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541 [541]

K. Edw. 3. Notes out of the Parliament Rolles against the pope Actes and Mon. of the church.

MarginaliaThe popes prouisions from come restrayned. tit. 59.this realme to enioy ecclesiasticall dignities, and shewe diuers inconueniences ensuyng thereby, namely the decay of dayly almose, the transporting of the treasure to nourishe the kinges ennemies, the discouering of the secretes of the realme, and the inabling & impouerishing of the Clerkes within this realme.

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MarginaliaThe churche of England spoyled by the pope and his sorcners.They also shewe howe the Pope had in most couert wyse graunted to. 2. new Cardinals within this realme (and namely to cardinall Peragotz) aboue ten thousād markes of yerely taxes: They therefore required þe king and nobles to finde some remedye, for that they neuer could ne would any longer beare those straunge oppressions, or els to helpe them to expel out of this realme the Popes power by force.

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MarginaliaThe acte of K. Edward the first, reuiued for premunire, tit. 60.Hereupon, the Kyng, Lordes, and commōs, sent for the acte made at Carliel, in the. xxxv. yeare of kyng Edward, the first vpon the lyke complaynt: thereby forbidding, that any thing should be attempted or brought into the realme, which should tende to the blemishing of þe kinges prerogatiue, or to preiudice of his Lordes or cōmons. And so at this time, the statute called þe acte of prouision was made by common consent, which generally forbiddeth the bringing in of any bulles, or suche trynckets from the court of Rome, or the vsyng, enioying, or allowing of any such byll, processe, instrument, or suche ware as thereby at large doth appeare. Whereof sufficiently is touched before. pag. 441.

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MarginaliaAnno. Reg. Edouardi, 3. 10. titul. 32The penaltie of which statute afterward folowed in the next Parlamēt, an. reg. Ed. 18. tit. 32. the which penaltie was this: the trāsgressors therof to lye in perpetuall prison, or to be foriured the land. And that all Iustices of Assz, Gaile deliuery, and Oyer and determiner, may determine the same. Required with all, that the same acte of prouision should continue for euer.

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MarginaliaPresentation within 4. monethes. an reg. 18 tit. 34.Item, that the sayde. 18. yeare of the raigne of kyng Edward, tit. 34. it was moreouer propounded: that if any Archb. or any person religious or other, do not presēt within 4. mōthes some able clarke to any dignity, wher any person hathe obteyned from Rome any prouision, Bull, &c. but surcease the same: that then the kyng may present some able clerke.

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MarginaliaNo elections to be taken by the pope, but onely by the K. an. reg. 18. tit 35Item, propounded in the said parliament, an. 18. reg. Ed. 3. that if any bishop elect, shal refuse to take any such bishoprikes, other thē by such bull: that then such elect, shall not enter ne enioy his temporalties without his speciall licence.

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MarginaliaDispositions of benefices onely in the kynges hand, an 18. Ed. 3 titul. 36.Also, that the kyng shall dispose all such benefices & dignities of such aliens hys enemies, as remayne in the countrey of his enemies, and employ the profites therof to the defence of the realme.

MarginaliaBulles from Rome forbidden, an 18 reg Ed. 3 tit. 37.Moreouer propounded, that commissioners be sent to all the kings portes, to apprehend all such persons as shall bring in any suche instrument from Rome, and to bring thē forthwith before the counsail to answer therto.

MarginaliaThe Deanrie of Yorke taken from the Cardinall, an 18 reg. Ed. 3 ti. 38.Propounded farthermore, that the Deanry of York whiche is to be recouered by iudgement in the kynges court, may be bestowed vpon some able man within the realme, who will maintaine the same against him (meanyng the Cardinals, who holdeth the same by prouision from Rome, beyng the enemye to the kyng and to the realme) and that the profites may be employed to the defense of the realme.

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MarginaliaThe kings aunswer and agreement to the foresayd petition.The kynges aunswere. To all which petitions aunswere was made in forme folowyng: Yt is agreed by the kyng, Ealres, Barons, Iustices, and other wisemen of the realme, that the petitions aforesayd be made in sufficient forme of law, accordyng to the petitiōs aforesayd.

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MarginaliaNote, that the byshops be not here named, & yet the parliament standeth in force.¶ Note in this aūswere of the kyng (good reader) that at the graunt hereof, the consent of the byshops is neyther named, nor expressed, with the other Lordes of the parlament: and yet, the parlament standeth in his full force, notwithstandyng.

