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cause_n	case_n	court_n	party_n	1,537	5	7.2644	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A69901	England's independency upon the papal power historically and judicially stated by Sr. John Davis ... and by Sr. Edward Coke ... in two reports, selected from their greater volumes ; with a preface written by Sir John Pettus, Knight.	Davies, John, Sir, 1569-1626.; Coke, Edward, Sir, 1552-1634.; Pettus, John, Sir, 1613-1690.	1674 (1674)	Wing D397; ESTC R21289	68,482	102

that is to say the Archbishops Bishops and other Prelates being in the Parliament severally examined making protestations that it was not their mind to deny or affirm that the Bishop of Rome might not excommunicate Bishops nor that he might make Translation of Prelates after the Law of Holy Church answered and said That if any Executions or Processes in the King's Court as before were made by any and censures of Excommunications be made against any Bishop of England or any other of the King's liege people for that they had made execution of such commandments and that if any executions of such Translations be made of any Prelats of the same Realm which Prelats were very profitable and necessary to the King and to his said Realm or that his sage men of his Council without his assent and against his will be withdrawn and eloigned out of the Realm so that the substance and Treasury of the Realm might be destroyed that the same was against the King and his Crown as it was contained in the Petition before named And likewise the same Procurators every one by himself examined upon the said matters did answer and say in the name and for their Lords as the said Bishops had said and answered And that the said Lords Spiritual would and ought to stand with the King in these cases lawfully in maintaining of his Crown and in all other cases touching his Crown and his Regalty as they were bound by their Allegeance Whereupon the King by the assent aforesaid and at the prayer of his said Commons did ordain and establish That if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunication Bulls Instruments or any other things which touched the King their Lord against him his Crown and his Regalty or his Realm as is aforesaid and they which bring them within the Realm or them receive or make thereof notification or any other execution within the same Realm or without that they their notorious procurators maintainers fautors and counsellors should be put out of the King's protection and their lands and tenements goods and chattels forfeit to the King and they be attached by their bodies if they may be found and brought before the King and his Council there to answer to the cases aforesaid or that processe be made against them by Premunire facias as it is ordained in other Statutes of Provisors and others which do sue in any other Court in derogation of the Regalty of the King as by the said Act also appeareth In the Reign of King Henry the Fourth IT is resolved that the Pope's Collector though he have the Pope's Bulls for that purpose hath no Jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the King's Spirituall Judges By the ancient Laws Ecclesiasticall of this Realm no man could be convicted of Heresie being high Treason against the Almighty but by the Archbishop and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in their general Council of Convocation But the Statute 2 H. 4. cap. 15. doth give the Bishop in his Diocese power to condemn an Heretick And before that Statute he could not be committed to the Secular power to be burnt untill he had once abjured and was again relapsed to that or some other Heresie Whereby it appeareth that the King by consent of Parliament directed the proceedings in the Ecclesiasticall Court in case of Heresie and other matters more spirituall The Pope cannot alter the Laws of England The Judges say that the Statutes which restrain the Pope's Provisions to the Benefices of the advowsons of Spiritual men were made for that the Spiritualty durst not in their just cause say against the Pope's Provisions So as those Statutes were made but in affirmance of the Common Laws Excommunication made by the Pope is of no fore in England and the same being certified by the Pope into any Court in England ought not to be allowed neither is any Certificate of any Excommunication available in law but what is made by some Bishop of England for the Bishops are by the Common Laws the immediate Officers and Ministers of justice to the King's Courts in Causes Ecclesiasticall If any Bishop do excommunicate any person for a Cause that belongeth not unto him the King may write unto the Bishop and command him to assoil and absolve the party If any person of Religion obtain of the Bishop of Rome to be exempt from obedience Regular or ordinary he is in case of Premunire which is an offence as hath been said contra Regem Coronam Dignitatem suas The Commons did grievously complain to the King at the Parliament holden in the 6. year of H. 4. of the horrible mischiefs and damnable customes which then were introduct of new in the Court of Rome that no person Abbot or other should have provision of any Archbishoprick or Bishoprick which should be void till he had compounded with the Pope's Chamber to pay great and excessive sums of money as well for the First-fruits of the same Archbishoprick or Bishoprick as for