conscience he could not lawfully take vpon him the said office He hath also acknowledged our Souerainge Lord King Iames to be his lawfull Chiefe and Supreame Gouernour in all causes as well Ecclesiasticall as Ciuill and that hee is in conscience bound to obey him in all the said causes and so forth as it is conteined in his acknowledgment or confession before set downe which being shewed foorth by the Atturney generall the court caused it to be publikly read and therevppon demanded of Lalor if that were not his free and voluntarie confession signed with his owne hand and confirmed by his oath before the Lord deputie and Counsell He was not a little abashed at the publishing of this acknowledgment confession in the hearing of so many principall gentelmen to whome hee had preached a contrary doctrine therefore said he the shewing foorth of this confession is altogether impertinent and besides the matter Howbeit he could not deny but that he made it and signed it and swore it as it was testified by the Lord deputy and the rest Then was it demanded of him whither since the making of this confession he had not protested to diuers of his friends that he had not acknowledged the Kings supremacie in Ecclesiasticall causes his aunswer was that indeede he had said to some of his frends who visited him iâ— the Castle of Dublin that he had not confessed or acknowledged that the King was his Supreame Gouernour in spirituall causes for that the trueth is in the confession there is no mention made of spirituall causes but of Ecclesiasticall This is a subtile euasion indeede said the Atturney generall I pray you what difference doe you make betweene Ecclesiasticall causes and spirituall causes This question said Lalor is sudden and vnexpected at this time and therfore you shall doe well to take another day to dispute this point Nay said the Atturney generall we can neuer speake of it in a better time or fitter place and therefore though you that beare so reuerend a title and hold the reputation of so great a Clearke require a further time yet shall you heare that wee laymen that serue his Maiestie and by the dutie of our places are to maintaine the iurisdiction of the Crowne are neuer so vnprouided but that we can say somewhat touching the nature and difference of these causes When the distinction of Ecclesiasticall and spirituall causes from Ciuill and temporall causes begaÌ„ in the world First then let vs see when this distinction of Ecclesiasticall or spirituall causes from Ciuill and temporall causes did first begin in point of iurisdiction Assuredly for the space of three hundred yeares after Christ this distinction was not knowen or heard of in the Christian world For the causes of Testaments of Matrimony of Bastardy and Adultery and the rest which are called Ecclesiasticall or spirituall causes were meerely ciuill determined by the rules of the ciuill lawe and subiect onely to the iurisdiction of the Ciuill Magistrate as all Ciuillians will testifie with mee But after that the Emperours had receaued the Christian faith out of a zeale and desire they had to grace and honor the learned and godly Bishops of that time they were pleased to single out certaine speciall causes wherein they graunted iurisdiction vnto the Bishops namely in cases of Tieths because they were paid to men of the Church In causes of Matrimony because mariages were for the most part solemnized in the Church In causes Testamentary because testaments were many times made in extremis when Churchmen were present giuing spirituall comfort to the testator and therefore they were thought the fittest persons to take the probates of such testaments Howbeit these Bishops did not proceed in these causes according to the Canons and decrees of the Church for the Canon lawe was not then hatched or dream't of but according to the rules of the Imperiall law as the Ciuill magistrate did proceed in other causes neither did the Emperours in giuing this iurisdiction vnto them giue away their owne Supreme and absolute power to correct and punish these iudges as well as others if they performed not their seuerall duties This then is most certaine that the primitiue iurisdiction in all these causes was in the Ciuill magistrate and so in right it remaineth at this day and though it be deriued from him it remaineth in him as in a fountaine For euery Christian monarch as well as the godly Kings of Iuda is custos vtriusque tabulâ— coÌ„sequently hath power to punish not onely Treason Murder Theft and all manner of force fraude but incest adultery vsury periury simony sorcery idolatry blasphemy neither are these causes in respect of their owne quality and vature to bee distinguished one from another by the names of Spirituall or Temporall For why is adultery a spirituall cause rather then murther when they are both offences a like against the second table or idolatry rather then periury being both offences likewise against the first table And indeede if wee consider the natures of these causes it will seeme somewhat absurd that they are distinguished by the name of spirituall teÌ„porall for to speake properly that which is opposed to spirituall should be tearmed carnall And that which is opposed to temporall should be called eternall And therefore if things were called by their proper names adultery should not be called a spirituall offence but a carnall But shall I expresse plainely and breefely why these causes were first denominated some spirituall or Ecclesiasticall and others temporall and ciuill Truely they were so called not from the nature of the causes as I said before but from the quality of the persons whome the Prince had made iudges in those causes The Cleargie did study spirituall things and did professe to liue secundum spiritum and were called spirituall men and therefore they called the causes wherein Princes had giuen them iurisdiction spirituall causes after their owne name and qualitie But because the Lay magistrates were said to intend the things of this world which are temporall and transitory the Cleargie called them secular or temporall men and the causes wherein they were iudges temporall causes This distinction began first in the Court of Rome where the Cleargie hauing by this iurisdiction gotten great wealth their wealth begott pride their pride begott ingratitude towards Princes who first gaue them their iurisdiction then according to the nature of all vngratefull persons they went about to extinguish the memory of the benefit for whereas their iurisdiction was first deriued from Caesar in the execution whereof they were Caesars iudges so as both their Courts and causes ought still to haue borne Caesars image and superscription as belonging vnto Caesar They blotted Caesars name out of the style of their Courts and called them Courts Christian as if the Courts holden by other magistrates had beene in comparison but Courts of Ethnickes and the causes which in their nature were meerely Ciuill they called Spirituall and Ecclesiasticall So as if the Emperour should challenge his Courts and causes againe and say Reddite Caesarâ— quaesunt Caesaris they would all cry out on the contrarie part and say date Deo quaesunt Dei our courts beare the name and title of Christ the superscription of Caesar is quite worne out and not to be found vppon them And this point of their policy is worth the obseruing that when they found their iurisdiction in matrimoniall causes to be the most sweete and gainefull of all other for of Matrimony they made matter of money indeede to the end that Caesar might neuer resume so rich a perquisite of their spirituall iurisdiction they reduced Matrimony into the nuÌ„ber of the seuen Sacraments After which time it had beene sacriledge if the ciuill magistrate had intermedled with the least matter that had relation to Matrimony or any dependancy there vppon So then yet appeareth that all causes whereof Eccicsiasticall or spirituall persons haue cognisans or iurisdiction by the graunts or permission of Princes are called Ecclesiasticall or spirituall causes And as all their courts are called spirituall courts so all causes determinable in those courts are called spirituall causes And therefore where Maister Lalor hath acknowledged the Kings Maiestie to be Supreame gouernour in all Ecclesiasticall causes he hath therein acknowledged the Kings supremacy in all spirituall causes wherein he hath but reÌ„dered to Caesar but that which is Caesars and hath giuen vnto his Maiestie no more then all the Bishops of England haue yeelded to his predecessors not onely in this later age but also in former times both before and since the Conquest as hath beene before at large expressed Heere the daie being farre spent the Court demaunded of the prisoner if hee had any more to say for himselfe his answere was that he did willingly renounce his office of Vicar generall And did humbly craue his Maiesties grace and pardon And to that end he desired the Court to moue the Lord Deputie to bee fauorable vnto him Then the â—ury departed from the Barre and returning within halfe an houre found the prisoner guilty of the contempts whereof he was indicted Where vppon the Sollicitor generall moued the Court to proceed to iudgement And Sir Dominicke Sarsfield knight one of the Iustices of his Maiesties chiefe place gaue iudgement according to the forme of the statute where vppon the indictment was framed Printed at Dublin by Iohn Franckton printer to the Kings most excellent Maiesty for Ireland Anoo 1615.
