any Excommunication out of he Realm And therefore by the rule of the Court the Plaintif was not thereby disabled Reges sacro oleo uncti sunt Spiritualis Jurisdictionis capaces Where a Prior is the King's debtor and ought to have Tithes of another Spiritual person he may chuse either to sue for subtraction of his Tithes in the Ecclesiastical Court or in the Exchequer and yet the persons and matter also were Ecclesiastical For seeing the matter by a mean concerneth the King he may sue for them in the Exchequer as well as in the Ecclesiastical Court and there shall the right of Tithes be determined And Fitzherbert in his Nabre fol. 30. holdeth that before the Statute of 18 E. 3. cap. 7. right of Tithes were determinable at the Temporal Courts at the election of the party and by that Statute assigned to be determined in the Ecclesiastical Court and the Temporal Court excluded thereof And the Courts of divers Mannors of the King 's and of other Lords in ancient times had the Probates of last Wills and Testaments And it appeareth by 11 H. 7. fol. 12. that Probate of Testaments did not appertain to the Ecclesiasticall Court but that of late time they were determinable there So as of such Causes and in such manner as the Kings of the Realm by general consent and allowance have assigned to their Ecclesiasticall Courts they have Jurisdiction by force of such allowance The King did by his Charter translate Canons Secular into Regular and Religious persons which he did by his Ecclesiasticall Jurisdiction and could not doe it unlesse he had Jurisdiction Ecclesiasticall The Abbot of Waltham died in the 45. year of E. 3. and one Nicholas Morris was elected Abbot who for that the Abbey was exempt from ordinary Jurisdiction sent to Rome to be confirmed by the Pope And because the Pope by his Constitutions had reserved all such Collations to himself he did recite by his Bull that he having no regard to the Election of the said Nicholas gave to him the said Abbey and the Spiritualties and Temporalties belonging to the same of his spirituall grace and at the request as he feigned of the King of England This Bull was read and considered of in Councill that is before all the Judges of England and it was resolved by them all that this Bull was against the Laws of England and that the Abbot for obtaining the same was fallen into the King's mercy whereupon all his possessions were seised into the King's hands as more at large by the said Case appeareth Where the Abbot of Westminster had a Prior and Convent who were Regular and mort in law yet the King by his Charter did divide that Corporation and made the Prior and Convent a distinct and capable Body to sue and be sued by themselves At a Parliament holden in the 25. year of King Edward the Third it was enacted by consent of the whole Parliament That as well they that obtained Provisions from Rome as they that put them in execution should be out of the King's protection and that a man might doe with them as with the enemies of the King And he that offendeth against such Provisors in body goods or other possessions should be excused against all people and should never be impeached or grieved for the same By which Law every man might lawfully kill such an Offendor as a common enemy against the King and his Countrey so hainous were such offences then holden Afterwards in the same 25. year of King Edward the Third it was in open Parliament by the grievous complaints of all the Commons of this Realm shewed that the Grievances and Mischiefs aforesaid did daily abound to the great dammage and destruction of all this Realm more then ever before viz. That of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did daily reserve to his Collation generally and specially as well Archbishopricks Abbies and Priories as all other Dignities and other Benefices of England which were of the Advowrie of people of Holy Church and gave the same as well to Aliens as to Natives and did take of all such Benefices the First-fruits and many other Profits and a great part of the Treasure of the Realm was carried away and dispended out of the Realm by the purchasors of such graces and also by such privy Reservations many Clerks advanced in the Realm by their true Patrons which peaceably had holden their Advancements by long time were suddenly put out Whereupon the said Commons did pray their said Sovereign Lord the King that fithence the right of the Crown of England and the Law of the said Realm was such that upon the mischiefs and dammages which happened to his Realm he ought and was bound of the accord of his said people thereof to provide remedie and law for the avoiding the mischiefs and dammage which thereof came That it might please him thereupon to ordain remedy The said King Ed. the 3. seeing the mischiefs and dammage before named and having regard to the Statute made in the time of his Grandfather King Ed. 1. and to the causes contained in