the other lesse Services in the same Court and that the same sums or the greater part thereof be paid before hand which sums passed the treble or the double at the least of that that was accustomed of old time to be paid in the said Chamber and otherwise by the occasions of such Provisions whereby a great part of the Treasury of this Realm had been brought and carried to the said Court and also should be in time to come to the great impoverishing of the Archbishops and Bishops within the same Realm and elsewhere within the King's dominions if convenient remedy were not for the same provided The King to the honour of God as well to eschew the dammage of this Realm as the perils of their souls which owen to be advanced to any Archbishopricks and Bishopricks within the Realm of England and elsewhere within the King's dominions out of the same Realm by the advice and assent of the Great men of his Realm in the Parliament did ordain and establish That they and every of them that should pay to the said Chamber or otherwise for such Fruits and Services greater sums of mony then had been accustomed to be paid in old time past they and every of them should incur the forfeiture of as much as they may forfeit towards the King as by the said Act appeareth No person Religious or Secular of what estate or condition that he were by colour of any Bulls containing priviledges to be discharged of Tithes pertaining to Parish-churches Prebends Hospitals Vicarages purchased before the first year of King Richard the 2. or after and not executed should put in execution any

appeareth 11 H. 7.9 34 H. 6.14 c. And in Bunting and Leppingwells Case in the part of my Reports And this is the usual form of all the Sentences in their Ecclesiastical Courts And this very Point Tr. 23 Reginae Eliz. in this Court between Cheyney and Frankwell all the matter being found as this Case is by speciall verdict was adjudged As to the fourth Objection videlicet That the said Queen had onely power by force of the said Act to nominate Commissioners for Ecclesiasticall causes and therefore the foresaid Nomination not pursuing the authority given unto her by that Act should be void Hereunto a threefold Answer was given and resolved by the whole Court 1. That they which were Commissioners and had places of Judicature over the King's subjects should be intended to be Subjects born and not Aliens But if in veritie they were Aliens yet in respect of the general intendment to the contrary it ought to be alledged and proved by the other party For Stabilitur praesumptum donec probetur in contrarium 2. The Jurors have found that the Queen by her said Letters Patents did authorize them secundum formam Statuti praedicti and therefore it doth by necessary consequence amount to as much as if they had found they had been Subjects born For if they were not Subjects born they could not be authorized secundum formam Statuti praedicti Vide 11 H. 4.4 13 Eliz. Dyer fol. And the rather for that this is found by special verdict 3. It was resolved That the said Act of the first year of the said Queen concerning Ecclesiastical Jurisdiction was not a Statute introductory of a new Law but declaratory of the old which appeareth as well by the Title of the said Act videlicet An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual c. as also by the body of the Act in divers parts thereof For that Act doth not annex any Jurisdiction to the Crown but that which in truth was or of right ought to be by the ancient Laws of the Realm parcell of the King's Jurisdiction and united to his Imperial Crown and which lawfully had been or might be exercised within the Realm The end of which Jurisdiction and of all the proceeding thereupon was that all things might be done in causes Ecclesiasticall to the pleasure of almighty God the increase of vertue and the conservation of the peace and unity of this Realm as by divers parts of the said Act appeareth And therefore as by that Act no pretended Jurisdiction exercised within this Realm being either ungodly or repugnant to the Prerogative or the ancient Law of the Crown of this Realm was or could be restored to the same Crown according to the ancient right and Law of the same So if that Act of the first year of the said Queen had never been made it was resolved by all the Judges that the King or Queen of England for the time being may make such an Ecclesiasticall Commission as is before mentioned by the ancient Prerogative and Law of England And therefore by the ancient Laws of this Realm this Kingdome of England is an absolute Empire and Monarchy consisting of one Head which is the King and of a Body politick compact and compounded of many and almost infinite severall and yet well-agreeing members All which the Law divideth into two several parts that is to say the Clergie and the Laietie both of them next and immediately under God subject and obedient to the Head Also the Kingly Head of this politick Body is instituted and furnished with plenary and entire power Prerogative and Jurisdiction to render Justice and right to every part and member of this Body of what estate degree or calling soever in all Causes Ecclesiasticall or Temporal otherwise he should not be a Head of the whole Body And as in Temporal causes the King by the mouth of the Judges in his Courts of Justice doth judge and determine the same by the temporal Laws of England so in causes Ecclesiasticall