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In the second Richard's reign, so eventful for the English interest in Ireland, it had been enacted that any of the clergy procuring appointments directly from Rome, or exercising powers so conferred, should incur the penalty of a praemunire that is, the forfeiture of their lands and chattels, beside being liable to imprisonment during the King's pleasure.
Standish, for justifying the measure, was attacked by the Bishops in Convocation. Warham and Fox both supported the old privileges. The temporal lords on a commission appointed to enquire into the matter sided with Standish, and declared that the Bishops had incurred the penalties of praemunire.
The Court," said he, "may send for any man out of the street and tender him the oath: so we take no notice how you came hither, but finding you here, we tender you the oath of allegiance; which if you refuse to take, we shall commit you, and at length praemunire you." Accordingly, as each one refused it, he was set aside and another called.
The statutes of Henry VIII. were the title- deeds of the English Church. Henry established the supremacy of the State by letters patent, praemunire, and conge d'elire. The old bluebeard Henry, who spent his whole time in murdering his wives, was a nursery toy. The real Henry put two wives to death by lawful means on definite and substantial charges of which death was the penalty.
The penalty of Praemunire was levelled against all aiders and abettors of those offenders mentioned above, together with all who received beads, crosses, pictures, etc., blessed by the Bishop of Rome, or by any one acting with his authority; while those who had fled from the kingdom were commanded to return within six months under penalty of forfeiture of their goods and property.
The statute of Carlisle renewed the abortive measure of 1305 De asportis religiosorum, by prohibiting tallages of religious houses being sent out of the realm. Had the petition of the estates been drafted into a statute, the parliament of Carlisle would have anticipated the statute of Praemunire and many other anti-papal enactments.
In December of 1530, however, the Church was to receive a rough reminder that the Defender of the Faith was a stickler for the rigidity of the statutes. He had already struck at Wolsey because, urged thereto by himself, the Cardinal had obtained and exercised legatine powers contrary to the Statutes of Praemunire.
To prepare the way for the sentence that might be published at any moment by the Pope a bill was introduced forbidding appeals to Rome under penalty of Praemunire, and declaring that all matrimonial suits should be decided in England, and that the clergy should continue their ministrations in spite of any censures or interdicts that might be promulgated by the Pope.
He talked about the Hampden Controversy then raging, and discoursed learnedly about "Praemunire"; then he talked about the revolution which had just broken out in Sicily, and rejoiced that the Pope had refused to allow foreign troops to pass through his dominions in order to crush it. Dr Skinner and the other masters took in the Times among them, and Dr Skinner echoed the Times' leaders.
The day after Campeggio reached Dover a writ was demanded by the King's attorney against the Cardinal for breach of the statute of Praemunire in acting as Legate. The fatal blow had been struck. From that hour, the Cardinal's doom was sealed. He ceased absolutely to be a political force and became merely an object for the King, and for every enemy he had raised up against himself, to buffet.
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