in the other then the learned Counsell of eîther side may perhappes discerne the right from the wrong not before But then are the causes come to their Catastrophe the Counsellors Act their last part And yet vntill then the true state of the cause on both sides could not possibly bee discouered If then the causes that are prosecuted do for the most part hang in a doubtfull ballance vntill the hearing or triall thereof for if a cause bee vndoubtedly apparantly naught on the one side no man is so vnwise as to followe it to the end with the expence of money hazard of his credit how can it bee iustly said that the Counsellor against whose Client a decree or verdict doth passe hath wittingly defended an vniust cause when hee wist not how the ballance would incline vntill hee had made his vttermost defence howbeit if any of our Counsellors do either in the prosecution of their Clients causes giue sinister craftie Counsell or vppon the hearing or triall thereof make an ouer bold defence of any dishonest action our Iudges are so tender iealous of the honor of our profession as they lay a noate of Infamy vppon such persons so as they seldome or neuer after are permitted to rise to any higher degree in the lawe or any Office of trust in the common-wealth Whereby it commeth to passe that no men of any other calling or profession whatsoeuer are more carefull to preserue their good name reputation stand more precisely vppon their good behauiour then the learned professors of the common lawe And as our Iudges do discountenance bad Counsellors so doth our lawe abhorre the defence maintenance of bad causes more then any other lawe in the world besides For by what other lawe is vnlawfull maintenance champertie or buying of titles so seuerely punished By what othet lawe doth the plaintife pro falso clamore or vniust vexation or the defendant for pleading a false plea pay an amercement or fine to the publike Iustice And this is one cause among others why our lawe doth not allowe Counsell vnto such as are indicted of Treason Murder Rape or other capitall crimes So as neuer any Professor of the lawe of England hath beene knowne to defend for the matter of fact any Traytor Murderer Rauisher or Theefe being indicted prosecuted at the suite of the King Turpe reos empta miseros defendere lingua saieth the Poet therefore it is an honor vnto our lawe that it doth not suffer the Professors thereof to dishonor themselues as the Aduocats Orators in other countries do by defending such offendors For example whereof wee haue extant diuers Orations of Cicero one pro C. Rabirio perduellionis reo another pro Roscio Amerino who was accused of Parricide another pro Milone who was accused of Murder But good Lawyers haue not with vs that libertie which good Physitians haue For a good Physitian may lawfully vndertake the cure of a foule and desperate disease but a good Lawyer cannot honestly vndertake the defence of a foule desperate cause But if hee fortune to bee engaged in a cause which seeming honest in the beginning doth in the proceeding appeare to bee vniust he followeth the good Counsell of the Schooleman Thom. Aquinas 22. quaest 71. art 3. Aduocatus si in principio credidit causam iustam esse quae postea in processu appareat esse iniusta non debet eam prodere vt scilicet alteram partem iuuet reuelando causae suae secretas Potest tamen debet causam deserere vel eum cuius causam agit inducere ad cedendum siue ad componendum sine aduersarij da nno And thus I conceaue that the most common colourable exceptions which are taken against our lawe Lawyers may bee answered cleared by the plaine reasons demonstrations before expressed So as our Profession may stand bee iustified in all pointes against Ignorance Enuie ill-contented suitors who like cholerick Chesse-plaiers when they haue had a mate giuen them could finde in their harts to cast both the Chessebord Chessemen into the fier These vulgar errors being thus reuersed so as wee may truly say that there is no such vncerteinty in the rules of the lawe no such delay in the proceedings no such preuarication or corruption in the Professors thereof as it is by some vniustly pretended why may wee not proceed further affirme confidently that the profession of the lawe is to bee preferred before all other humane professions sciences as being most noble for the matter subiect thereof most necessary for the common continuall vse thereof most meritorious for the good effectes it doth produce in the common wealth For what is the matter subiect of our Profession but Iustice the Lady Queene of all morall vertues and what are our Professors of the lawe but her Counsellors her Secretaries her Interpretors her Seruants againe what is the King himselfe but the cleare fountaine of Iustice what are the Professors of the lawe but conduit pipes deriuing conueying the streames of his Iustice vnto all the subiects of his seuerall kingdomes so as if Iustice bee rightly resembled to the Sunne in the firmament in that shee spreadeth her light vertue vnto all creatures how can shee but communicate part of her goodnesse glory vnto that science that is her handmaid and waites vppon her And if Kings bee Gods schollers as Homer writeth that the rules of Iustice bee their principall lesson if God doe honor Kings with his owne name Dixi quod dij estis as a more diuine Poet then Homer singeth specially for that they sitt vppon Gods owne seate when they minister Iustice vnto the people do not Kings againe highly honor those persons whose subordinate ministrie seruice they vse in performing that principall part of their kingly office Vndoubtedly touching the aduancement of such persons Solomon the King speaketh that they shall stand before Kings God will sett them saieth Dauid with Princes euen with the Princes of his people Neither is this Profession ennobled in regard of the dignity of her imploiment onely but shee is to bee honored so much the more for the necessity continuall vse of her seruice in the common-weale For if wee must honor the Physitian propter necessitatem as the wise man prescribeth much more must wee honor for the same cause the professors ministers of the lawe For neither do all men at any time nor any one man at all times stand in neede of the Physition for they that are in health which are the greatest number of men non egent medico saieth the greate Physition of our soules our onely Aduocate which is in heauen But all men at all times in all places do stand in neede of Iustice of lawe which is the rule of Iustice of the interpreters ministers of the lawe which giue
