These remonstrances had little effect, and at last, in 1351, the statute of Provisors was enacted, on the petition of the lords temporal and the commons. By this statute any collation made by the Pope was to escheat to the Crown, and any person acting in virtue of a reservation or provision was, after conviction, to be imprisoned until he had paid such fine as the king might inflict, and had made compensation to the party aggrieved. To this statute the bishops, who were, of course, hampered by their position as regards the Pope, did not assent. Its immediate effect was rather to strengthen the hold of the king upon the Church than to increase its liberty. Edward connived at its evasion whenever it suited him to do so, and infringed the rights of patrons by a writ called "Quare impedit," while the concurrence of the Popes, who took care to keep on good terms with the victorious king, enabled him to do much as he liked. The Popes, moreover, still continued to provide to sees vacant by translation, and accordingly multiplied translations to the hurt of the Church. It was found necessary to re-enact the penalties of the statute fourteen years later, and, as we shall see, fresh efforts were made against the abuse towards the end of the reign.

The system of provisions increased the number of appeals to Rome, and matters that were determinable at common law were carried to the Pope's court, much to the inconvenience of the parties concerned, and to the profit of the papal officers. In 1353 a check was given to the appellate jurisdiction of the curia by the Statute of Præmunire, which, without verbal reference to the Pope, made it punishable with imprisonment and forfeiture to draw one of the king's subjects out of the kingdom to answer in a foreign court, the offender being compelled to appear by a writ beginning "Præmunire facias." This statute was re-enacted in 1365, with distinct mention of the Roman court; the prelates protesting, evidently for form's sake, that they would assent to nothing that was injurious to the Church. Although the Pope still granted dispensations from the canon law, and his jurisdiction might still be invoked in cases for which no remedy was provided at common law, papal interference in legal matters of importance now became rare. New statutes of Provisors and Præmunire were promulgated in the next reign.

The English Church in the Middle Ages — Part 106