and Spiritual as namely Blasphemy Apostasie from Christianity Heresies Schisms Ordering Admissions Institutions of Clerks Celebration of Divine service Rights of Matrimony Divorces general Bastardy subtraction and right of Tithes Oblations Obventions Dilapidations Reparation of Churches Probate of Testaments Administrations and accounts upon the same Simony Incests Fornications Adulteries Solicitation of Chastity Pentions Procurations Appeals in Ecclesiasticall causes Commutation of penance and others the conusance whereof belong not to the Common Laws of England the same are to be determined and decided by Ecclesiasticall Judges according to the King 's Ecclesiastical Laws of this Realm For as the Romans fetching divers Laws from Athens yet being approved and allowed by the State there called them notwithstanding Jus Civile Romanorum and as the Normans borrowing all or most of their Laws from England yet baptized them by the name of the Laws or Customes of Normandy So albeit the Kings of England derived their Ecclesiasticall Laws from others yet so many as were proved approved and allowed here by and with a general consent are aptly and rightly called The King 's Ecclesiasticall Laws of England which whosoever shall deny he denieth that the King hath full and plenary power to deliver Justice in all causes to all his subjects or to punish all crimes and offences within his Kingdome for that as before it appeareth the deciding of matters so many and of so great importance are not within the conusance of the Common Laws and consequently that the King is no compleat Monarch nor Head of the whole and entire Body of the Realm But to confirm those that hold the truth to satisfy such as being not instructed know not the ancient and modern Laws and Customes of England every man being perswaded as he is taught these few demonstrative proofs out of the Laws of England in stead of many in order serie temporum are here added KEnulphus Rex c. per Literas suas patentes consilio consensu Episcoporum Senatorum gentis suae largitus fuit Monasterio de Abnidon in Comitatu Bark ac cuidam Ruchnio tune Abbati Monasterii c. quandam ruris sui portionem id est quindecim Mansias in loco qui à Ruricelis tunc nuncupabatur Culnam cum omnibus utilitatibus ad eandem pertinentibus tam in magnis quam in modicis rebus in aeternam haereditatem Et quod praedictus Ruchnius c. ab omni Episcopali Jure in sempiternum esse quietus ut inhabitatores ejus nullius Episcopi aut suorum officialium jugo inde deprimantur sed in cunctis rerum eventibus discussionibus causarum Abbatis Monasterii praedicti decreto subjiciantur Ità quòd c. As by the said Charter pleaded in 1 Henr. 7. and vouched by Stamford at large appeareth which Charter granted above 850 years fithence was after confirmed per Edwinum

when such persons have been attainted for Felons have prayed for to have them delivered as Clerks which were made Bigamy before the same Constitution It is agreed and declared before the King and his Council that the same Constitution shall be understood in this wise That whether they were Bigamy before the same Constitution or after they shall not from henceforth be delivered to the Prelates but Justice shall be executed upon them as upon other Lay people In an Act made at a Parliament holden at Carlile in the 25. year of the said King Ed. the First it is declared That the Holy Church of England was founded in the state of Prelacy within this Realm of England by the King and his Progenitors c. for them to inform the people in the Law of God and to keep Hospitality give Alms and doe other works of Charity c. And the said Kings in times past were wont to have the Advice and Counsel for the safeguard of the Realm when they had need of such Prelates The and Clerks so advanced The Bishop of Rome usurping the Seigniories of such Benefices did give and grant the same Benefices to Aliens which did never dwell in England and to Cardinals which might not dwell here c. in adnullation of the state of the Holy Church of England disherison of the King Earls Barons and other Nobles of the Realm and in offence and destruction of the Laws and Rites of this Realm and against the good disposition and will of the first Founders It was enacted by the King by assent of all the Lords and Comminalty in full Parliament That the said Oppressions Grievances and Dammages in this Realm from thenceforth should not be suffered as more at large appeareth by that Act. In the Reign of King Edward the Second ALbeit by the Ordinance of Circumspectè agatis made in the 13. year of Edw. 1. and by general allowance and usage the Ecclesiasticall Court held plea of Tithes Obventions Oblations Mortuaries Redemptions of penance Laying of violent hands upon a Clerk Defamations c. yet did not the Clergy think themselves assured nor quiet from Prohibitions purchased by Subjects untill that King Edw. the 2. by his Letters Patents under the great Seal in and by consent of Parliament upon the Petitions of the Clergy had granted unto them to have Jurisdiction in those cases The King in a Parliament holden in the 9. year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royall Assent in these words We desiring as much as of right we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergy ratifying and approving all and singular the said Answers which appear in the said Act and all and singular things in the said