abbeys or priories, that he and his executors and procurators which do sue and make execution of such provisions, shall be out of the protection of our lord the king; and that a man may do with him as an enemy of the king and the realm; and he that doth anything against such provisors in body or in goods, or in other possessions, shall be excused against all people, and shall never be impeached nor grieved for the same at any man's suit.

(Ed. from Statutes of the Realm, I, 323, 324-)

91. First Statute of Treasons

(25 EDW. III., st. 5, c. 2, 1352)

Statutes of the Realm

The crime of treason has always been visited by most severe punishment, but prior to the twenty-fifth year of the reign of Edward II. these punishments were not fixed by statute. Neither was the crime of treason accurately defined and determined. The repeated demand that this crime should be defined and limits set to its punishment passed unheeded until the following statute was passed during the reign of Edward III. The seven heads of treason enumerated by this Act formed the basis of all subsequent legislation on the subject.

A STATUTE OF WESTMINSTER

CAP. II

A Declaration which Offences shall be adjudged Treason.

Also, whereas divers opinions have been before this time; in what case treason shall be said, and in what not; the king at the request of the lords and of the commons, hath made the declaration following, that is to say; when a man doth compass or imagine the death of our lord the king; or of our lady his queen, or of their eldest son and heir; or if a man do violate the king's companion, or the king's eldest daughter unmarried, or the wife of the king's eldest son and heir: or if a man do levy war against our said lord the king in his realm or be adherent to the enemies of our lord the king in his realm, giving to them aid and comfort in the realm, or elsewhere; and thereof be probably attainted of open deed by the people of their condition. And if a man counterfeit the king's great or privy seal, or his money; and if a man bring false money into this realm, counterfeit to the money of England, as the money called Lushburgh, or other like to the said money of England, knowing the money to be false, to merchandise, or make payment, in deceit of our said lord the king and of his people: And if a man slay the chancellor,

treasurer, or the king's justices of the one bench or the other, justices in eyre, or of assise and all other justices assigned to hear and determine, being in their places, doing their offices. And it is to be understood, that in the cases above rehearsed, that ought to be judged treason which extends to our lord the king, and his royal majesty: And of such manner of treason the forfeiture of the escheats pertain to our sovereign lord the king as well of the lands and tenements holden of other as of himself.

And moreover there is another manner of treason, that is to say, when a servant slayeth his master, or a wife slayeth her husband, or when a man, secular or religious, slayeth his prelate, to whom he oweth faith and obedience; and such manner of treason giveth forfeiture of the escheats to every lord of his own fee.

And because many other cases of like treason, may happen in time to come, which a man cannot think or declare at this present time; It is accorded, that if any other case, supposed treason, which is not above specified, doth happen anew before any justices, the justices shall tarry without going to judgment of treason, till the case be showed before the king and his parliament, and it be declared whether it ought to be judged treason or other felony.

And if perchance any man of this realm ride armed, covertly or secretly, with men of arms against any other, to slay him, or rob him, or to take and retain him till he hath made fine or ransom for to have his deliverance, it is not the mind of the king nor his council, that in such case it shall be judged treason; but it shall be judged felony or trespas, according to the law of the land of old time used, and according as the case requireth. And if in such case, or other like, before this time any justice have judged treason, and for this cause the lands and tenements have comen into the king's hands as forfeit, the chief lords of the fee shall have their escheats of the tenements holden of them, whether that the same tenements be in the king's hands, or in others, by gift or in other

manner.

Saving always to our lord the king the year, and the waste and the other forfeitures of chattels, which pertain to him in the cases above named: and that Writs of Scire facias be granted in such case against the land-tenants without other original, and without allowing the king's protection in the said suit; and that of the lands which be in the king's hands, Writs be granted to the sheriffs of the coun

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, c. 2, 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, as afore is said.

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

93. The Great Statute of Præmunire

(16 Rich. II., 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, and 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 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