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.
change en cest point per reason quant il est endow a luy ses successors perpetualment Et ceo fuit le substance des arguments ex vtraque parte fait en cest Case Car nul Idgement est vncor 〈◊〉 one en ceo I Atturney generall Bolton Recorder de Dublin Oliuer Eustace â—e Ciuilian suero â—t a Counsell le oâ—e Clark del Roy William Talbot â—ames Briuer Iohn Haly Doctor del Ciuil ley ove les defendants Hill 4. Iacobi The Case of Praemunire or The Conuiction and Attainder of Robert Lalor Priest being endited vppon the statute of 16. Rich. 2. cap 5. Of what quality credit Robert Lalor was THis Robert Lalor being a Natiue of this Kingdome receaued his Orders of priesthood aboue 30 years since at the haÌ„ds of one Richard Brady to whome the Pope had giuen the title of Bishop of Kilmore in Vâ—ster for the space of twenty yeares together his authority and credit was not 〈◊〉 within the Prouince of Leinster Hee had also made his name knowen in the Court of Rome held intelligence with the Cardinall who was Protector of this nation by meanes whereof hee obtained the title and iurisdiction of Vicar generall of the Sea Apostolike within the Archbyshopricke of Dublin and the Pyshopricks of Kildare and Fernes This pretended iurisdiction extending welny ouer all the Prouince of â—einster hee exercised boldly and securely many yeares together vntill the proclamation was published whereby all Iesuites and Priests ordained by forreine authority were commaunded to depart out of this kingdome by a certaine time prefixed After which time hee began to lurke to change his name howbeit at last he was apprehended in Dublin and committed to prison in the Castle there His apprehension and first examsnation Vppon his first examination taken by the Lord Deputie himselfe hee acknowledged that hee was a Priest and ordained by a popish Titulari Bishop that hee had accepted the title and Office of the Popes Vicar generall in the. 3. Dioceses before named and had exercised spirituall iurisdiction in foro conscientia and in sundry other points hee maintained and iusti fied the Popes authority onely hee said hee was of opinion that the Pope had no power to excommunicate or depose his Maiestie because the King is not of the Popes Religion His first in â—â—…ment conuiction The next terme after hee was indicted vppon the statute of 2. Eliz. enacted in this Realme against such as should wilfullie and aduisedly maintaine and vphould the iurisdiction of any foreine Prince or Prelat in any Causes Ecclesiasticall or Ciuill within this Realme By which statute the first offence of that kind is punished with losse of goods and one yeares imprisonment the second offence incurreth the penaltie of the Praemunire And the third offence is made high Treason Vppon this Indictment hee was arrained conuicted and condemned and so rested in prison during the next two Tearmes without any further question His second examination He then made peticion vnto the Lord Deputie to be set at libertie wherevppon his Lordship caused him to be examined by Sir Olliuer Seint Iohn Sir Iames Fullerton Sit Iefferie Fenton the Atturney Solicitor generall At first he made some euasiue and indirect aunsweres but at last voluntarily and freely he made this ensuing acknowledgement or confession which being set downe in writing word for word as hee made it was aduisedly read by him and subscribed with his owne hand and with the hands of those who tooke his examination and afterwards hee confirmed it by his oath before the Lord Deputie and Connsell The confession or acknowledgement of Robert Lalor Priest made the 22. of December 1606. His confession or acknowledgement FIrst hee doth acknowledge that hee is not a lawfull Vicar generall in the Dioceses of Dublin Kildare and Fernes and thinketh in his conscience that hee cannot lawfully take vppon him the said Office Item hee doth acknowledge our Soueraigne Lord King Iames that now is to bee his lawfull cheefe and Supreme gouernour in all causes as well