the same which Statute holdeth always his force and was never defeated nor adnulled in any point and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been fithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which had happened and daily did happen to the Church of England by the said cause by the assent of all the Great men and the Commonalty of the said Realm to the honour of God and profit of the said Church of England and of all his Realm did order and establish That the free Election of Archbishops Bishops and all other Dignities and Benefices electory in England should hold from thenceforth in the manner as they were granted by the King's Progenitors and founded by the Ancestors of other Lords And that all Prelates and other people of Holy Church which had Advowsons of any Benefices of the King's gift or of any of his Progenitors or of other Lords and Donors to doe Divine Service and other charges thereto pertaining should have their Collations and Presentments freely in the manner as they were infeoffed by their Donors And in case that Reservation Collation or Provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the Elections Collations or Presentations afore named That at the time of the Avoidance that such Reservations Collations and Provisions ought to take effect the said King Edward the Third and his Heirs should have and enjoy the same Collations to the Archbishopricks and other Dignities
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
the Proclamation was published whereby all Jesuites and Priests ordained by forrein authority were commanded to depart out of this kingdome by a certain time prefixed After which time he began to lurk and to change his name howbeit at last he was apprehended in Dublin and committed to prison in the Castle there Upon his first Examination taken by the Lord Deputie himself he acknowledged that he was a Priest and ordained by a Popish Titulary Bishop that he had accepted the title and Office of the Pope's Vicar-generall in the three Dioceses before named and had exercised spirituall jurisdiction in foro conscientiae and in sundry other points he maintained and justified the Pope's authority onely he said he was of opinion that the Pope had no power to excommunicate or depose his Majestie because the King is not of the Pope's Religion The next Term after he was indicted upon the Statute of 2 Eliz. enacted in this Realm against such as should wilfully and advisedly maintain and uphold the jurisdiction of any forrein Prince or Prelate in any causes Ecclesiasticall or Civil within this Realm By which Statute the first offence of that kind is punished with losse of goods and one year's imprisonment the second offence incurreth the penaltie of the Praemunire and the third offence is made high Treason Upon this Indictment he was arraigned convicted and condemned and so rested in prison during the next two Terms without any farther question He then made petition unto the Lord Deputie to be set at liberty whereupon his Lordship caused him to be examined by Sir Oliver Saint John Sir James Fullerton Sir Jefferie Fenton the Atturney and Solicitor generall At first he made some evasive and indirect answers but at last voluntarily and freely he made this ensuing acknowledgement or confession which being set down in writing word for word as he made it was advisedly read by him and subscribed with his own hand and with the hands of those who took his examination and afterwards he confirmed it by his oath before the Lord Deputie and Counsell The Confession or Acknowledgement of Robert Lalor Priest made the 22. of December 1606. FIrst he doth acknowledge that he is not a lawfull Vicar-generall in the Dioceses of Dublin Kildare and Fernes and thinketh in his conscience that he cannot lawfully take upon him the said Office Item he doth acknowledge our Sovereign Lord King James that now is to be his lawfull chief and Supreme Governour in all causes as well Ecclesiasticall as Civil and that he is bound in conscience to obey him in all the said causes and that neither the Pope nor any other forrein Prelate Prince or Potentate hath any power to controll the King in any cause Ecclesiasticall or Civil within this Kingdome or any of his Majestie 's Dominions Item he doth in his conscience believe that all Bishops ordained and made by the King's authority within any of his Dominions are lawfull Bishops and that no Bishop made by the Pope or by any authority derived from the Pope within the King's Dominions hath any power or authoritie to impugn disannull or controll any Act done by any Bishop made by his Majestie 's authoritie as aforesaid Item he professeth himself willing and ready to obey the King as a good and obedient Subject ought to doe in all his lawfull commandments either concerning his function of Priesthood or any other dutie belonging to a good Subject After this Confession made the State here had no