n'oseront appeller leyes Ne committerent crimen laesae Maiestatis in Principes come Marsil Pat. ad bien observe libr. Defensor Pacis part 2. cap. 23. que dit auxi la que ceux Canons entant que sont fait per le Pape neque sunt humanae leges neque diuinae sed documenta quaedam narrationes Uncor quant il perceavoit que ceux Canons fueront receave allow vse en part per severall nations il compile eux en volumes appell eux Ius Canonicum ordaine que serront lyes expound en publik Schooles Universities come l'Imperiall ley fuit lie expound commaund que serront obey per touts Christians sur paine de excommunication contend sovent foits de metter eux en execution per coactive power assume sur luy de interpreter abrogater dispenser ove ceux leyes en touts les Realmes de Christendome a son pleasure i sint que les Canonists ascribont a luy cest prerogative Papa in omn bus pure positiuis in quibusdam ad ius diuinum pertinentibus dispensare potest quia dicitur omnia iura habere in scrinio pectoris sui quantum ad interpretationem dispensationem libr. 6. de Const cap. licet Pur le temps Anno. 25. Ed. 1. Simon vn Moigne de Walden commenâ—â—oit de lier le Canon ley en le University de Cambridge vid. Stow Walsingham en meime l'Au le Manusc libr. 6. Decretal en le Library Noui Coll. Oxon. ad cest inscription in fronte Anno Domini 1298. que fuit l'An 26. Edw. 1. 19. Nouembr in Ecclesia fratrum Praedicator Oxon. fuit facta publicatio lib. 6. Decretal per que appiert quant le Canon ley fuit introduce en Engleterre Mes le Irisdiction que le Pape per colour de ceo claimoit en Engleterre fuit vn meer vsurpation a quel les Royes D'engleterre de temps en temps fesoent opposition iusques al temps del Henr. 8. Et certes le Idgment del Parliament expresse en le Preamble de cest Statut de faculties est notable a cest purpose Ou est recite que l'Evesque de Rome ad deceave abuse les subiects del Corone D'engleterre Pretending and persuading to them that hee had full power to dispense with all humane lawes vses customes of all Realmes in all causes which bee called Spirituall which matter hath beene vsurped and practised by him and his predecessors for many yeares to the great derogation of the Imperiall Crowne of England For whereas the said Realme of England recognising no superior vnder God but the King hath beene yet is free from subiection to any mans lawes but onely to such as haue beene deuised made and ordained within this Realme for the wealth of the same or to such other as by sufferaÌ„ce of the King his progenitors the people of this Realme haue taken at their free libertie by their owne consent to bee vsed among them haue bound themselues by long vse custome to the obseruance of the same not as to the obseruance of the lawes of any forein Prince Potentate or Prelate but as to the accustomed auncient lawes of this Realme originally established as lawes of the same by the said sufferance consent custome not otherwise it standeth with naturall equity good reason that all such humane lawes made within this Realme or induced into this Realme by the said sufferance consent custome should bee dispensed with abrogated amplified or diminished by the King his Parliament or by such persons as the King Parliament should authorise c. vid. 21. H. 7. 4 a. ou est dit que certeine priests fueront deprive de lour benefices per Act de Parliament en temps R. 2. Per que fuit conclude que le Roy D'engleterre nemi le Pape devant le fesans de cest Statute de faculties puissoit de iure dispenser ove l'Ecclesiasticall ley en cest auters cases Car coment que plusors de nostre Ecclesiasticall leyes ont estre primerment devise en le Court de Rome vncor ceux esteant establish confirme en cest realme per acceptance vsage sont ore devenus English leyes ne serront amplius repute Romish Canons ou Constitutions Come Rebuffus parlant de regula Cancellariae Romanae de verisimili notitia haec regula dit il vbique in regno FraÌ„ciae est recepta est lex Regni effecta obseruatur tanquam lex regni non tanquam Papae regula Papa eam reuocare non potest Et pur ceo l'Ecclesiasticall ley que ordaine que quant home est create en Evesque que touts ses inferior benefices serront void est soventfoits dit en le Case del Evesque de S. Dauids 11. Henr. 4. destre l'auncient ley D'engleterre Et 29. Edw. 3. 44. a. en le Case del Praebend de Oxgate est dit que le constitution que ouste pluralities comenceoit en le Court de Rome vncor vn Esglise fuit adiudge void en Banke le Roy pur cel cause Per que appiert que depuis que cest Constitution fuit receave allow en Engleterre ceo fuit devenus ley D'engleterre vid. statutum de Bigamis cap. 5. ou le Roy son Counsell en Parliament declaroâ—t coment vn Canon fait en le Counsell de Lions serroit interpret expound De Bigamis quos Dominus Papa in Concilio suo Lugdunensi omni priuilegio suo Clericali priuauit per constitutionem inde editam vnde quidam Praelati illos qui effecti fuerunt Bigami ante praedictam constitutionem quando de felonia rectati fuerunt tanquam Clericos elegerunt sibi deliberandos concordatum est declaratum coram Rege Consilio quod constitutio ista intelligenda sit quod siue effecti fuerint Bigami ante praedictam constitutionem siue post de caetero non liberentur Praelatis sed fiat de ijs iustitia sicut de laicis Uncor touts les Ecclesiasticall leyes D'engleterre ne fueront dirive apprompt del Court de Rome Car long temps devant que le Canon ley fuit authorise publiâ—â— que fuit depuis le Norman Conquest come devant est moÌ„stre les auncient Royes D'engleterre viz. Edgar Athelstan Alfred Edw. le Confessor auters ont ove l'advise de lour Clergy deins le Realme fait divers ordinances pur le government del Esglise D'engleterre depuis le Conquest divers Provinciall Synodes ont estre tenus plusors constitutions on t estre fait en ambideux Realmes D'engleterre Ireland touts queux sont part de nostre Ecclesiasticall leyes a cest iour vid. le Chart. de William le Conquerour dat Anno Domini 1066. irrot 2. R. 2. enteries Charters in Archiu Turris London pro Decano