Ecclesiasticall as Ciuill and that hee â—is bound in conscience to obey him in all the said causes and that neither the Pope nor any other forreine Prelate Prince or Potentate hath any power to controll the King in any cause Ecclesiasticall or Ciuill within this kingdome or any of his Maiesties Dominions Item he doth in his conscience beleeue that all Bishops ordained and made by the Kings authority within any of his Dominions are lawfull Bishops and that no Bishop made by the Pope or by any authority deriued from the Pope within the Kings Dominions hath any power or authority to impugne disanull or controll any Act done by any Bishop made by his Maiesties authority as aforesaid Item he professeth himselfe willing and ready to obey the King as a good and obedient Subiect ought to doe in all his lawfull commaundements either concerning his function of priesthood or any other duty belonging to a good subiect After this confession made the State heere had no purpose to proceed against him seuerely either for his contempt of the proclamation or offence against the law So as hee had more liberty then before and many of his friends had accesse vnto him who telling him what thy heard of his confession hee protested vnto them that hee had onely acknowledged the Kings Ciuill and Temporall power without any confession or admittance of his authority in spirituall causes This being reported vnto the Lord Deputie by sundry gentlemen who gaue faith vnto what hee said his Lordship thought sitt that since hee had incurred the paine of Praemunire by exercising Episcopall iurisdiction as Vicar generall to the Pope that hee should bee attainted of that offence as well to make him an example to others of his profession for almost in euerie Dioces of this kingdome there is a Titulary Bishop ordained by the Pope as also that at the time of his triall a iust occasion might bee taken to publish the confession and acknowledgment which hee had voluntarily made signed and confirmed by oath before the Lord Deputie and Counsell who haue likewise subscribed their names as witnesles thereof The inditement of Lalor vpon the statut of 16 Rich. 2. Heerevppon in Hillary Tearme 4 Iacobi an inditement was framed against him in the Kings Bench vppon the statute of 16. Rich. 2. cap. 5. containing these seuerall points 1 That he had receaued a Bull or Breefe purchased or procured in the Court of Rome which Bull or Breeue did touch or concerne the Kings Crowne and dignitie Royall conteining a Commission of Authoritie from the Pope of Rome vnto Richard Brady and Dauid Magragh to constitute a Vicar generall for the Sea of Rome by the name of the Sea Apostolike in the seuerall Dioceses of Dublin Kildare and Fernes within this Kingdome of Ireland 2 That by pretext or collour of that Bull or
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
en non certeine certum est que franektenement passa mes quant al Roy il nest pas issint car si il done terre oâ— tenement per le manner il navera forsque a volunt Accordant a cest opinion de Thorp fuit tenus pur ley in Camera Stellata 1. Mar. Dier 100. a. que si la Royne per sa Charter graunt terre probis hominibus villae de Islington sans dire habendum eijs haeredibus vel sucessoribus suis rendant Renâ— que ceo est bon Corporation a cest entent mes que ils ne sont forsque tenants a volunt del terre Vid. 5. Edw. 4. 8. b. le Case del Garter Roy des Heraulds ou cest office fuit graunt al vn sans limitation del estate est tenus que il fuit Officer a volunt del Roy. Donques si Turnor fuit Deane forsque a volunt del Royne el ad determin sa volunt per sa second graunt fait al Campion pur ceo que cest second graunt fuit a comencer in praesenti ne besoigne de signifier le determination de sa volunt per expresse parols come est tenus 1. 