purpose to proceed against him severely either for his contempt of the Proclamation or offence against the Law So as he had more liberty then before and many of his friends had access unto him who telling him what they heard of his Confession he protested unto them that he had only acknowledged the King's Civill and Temporall power without any confession or admittance of his authoritie in Spirituall causes This being reported unto the Lord Deputie by sundry Gentlemen who gave faith unto what he said his Lordship thought sit that since he had incurred the pain of Praemunire by exercising Episcopall jurisdiction as Vicar-generall to the Pope that he should be attainted of that offence as well to make him an example to others of his profession for almost in every Diocese of this Kingdome there is a Titulary Bishop ordained by the Pope as also that at the time of his Trial a just occasion might be taken to publish the Confession and acknowledgement which he had voluntarily made signed and confirmed by oath before the Lord Deputie and Councell who have likewise subscribed their names as witnesses thereof Hereupon in Hillarie Term 4 Jacobi an Inditement was framed against him in the King's Bench upon the Statute of 16 Rich. 2. cap. 5. containing these severall points 1. That he had received a Bull or Brief purchased or procured in the Court of Rome which Bull or Brief did touch or concern the King's Crown and dignity Royall containing a Commission of Authoritie from the Pope of Rome unto Richard Brady and David Magragh to constitute a Vicar-generall for the See of Rome by the name of the See Apostolick in the severall Dioceses of Dublin Kildare and Fernes within this Kingdome of Ireland 2. That by pretext or colour of that Bull or Brief he was constituted Vicar-generall of the See of Rome and took upon him the style and title of Vicar-generall in the said severall Dioceses 3. That he did exercise Ecclesiasticall Jurisdiction as Vicar-generall of the See of Rome by instituting divers persons to Benefices with cure of souls by granting dispensations in causes Matrimonial by pronouncing sentences of divorce between divers married persons and by doing all other acts and things pertaining to Episcopal Jurisdiction within the said several Dioceses against our Sovereign Lord the King his Crown and dignity Royal and in contempt of his Majesty and disherison of his Crown and contrary to the form and effect of the Statute c. To this Inditement Lalor pleaded Not guilty and when the issue was to be tried the name and reputation of the man and the nature of the cause drew all the principal Gentlemen both of the Pale and Provinces that were in town to the hearing of the matter At what time a substantial Jury of the City of Dublin being sworn for the trial and the points of the Inditement being opened and set forth by the King's Serjeant the Attorney general thought it not impertinent but very necessary before he descended to the particular evidence against the prisoner to inform and satisfie the hearers in two Points 1. What reason moved us to ground this Inditement upon the old Statute of 16 Rich. 2. rather then upon some other later Law made since the time of King Henr. 8. 2. What were the true causes of the making of this Law of 16 Rich. and other former Laws against Provisors and such as did appeal to the Court of Rome in those
waters Yet during this King's reign they wone that point of jurisdiction which they attempted to get but failed thereof in the time of King William Rufus namely That Appeals might be made to the Court of Rome For in a Synod at London summoned by Henr. Bishop of Winchester the Pope's Legate it was decreed That Appeals should be made from Provinciall Councils to the Pope Before that time Appellationes in usu non erant saith a Monk of that time donec Henricus Winton Episcopus malo suo dum Legatus esset crudeliter intrusit Thus did the Pope usurp three main points of Jurisdiction upon three severall Kings after the Conquest for of William Rufus he could win nothing namely upon the Conquerour the sending of Legates or Commissioners to hear and determine Ecclesiasticall causes upon Hen. 1. the Donation and Investiture of Bishopricks and other Benefices upon King Stephen the Appeals to the Court of Rome Now are we come to King Hen. 2. in whose time they made a farther encroachment upon the Crown whereby they endeavoured to make him but half a King and to take away half his Subjects by exempting all Clerks from Secular power Hereupon rose that long and great contention between King Hen. 2. and Thomas Becket which on Becket's behalf may be rightly termed rebellion and treason the just cause and ground whereof was the same that made the late difference between the Pope and the Venetians For a Priest had committed a foul murther and being thereof indicted and convicted prayed the benefit of his Clergie which being allowed unto him he was delivered to