Breeue hee was constituted Vicar generall of the Sea of Rome and tooke vppon him the stile and title of vicar generall in the said seuerall dioceses 3 That hee did exercise Ecclesiasticall Iurisdiction as Vicar generall of the Sea of Rome by instituting diuers persons to benefices with cure of soules by graunting dispensations in causes Matrimoniall by pronouncing sentences of diuorce betwene diuers married persons and by doing all other actes and things pertayning to Episcopall iurisdiction within the said seuerall Dioceses against our Souerainge Lord the King his Crowne and dignitie Royall and in contempt of his Maiestie and disherison of his Crowne and contrary to the forme and effect of the statute c. To this inditement Lalor pleaded not guiltie and when the issue was to bee tried the name and reputation of the man and the nature of the cause drewe all the principall gentlemen both of the Pale and Prouinces that were in towne to the hearing of the matter At what time a substantiall lury of the Cittie of Dublin being sworne for the triall and the points of the Inditement being opened and set forth by the Kings Seriant the Atturney generall thought it not impertinent but very necessary before hee descended to the perticular enidence against the prisoner to informe and satisfie the hearers in two points Why Lalor was indited vppon the old statute of 16 R. 2. 1 What reason moued vs to grounde this inditement vppon the olde statute of 16 Richard 2. rather then vppon some other later lawe made since the time of King Henr. 8. 2 What were the true causes of the making of this lawe of 16. Rich. and other former lawes against Prouisors and such as did appeale to the Court of Rome in those times when both the Prince and people of England did for the most part acknowledge the Pope to be the thirteenth Apostle and only oracle in matters of Religion and did followe his doctrine in most of those points wherein wee now dissent from him 1 For the first poynt wee did purposely forbeare to proceede against him vppon any latter law to the end that such as were igâ—onorant might bee enformed that long before King Henr 8. was borne diuers lawes were made against the vsurpatâ—on of the Bishop of Rome vppon the rights of of the Crowne of England welny as sharpe and as seuere as any statutes which haue beene made in later times and that therefore wee made choyse to proceede vppon a lawe made more then 200. yeares past when the King the Lords and Commons which made the lawes and the Iudges which did interpret the lawes did for the most part follow the same opinions in Religion which were taught and held in the Court of Rome the treâ— causeof making the stattute of 〈◊〉 R 2 other statuts against pouisors 2 For the second poynt the causes that moued and almost enforced the English nation to make this and other statutes of the same nature were of the greatest importance that could possible arise in any state For these lawes were made to vphold and maintaine the Soueraingtie of the King the liberty of the people the common lawe and the common-weale which otherwise had beene vndermined and viterly ruined by the vsurpation of the Bishop of Rome For albeit the Kings of England were absolute Emperours within their Dominions and had vnder them as learned a Prelacie and Cleargie as valiant and prudent a Nobility as free and wealthy a Commonalty as any was then in Christendome yet if wee looke into the stories and records of these two Imperiall kingdomes wee shall finde that if these lawes of Prouision and Praemunire had not beene made they had lost the name of Imperiall and of Kingdomes too and had beene long since made Tributary Prouinces to the Bishop of Rome or rather part of S. Peters patrimony in demesne Our Kings had had their Scepters wrested out of their hands their Crownes spurned of from their heads their neckstrod vppon they had beene made Laquaies or footmen to the Bishop of Rome as some of the Emperours and French Kings were our Prelats had beene made his chaplaines and Clearks our Nobilitie his vassals and seruants our Commons his slaues and villaines if these Acts of manu-mission had not freed them In a word before the making of these Lawes the flourishing Crowne and Common-wealth of England was in extreame danger to haue beene brought into most miserable seruitude and slauery vnder collour of religion and deuotion to the Sea of Rome And this was not onely seene and felt by the King and much repined at and protested against by the Nobility but the Commons the generall multitude of the Subiects did exclame and crie out vppon it The statuts of praemunire made at praier of the commoÌ„s For the Commons of England may bee an example vnto all other Subiects in the world in this that they haue euer beene tender and sensible of the wrongs and dishonors offred vnto their Kings and haue euer contended to vphold and maintaine their honor and Soueraigntie And their faith and loyaltie hath beene generally such though euery age hath brought forth some particular monsters of disloyaltie as no pretence of zeale or religion cold euer withdrawe the greater part of the Subiects to submitt themselues to a foreine yoke no not when Popery was in her height and exaltation whereof this Act and diuers other of the same kinde are cleare and manifest testimonies For this Act of 16. Richard 2. was made at the prayer of the Commons which prayer they make not for themselues neither shew they their owne selfe loue therein as in other Bills which containe their greeuances but their loue and zeale to the King and his Crowne When after the Norman Conquest they importuned their Kings for the great Charter they sought their owne liberties and in other bills preferred commonly by the Commons against Shiriffs Escheators Purueyors or the like they seeke their owne profit and ease but heere their petition is to the King to make a lawe for the defence and maintenance of his owne honor The effect of the statut of 16. R. 2. cap. 5. They complaine that by Bulls and processes from Rome the King is depriued of that iurisdiction which belongeth of right to his Imperiall Crowne that the King doth loose the seruice and counsell of his Prelats and learned men by translations made by the Bishop of Rome That the Kings lawes are defeated at his will the Treasure of the Realme is exhausted and exported to enrich his Court and that by those meanes the Crowne of England which hath euer beene free and subiect vnto none but immediatly vnto God should be submitted vnto the Bishop of Rome to the vtter destruction of the King and the whole Realme which God defend say they and therevppon out of their exceeding zeale and feruencie they offer to liue and die with the king in defence of the liberties of the Crowne And