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¶ Notes of the Parliament holden in the xx. yeare.

MarginaliaAlien monkes to auoyde, an. 20 Ed. 3 tit. 30.TO passe farther to the 20. yeares of þe kynges reigne in the parlament holden the same yeare, it was propoūded: that all Alien monkes should auoyde the realme by the day of S. Michael, and that their lyuinges should be disposed: to young English scholers. The lyuinges of these the kyng toke to his handes.

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MarginaliaThe lyuinges of straungers beneficed, taken into the kinges hands, tit. 31Item, that the kyng may take the profites of all other straungers lyuinges, as Cardinals and others, duryng their lyues. The profites of whome were also in the kynges handes.

MarginaliaThe liuings of Romishe straungers disposed to English mē tit. 32.That such aliens enemyes, as be aduaunced to lyuinges here in England (beyng in their owne coūtreis, shomakers, tailers, or chāberlanes to Cardinals) should depart before Michaelmas, and their lyuynges disposed to poore English scholers. The lyuynges also of these remained in the kinges handes.

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MarginaliaTit. 33.The commons denyed to pay any payment, to any Cardinalls lyeng in Fraunce, to entreat of warre or peace: whiche also was graunted of the kynges parte as reasonable.

MarginaliaCardinals depriued of their lyuinges in England. tit. 34.Item, propounded and fully agreed, that the yearely aduauncement of ij. thousand markes (graunted by the pope to ij. Cardinals, out of the prouincies of Cant. and Yorke) should be restrayned, & such as shall pursue therfore to be out of the law.

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Likewise enacted and agreed, that no English man should take any thyng in ferme of any Alient religious, ne bye any of their goodes, nor be of their counsaile, on payne of perpetuall imprisonment.

Enacted further, that no person should bryng into the realme to any byshop or other, any Bull, or any other letters from Rome, or from any Alien: onlesse he shewe the same to the Chauncelor or warden of the Cinque portes, vpon losse of all he hath.

Finally, in the end of the sayd parlament, the bishops were commaunded before the next conuocation, to certifye into the chauncery the names of such Aliens, of their benefices, and the values of the same.

¶ Notes of the 25. yeare. Edward the 3.

MarginaliaEx Arch. 25. an reg. Ed. 3.
The popes first fruites and reseruations more hurtfull to the realme then all the kings wars. titul. 14.
The parlament of the 25. yeare, was begonne the 6. day of Februarij, the xxv. yere of kyng Edward 3. 

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9 February 1351.

In the which parlament beside other matters mo, was propounded: that remedy might be had agaynst the Popes reseruations, by whiche brocage and meanes the Pope receaued the first fruites of all ecclesiastical dignities: A more consūption to the realme, thē all the kings warres. 
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This piece of anti-papal hyperbole is in the statute and is not Foxe's invention (see Rotuli Parliamentorum, ed. J. Strakey et. al., 6 vols. [London, 1783],II, p. 228).

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MarginaliaTo breake of all appeales to Rome. tit. 14.Also the lyke remedy might be had agaynst such, as in the court of Rome presume to vndoo any iudgement, geuen in the kynges court, as if they enforced to vndoo the lawes of the realme.

Wherunto it was aunswered, that there was sufficient remedy prouided by law.

¶ Notes of 38. yeare of king Edward the 3.

MarginaliaThe request of the kyng for causes not to be determined of Rome, tit. 7In the parlamēt holden at Westminster, the 38. yeare of Edward 3. in the vtaues of Hillary 

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I.e., 20 January 1365.

(Simon byshop of Ely beyng Lord chauncelor) it was required by þe kings own mouth, and declared to the whole estates: How dayly citations and false suggestiōs were made to the pope, for matters determinable in his courts wtin the realme, and for procuring prouisions to ecclesiasticall dignities, MarginaliaWhat mischiefs come by transporting causes to Rome, tit. eod.to the great defacyng of the auncient lawes, to the spoylyng of his crowne, to the dayly conueyng away of the treasure, to the wastyng of ecclesiasticall lyuynges, to the withdrayng of diuine seruice, almose, hospitalitie, and other acceptable workes, and to the dayly increase of all mischiefes: Wherfore, in person and by hys owne mouth, the kyng required the whole estates to prouide hereof due remedy.

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To be noted finally in this parlamēt of the 38. yeare, that the Acte of prouisors, brought in in this parlament, although in the printed copye, cap, 1. 2. 3. 4. both agree with

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