the Bishop of Salisbury being his Ordinary to make his purgation which the murtherer failing to doe should by the Law have been degraded and delivered back to the Secular power But the Bishop contemning the Law 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 from the capital punishment he had justly deserved This gap of impunitie being once opened the Clergie grew so outrageous as the King was informed of a hundred murthers committed by Clerks 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 justly incensed against the Archbishop who justified his doing herein Whereupon a common Council as well of the Bishops as of the Nobility was called wherein they did revive and re-establish the ancient laws and customes of the Kingdome for the government of the Clergie and ordering of causes Ecclesiasticall whereof these were the principal Heads or Articles 1. That no Bishop nor Clerk should depart the Realm without the King's licence and that such as obtained licence should give sureties that they should procure no hurt or damage to the King or Realm during their absence in forrein parts 2. That all Bishopricks and Abbeys being void should remain in the King's hands as his own demesnes untill he had chosen and appointed a Prelate thereunto and that every such Prelate should doe his homage to the King before he were admitted unto the place 3. That Appeals should be made in causes Ecclesiasticall in this manner from the Archdeacon to the Ordinary from the Ordinary to the Metropolitan from the Metropolitan to the King and no farther 4. That Peter-pence should be paid no more to the Pope but to the King 5. That if any Clerk should commit Felony he should be hanged if Treason he should be drawn and quartered 6. That it should be adjudged high Treason to bring in Bulls of Excommunication whereby the Realm should be cursed 7. That no Decree should be brought from the Pope to be executed in England upon pain 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 themselves by oath to observe the same absolutely onely the Archbishop would not subscribe and swear but with a Saving salvo suo ordine honore sanctae Ecclesiae yet at last he was content to make the like absolute Subscription and Oath as the rest had done but presently he repented and to shew his repentance suspended himself from celebrating Masse till he had received absolution from the Pope Then he began to maintain and justifie the exemption of Clerks again whereat the King's displeasure was kindled anew and then the Archbishop once again promised absolute obedience to the King's Laws See the fickleness and 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 Laws required all the Bishops to set their Seals thereunto They all assented but the Archbishop who protested he would not set his Seal nor give allowance to those Laws The King being highly offended with his rebellious demeanour required the Barons in Parliament to give Judgement of him who being his Subject would not be ruled by his Laws Citò facite mihi justitiam de illo qui homo meus ligeus est stare Juri in Curia mea recusat Whereupon the Barons proceeding against him and being ready to condemn him I prohibit you quoth the Archbishop in the name of Almighty God to proceed against me for I have appealed to the Pope and so departed in contempt of that high Court Omnibus clamantibus saith Hoveden Quò progrederis proditor exspecta audi judicium tuum After this he lurked secretly near the Sea-shore and changing his apparell and name like a Jesuit of these times he took shipping with a purpose to fly to Rome but his passage being hindered by contrary winds he was summoned to a Parliament at Northampton where he made default wilfully for which contempt his Temporalties were seized and his body being attach'd he was charged with so great an account to the King as that he was found in arrear thirty thousand marks and committed to prison whence he found means to escape shortly after and to passe out of the Realm to Rome He was no sooner gone but the King sends Writs to all the Sherifs in England to attach the bodies of all such as made any Appeals to the Court of Rome Hereupon many messages and letters passing to and fro all the Suffragans of Canterbury joyn in a letter to the Pope wherein they condemn the fugitive Archbishop and justifie the King's proceedings Upon 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 prevailed so far with King Henry as that he was pleased to accept his submission once again and promised the King of France that if he would be obedient to his Laws he should enjoy as ample liberties as any Archbishop of Canterbury ever had and so sent him into England with
