for the conservation of the prerogatives, liberties,
and pre-eminences of the imperial crown of this realm,
and of the jurisdiction spiritual and temporal of
the same, to keep it from the annoyance as well of
the see of Rome as from the authority of other foreign
potentates attempting the diminution or violation thereof,
as often as from time to time any such annoyance or
attempt might be known or espied: and notwithstanding
the said good statutes and ordinances, and since the
making thereof, divers inconveniences and dangers
not provided for plainly by the said statutes, have
risen and sprung by reason of appeals sued out of this
realm to the see of Rome, in causes testamentary, causes
of matrimony and divorce, right of tithes, oblations,
and obventions, not only to the great inquietation,
vexation, trouble, costs, and charges of the King’s
Highness, and many of his subjects and residents in
this his realm; but also to the delay and let of the
speedy determination of the said causes, for so much
as parties appealing to the said court of Rome most
commonly do the same for the delay of justice; and
forasmuch as the great distance of way is so far out
of this realm, so that the necessary proofs, nor the
true knowledge of the causes, can neither there be
so well known, nor the witnesses so well examined
there as within this realm, so that the parties grieved
by means of the said appeals be most times without
remedy; in consideration hereof, all testamentary
and matrimonial causes, and all suits for tithes,
oblations, and obventions shall henceforth be adjudged
in the spiritual and temporal courts within the realm,
without regard to any process of foreign jurisdiction,
or any inhibition, excommunication, or interdict.
Persons procuring processes, inhibitions, appeals,
or citations from the court of Rome, as well as their
fautors, comforters, counsellors, aiders and abettors,
all and every of them shall incur the penalties of
premunire; and in all such cases as have hitherto
admitted of appeal to Rome, the appeals shall be from
the Archdeacon’s court to the Bishop’s
court, from the Bishop’s court to that of the
Archbishop, and no further."[416]
The act was carried through Parliament in February, but again, as with the Annates Bill, the king delayed his sanction till the post could reach and return from the Vatican. The Bishop of Bayonne wrote that there was hope that Clement might yet give way, and entreated that the king would send an “excusator,” a person formally empowered to protest for him that he could not by the laws of England plead at a foreign tribunal; and that with this imperfect recognition of his authority the pope would be satisfied.
Chastillon, the French ambassador, had an interview with the king, to communicate the bishop’s message.


