The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
disturber should be attached by his body, and if convicted, lie in
prison till he were ransomed at the King’s will, and had satisfied the
party grieved, renounced his title, and found sureties not to sue for it
any further; and that if they could not be found, then exigents should
go forth to outlawry, and the profits of the benefice in the mean time
be taken into the King’s hands. And the same statute is confirmed in the
twenty-seventh year of King Edward III; which statute alloweth to these
provisors two months to appear: but if they appear before they be
outlawed, they shall be received to make answer; but if they render not
themselves, they shall forfeit all their lands, goods, and chattels,
besides that they stand outlawed. The same law is confirmed again by 16
_Rich. II_, _c._ 5; in which is added, because these provisors obtained
sometimes from the Pope, that such English bishops, as according to the
law were instituted and inducted by the King’s presentees, should be
excommunicated, that for this also both they, and the receivers and
publishers of such papal process, and the procurers, should have the
same punishment.
_P._ Let me see the statute itself of 27 _Edw. III_.
_L._ It lies there before you, set down _verbatim_ by Sir Edward Coke
himself, both in English and French.
_P._ It is well. We are now to consider what it means, and whether it be
well or ill interpreted by Sir Edward Coke. And first it appeareth by
the preamble, which Sir Edward Coke acknowledgeth to be the best
interpreter of the statute, that this statute was made against the
encroachments only of the Church of Rome upon the right of the King, and
other patrons, to collate bishoprics and other benefices within the
realm of England, and against the power of the courts spiritual to hold
plea of controversies determinable in any of the courts of the King, or
to reverse any judgment there given, as being things that tend to the
disherison of the King and destruction of the common-law of the realm
always used. Put the case now, that a man had procured the Pope to
reverse a decree in chancery. Had he been within the danger of
præmunire?
_L._ Yes, certainly. Or if the judgment had been given in the Court of
the Lord Admiral, or in any other King’s court whatsoever, either of law
or equity. For courts of equity are most properly courts of the
common-law of England, because equity and common-law, as Sir Edward Coke
says, are all one.
_P._ Then the word common-law is not in this preamble restrained to such
courts only where the trial is by juries, but comprehends all the King’s
temporal courts, if not also the courts of those subjects that are lords
of great manors.
_L._ It is very likely, yet I think it will not by every man be granted.