elective which be of his Avowry as his Progenitors did before that free Election was granted fithence that the Elections were first granted by the King's Progenitors upon a certain form and condition as to demand licence of the King to chuse and after the Election to have his Royall Assent and not in other manner which conditions not kept the King ought by reason to resort to the first nature as by the said Act more at large appeareth In the 27. year of the Reign of the same King it was grievously complained to the King in a Parliament then holden by the Great men and Commons of the Realm how that divers of the people were and had been drawn out of the Realm to answer to things whereof the conusance pertained to the King's Court and also that the Judgments given in the same Court were impeached in other Courts in prejudice and disherison of the King and of his Crown and of all the people of his said Realm and to the undoing and destruction of the Common Law of the same Realm at all times used Whereupon good deliberation being had with the Great men and others of his said Council it was assented and accorded by the King and the Great men and Commons aforesaid That all the people of the King's allegeance of what condition that they be which should draw any out of the Realm for plea whereof the conusance pertained to the King's Court or for things whereof Judgments were given in the King's Court or which did sue in any other Court to defeat or impeach the Judgments given in the King's Courts should incur the danger of Premunire as by the said Act appeareth To nourish love peace and concord between Holy Church and the Realm and to appease and cease the great hurt and perils and importable losses and grievances that had been done and happened in times past and that should happen hereafter if the thing from thenceforth be suffered to pass because of personal Citations and other that be passed before this time and commonly did passe from day to day out of the Court of Rome by feigned and false Suggestions and Propositions against all manner of persons of the Realm upon Causes whose cognisance and final discussing pertained unto the King and his Royal Court and also of Impetrations and Provisions of Benefices and Offices of Holy Church pertaining to the gift presentation donation and disposition of the King and other Lay Patrons of this Realm as of Churches Chappels and other Benefices appropriated to Cathedrall Churches Abbies Priories Chauntries Hospitalls and other poor Houses and of other Dignities Offices and Benefices occupied in times past and presented by divers and notable persons of the said Realm for which causes and dispensing whereof the good ancient Lâ—ws Usages Customes and Franchises of the said Realm had been and were greatly appaired blemished and confounded the Crown of their Sovereign Lord the King minished and his Person falsely defamed his Treasury and Riches of the Realm carried away the inhabitants and subjects of the Realm impoverished and troubled the Benefices of Holy Church wasted and destroyed Divine Service Hospitalities Alms-deeds and works of charity withdrawn and set apart the Commons and Subjects of the Realm in body and goods consumed The King at his Parliament holden at Westminster in the Vtas of S. Hillary the 38. year of his Reign having regard to the quietness of his people which he chiefly desired to sustain in tranquillity and peace to govern according to the Laws Usages and Franchises of his Land as he was bound by his Oath made at his Coronation following the ways of his Progenitors which for their time made certain good Ordinances and Provisions against the said Grievances and Perils which Ordinances and Provisions and all the other made in his time and especially in the 25. and 27. years of his Reign the King by the assent and expresse will and concord of the Dukes Earls Barons and the Commons of this Realm and of all other whom these things touched by good and meet deliberation and advisement did approve accept and confirm as by the said Act appeareth But those which should execute the said good Laws against such capitall Offendors were cursed reproved and defamed by such as maintained the usurped Jurisdiction of the Bishop of Rome Against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such Defamations and Reproofs In the Reign of King Richard the Second AGainst an Incumbent of a Church in England another sueth a Provision in the Court of Rome and there pursueth untill he recovereth the Church against the Incumbent and after brought an Action of Account against him as receiver of divers sums of money which in troth were the Oblations and Offerings which the Incumbent had received And the whole Court was of opinion against the Plaintif and thereupon he became non-suit It is declared by that Parliament that the Crown of England hath been so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regalty of the same Crown be submitted to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetuall destruction of the King his Sovereignty Crown and Regalty and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be clearly against the King's Crown and his Regalty used