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
_P._ Why not? A convocation of the clergy could not alter the right of
supremacy; their courts were still the Pope’s courts. The other
precedent, in the twenty-fifth year of _Hen. VIII_, of the Bishop of
Norwich, may have the same answer. For the King was not declared head of
the Church by Act of Parliament till the twenty-sixth year of his reign.
If he had not mistrusted his own law, he would not have laid hold on so
weak a proof as these precedents. And as to the sentence of præmunire
upon the Bishop of Norwich, neither doth this statute nor that other of
Richard II warrant it. He was sentenced for threatening to excommunicate
a man which had sued another before the mayor. But this statute forbids
not that, but forbids the bringing in or publishing of excommunications,
or other process from Rome, or any other place. Before the twenty-sixth
year of Henry VIII, there is no question but that for a suit in the
spiritual court here in a temporal cause there lay a præmunire. And if
perhaps some judge or other hath since that time judged otherwise, his
judgment was erroneous.
_L._ Nay, but by the statute of 16 _Rich. II._ _c._ 5, it appeareth to
the contrary, as Sir Edward Coke here will show you. The effect, saith
he, of the statute of Richard II is, that if any pursue, or cause to be
pursued, in the Court of Rome or elsewhere, anything which toucheth the
King, against him, his crown, or regality, or his realm, they, their
notaries, &c. shall be out of the King’s protection.
_P._ I pray you let me know the very words of the statute as they lie.
_L._ Presently. The words are, _If any man purchase or pursue, or cause
to be purchased or pursued, in the Court of Rome or elsewhere, any such
translations, processes and sentences of excommunication, bulls,
instruments, or any other things whatsoever, which touch the King,
against him, his crown, and his regality, or his realm, as is aforesaid,
&c._