episcopal preferment, a Bishop of London,
Nicoll Bubwith, was translated from London to
Salisbury, and from Salisbury to Bath and Wells.
The pleading also reminds us of a curious fact with
regard to Bishop Hallam's promotion, not generally
known. The record merely states that "the Bishop of
Sarum, that now is, was translated from York to the
church of Sarum." This latter translation, however,
(if such it can be properly called,) admits of a
more easy solution than the preceding. The fact is,
that Hallam was actually appointed by the Pope to
the archbishopric of York; to which appointment the
King objected. The nomination of the Pope was not
persisted in, and Hallam was consecrated Bishop of
Salisbury.]
In the first sitting (Mich. 11 Henry 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; (p. 043)
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 void
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