Answers contained We do for us and our Heirs grant and command that the same be inviolably kept for ever Willing and granting for us and our Heirs That the said Prelates and Clergy and their Successors for ever do exercise Ecclesiasticall Jurisdiction in the premisses according to the tenour of the said Answer In the Reign of King Edward the Third AN Excommunication by the Archbishop albeit it be disannulled by the Pope or his Legates is to be allowed neither ought the Judges to give any allowance of any such Sentence of the Pope or his Legate It is often resolved that all the Bishopricks within England were founded by the King's Progenitors and therefore the Advowsons of them all belong to the King and at the first they were donative And that if an Incumbent of any Church with Cure die if the Patron present not within 6 months the Bishop of that Diocese ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of 6 months the Metropolitan of that Diocese shall confer one to that Church And if he also leave the Church destitute by the space of 6 months then the Common Law giveth to the King as to the Supreme within his own Kingdome and not to the Bishop of Rome power to provide a competent Pastor for that Church The King may not onely exempt any Ecclesiasticall person from the Jurisdiction of the Ordinary but may grant unto him Episcopal Jurisdiction As thus it appeareth there the King had done of ancient time to the Archdeacon of Richmond All Religious or Ecclesiasticall Houses whereof the King was Founder are by the King exempt from ordinary Jurisdiction and onely visitable and corrigible by the King 's Ecclesiasticall Commission The Abbot of Bury in Suffolk was exempted fron Episcopall Jurisdiction by the King's Charter The King presented to a Benefice and his Presentee was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetuall imprisonment c. Tithes arising in places out of any Parish the King shall have for that he having the Supreme Ecclesiasticall Jurisdiction is bound to provide a sufficient Pastor that shall have the Cure of souls of that place which is not within any Parish And by the Common Laws of England it is evident that no man unlesse he be Ecclesiasticall or have Ecclesiasticall Jurisdiction can have inheritance of Tithes The King shall present to his free Chappels in default of the Dean by Lapse in respect of his Supreme Ecclesiasticall Jurisdiction And Fitzherbert saith that the King in that case doth present by Lapse as Ordinarie An Excommunication under the Pope's Bull is of no force to disable any man within England And the Judges said that he that pleadeth such Bulls though they concern the Excommunication of a Subject were in a hard case if the King would extend his justice against him If Excommunication being the extreme and final end of any Suit in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common Laws of England no Suit for any Cause though it be spiritual rising within this Realm ought to be determined in the Court of Rome Quia frustrà expectatur eventus cujus effectus nullus sequitur And that the Bishops of England are the immediate Officers and Ministers to the King's Courts In an Attachment upon a Prohibition the Defendant pleaded the Pope's Bull of Excommunication of the Plaintif The Judges demanded of the Defendant if he had not the Certificate of some Bishop within the Realm testifying this Excommunication To whom the Counsell of the Defendant answered that he had not neither was it as they supposed necessarie for that the Bulls of the Pope under Lead were notorious enough But it was adjudged that they were not sufficiet for that the Court ought not to ave regard to

and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious men being within the bounds of their Jurisdiction as shall be convicted afore them by examination and lawfull proof requisite by the law of the Church of Advoutrie Fornication Incest or any other fleshly Incontinency by committing them to ward and prison there to abide for such time as shall be thought to their discretions convenient for the quality and quantity of their trespass And that none of the said Archbishops Bishops or Ordinaries aforesaid be thereof chargeable of to or upon any action of false or wrongfull imprisonment but that they be utterly thereof discharged in any of the cases aforesaid by virtue of this Act. Rex est persona mixta because he hath both Ecclesiastical and Temporal Jurisdiction By the Ecclesiastical Laws allowed within this Realm a Priest cannot have two Benefices nor can a Bastard be a Priest but the King may by his Ecclesiasticall power and Jurisdiction dispense with both of these because they be mala prohibita and not mala per se In the Reign of King Henry the Eighth BY an Act of Parliament made in the 24. year of King Henry the 8. that is to say by the King 24 Bishops 29 Abbots and Priors for so many were then Lords of Parliament by all the Lords Temporal and the Commons in that Parliament assembled it is declared That where by divers sundry old authentick Histories and Chronicles it was manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal estate of the Imperial Crown of the same unto whom a Body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty been bound and ought to bear next to God a natural and humble obedience he being also institute and furnished by the goodness and furtherance of Almighty God with plenary whole