and approved in the time of all his Progenitors Wherefore they and all the liege Commons of the same Realm would stand with the King and his said Crown and his Regalty in the cases aforesaid and in all other cases attempted against him his Crown and his Regalty in all points to live and to die And moreover they did pray the King and him required by way of justice that he would examine all the Lords in the Parliament as well Spiritual as Temporal severally and all the States of the Parliament how they thought of the cases aforesaid which were so openly against the King's Crown and in derogation of his Regalty and how they would stand in the same cases with the King in upholding the Rights of the said Crown and Regalty Whereupon the Lords Temporal so demanded did answer every one by himself That the cases aforesaid were clearly in derogation of the King's Crown and of his Regalty as it was well known and had been of long time known and that they would stand with the same Crown and Regalty in those cases especially and in all other cases which should be attempted against the said Crown and Regalty in all points with all their power And moreover then was demanded of the Lords Spiritual there being and the Procurators of others being absent their advice and will in all those cases which Lords
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
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 Crâ—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. oppâ—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.
proved fully all the parts of the Indictment First it was proved by Lalor's own Confession upon severall Examinations taken before the Lord Deputie and Lord Chancellor and others that he had accepted the Office and title of Vicar-general in the Dioceses of Dublin Kildare and Fernes by virtue of the Pope's Bull. Secondly it appeared by the copies of sundry Letters found among his papers at his apprehension that he styled himself the Pope's Vicar in this form Robertus Dublinien Kildaren Fernen Dioeces Vicarius Apostolicus Thirdly there were produced the copies of divers Acts and Instruments written for the most part with Lalor's own hand some of Institutions of Popish Priests to Benefices others of Dispensations with Marriage within the degrees others of Divorces others of Dispensations for non-payment of Tithes Whereby it was manifestly proved that he did execute the Pope's Bull in usurping and exercising Episcopall jurisdiction as Vicar-generall of the See Apostolick within the Dioceses before named To this evidence he made a threefold answer First That he was no suiter for the office of Vicar-generall but it was imposed on him and he accepted virtute obedientiae onely to obey his Superiours Next That he did exercise the office of Vicar-generall in foro conscientiae tantum and not in foro judicii And lastly that those copies of Institutions Dispensations and Divorces were many of them written with his man's hand as precedents of such Acts and Instruments without his privity or direction Hereupon Sir James Ley Chief Justice told him that he could not well say that he accepted that unlawfull office virtute obedientiae for there was no vertue in that obedience That he ow'd an obedience to the Law and to the King who is the true Superiour and Sovereign over all his subjects and hath no Peer within his dominions and that the Superiours whom he meant and intended were but Usurpers upon the King's Jurisdiction and therefore this excuse did aggravate his contempt in that it appeared he had vowed obedience to those who were apparent enemies to the King and his Crown And though it were manifest that he exercised jurisdiction in foro judicii for every Institution is a Judgement and so is every Sentence of divorce yet were his offence nothing diminished if he had executed his office of Vicar-generall in foro conscientiae tantum for the court of man's conscience is the highest tribunall and wherein the power of the Keys is exercised in the highest degree Hereunto the Atturney generall took occasion to adde thus much That Lalor had committed these high offences not onely against the Law but against his own Conscience and that he was already condemned in foro conscientiae For that he upon his second Examination had voluntarily acknowledged himself not to be a lawfull Vicar-generall and that he thought in his conscience he could not lawfully take upon him the said office He hath also acknowledged our Sovereign Lord K. James to be his lawfull Chief and Supreme Governour in all causes as well Ecclesiasticall as Civile and that he is in conscience bound to obey him in all the said causes c. as it is contained in his Acknowledgement or Confession before set down Which being shewed forth by the Atturney generall the Court caused it to be publickly read and thereupon demanded of Lalor if that were not his free and voluntary confession signed with his own hand and