2. Phil. Mar. Dier 107. en le Case del Almoner en le Case de Alton woods cite devant fol. 50. a. Et ceo appiert auxi per le Idgement del Parliament en l'Act de 6. Henr. 8. cap. 15. que provide que le second patent recitera le primer patent fait per la Royne durante beneplacito auterment le primer ne serroit void come fuit per la ley devant le fesans del dit Act. Mes cest Act nest en force icy SEcondment fuit obiect que admitt que le graunt fait al Turnor serroit bon durant son vie vncor il fuit depriue per le sentence del Evesque per que le Deanry deveignoit void devant le second graunt fait al Campion quel sentence de depriuation coment que le Deanry soit Donative per letters patents del Roy nest void mes estoit en force tantque soit revers per appeal Car vn Deanry est spirituall dignity come 〈◊〉 tenus en Goodmans Case 10. Eliz Dier 273. Et l'Evesque per common entendment ad Ordinary Irisdiction sur touts Ecclesiasticall causes deins son Diocese coment que il ad committ contempt en visiting le Donative del Roy en donant le sentence del depriuation come Barlow Evesque de Bath encurroit le penalty de praemunire en teil Case Brook Praemunire 21. vncor la sentence nest void Et a cest entent est le difference prise per Parning 13. Ass p. 2. que si home ad nosme de dignity soit ouste per celuy que ad colour de luy ouster de sa dignity come per Ordinary mesque ceo soit per depriuation â—ent due la il covient suer d'aver restitution de sa dignity devant que il poâ—t suer per cest nosine aliter est sil soit ouste per auter Et accordant a ceo est l'opinion de Herle Scroope 8. Ass p. 21. vid. auxi le Case de Vere Ieffreys en le 5. part des Reports de le Seignior Cooke fol. 30. a. TIercement fuit obiect que le Confirmation fait en teil manner come est trove per le verdict est assetts bon Car primerment le Deane poet bien doner son assent fixer le seale del Chapter per proctor ou substitute serra cy avayable come s'il ad estre personally present Qui per alium facit per seipsum facere videtur Et issint les Barons en Parliament donont lour assent per lour Proxies Et coment que cest very point soit fait vn question 3. 4. Philip. Mar. Dier 145. b. ou Evesque ad graunt fee farme de terre que il en droit de son Evesquery Confirmation suit fait per Decanum Capitulum absente Decano in remotis sed praesente Praesidente Decani quem per simplex verbum Decanus constituit suum locum tenentem tradidit ei claues suas vna cum voce autoritate Decani hoc intratur in registro iuxta antiquam consuetudinem Si le successor poet avoider cest graunt fuit move coram iusticiarijs c. Coment que lour resolution en cest point ne appiert vncor appiert que fuit vn auncient custome que le Deane puissoit fair vn substitute en teux cases si tiel custome ad estre vse les acts fait per teil substitute serront bon avayleable en ley purle reason mise en â—e Case de Corporations en le 4. part des Reports de le Sâ—igoior Cooke fol. 77. b. Auxi le Confirmation est assets bon coment que les par-particular prebends queux fesoent le greinder part del Chapter ont done lour assents al severall â—ours Car sicome en fesans de lour common acts ils ne sont lies al ascun lieu certeine come a lour Chapter-house car chescun lieu en queux ils voylont assembler pur fair lour common acts est bon Chapter-house 21. Edw 26. 9. Edw. 4. 39. 14 Henr. 6. 16 Issint ils ne sout lyes al ascun Temps certeine pur doner â—our consents Mes si lour consent appiert pre teil demonstration que la ley require cest sufficient Et quel demonstration est ceo certes le fixing de lour Common seale 14. Henr. 6. 17. a. car la est dit que le fixing del seale monstre lour agreement la Paston dit coment poet lour assent estre mieux prove que per â—ensealer de lour common Seale vid. 4. Edw. 2. fitz obligation 16. Et coment que ils expressont lour assents al severall iours per paâ—ol ou signature vncor le sixing del Seale vnite les several assents fait vn ioynt assent de touts Et le fait d'un Corporation ne besoigne delivery come le fait d'un naturall person mes l'apposition del common Seale done perfection a ceo solement Auxi en plusors Cases assent apres vn act fait â—onera force a ceo come Atturnament done force al graunt de reversion fait devant si disseisin soit fait al vse de IS son agreement apres faira luy disseisor sicome il ad estre present al temps del committing de le disseisin 37. Ass p. 8. 38. Ass p. 9. MEs d'auter part fuit respond per le Counsell del plaintife resolve per le Court primerment que le done ou graunt de le Deanry de Fernes fait per la Royne Eliz. al Turnor sans limitation d'ascun estate en ceo fuit bon que il ad cy large estate en cest Deaury per cest graunt come ascun Deane que est Electiue poet aver en son Deanry que il ad per