and entire Power Preheminence Authority Prerogative and Jurisdiction to render and yield Justice and final determination to all manner of folk resiants or subjects within this his Realm in all causes matters debates and contentions happening to occur insurge or begin within the limits thereof without restraint or provocation to any forrein Princes or Potentates of the world The Body Spiritual whereof having power when any cause of the Law Divine happened to come in question or of Spiritual learning that it was declared interpreted and shewed by that part of the said Body politick called the Spiritualty then being usually called the English Church which alwaies had been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it had been always thought and was also at that hour sufficient and meet of it self without the intermeddling of any exteriour person or persons to declare and determine all such doubts and to administer all such offices and duties as to the rank spiritual did appertain For the due administration whereof and to keep them from corruption and sinister affection the King 's most noble Progenitors and the antecessors of the Nobles of this Realm did sufficiently indow the said Church both with honour and possessions And the Laws Temporal for trial of property of lands and goods and for the conservation of the people of this Realm in unity and peace without ravine or spoil was administred adjudged and executed by sundry Judges and Ministers of the other part of the said Body politick called the Temporaltie And both their Authorities and Jurisdictions did conjoyn together in the due administration of Justice the one to help the other And whereas the King his most noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time King Edward the 1. Edward the 3. Richard the 2. Henry the 4. and other noble Kings of this Realm made sundry Ordinances Laws Statutes and Provisions for the entire and sure conservation of the Prerogatives Liberties and Preheminences of the said Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoiance as well of the See of Rome as from the authority of other forrein Potentates attempting the diminution or violation thereof as often and from time to time as any such annoiance or attempt might be known or espied And notwithstanding the said good Statutes and Ordinances made in the time of the King 's most noble Progenitors in preservation of the Authority and Prerogative of the said Imperiall Crown as is aforesaid yet nevertheless fithence the making of the said good Statutes and Ordinances divers and sundry inconveniences and dangers not provided for plainly by the said former Acts Statutes and Ordinances have risen and sprung by reason of Appeals sued out of this Realm to the See of Rome in causes Testamentary causes of Matrimony and Divorces right of Tithes Oblations and Obventions not onely to the great inquietation vexation trouble costs and charges of the King's Highness and many of his subjects and resiants in this his Realm but also to the great delay and lett to the true and speedy determination of the said causes forasmuch as the parties appealing to the said Court of Rome most commonly did the same for delay of Justice and forasmuch as the great distance of way was so far out of this Realm that neither the necessary proofs nor the true knowledge of the cause could be so well known or the witnesses there so well examined as within this Realm so that the parties grieved by means of the said Appeals were most times without remedy In consideration thereof the King his Nobles and Commons considering the great enormities dammages long delaies and hurts that as well to his Highness as to his said Noble subjects Commons and resiants of this his Realm in the said causes Testamentary causes of Matrimony and Divorces Tithes Oblations and Obventions did daily ensue did therefore by his Royall assent and by the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by Authority of the same enact establish and ordain That all causes Testamentary causes of Matrimony and Divorces rights of Tithes Oblations and Obventions the knowledge whereof by the goodness of Princes of this Realm and by the Laws and Customes of the same appertained to the Spiritual Jurisdiction of this Realm then already commenced moved depending being happening or hereafter coming in contention debate or question within this Realm or within any of the King's dominions or Marches of the same or elsewhere whether they concern the King his Heirs or Successors or any other subjects or resiants within this Realm of what degree soever they be should be from thenceforth heard examined discussed clearly finally and definitively adjudged and determined within the King's Jurisdiction and