confirmed by his oath before the Lord Deputie and Councill He was not a little abashed at the publishing of this Acknowledgement and Confession in the hearing of so many principal Gentlemen to whom he had preached a contrary doctrine therefore said he the shewing forth of this Confession is altogether impertinent and besides the matter Howsoever he could not deny but that he made it and signed it and swore it as it was testified by the Lord Deputie and the rest Then was it demanded of him whether since the making of this Confession he had not protestâ—â—o divers of his friends that he had not acknowledged the King's Supremacie in Ecclesiasticall causes His answer was That indeed he had said to some of his friends who visited him in the Castle of Dublin that he had not confessed or acknowledged that the King was his Supreme Governour in Spirituall causes for that the truth is in the Confession there is no mention made of Spirituall causes but of Ecclesiasticall This is a subtile evasion indeed said the Atturney generall I pray you what difference do you make between Ecclesiasticall causes and Spirituall causes This question said Lalor is sudden and unexpected at this time and therefore you shall doe well to take another day to dispute this point Nay said the Atturney generall we can never speak of it in a better time or fitter place and therefore though you that bear so reverend a title and hold the reputation of so great a Clerk require a farther time yet shall you hear that we Lay-men that serve his Majestie and by the dutie of our places are to maintain the Jurisdiction of the Crown are never so unprovided but that we can say somewhat touching the nature and difference of these Causes First then let us see when this distinction of Ecclesiasticall or Spirituall causes from Civile and Temporall causes did first begin in point of jurisdiction Assuredly for the space of three hundred years after Christ this distinction was not known 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 câ—uses were meerly Civil and determined by the rules of the Civil Law and subject onely to the jurisdiction of the Civil Magistrate as all Civilians will testifie with me But after that the Emperours had received the Christian Faith out of a zeal and desire they had to grace and honour the learned and godly Bishops of that time they were pleased to single out certain speciall Causes wherein they granted jurisdiction unto the Bishops namely in causes of Tithes because they were paid to men of the Church in causes of Matrimony because Marriages were for the most part solemnized in the Church in causes Testamentary because Testaments were many times made in extremis when Church-men were present giving spiritual 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 Law was not then hatched or dream'd of but according to the rules of the Imperiall Law as the Civil Magistrate did proceed in other causes neither did the Emperours in giving this Jurisdiction unto them give away their own Supreme and absolute power to correct and punish these Judges as well as others if they performed not their severall duties This then is most certain that the primitive Jurisdiction in all these causes was
Realm of England and Ireland and to visit reform redresse order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical power authority or jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of vertue and the conservation of the peace and unity of this Realm And that such persons so to be named assigned and authorized should have full power and authority by virtue of that Act and of such Letters Patents under her Highnesse her Heirs and Successors to exercise use and execute all the premisses according to the tenour and effect of the said Letters Patents any matter or cause to the contrary notwithstanding And afterwards the said Queen by her Letters Patents under the great Seal of England bearing date the ninth day of December in the six and twentieth year of her Reign according to the tenour of the said Act did authorize the Archbishop of Canterbury the Bishop of London and divers others or any three or more of them to enquire amongst others of the Statute of the first year of her Reign concerning the Book of Common Prayer with this Clause also contained in the said Letters Patents videlicet Also we give and grant full power and authority to reform redresse order correct and amend in all places of this Realm all Errors Heresies Schisms Abuses Contempts and Enormities Spirituall or Ecclesiasticall whatsoever which by any Spirituall or Ecclesiasticall power authority or jurisdiction can or may lawfully be reformed ordered redressed corrected restrained or amended by Censure Ecclesiasticall Deprivation or otherwise c. And upon proof thereof had and the offences aforesaid or any of them sufficiently proved against any person or persons by Confession lawful witness or by any due manner