He was sent to the Marshalsea, and a few years later was indicted on a charge of praemunire on refusing the oath when tendered him by his diocesan, Bishop Home of Winchester.
Now if Barlow all this time was not consecrated - and so far the only form of consecration known in England was according to the Roman rite - he would have incurred the penalties of praemunire, let alone the fact that Henry VIII.
These proceedings were challenged in the House of Lords by Lord Houghton, and the lord chancellor (Westbury), speaking on behalf of the government, stated that if there was any ' `synodical judgment" it would be a violation of the law, subjecting those concerned in it to the penalties of a praemunire, but that the sentence in question was "simply nothing, literally no sentence at all."
Henry's next move was to bring a monstrous charge against the clergy, accusing them of having violated the ancient laws of praemunire in submitting to the authority of papal legates (although he himself had ratified the appoint m ent of Wolsey as legate a latere).
The ancient statutes of the praemunire and provisors are recalled and the penalties attached to.
The Council accordingly listened to the accusations of Ferrar's chapter, and in 1552 he was summoned to London and imprisoned on a charge of praemunire incurred by omitting the king's authority in a commission which he issued for the visitation of his diocese.
A licence under the Great Seal to proceed to the election of a bishop, known as the conge d'eslire, together with a letter missive containing the name of the king's nominee, is thereupon sent to the dean and chapter, who are bound under the penalties of Praemunire to proceed within twelve days to the election of the person named in it.
Tomlins says that there is only one instance of a prosecution on a praemunire to be found in the state trials, in which case the penalties were inflicted upon some persons for refusing to take the oath of allegiance to Charles II.
In the case of an appeal from a sentence given in the king's bench, he advised the victorious, but guilty, party to bring an action of praemunire against all those who had been concerned in the appeal, and his authority was stretched to the utmost to obtain the verdict he desired.
About this time Gloucester made another attempt to deprive Beaufort of his see, and it was argued in the council that as a cardinal he could not hold an English bishopric. The general council was not inclined to press the case against him; but the privy council, more clerical and more hostile, sealed writs of praemunire and attachment against him, and some of his jewels were seized.
The first case was an action of praemunire against the court of chancery, evidently instigated by him, but brought at the instance of certain parties whose adversaries had obtained redress in the chancellor's court after the cause had been tried in the court of king's bench.
On the 26th June he was called before the council to answer certain charges, one of which was his conduct in the praemunire question.
He protested against the confirmation of the statute of provisors in 1390, and he was successful in slightly modifying the statute of praemunire in 1393.
Illegal imprisonment beyond seas renders the offender liable in an action by the injured party to treble costs and damages to the extent of not less than £50o, besides subjecting him to the penalties of praemunire and to other disabilities.
The Statutes of Praemunire and Provisors had been passed afew years before (1351-1365) to check papal pretensions.