ance 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 (p. 044)
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."

[Footnote 39: "Jeo ne ferra disputation del poiar
l'appost', mes jeo ne scay veier coment il par ses
bull' changer, le ley d'Engleterre."]

The question at issue was found to be so difficult of solution, and
the judges viewed the law of the case in such opposite lights, that it
was argued and debated between them by adjournment in four several
terms; at length the advocates of the Pope's omnipotence gave (p. 045)
way, and judgment was given for the Crown.[40]

[Footnote 40: See Year Book, "Anno xi. Hen.
IIII."--Term. Mich. fol. 37; Hilar. fol. 38; Pasc.
fol. 59; Trin. fol. 76.]

Among many memorable facts recorded by the Year Book during the
progress of this cause, most persons probably will regard with
interest the resistance made by the Crown, at this period, against the
encroachments of