de Seignior Deputy fuit register enter les Acts del Counsell mes la cest prouision fuit ad a ceo que si ascun de les meere Irish ad possesse enioy ascun portion de terre per cest custome de Irish Gauelkind devant le commencement del Raigne de nostre Seignior le Roy que ore est que il ne serroit disturbe en son possession mes serroit continew establish en ceo Mes que apres le commencement de sa Maiesties Raigne touts tiels terres serront adiudge de discender ales heires per la common ley lerront dehors en avant possesse enioy accordant Mich. 9. Iacobi En le Court de Castlechamber Le course del Triall de Legitimation Bastardy VN information fuit exhibit en le Castle Chamber envers le Evesque de K. C. B. auters queux per practise combination enter eux per vndue course de proceeding out endeavour de prover le dit C. B. que fuit tout temps devant reputed vn bastard desire le legitimate fitz heire de G. B. esquier al deherison defamation del E. B. que fuit la sole file heire del dit G. B. Et sur le Dier de cest cause le Case appieroit destre tiel Environ 26. ans devant le bill exhibit le dit G. B. ad issue le dit C. B. sur le corps d'un Irrois Damosel la quel durant la vie de G. B. ne fuit repute sa feme mes sa concubine le dit C. B. pur tout le temps avantdit fuit solement accept pur le naturall fitz de G. B. Mes nemi pur legimate Apres ceo viz. 16. ans depuis la naissance de C. B. sa Mere esteant en pleine vie G. B. prist al femme vn dame de bonne estate reputation ove l'assent de ses Amâ—es ad issue per luy la dit E. B. morust Apres la mort del dit G. B. C. B. son reputed fitz ne sa Mere que est vncor en vie â—e parlont riens per le space de 9. ans mes ore tard ils ont practise combine ove le dit Evesque de K. esteant de lour consanguinity ove plusors auters de prover le legitimation del dit C. B. per vn irregular vndue course al entent de bastardise desenherit le dit E. B. Accordant a quel practise combination l'Evesque sans ascun suit comence ou moue en ascun temporall Court del Roy ou ascun breefe direct a luy de certifier Bastardy ou legitimation en cest Case que plus est sans ascun â—â—bell exhibit en son Ecclesiasticall Court touchant cest matter de son teste demesne privatement nemi conuocatis conuocandis 9. ans apres le mort del dit G B. prist dispositious de plusors â—esmoignes a prover que le dit G. B. 29. ans devant ad loialment marry prist al feme la dit Irrois Damosell Mere del dit C. B. Et que le dit C. B. fuit le legitimate fitz heire del dit G. B. Et ceux depositions issint prises le dit Evesque causast destre engrosse reduce en forme de vn solemne Act aâ—ant mise son signature Seale a cest Instrument deliver ceo al C. B. que publish ceo per colour de cest Instrument ou Act declare luy mesome destre le fitz heire legitimate del dit G. B. c. Et pur cest practise misdemeanor le dit Evesque de K. auters fueront censure sur ceo ceux pointes fueront resolve 1 Coment que touts Matrimoniall causes on t estre de long temps determinable en les Ecclesiasticall Courtes sont ore properment deins le Irisdiction conusans del Clergie vncor ab initio non fuit sic car â—ibien causes de Matrimony que causes Testamentary sneront Ciuill causes apperteignont al Irisdiction de Ciuill Magistrate come est bien conus al touts Civilians tantque les Christian Emperours Royes pur fair honor al Prelates del Clergy ont graunt ou allowe al â—ux coâ—â—sans Irisdiction en ceux Cases Et pur ceo le Roy l'engleterre que est toutsfoits de droit fuit le fountaine de tout Istice Irisdiction en touts causes ciâ—ien Ecclesiasticall que Ciuill deins ses Dominions coment