kingdoms, all in a great measure new born and raised from the dead on this most joyful day, wherein many thousands of the nobility, gentry, citizens, and other his lieges of this realm, conducted his majesty unto his royal cities of London and Westminster, with all possible expressions of their public joy and loyal affections, in far greater triumph than any of his most victorious predecessors kings of England returned thither from their foreign conquests; and both his majesty's houses of parliament, with all dutiful and joyful demonstrations of their allegiance, publicly received and cordially congratulated his majesty's most happy arrival, and investiture in his royal throne, at his palace at Whitehall: upon all The intent of which considerations, this being the day which the Lord himself keeping the hath made and crowned with so many public blessings and signal deliverances, both of his majesty and his people, from all their late most deplorable confusions, divisions, wars, devastations and op commons in general. said day. |