lastly they pray and require the King by way of Iustice to examine all the Lords in Parliament what they thought of these manifest wrongs and vsurpations and whether they would stand with the King in desence of his Royall liberties or no which the King did according to their petition and the Lords Spirituall and Temporall did all answere that these vsurpations of the Bishop of Rome were against the liberties of the Crowne and that they were all bound by their alleageance to stand with the King and to mantaine his honor and prerogatiue And therevppon it was enacted with a full consent of the three Estates that such as should purchase in the Court of Rome or elsewhere any Bulls or Processes or other things which might touch the King in his Crowne and dignitie Royall and such as should bring them into the Realme and such as should receaue them publish them or execute them they their Notaries Proctors Mantainors and Counsellors should bee all out of the Kings protection their lands and goods forfeited to the King their bodies attached if they might bee sound or else processe of Praemunire facias to bee awarded against them Vppon these motiues and with this affection and zeale of the people was the statute of 16. Rich 2 made wherevppon wee haue framed our inditement Now let vs looke higher and see whether the former lawes made by King Edw 3. and King Edw. 1. against the vsurpation of the Bishop of Rome were not grounded vppon the like cause and reason The effect of the statut of 38. Edw. 3 cap. 1. The statute of 38. Edw. 3. cap. 1. expressing the mischiefes that did arise by Bâ—â—eues of citation which drewe the bodies of the people and by Bulls of prouision and reseruation of Ecclesiasticall benefices which drewe the wealth of the Realme to the Court of Rome doth declare that by these meanes the auncient lawes customes and franchises of the Realme were consounded the Crowne of our Soueraigne Lord the King deminished and his person falsely defamed the Treasure and riches of the land carried away the Subiects of the Realme molested and impouerished the benefices of holy Church wasted and distroyed Diuine seruice Hospitalitie Almesdeeds and other workes of Charitie neglected The statute of 27. Ed. 3. cap. 1. Againe 27 Edw 3 cap. 1. vppon the greeuous and clamorous complaint for that phrase is there vsed of the great men and Commons touching Citations and Prouisions it is enacted that the offendors shall forfeit their lands goods and Chattels and their bodies bee imprisoned and ransomed at the Kings will The statute of 25 Ed. 3. reciting the statute of 25. Ed. 1 But in the statute of 25. Edw. 3. wherein the first lawe against Prouisors made 25. Edw. 1. is recited there is a larger declaration of these inconueniences then in the two last Actes before mentioned For there all the Commons of the Realme doe greuously complaine that where the holy Church of England was first founded in estate of Prelacio by the Kings and Nobilitie of that Realme and by them endowed with great possessions and reuenewes in lands rents and Aduowsons to the end the people might bee informed in Religion Hospitality might bee kept and other works of Charitie might bee exercised within the Realme And whereas the King and other founders of the said Prelacies were the rightfull Patrons and Adowees thereof and vppon avoydance of such Ecclesiasticall promotions had power to aduance therevnto their kinsemen friends and other learned men of the birth of that Realme which being so aduanced became able and worthy persons to serue the King in Counsell and other places in the Common-weale The Bishop of Rome vsurping the Seigniory of such possessions and benefices did giue and graunt the same to Aliens which did neuer dwell in England and to Cardinals which might not dwell there as if hee were rightfull Patron of those benefices whereas by the lawe of England hee neuer had right to the Patronage thereof whereby in short time all the spirituall promotions in the Realme would bee ingrossed into the hands of Strangers Canonicall Elections of Prelats would be abolished workes of Charity would cease the founders true PatroÌ„s of Churches would be disenherited the Kings Counsell would bee weak'ned the whole kingdome impouerished the lawes rights of the Realme destroyed Vppon this complaint it was resolued in Parliament that these oppressions greeuances should not be suffted in any manner thereore it was enacted that the King his Subiects should thenceforth enioy thei rights of Patronage that free elections of Archbishops Bishops and other Prelates electiue should bee made according to the auncient graunts of the Kings progenitors other founders that no Bulls of Prouision should be put in execution but that the Prouisors should be attached fined ransomed at the Kings will withall imprisoned till they had renounced the benefits of their Bulls satisfied the partie greeued and giuen suerties not to committ the like offence againe These lawes made by such as did professe the Romish Religion Nowe Maister Lalor what thinke you of these things did you beleeue that such lawes as these had beene made against the Pope 200. 250. 300. yeares since was King Henr. 8. the first Prince that opposed the Popes vsurped authority were our Protestants the first Subiects that euer complained of the Court of Rome of what Religion thinke you were the propoundors and enactors of these lawes were they good Catholikes or good Subiects or what were they You will not say they were Protestants for you will not admitt the reformed Religion to bee so auncient as those times neither can you say they were vndutiefull for they stroue to vpohold their liege Lords Soueraignety Doubtelesse the people in those daies did generally embrace the vulgar errours and superstitions of the Romish Church and in that respect were Papists as well as you but they had not learned the newe doctrine of the Popes Supremacie and transcendent authority ouer Kings They did not beleeue hee had power to depose Princes and discharge Subiects of their alleageance to abrogate the fundamentall lawes of kingdomes and to impose his Canons as binding lawes vppon all nations without their consents they thought it a good point of Religion to bee good Subiects to honor their King to loue their country and to mantaine the lawes and liberties thereof howsoeuer in other points they did eâ—re and were mislead with the Church of Rome So as now Maister Lalor you haue no excuse no euasion but your conscience must condemne you as well as the lawe since the lawemakers in all ages and all religious Papists and Protestants doe condemne you vnlesse you thinke your selfe wifer then all the Bishops that were then in England or all the Iudges who in those daies were learned in the Ciuill and Canon lawes as well as in the Common lawes of England Lawes against Proâ—isors made in Ireland But you being