c. That then you or three of you shall have full power and authority to order and award such punishment to every such offendor by Fine Imprisonment Censure of the Church or otherwise or by all or any of the said ways and to take such order for the redresse of the same as by your wisedomes and discretions shall be thought meer and convenient as by the said Letters Patents more at large appeareth And further they found the Statute of the first year of the Reign of the said Queen by which it is enacted That the offendor against that Act concerning the Uniformity of Common Prayer being thereof lawfully convicted according to the Laws of the Realm by Verdict of twelve men or by his Confession or by the notorious Evidence of the fact should forfeit for the first offence the value of his Spirituall living for one whole year and should suffer six months Imprisonment for the second offence to be committed after such Conviction he should be deprived ipso facto of all his Spiritual livings and for the third offence to be committed after two Convictions as is aforesaid he should be deprived of all his Ecclesiasticall livings and be imprisoned during his life And that the said Robert Caudrey before the time of the trespass supposed was deprived of his said Benefice before the said High Commissioners as well for that he had preached against the said Book of Common Prayer as also for that he refused to celebrate Divine Service according to the said Book and shewed particularly wherein Which said Sentence of Deprivation was given by the Bishop of London cum assensu A. B. C. D. c. collegarum suorum And the Jury concluded their Verdict That if the said Deprivation were not warranted by Law but void then they found the Defendant guilty of the trespass And if the Deprivation were not void in Law then they found the Defendant not guilty And this Case was solemnly and oftentimes debated at Barre by the Counsel of either party and at the Bench by the Judges and after great and long deliberation and consultation had with the rest of the Judges was in the Term of S. Hillary in the 37. year of the said Queen adjudged And it was argued by the Counsel of the Plaintif that the said Deprivation was void for 4 causes First The said Book of Common Prayer being authorized and commanded to be observed by the said Act of the first year of the Queen upon the forfeitures and punishments therein comprised the offence of the Plaintif is against that Act for that Act onely doth command the observation of the said Book and inflicteth punishments in severall degrees for depraving or not observing of the same and consequently if the offence be against that Act the Plaintif ought to have been proceeded withall and punished according to the same And it was said that the said Act was an Act of great moderation and equity for the offendor for his first offence should not be ipso facto deprived but should onely lose the profits of his Ecclesiasticall livings for one year and suffer Imprisonment for six months to the end that such as were froward might have a time to repent and the well-minded a time to consent And such care had the Act of the offendors in this behalf as if they committed one offence and then another and after the second many more yet should not the offendor be deprived for any of the latter offences unless he had been first judicially convicted of record by verdict of 12 men or by confession or notorious evidence of the fact So as the second offence for which he must be deprived by the said Act must be done and committed after such a judiciall and solemn Conviction and punishment according to the said Act And then if such an open punishment and infliction should not give him understanding and open his heart to repent then upon a like Conviction for a second offence to be committed after such a Conviction Deprivation should follow But in the case now in question Caudrey the Plaintif was deprived from his said Parsonage of South-Luffenham for his said first offence being never convented or convicted for any such offence before And therefore it was concluded for this first point That the said High Commissioners had not pursued the form and order prescribed by the said Act non observata forma infertur adnullatio Actus and consequently the Deprivation of the Plaintif is void and therefore Judgement ought to be given for him And it was said by the Plaintif's Counsell by way of anticipation That albeit there was a Proviso in the same Act for Archbishops Bishops and their Chancellors Commissaries Archdeacons and other Ordinaries having peculiar Jurisdiction yet that did not give any strength to the said Deprivation for two causes First that the Commissioners by force of the said Act of 1 Eliz. and of the said Letters Patents are not within the said Proviso but onely Archbishops and Bishops their Chancellors Commissaries c. in respect of their ordinary Jurisdiction 2. Admitting it should