14 EDWARD 3, STAT. 4, CAP. 2.-Presentment to churches made by the king in another's right.-See Title-" BENEFICES," vol. i. p. 249. 25 EDWARD 3, STAT. 3, CAP. 1.-All privileges granted to the clergy confirmed. The king nor his heirs shall present to a benefice of another's right of any time of his progenitors.-That all the privileges and franchises granted heretofore to the said clergy be confirmed and holden in all points. And as touching presentments to be made by our lord the king, or any of his heirs, to a benefice of holy church in another's right by old title, our said lord the king, to the honor of God and holy church, willeth and granteth, of the assent of the said parliament, that from henceforth he nor any of his heirs shall not take title to present to any benefice in any other's right of any time of his progenitors; nor that any prelate of his realm be bound to receive any such presentment to be made, nor to do thereof any execution; nor that any justice of the one place, or the other, may not nor ought not to hold plea, or give judgment upon any such presentment to be made; but that the said king and his heirs be for ever hereafter clearly barred of all such presentments; saving always to him and his heirs all such presentments in another's right fallen, or to fall, of all his time, and of the time to come. 25 EDWARD 3, STAT. 3, CAP. 2.-A repeal of the statute of anno 14 Ed. 3, stat. 4, cap. 2, touching the king's presentment to a church of another's right.-See Title-"BENEFICES," vol. i. p. 249. 25 EDWARD 3, STAT. 3, CAP. 3.—When the king presenteth to a benefice in another's right, his title shall be examined.—See Title— “CHURCH, HER RIGHTS AND LIBERTIES," vol. i. p. 517. Hob. 161. 1 Roll 453, 25 EDWARD 3, STAT. 3, CAP. 7.-The ordinary may counterplead the king's title for a benefice fallen by lapse.-Because that many 13 Ed. 1, st. 1, presentments to divers benefices of holy church, as well of the C patronage of lay people, as of people of holy church, which were 7 Co. 26. void by six months, whereof the collation of such benefices by lapse 458, 466, 470. of time was devolute, and of right pertaining to the ordinaries of 2 Roll 452. the places, were recovered by the king by judgments thereof given of the assent of the said patrons, in deceit of the said collations so made reasonably by the said ordinaries; in which pleas the ordinaries nor their clerks, to whom they did give such benefices, were not received to shew nor defend their right in this behalf, nor to counterplead the king's right so claimed, which is not reasonable: VOL. IV. B Fitz, quare 196. Fitz. Liv. 34. 1 Mod. 279. 1 Leonard.45. wherefore the king, by the assent of the said parliament, will and impedit, 191, granteth for him and his heirs, that when archbishops, bishops, or other ordinaries, have given a benefice of right devolute to him by lapse of time, and after the king presenteth and taketh the suit against the patron, which percase will suffer that the king shall recover without action tried, in deceit of the ordinary, or the possessor of the said benefices, that in such case, and all other cases like, were the king's right is not tried, the archbishop or bishop, ordinary or possessor, shall be received to counterplead the title taken for the king, and to have his answer, and to shew and defend Br. petition, his right upon the matter, although that he claim nothing in the 13 R. 2, st. 1. patronage in the case aforesaid. 5. c. 1, the king's presentee shall not be received to a church full of an incumbent, till he hath recovered it by law. 3 Inst. 127. 2 Roll 459. Rast. 2. s. 3. why the kings and the realm did give lands to bishops and other pre lates. 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.Whereas late in the parliament of good memory of Edward king of England, grandfather to our lord the king that now is, the thirtyStat.Carlisle, fifth year of his reign, holden at Carlisle, the petition heard, put before the said grandfather and his council in his said parliament The causes by the commonalty of the said realm, containing, that whereas the holy church of England was founded in the cstate of prelacy, noblemen of 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 do 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, carls, 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. The pope be II. And the said kings in times past were wont to have the stowed spiri- greatest part of their council, for the safeguard of the realm when tual livings upon aliens they had need, of such prelates and clerks so advanced; the bishop not dwelling in England. of Rome, accroching to him the seigniories of such possessions and benefices doth give and grant the same benefices to aliens, which did never dwell in England, and to cardinals, which might not dwell here, and to other as well aliens as denizens, as if he had been patron or advowee of the said dignities and benefices, as he was not The inconve- of right by the law of England; whereby if they should be suffered, suing there there should 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 provisions, against the good will and disposition of the founders of the same benefices; and so the elections of arch niencies en on. bishops, bishops, and other religious should fail, and the alms, hospitalitics, and other works of charity, which should be done in the said 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, in adnullation of the estate of the holy church of England, and disherison 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 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 instances and requests, the damage and grievances afore considered, in the said full parliament it was ordained, provided, established, agreed, adjudged, and considered, that the said oppressions, grievances, and damages in the same realm from henceforth should not be suffered in any manner. And now it is shewed to our lord the king in this present parliament holden at Westminster, at the utas of the purification of our lady, the five and twentieth year of his reign of England, and of France the