The fyrst dialogue in Englisshe with newe additions.

☞Whether the presentement & collaciō of all benefices & dignities voydynge at Rome belonge onely to the Pope The .xxxvii. Chapitre.

STudent.

In the sayde summe called Summa rosella in the title Beneficiū primum / ī the .xiii. article. It is sayde that benefices / dignities / & {per}sonages / voy∣dynge in the courte of Rome maye nat be gyuen but by the Pope & likewyse of the Popes seruauntes & of other that come & go fro the courte if they dye in places nye to the court within two dayes iourney all these belonge to the Pope / but if the Pope presente nat within a moneth: than after the moneth they to whome it belōgeth to present may present by them selfe onely or by theyr vicar generall if they be in farre parties & these saynges holde nat in the la¦wes of the realme.

¶Doctoure.

what is the cause that they holde nat ī this realme as well as in all other realmes.

¶Studēt

One cause is this. The kyng ī this realme accordyng to the aūciēt right of his crow¦ne / of all his aduousons that be of his pa∣tronage oweth to present. And in likewise other patrons of benefices of theyr presen¦tement / & the plee of the right of presente∣mentes of benefices within this realme be¦longe to the kyng & his crowne. And these titles can nat be taken fro the kynge & his subiectes but by theyr assent / & so the lawe

that is made therin to put away that title byndeth nat in this realme / & ouer that be¦fore the statute of .xxv. of Edwarde the .iii there was a great inconueniēce & mischief by reason of diuers prouisiōs & reseruaciōs that the Pope made to benefices in thys realme cōtrari to the olde right of y^e kyng & other patrons in this realme as well to archebisshopryches / Bisshopryches / deau∣ries / & Abbes: as to other dignities & bene¦fices of the church. And many tymes aliēs therby had benefices within the realme y^t vnderstode nat the englisshe tonge / so that they coulde nat counsayle ne conforte the people whan nede requyred / & by that occa¦sion great ryches was cōuayed out of the realme / wherfore to auoyde suche inconue¦niences: it was ordeyned by the sayd statu¦te that all patrōs as well spirituall as tē∣porall shulde haue theyr presentemētes fre¦ly / & in case y^t collaciō or prouisiō were ma¦de by the Pope in disturbaūce of any spiri¦tuall patrō: that thā for that tyme the kīg shulde haue the {pre}sentemēt / & if it were ī di∣sturbaūce of any lay patrō: that thā if the patrō {pre}sented nat withī the halfe yere af∣ter suche voydāce: nor the Bisshope of the place withī a moneth after the halfe yere:

that thā the kyng shulde haue also the {pre}sen¦tement / & y^t the kyng shulde haue the profi¦tes of the benefices so occupied by prouisiō except abbes & priours & other houses that haue colage & couēt / & there the colage & co¦uēt to haue the profites / & bycause the sta∣tute is generall & excepteth nat suche bene¦fices as shall voyde in the courte of Rome or in suche other place as before appereth / therfore they be takē to be withī the proui¦siō of the sayd estatute as well as the bene¦fices that voyde withī the realme / & all pro¦uisours & executours of the sayd collaciōs & prouisiōs & al theyr atturneys / notaries / & mainteners shalbe out of the protecciō of the kyng / & shall haue like punisshemēt as they shulde haue for executing of benefices voyding withī the realme.

¶Docto^r.

But I cā nat se howe the sayd statute may stāde with cōsciēce that so farre restrayneth the Pope of his libertie / whiche as me semeth he ought ī this case right to haue.

¶Stu¦dēt.

Because as I suppose y^e patrōs ought of right to haue theyr {pre}sentemētes vnder suche maner as they clayme thē in th{is} real¦me as I haue sayd before / & as in the .xxvi chapi. of this boke appereth more at large & also for as moche as it apereth euidētly

that greate inconuenient folowed vpō the sayd prouisions / & that the sayde estatute was made to auoyde the same / which syth that tyme hath ben suffred by the Pope & hath ben alway vsed in this realme with∣oute resistaunce that the sayde estatute shulde therfore stāde with good consciēce.