and reestablished in the Sea of Canterbury the Bishoprickes of Salisbury and Hereford fell voyd which the King bestowed vppon two of his Chapleins But Anselme their Metropolitane did refuse to consecrate them so as the Archbishop of Yorke was faine to performe that Office who with the Chiefe of the English Cleargie stoode with the King and withstoode Anselme Herevppon the King requires him to doe his homage the Bishop denies it the King demaunds of him whether the patronage and inuestiture of all Bishoprickes were not his rightfull enheritance the Bishop said it was not his right bycause Pope Vrban had lately made a decree that no lay person should giue any Ecclesiasticall benefice This was the first question that euer was made touching the King of Englands right of patronage and donation of Bishoprickes within his dominions This new question caused many messages and ambassages to Rome Histor. Ioranalensis M. S in Archiu Rob. Cotton Eq. Aur. At last the King writes plainely to the Pope Notum habeat sanctitas vestra quod me viuente Deo auxiliante dignitates vsus regni nostri non minuentur si ego quod absit in tanta me deiâ—ctione ponerem magnates mei imo totius Anglia populus id nullo modo pateretur Besides William de Warrenast the Kings procurator in the Court of Rome told the Pope that the King would rather loose his kingdome then hee would loose the donation of Bishoprickes The Pope answered knowe you precisely Sir I speake it before God that for the redemption of my head I would nor suffer him to enjoy it After this Anselme being receaued into the Kings fauour in a Synod of the English Cleargie holden at London in the yeare 1107. a decree was made Cui annuit Rex Henricus saith Matth. Paris that from thenceforth nunquam per donationem Baculi Pastoralis vel annuli quisquam de Episcopatu vel Abbathia per Regem vel quanlibet laicam manum inuestiretur in Anglia In recompence whereof the Pope yeelded this fauour to the King that thenceforth no Legate should bee sent from the Popes side into England vnlesse the King required it and that the Archbishop of Canterbury for the time being should bee for euer Legatus natus and Anselme for the honor of his Sea obtained that the Archbishop of Canterbury should in all generall Councells sit at the Popes foote tanquam alterius orbis Papa Notwithstanding as the succeding Popes kept not their promise touching the sending of Legates so this selfe same King after the death of Anselme broke the decree touching the inuestiture of the Bishops For hee gaue the Archbishopricke of Canterbury to Rodolph Bishop of London saieth Matth. Paris Et illum per annulum Pastoralem baculum inuestiuit as before hee had inuested Willielmum Gifford in the Bishopricke of Winchester contra noui Concilij statuta as the same author reporteth In the time of King Stephen the Pope gained appeales to the Court of Rome The times of the next succeeding King Stephen were full of Ciuill dissentions which made the land welny waste so as Saint Peters successor could not take any fish in such troubled waters Yet during this Kings raigne they wonne that point of iurisdiction which they attempted to gett but failed thereof in the time of King William Ruffus namely that appeales might bee made to the Court of Rome For in a Synod at London summoned by Henr. Bishop of Winchester the Popes Legate it was decreed that appeales should bee made from Prouinciall Councells to the Pope before that time appellationes in vsu non erant saieth a Moncke of that time Donec Henricus Winton Episcopus malo suo dum Legatus esset crudeliter intrusit Thus did the Pope vsurp three maine points of iurisdiction vppon three seuerall Kings after the Conquest for of William Ruffus hee could winne nothing namely vppon the Conquerour the sending of Legates or Commissioners to heare and determine Ecclesiasticall causes vppon Henr. 1. the donation and inuestitures of Bishoprickes and other benefices vppon King Stephan the appeales to the Court of Rome In the time of King HeÌ„ry 2. the Pope claymed exemption of Clarkes from the secular power Now are wee come to king Henr. 2. in whose time they made a further encroachment vppon the Crowne whereby they endeauored to make him but halfe a king and to take away halfe his Subiects by exempting all Clarkes from secular power A breefe of â—h Beckets troubles or rather treasons Here vppon rose that long and great contention betweene King Henr. 2. and Thomas Becket which on Beckets behalfe may bee rightly termed rebellion and treason the iust cause and ground whereof was the same that made the late difference betweene the Pope and the Venetians For a priest had committed a fowle murder and being thereof indicted and conuicted prayed the benefit of his Cleargie which being allowed vnto him hee was deliuered to the Bishop of Salisbury being his ordinary to make his purgation which the murderer failing to doe should by the lawe haue beene degraded and deliuered backe to the secular power But the Bishop contemning the lawe of the land to enlarge the liberties of the Church sent his prisoner to Thomas Becket then Archbishop of Canterbury who shifted him into an Abbey and so rescued him for the capitall punishment hee had iustly deserued This gapp of impunitie being once opened the Cleargie grew so outragious as the King was enformed of a hundred murders committed by Clarkes and yet not one of them executed for the same for that the Archbishop had protected them all after the same manner For this the King was iustly incensed against the Archbishop who iustified his doing herein The constitutions of Claringdon Wherevppon a common counsell as well of the Bishops as of the Nobilitie was called wherein they did reuiue and reestablish the auncient lawes and customes of the kingdome for the gouernment of the Cleargie and ordering of causes Ecclesiasticall whereof these were the principall heads or articles 1 That no Bishop nor Clarke should depart the Realme without the Kings licence and that such as obtained licence should giue suerties that they should procure no hurt or domage to the King or Realme during their absence in forein parts 2 That all Bishoprickes and Abbeyes being voyd should remaine in the Kings hands as his owne demesnes vntill hee had chosen and appointed a Prelate therevnto and that euerie such Prelate should doe his homage to the King before hee were admitted vnto the place 3 That appeales should bee made in causes Ecclesiasticall in this manner from the Archedeacon to the Ordinary from the Ordinary to the Metropolitane from the Metropolitane to the King and no further 4 That Peter pence should bee paid no more to the Pope but to the King 5 That if any Clarke should committ felony hee should bee hanged if treason hee should bee drawne and quatered 6 That it should bee
