liament, there is never a judge or other man in the realm ought to know
more by experience of that the laws have said than I.

"First, my Lord Cardinal, that obtained his legacy by our late Sovereign
Lord's requirements at Rome, yet, because it was against the laws of the
realm, the judges concluded the offence of Premunire, which matter I bare
away, and took it for a law of the realm, because the lawyers said so, but
my reason digested it not. The lawyers, for confirmation of their doings,
brought in the case of Lord Tiptoft. An earl he was, and learned in the
civil laws, who being chancellor, because in execution of the king's
commandment he offended the laws of the realm, suffered on Tower Hill. They
brought in examples of many judges that had fines set on their heads in
like cases for transgression of laws by the king's commandment, and this I
learned in that case.

"Since that time being of the council, when many proclamations were devised
against the carriers out of corn, when it came to punish the offender, the
judges would answer it might not be by the law, because the Act of
Parliament gave liberty, wheat being under a price. Whereupon at last
followed the Act of Proclamations, in the passing whereof were many large
words spoken."

After mentioning other cases, he goes on:--

"I reasoned once in the parliament house, where there was free speech
without danger, and the Lord Audely, to satisfy me, because I was in some
secret estimation, as he knew, 'Thou art a good fellow, Bishop,' quoth he;
'look at the Act of Supremacy, and there the king's doings be restrained to
spiritual jurisdiction; and in another act no spiritual law shall have
place contrary to a common law, or an act of parliament. And this were
not,' quoth he, 'you bishops would enter in with the king, and by means of
his supremacy order the laws as ye listed. But we will provide,' quoth he,
'that the premunire shall never go off your heads.' This I bare away then,
and held my peace."--Gardiner to the Protector Somerset: _MS. Harleian_,
417.

[289] 13 Ric. II. stat. 2, cap. 2. Et si le Roi envoie par lettre on en
autre maniere a la Courte du Rome al excitacion dascune person, parount que
la contrarie de cest estatut soit fait touchant ascune dignite de Sainte
Eglise, si celuy qui fait tiel excitacion soit Prelate de Sainte Eglise,
paie au Roy le value de ses temporalitees dun an. The petition of
parliament which occasioned the statute is even more