Subjects to live that perswaded his Subjects that he was no lawfull King and practised with them within the heart of this Realm to withdraw them from their Allegeance and Loyalty to their Sovereign the same being crimen laesae Majestatis by the ancient Laws of this Realm BY this and by all the Records of the Indictments it appeareth that these Jesuites and Priests are not condemned and executed for their Priesthood and Profession but for their treasonable and damnable Perswasions and Practices against the Crowns and Dignities of Monarchs and absolute Princes who hold their Kingdoms and Dominions by lawful Succession and by inherent Birth-right and descent of inheritance according to the fundamental Laws of this Realm immediately of Almighty God and are not Tenants of their Kingdomes as they would have it at the will and pleasure of any forrein Potentate whatsoever Now albeit the proceedings and process in the Ecclesiastical Courts be in the name of the Bishops c. it followeth not therefore that either the Court is not the King 's or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lord's name and yet it is the King's Court and all the proceedings therein are directed by the King's Laws and many subjects in England have and hold Courts of Record and other Courts and yet all their proceedings be according to the King's Laws and the Customes of the Realm Observe good Reader seeing that the determination of Heresies Schisms and Errours in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Discents and Inheritances of probate of Testaments and letters of Administration without which no debt or dutie due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick authority authorize Ecclesiasticall Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the King's Laws Ecclesiastical Which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdome to all their Subjects and in all Causes 2. That the Kings of England should be furnished upon all occasions either forrein or domestical with learned Professors as well of the Ecclesiasticall as Temporall Laws THus hath it appeared as well by the ancient Common Laws of this Realm by the Resolutions and Judgements of the Judges and Sages of the Laws of England in all succession of ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdome of England is an absolute Monarchy and that the King is the onely Supreme Governour as well over Ecclesiasticall persons and in Ecclesiastical causes as Temporal within this Realm to the due observation of which Laws both the King and the Subject are sworn I have herein cited the very words and texts of the Laws Resolutions Judgements and Acts of Parliament all publick and in print without any inference argument or amplification and have particularly quoted the books years leaves chapters and such like certain references as every man may at his pleasure see and reade the Authorities herein cited This Case is reported in the English and Latine tongues as some other Writers of the Law have done to the end that my dear Countrymen may be acquainted with the Laws of this Realm their own Birth-right and inheritance and with such evidences as of right belong to the same assuring my self that no wise or true-hearted English-man that hath been perswaded before he was instructed will refuse to be instructed in the truth which he may see with his own eyes lest he should be disswaded from errour wherewith blindfold he hath been deceived For miserable is his case and worthy of pity that hath been perswaded before he was instructed and now will refuse to be instructed because he will not be perswaded FINIS Of what quality and credit Robert Lalor was His apprehension and first examination His first inditement and conviction His second examination His confession or acknowledgement The Inditement of Lalor upon the stat of 16 Ric. 2. The true cause of making the Statute of 16 R. 2. and other Statutes against Provisors The Statute of Praemunire made at the prayer of the Commons The effect of the Statute of 16 R. 2. c. 5. The effect of the Statute of 38 Edw. 3. cap. 1. The Statute of 27 Ed. 3. cap. 1. The Statute of 25 Edw. 3. reciting the Statute of 25 Ed. 1. These Laws made by such as did professe the Romish Religion Laws against Provisors made in Ireland When the Pope began first to usurp upon the liberties of the Cr●wn of England A comparison of the spiritual Monarchy of the Church with the temporal Monarchies of the world The Pope had no jurisdiction in England in the time of the Britans The first usurpation of the Pope upon the Crown began in the time of King William the Conquerour By sending Legates into England In the time of William Rufus the Pope attempted to draw Appeals to Rome but prevailed not In the time of K. Henry the first the Pope usurpeth the donation of Bishoprikks c. Histor Jornalensis M S. in Archiv Rob. Cotton Eq. Aur. In the time of King Stephen the Pope gained Appeals to the Court of Rome In the time of K. Henry 2. the Pope claimed exemption of Clerks from the Secular power A brief of Th. Becket's troubles or rather treasons The Constitutions of Claringdon Four points of jurisdiction usurped upon the crown of England by the Pope before the reign of K. John The cause of the quarrell between K. John and the Pope When Canonical election began first in England King John's round and Kingly Letter to the Pope The Pope curseth the King and interdicteth the Realm King Edw. 1. opp●seth the Pope's Vsurpation E. 2. suffereth the Pope to usurp again E. 3. resisteth the Vsurpation of the Pope King Rich. 2. The Evidence against Lalor Lalor's Confession publickly read When the distinction of Ecclesiasticall Spirituall causes from Civil and Temporal causes began in the world Caudrey's Case The objections of the Counsell of the Plaintif 1. 2. 3. 4. The resolutions of the Court to the 1. and 2. To the 3. To the 4. What causes belong to the Ecclesiasticall Court. see Circumspectè agatis 13 E. 1. W. 2. 13 E. 1. cap. 5. versus finem Artic. cleri 9 E. 2. 15 E. 3. c. 6.31 E. 3. cap. 11.2 H. 5. c. 7.1 H. 7. cap. 4.23 H. 8. cap.