adiudged high treason to bring in Bulls of Excommunication whereby the Realme should bee cursed 7 That no decree should bee brought from the Pope to bee executed in England vppon paine of imprisonment and confiscation of goods To these and other Constitutions of the like nature made at Claringdon all the rest of the Bishops and great men did subscribe and bound themselues by oath to obserue the same absolutly onely the Archbishop would not subscribe and sweare but with a Sauing saluosuo ordine bonore sancte Ecclesiâ— yet at last hee was content to make the like absolute subscription and oath as the rest had done but presently hee repented and to shewe his repentance suspended himselfe from celebrating Masse till he had receaued absolution from the Pope Then he began to maintaine and iustifie the exemption of Clarkes againe whereat the Kings displeasure was kindled a new and then the Archbishop once againe promised absolute obedience to the Kings lawes See the ficklenes mutability of your constant Martyr The King to bind fast this slippery Proteus called a Parliament of the Bishops and Barons and sending for the Roll of those lawes required all the Bishops to set their seales therevnto They all assented but the Archbishop who protested he would not set his seale nor giue allowance to those lawes The King being highly offended with his rebellious demeanor required the Barons in Parliament to giue Iudgement of him who being his subiect would not be ruled by his lawes Cito facite mihi iustitiam de illo qui homo meus ligeus est stare Iuri in Curia mearecusat Wherevppon the Barons proceeding against him being ready to condemne him I prohibit you quoth the Archbishop in the name of Almighty God to proceed against mee for I haue appealed to the Pope and so departed in contempt of that high Court Omnibus clamantibus saith Houenden quo progrederis proditor expecta audi iudicium tuum After this he lurked secretly neere the Sea shore and changing his apparell and name like a Iesuit of these times he tooke shipping with a purpose to flie to Rome but his passage being hindred by contrary windes hee was summoned to a Parliament at Northampton where he made default wilfully for which contempt his temporalties were seised and his body being attacht he was charged with so great an account to the King as that he was found in arreare thirty thousand markes and committed to prison whence hee found meanes to escape shortly after and to passe out of the Realme to Rome Hee was no sooner gone but the King sends writts to all the Shiriffs in England to attach the bodies of all such as made any appeales to the Court of Rome herevppon many messages and letters passing to froe all the suffragans of Canterbury ioyne in a letter to the Pope wherein they condemne the fugitiue Archbishop and iustifie the Kings proceedings Vppon this the Pope sends two Legates to the King being then in Normandy to mediate for the Archbishop They with the mediation of the French King preuailed so farre with King Henry as that he was pleased to accept his submission once againe and promised the King of France that if he would be obedient to his lawes he should enioy as ample liberties as any Archbishop of Canterbury euer had and so sent him into England with recommendation vnto the young King his Sonne then lately Crowned who hearing of his comming commaunded him to forbeare to come to his presence vntill he had absolued the Archbishop of Yorke others whome he had excommunicated for performing their duties at his Coronation The Archbishop returned answere that they had done him wrong in vsurping his office yet if they would take a solmne oath to become obedient to the Popes commaundement in all things concerning the Church he would absolute them The Bishops vnderstanding this protested they would neuer take that oath vnlesse the King willed them so to doe King Henry the father being hereof aduertised into France did rise into great passion and choler and in the hearing of some of his seruants vttered words to this effect Will no man reueng mee of mine enemies Wherevppon the foure Gentlemen named in the storyes of that time passed into England and first mouing the Archbishop to absolue the Bishops whome he had excommunicated for performing their duties at the young Kings Coronation and receauing a peremptory answere of deniall from the Archbishop they laid violent hands vppon him and slew him for which the King was faine not onely to suffer corporall pennance but in token of his humiliation to kisse the knee of the Popes Legate And this is the abridgement of Beckets troubles or rather treasons for which he was celebrated for so famous a Martyr Foure points of iurisdiction vsurped vppon the crowne of England by the Pope before the raigne of K. Iohn And thus you see by what degrees the Court of Rome did within the space of one hundred and odd yeares vsurpe vppon the Crowne of England foure points of Iurisdiction viz. First sending of Legats into England SecoÌ„dly drawing of appeales to the Court of Rome Thirdly donation of bishopricks and other Ecclesiasticall benefices and fourthly exemption of Clarkes from the secular power And you see withall how our Kings and Parliaments haue from time to time opposed and withstood this vniust vsurpation Now then the Bishop of Rome hauing claimed and welny recouered full and sole iurisdiction in all causes Ecclesiasticall and ouer all persons Ecclesiasticall with power to dispose of all Ecclesiasticall benefices in England whereby he had vppon the matter made an absolute conquest of more then halfe the kingdome for euerie one that could read the Psalme of Miserere was a Clarke the Cleargie possessed the moytie of all temporall possessions There remained now nothing to make him owner and proprietor of all but to geâ—â— a surrender of the Crowne and to make the King his Farmer and the people his Villaines which he fully accomplisht and brought to passe in the times of King Iohn and of Henr. 3. The cause of the quarrell betweene K. Iohn the Pope The quarrell betweene the Pope and King Iohn which wrested the Sceptor out of his hand and in the end brake his heart began about the election of the Archbishop of Canterbury I call it election and not donation or inuestiture for the manner of inuesting of Bishops by the Staffe and Ring after the time of King Henr. 1. was not any more vsed but by the Kings licence they were Canonically elected and being elected the King gaue his Roiall assent to their election and by restitution of their temporalties did fully inuest them And though this course of election began to be in vse in the time of Rich. 1. and Henr. 2. Yet I finde it not confirmed by any Constitution or Charter before the time of King Iohn who by his Charter dated the fifteenth of Ianuary in the
