Page:Prerogatives of the Crown.djvu/85

 Ch. v.] Bead of the Church. 65 the first {a). And the statute U Ed. 3. st. 4. c. 4. (which permits as we have seen a lease to the dean and chapter), is still more explicit in prohibiting the other exactions. It was also a frequent abuse that the King would, for trifling or no causes, seize the temporalities of bishops even during their lives into his own hands ; but this is guarded against by statutes 1 Ed. 3. St. 2. c. 2. ; 14 Ed. 3. st. 4. c. 3. ; 25 Ed. 3. St. 3. c. 6. This revenue of the King, which was formerly very con- siderable, is now by a customary indulgence almost reduced to nothing ; for at present as soon as the new Bishop is conse- crated and confirmed, he usually receives the restitution of his temporalities quite entire and untouched from the King, and at the same time does homage to his Sovereign ; and then, and not sooner, he has a fee simple in his bishoprick, and may maintain an action for the profits (Jb), It seems that for an enormous offence of a Bishop his tem- poralities may be seized in manus regis {c). The King is entitled to a corody, as the law calls it, out of every bishoprick: that is, to send one of his chaplains to be maintained by the Bishop, or to have a pension allowed him till the Bishop promote him to a benefice (c?). This is also in the nature of an acknowledgment to the King, as founder of the see, since he had formerly the same corody or pension from every abbey or priory of royal foundation. It seems to be now fallen into total disuse, though Sir Matthew Hale says [e) that it is due of common right, and that no prescrip- tion will discharge it. Under this head may also be mentioned the right of the Crown to the tithes arising in extra-parochial places, which are (a) 3 Ed. I. c. 21. 1 Bla.Com.282. non admisit by the king, 2 Rol. 228. {b) 1 Bla. Com. 282, 3. Co* Litt. I, 1 7, or be found guilty in a quare in- 67, 341. cumbravit, after a non admittas delivered (c) 2 Roll. Abr. 228. 1. 20. In 6 to him, 2 Rol. 228.1. 10; or upon the Com. Dig. 46. tit. Prerogative, D. (D. death of a bishop, the king, by his pre- 525.) the following instances are put : as rogative, shall have his palfrey, bason, if he be attainted for trespass contra and ewer, and kennel of hounds ; and pacem ; for being a prelate, a capias process shall issue for them, if not does not lie against his person, 2 Rol, compounded, Sav. 53. j see further, Vin. 228. 1. 25. or for a contempt, as upon Abr. tit. Prerogative, 17 V. 242. an attachment in prohibition, 2 Rol. (rf) F. N. B. 230. 228. 1. 15, 30. or for not admitting a {e) Notes on F. N. B. above cited, varlet to his corody, 2 Rol. 228. 1. 15 : 1 Bla. Com. 283. »9 if he be found a disturber in a quart s vested