The Doctor and Student (1518)

Christopher St. Germain

That all sanctuaries, and also who shall have his clergy, be under the power of the parliament, to order as they shall think convenient

Stud. All the sanctuaries in England, as well in churches as other, and also where a man shall have his clergy, and where not, be under the power and authority of the parliament.

Doct. I suppose that it is by the spiritual authority that a man shall be defended by a sanctuary, or have his clergy.

Stud. Nay verily, but by the old customs and maxims of the law of the realm; and therefore the king’s justices shall judge where a man shall have sanctuary or his clergy, and where not. And if the ordinary will not come to receive them that be clerks, the king’s justices may set a fine upon him. And also the king’s pardon shall discharge one, both of the sanctuary, and out of the bishop’s prison; and so it appeareth that the bishops have the keeping of such as be admitted to their clergy by authority of the king’s laws, and not by their own authority. And though the title of sanctuary, and the liberty where a man shall have his clergy, be under the power of the parliament, yet the parliament hath not broken nor extended his whole power on them, to put them generally away.

Doct. Might the parliament break a sanctuary that is granted by the pope?

Stud. The pope by himself may make no sanctuary in this realm: but if the king and the pope together do it, the old custom of the realm serveth, as most men say, that it is good. But yet if the king after that grant, by authority of his parliament avoid his own grant, then remaineth but only the pope’s grant; and that sufficeth not to make a sanctuary, as I have said before: but the parliament without the pope may make a sanctuary, with such penalties as they shall think convenient to set upon the breakers thereof. But if the pope do after confirm that sanctuary, and grant that no man under the pain of the censures of the church do break it, it is the stronger, howbeit the sanctuary taketh his full strength in that case as to the law by the parliament.