sixteenth yeare of his Raigne graunted this priuiledge to the Church of England in these words viz. Quod qualiscunque consuetudo temporibus praedecessorum â—ostrorum hactenus in Ecclesia Anglicana fuerit obsâ—râ—â—tâ— quidquid iuris nâ—bis hactenus vindicauerimus de caetero in vniuersis singulis Ecclesijs Monasterijs Cathedralibus Conuentualibus totius regni Angliae liberae sint in perpetuum electiones quorumcumque Praelatorum maâ—orum minorum When Câ—â—â—nicall election began first in England Salua nobis haerâ—dibus nostris custodia Ecclesiarum Monasteriorum vacantium quae â—d nos pertinent Promittimus etiam quod nec impediemus nec impediri permittemus per ministros nostros nec procurabimus quin in vniuâ—rsis singulis Monasterijs Ecclesijs postquaÌ„ vacaucrint praelaturae quemâ—â—que voluerint liberé sibi praeficiaÌ„â— electores Pastorum petita tamen à nobis prius haeredibus nostris licentia eligendi quam non denegabimus nec differemus Et similiter post celebratam electionem nosler requiratur assensus quem non denegabimus nisi aduersus â—andem rationale proposuerimus legitimè probauerimus propter quod non debemus consentire c. But to returne to the cause of his great quarell with the Pope The Sea of Canterbury being voyd the Monkes of Canterbury sudenly and secretly without the Kings licence elected one Reignold their Subprior to be Archbishop who immediatly posted away to be confirmed by the Pope But when hee came there the Pope reiected him bycause he came not recommended from the King Here vppon the Monkes made suite to the King to nominate some fitt person to whose election they might proceed The King commends Iohn Gray Bishop of Nâ—rwich his principall Counsellor who was afterward Lord Iustice of this kingdome who with a full consent was elected by them and afterwards admitted and fully inuested by the King These two elections bred such a controuersie as none might determine but the Pope who gaue a short rule in the Case for he pronounced both elections void and caused some of the Monkes of Canterbury who were theÌ„ present in the Court of Rome to proceed to the election of Stephan Langton lately made Cardinall at the motion and suite of the french King who being so elected was forthwith confirmed and consecrated by the Pope recommended to the King of England with a flattering letter and a present of foure Rings set with precious stones which were of great value estimation in those daies King Iohns round and Kingly letter to the Pope Howbeit the King more esteeming this Iewell of the Crowne namely the patronage of Bishoprickes returned a round and Kingly answere to the Pope that inconsideratly rashly he had cassed and made void the election of the Bishop of Norwich and had caused one Langton a man to him vnknowen and bred vp and nourish't amongst his mortall enemies to be coÌ„secrated Archbishop without any due forme of election and without his Roiall assent which was most of all requisite by the auncient lawes and customes of his Realme That he merueiled much that the Pope himself the whole Court of Rome did not consider what a precious account they ought to make of the King of Englands friendship in regard that his one kingdome did yeeld them more profit and reuenew then all the other countries on this side the Alpes To conclude he would maintaine the liberties of his Crowne to the death he would restraine all his subiects from going to Rome And since the Archbishops Bishops and other Prelates within his dominions were as learned and religious as any other in Christendome his subiects should bee iudged by them in Ecclesiasticall matters and should not need to runn out of their owne countrey to beg Iustice at the hands of strangers The Pope curseth the King interdicteth the realme But what followed vppon this The Pope after a sharpe replie sendeth forth a Bull of malediction against the King and of interdiction against the Realme whereby all the Churches in England were shut vp the priests and religious persons were forbidden to vse any Liturgies or diuine seruice to marry to bury or to performe any Christian duety among the people This put the King into such a rage that he on the other part seised the temporalties of all Bishops and Abbots and confiscated the goods of all the Cleargie Then doeth the Pope by a solemne sentence at Rome depose the King and by a Bull sent into England dischargeth his subiects of their allegeance and by a legate sent to the King of France gaue the kingdome of England to him and his successors for euer These things brought such confusion and miserie to all estates and degrees of people in England as the King became odious to all his subiects as well to the Laytie as to the Cleargie For as the Bishops and religious people cursed him abroad so the Barons tooke armes against him at home till with much bloudshed they forced him by graunting the great Charter to restore King Edwards lawes containing the aunâ—ient liberties of the subiects of England The Pope being a spectator of this Tragedy and seeing the King in so weake and desperate estate sent a Legate to comfort him and to make a reasonable motion vnto him to witt that hee should surrender and giue vp his Crowne and kingdome to the Pope which should bee regraunted vnto him againe to hold in Feefarme and vassallage of the Church of Rome And that therevppon the Pope would blesse him and his Realme againe and curse his rebells and enemies in such sort as he should be better establisht in his kingdome then he was before King Iohn sendeth his crowne to the Pope became his farmer In a word this motion was presently embraced by that miserable King so as with his owne hands hee gaue vp the Crowne to the Popes legate and by an instrument or Charter sealed with a Bull or seale of gold he graunted to God and and the Church of Rome the Apostles Peter and Paule and to Pope Innocent the third and his successors the whole kingdome of England and the whole kingdome of Ireland and tooke backe an estate thereof by an instrument sealed with Lead yeelding yearely to the Church of Rome ouer and aboue the Peter pence a thousand markes sterling viz. seuen hundred markes for England and three hundred markes for Ireland with a flattering sauing of all his liberties and Royalties The Pope had no sooner gotten this conueyance though it were void in law but he excommunicateth the Barons and repeales the great Charter affirming that it contained liberties too great for his subiects calls the King his vassall and these kingdomes Saint Peters patrimony graunts a generall Bull of Prouision for the bestowing of all Ecclesiasticall benefices takes vppon him to be absolute and immediate Lord of all And thus vnder colour of exercising iurisdiction within these kingdomes the Pope