que il allowe les Prelates del Esglise de exerciser lour severall Irisdictions en ceux causes queur properment appierteignont a lour conusans vncor per les rules del common ley il ad superintendency sur lour proceedings ove power de direction quant coment ils proceederont de restraint correction sils ne proceederont duement en plusors Cases come est manifest per les breefes de severall natures direct al Evesques per queux le Roy commaund eux de certifier Bastardie Excommunication Profession accouplement en loiall Matrimony de admitter Clarkes de cautione admittenda c. Et auxi per les breefes de Prohibition Consultation Attachment sur Prohibition 2 Fuit resolve que le question de Bastardy ou legitimacy doent estre primerment moue en le temporall Court del Roy issue sur ceo do et estre ioyne la donques do et estre transmitt al Ecclesiasticall Court per breefe del Roy destre examine trie la sur ceo l'Evesque faira certificate al Court del Roy a quel certificate esteant fait en tiel due manner la ley done tiel creditt que tout le monde serra lie estoppe per ceo Mes d'auter part si ascun Suit a prover Bastardie oâ— legitimacy soit primerment comence en l'Ecclesiasticall Court devant que ascun question soit moue de tiel matter en le temporall Court del Roy prohibition gist de restraine tiel suit si soit accompaine ove practise fraud come en cest case ceo est vn misdemeanor pâ—nishable en le Starchamber A cest purpose le Case de Corbett fuit mise 22 Edw. 4. fitz Consultation 6. Sir Robert Corbett ad issue 2. fitz Robert Roger Robert le fitz esteant deins le age de 14. ans prist al femme Matild ove quel a son pleine age il cohabit cogniti reputati sunt pro viro vxore palam Uncor apres Robert le fitz demitt de luy la dit Matild viuant la dit Matild espouse vn Lettice aiant issue per Lettice vn fitz morust apres que mort Lettice preach declare overtment que el fuit la loiall semme de Robert que son fitz fuit mulier legitimate Sur que Roger le puisne fitz del Sir Robert Corbett commence suit en le spirituall Court a reverser les espousels enter
aliquae partes illarum in causa praedicta sententiam diffinitiuam pro eo distulistis pronuntiare male quia nostrum declinantes examen id quod per nostram determinandum esset iurisdictionem ad alienam transferuÌ„t dignitatem quod valde perniciosum esset exemplo Cum etiamsi adeptus esset praedictus Nicholaus possessionem terrae praedictae per Assisam praedictam beneficium petitionis haereditatis praedictis puellis plane suppetat in Curia nostra per breue de recto maxime cum per literas de morte antecessoris agatur de possessione non de proprietate ex officio nostro in casu proposito nihil aliud ad nos pertinebat nisi tantum de ipsius Nicholai legitimitate probationes admittere ipsum cum literis nostris testimonialibus ad iustitiarios nostros remittere De consilio igitur Magnatum fidelium nobis assistentium vobis mandamus quatenus non obstante appellatione praemissa non differatis pro eo sententiare ipsum ad iustitiarios nostros remittentes cum literis nostris testimonialibus vt de loquela coram eis agitata postmodum possint secundum legem consuetudinem terrae nostrae Hyberniae iustitiae plenitudinem exhibere Teste H. apud Glocester 19. die Nouembris vid. auxi a cest entent 39. Edw. 3. 20. a. oâ— en breefe de Dower ne vnques accouple en totall Matrimony fuit plead issue sur ceo ioyne per que mande fuit al Evesque de certifier que certifie que il ne poet riens fair per reason d'un inhibition que a luy vient hors del Arches cest returne fuit tenus insufficient car la est dit que il ne do et surceaser de fair le commaundement del Roy pur nul inhibition 4 Darraiument fuit dit que le verry cause reason pur que l'Ecclesiasticall Idge ne poet enquire de legitimation ou bastardy devant que il ad receave direction ou mandment hors del temporall Court del Roy consist â—n ceo que le Court Christian navoit vnques Irisdiction ou power de entermedler ove temporall enheritance directè ou indirecté Car fuit note que Christ mesme reâ—usoâ—t de medler en cause