twelfth, by the grievous complaints of all the commons of his realm, that the grievances and mischiefs aforesaid do daily abound, to the greater damage and destruction of all his realm of England, more than ever were before, viz. that now of late the bishop of Rome, by The pope procurement of clerks and otherwise, hath reserved, and doth daily givefices of reserve to his collation generally and especially, as well archbishoprics, the church, bishoprics, abbeys, and priories, as all other dignities and other bene- eth the first fices of England, which be of the advowry of people of holy church, fruits to and give the same as well to aliens as to denizens, and taketh of all such benefices the first fruits, and many other profits, and a great part of the treasure of the said realm is carried away and dispended out of the realm, by the purchasers of such benefices and graces aforesaid; and also by such privy reservations many clerks advanced in this realm by their true patrons, which have peaceably holden their advancements by long time, be suddenly put out: whereupon the said commons have prayed our said lord the king, that sith the right of the crown of England, and the law of the said realm is such, that upon the mischiefs and damages which happen to his realm, he ought, and is bound by his oath, with the accord of his people in his parliament thereof to make remedy and law, and in removing the mischiefs and damages which thereof ensue, that it may please him thereupon to ordain remedy. the and reserv himself. and reasons III. Our lord the king, seeing the mischiefs and damage before The causes mentioned, and having regard to the said statute made in the time of making of his said grandfather, and to the causes contained in the same; this statute. which statute holdeth always his force, and was never defeated, repealed,* nor adnulled in any point, and by so much as he is bounden ⚫Not in orig. by his oath to cause the same to be kept as the law of his realm, though that by sufferance and negligence it hath been sithence attempted to the contrary; also having regard to the grievous complaints made to him by his people in divers his parliaments holden heretofore, willing to ordain remedy for the great damages and as they were founded. founders of and their mischiefs which have happened, and daily do happen to the church of England by the said cause; by the assent of all the great men and the commonalty of the said realm, to the honour of God, and profit of the said church of England, and of all his realm, hath orElections of dered and stablished, that the free elections of archbishops, bishops, the dignities of the church and all other dignities and benefices elective in England, shall hold shall be free, from henceforth in the manner as they were granted by the king's progenitors, and the ancestors of other lords, founders of the said Patrons and dignities and other benefices. And that all prelates and other people the dignities of holy church, which have advowsons of any benefices of the king's of the church gift, or of any of his progenitors, or of other lords and donors, to do heirs, shall divine services, and other charges thereof ordained, shall have their have the col- collations and presentments freely to the same, in the manner as sentation to they were enfeoffed by their donors. And in case that reservation, collation, or provision be made by the court of Rome, of any arch9 H. 3, st. 1, bishopric, bishopric, dignity, or other benefice, in disturbance of the 11 H. 4, f. 37, free elections, collations, or presentations aforenamed, that at the same time of the voidance, that such reservations, collations, and pope maketh provisions ought to take effect, our lord the king and his heirs shall provision to have and enjoy for the same time the collations to the archbishoprics a dignity of the church, and other dignities elective, which be of his advowry, such as his the king shall present progenitors had before that free election was granted, since that lation or pre them being void. c. 33. 59, 76. Where the the election was first granted by the king's progenitors upon a certain form and condition, as to demand licence of the king to choose, and after the election to have his royal assent, and not in other manner; which conditions not kept, the thing ought by reason to resort to his first nature. IV. And if any such reservation, provision, or collation be made of any house of religion of the king's advowry, in disturbance of free election, our sovereign lord the king, and his heirs, shall have for that time the collation to give this dignity to a convenient person. And in case that collation, reservation, or provision be made by the court of Rome of any church, prebend, or other benefices, which be of the advowry of people of holy church, whereof the king is advowee paramount immediate, that at the same time of the voidance, at which time the collation, reservation, or provision ought to take effect as afore is said, the king and his heirs thereof shall have the presentment or collation for that time. And so from time to time, whensoever such people of holy church shall be disturbed of their presentments or collations, by such reservations, collations, or provisions, as afore is said; saving to them the right of their advowsons and their presentments, when no collation or provision of the court of Rome is thereof made, where that the said people of holy church shall or will to the same benefices present or make collation; and that their presentees may enjoy the effect of their collations or pre44 Ed. 3, f. 36. sentments. And in the same manner every other lord, of what condition that he be, shall have the collations or presentments to the houses of religion which be of his advowry, and other benefices The penal- of holy church which be pertaining to the same houses. And if such advowees do not present to such benefices within the half year after such voidances, nor the bishop of the place do not give the same by lapse of time within a month after half a year, that then the ties of those which by provisions from Rome do disturb |