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قراءة كتاب Henry of Monmouth Or, Memoirs of the Life and Character of Henry the Fifth, as Prince of Wales and King of England Volume 2
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Henry of Monmouth Or, Memoirs of the Life and Character of Henry the Fifth, as Prince of Wales and King of England Volume 2
IV.—i.e. 1409), Horton for the defendants alleged, "We continued in possession of the prebend after Richard Hallam had received the temporalities from the hands of the King. Subsequently to which, and before we were created Bishop of St. David's, our Saint Peter the Apostle, reciting by his bulls that we were elected Bishop of St. David's, granted us licence to enjoy all our other benefices." On which, Thirning, Justice, observed, "The grant of the Apostle in this case cannot change the law of the land." To which Hankford (who proved himself throughout the most zealous supporter of the omnipotence of the Popedom) merely replied, "The Pope can do all things;" his use of the Latin words evidently showing that he was quoting a dictum,—"Papa omnia potest." After some discussion, and a reference to former precedents chiefly alleged by Hankford, Thirning rejoins very significantly, "That was in ancient times, and I will not raise the question as to the power of the Apostle; but I cannot see how he by his bulls can change the law of England."[39] In the third deliberation, Culpeper says, "The intention of the statute is now to be considered; and I conceive that it was made to protect the King and other patrons in their rights, and to restrain the encroachment of the Apostle which he makes against the law." On the third discussion, Till argued, "Since by the law of the land the creation of a bishop causes a voidance in fact of a benefice before held, and by such voidance the title of presentation or collation accrues to the patron, I say that the Apostle can by no grant beforehand oust the patron of his right, and restrain the title which ought to accrue to him upon such creation: for if so, he ought to restrain and change the course of inheritance by the law of the land; and that he cannot do, no more than if the King wished to give or grant to a man that he should hold his lands after he has entered upon a monastic life, and professed; for such grant would be contrary to the common law of the land, and therefore would be altogether void. So also in this case." To this argument Horton replied, among other points, "I take it that the Apostle may grant to a man to hold three bishoprics at a time;" in which Hankford agreed, "provided it were with the consent of the patrons." On which Skeene observed, "If the Pope made such a grant, the King might retain the temporalities in his own hands, if he wished it." To this observation, Hankford, among many other things, said, "The Apostle can in many cases change the course of the law of the land, and prevent the occurrence of that which ought to follow." The same judge, pressing again the argument on which he had before relied, asks, "What say ye? suppose the Apostle, before a man becomes a professed monk, grants him a dispensation to hold his benefices after his profession?"—"I say," replied Hill, "that in such a case he cannot deprive me of my right of patronage."