de tiel nature quand sur petition fait a luy Luc. 12. Magister dic fratri meo vt diuidat mecum haereditatem il respond Quis me constituit iudicem aut diuisorem super vos Et pur ceo en le temps del Henr. 3. quant le vsurped Irisdiction del Pape fuit elevate plus hault que vnques devant ou puis en les Dominions del Roy D'engleterre le Pape Alexander 3. aiant graunt commission al Evesques de Winton Exon de enquire de legitima natiuitate del Agatha Mere del vn Robert de Ardenna si el serroit trove legitimate de restorer le dit Robert al possession de certeine terres dont il fuit dispossesse esteant informe que le Roy D'engleterre fuit graundment offend ove cest commission il revoke countermaund ceo en cest point del restitution de possession conusant confessant que le establishment de possessions appertient al Roy nemi al Eglise quel Case est report en le Canon ley Decretal Antiquae collectiones 1. libr. 4 titul qui filij suâ—t legitimi cap. 4. cap. 7. en le 4. Chapter le commission est expresse mes cap. 7. la revocation ou countermaundment appiert en cest forme Causam quae fuit inter Fr. R. de Ardenna super eo quod mater iam dicti R. dicitur non fuisse de legitimo Matrimonio nata experientiae nostrae commissimus terminandam verum quia in literis nostris inseri fecimus vt praefatus R. possessionibus quarum possessor extitit faceretis restitui si eadem possessione spoliatus esset nos attendentes quod ad Regem non ad Ecclesiam spectat de talibus possessionibus iudicare ne videamur iuri dignitatibus charissimi in Christo filij Henrici Regis Anglorum detrahere qui sieut accepimus motus est turbatus quod de possessionibus scipsimus cum ipsorum iudicium ad se asserat pertinere volumus quod Regi possessionum iudicium relinquentes de causa principali cognoseatis c. Mich. 8. Iacobi Le Case del Royal Piscarie de le Banne EN le river de le Banne en Vlster que divide le county de Antrim de le county del Colrane enviren 2. leagues de la Mer ou le streame est nauigable il y ad vn rich piscarie des Salmons que fuit parceil del auncient inheritance de la Corone come appiert per plusors Pipe Rolles surveies ou ceo est trove en chardge come severall piscarie mes ore ceo est graunt per le Roy al Citty de London en fee ferme Le profitt de cest piscarie per le space de 200. ans passes fuit pris share enter les Irish Seigniors queux ont fait incursion intrusion sur les possessions del Corone in Vlster on t possesse per fort main les territories adioinant al dit river de le Banne iusques al primer an del raigne del nostre Seignior le Roy que ore est Anno primo Iacobi Sir Randall mac Donell ad obtaine vn graunt a luy ses heires per letters patents de le Territory del Rout que est parcell del county de Antrim Adioinant al river de le Banne in ea parte ou le dit piscary est ad tout temps estre Per ceux letters patents le Roy graunt a luy omnia Castra mesuagia tofta molendina columbaria gardina hortos pomaria terras prata pascua pasturas boscos subboseos redditus reuersiones seruitia piscarias piscationes aquas aquarum cursus c. Ac omnia alia haereditamenta in vel infra dictum territorium de le Rout in comitatu Antrim exceptis ex hac concessione nobis haeredibus successoribus nostris reseruatis tribus partibus piscationis fluminis de le Banne Et sur cest graunt Sir Randall mac Donell fait petition a le Seignior Deputy destre mise en quiet possession del quart part del dit piscarie que adonques per speciall ordel del Counsell Table fuit mise en sequestration Le Seignior Deputy esteant informe per l'Atturney del Roy que nul part de cest piscarie passoit al Randall mac Donell per cest graunt requiroit le resolution de les cheefe Idges esteant del priuy Counsell en cest matter queux sur view de plusors Pipe-Rolls en que cest piscarie fuit trove severallment en chardge come parcell del auncient enheritance de la Corone sur consideration ew del dit graunt fait al Sir Randall mac Donell certifiont lour opinion resolution que nul part del dit piscarie passoit
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