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

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 protest●●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 c●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

recommendation unto the young King his Son then lately crowned who hearing of his coming commanded him to forbear to come to his presence untill he had absolved the Archbishop of York and others whom he had excommunicated for performing their duties at his Coronation The Archbishop returned answer that they had done him wrong in usurping his office yet if they would take a solemn oath to become obedient to the Pope's commandment in all things concerning the Church he would absolve them The Bishops understanding this protested they would never take that oath unless the King willed them so to doe King Henry the Father being hereof advertised into France did rise into great passion and choler and in the hearing of some of his servants uttered words to this effect Will no man revenge me of mine enemies Whereupon the 4 Gentlemen named in the Stories of that time passed into England and first moving the Archbishop to absolve the Bishops whom he had excommunicated for performing their Duties at the young King's Coronation and receiving a peremptory answer of deniall from the Archbishop they laid violent hands upon him and slew him for which the King was fain not onely to suffer corporal penance but in token of his humiliation to kisse the knee of the Pope's Legate And this is the abridgement of Becket's Troubles or rather Treasons for which he was celebrated for so famous a Martyr And thus you see by what degrees the Court of Rome did within the space of one hundred and odde years usurp upon the Crown of England four points of Jurisdiction Viz. First sending out of Legates into England Secondly drawing of Appeals to the Court of Rome Thirdly donation of Bishopricks and other Ecclesiasticall Benefices And fourthly exemption of Clerks from the Secular power And you see withall how our Kings and Parliaments have from time to time opposed and withstood this unjust Usurpation Now then the Bishop of Rome having claimed and welnigh recovered full and sole jurisdiction in all causes Ecclesiasticall and over all persons Ecclesiasticall with power to dispose of all Ecclesiasticall Benefices in England whereby he had upon the matter made an absolute conquest of more then half the Kingdome for every one that could read the Psalm of Miserere was a Clerk and the Clergie possessed the moietie of all temporall possessions there remained now nothing to make him owner and proprietor of all but to get a surrender of the Crown and to make the King his Farmer and the people his Villains which he fully accomplished and brought to passe in the times of King John and of Hen. 3. The quarrell between the Pope and King John which wrested the Scepter 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 Investiture for the manner of investing of Bishops by the Staffe and Ring after the time of King Hen. 1. was not any more used but by the King's licence they were Canonically elected and being elected the King gave his Royall assent to their election and by restitution of their Temporalties did fully invest them And though this course of election began to be in use in the time of Rich. 1. and Hen. 2. yet I find it not confirmed by any Constitution or Charter before the time of King John who by his Charter dated the fifteenth of January in the sixteenth year of his Reign granted this privilege to the Church of England in these words viz. Quod qualiscunque consuetudo temporibus praedecessorum nostrorum hactenus in Ecclesia Anglicana fuerit observata quidquid juris nobis hactenus vindicaverimus de caetero in universis singulis Ecclesiis M●nasteriis Cathedralibus Conventualibus totius regni Angliae liberae sint in perpetuum electiones quorumcumque Praelatorum majorum minorum Salvâ nobis haeredibus nostris custodiâ Ecclesiarum Monasteriorum vacantium quae ad nos pertinent Promittimus etiam quod nec impediemus nec impediri permittemus per ministros nostros nec procurabimus quin in universis singulis Monasteriis Ecclesiis postquam vacuerint praelaturae quemcunque voluerint libere sibi praeficiant electores Pastorum petitâ tamen à nobis priùs haeredibus nostris licentiâ eligendis quam non denegabimus nec differemus Et similiter post celebratam electionem noster requiratur assensus quem non denegabimus nisi adversus eandem rationale proposuerimus legitimè probaverimus propter quod non debemus consentire c. But to return to the cause of his great quarrell with the Pope The See of Canterbury being void the Monks of Canterbury suddenly and secretly without the King's licence elected one Reignold their Subprior to be Archbishop who immediately posted away to be confirmed by the Pope But when he came there the Pope rejected him because he came not recommended from the King Hereupon the Monks made suit to the King to nominate some fit person to whose election they might proceed The King commends John Gray Bishop of Norwich his principall Counsellour who was afterward Lord Justice of this Kingdome who with a full consent was elected by them and afterwards admitted and fully invested by the King These two elections bred such a controversie as none might determine but the Pope who gave a short rule in the case for he pronounced both elections void and caused some of the Monks of Canterbury who were then present in the Court of Rome to proceed to the election of Stephen Langton lately made Cardinal at the motion and suit of the French King who being so elected was forthwith confirmed and consecrated by the Pope and recommended to the King of England with a flattering Letter and a present of four Rings set with precious stones which were of great value and estimation in those days Howbeit the King more esteeming this Jewell of the Crown namely the Patronage of Bishopricks returned a round and Kingly answer to the Pope That inconsiderately and rashly he had cassed and made void the election of the Bishop of Norwich and had caused one Langton a man to him unknown and bred up and nourished amongst his mortal enemies to be consecrated Archbishop without any due form of election and without his Royal assent which was most of all requisite by the ancient laws and customes of his Realm That he marvelled much that the Pope himself and the whole Court of Rome did not consider what a precious account they ought to make of the King of England's friendship in regard that his one Kingdome did yield them more profit and revenue then all the other countries on this side the Alpes To conclude he would maintain the liberties of his Crown to the death he would restrain all his subjects from going to Rome And since the Archbishops Bishops and other Prelates within his dominions were as learned and religious

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

Authority and not elsewhere in such Courts Spiritual and Temporal of the same as the natures conditions and qualities of the Cases and matters aforesaid in contention or thereafter happening in contention should require without having any respect to any custome use or sufferance in hinderance lett or prejudice of the same or to any other thing used or suffered to the contrary thereof by any other manner person or persons in any manner of wise any forrein Inhibitions Appeals Sentences Summons Citations Suspensions Interdictions Excommunications Restraints Judgements or any other Process or Impediment of what natures names qualities or conditions soever they be from the See of Rome or any other forrein Courts or Potentates of the world or from and out of this Realm or any other the King's dominions or Marches of the same to the See of Rome or to any other forrein Courts or Potentates to the let tor impediment thereof in any wise notwithstanding as by the said Act appeareth By an Act of Parliament in 25 H. 8. it is declared by the King the Lords Spiritual and Temporal and the Commons in that Parliament assembled That neither the King his Heirs nor Successors Kings of this Realm nor any his subjects of this Realm nor of any other his dominions should from thenceforth sue to the said Bishop of Rome called the Pope or to the See of Rome or to any person or persons having or pretending any Authority by the same for Licences Dispensations Impositions Faculties Grants Rescripts Delegacies or any other Instruments or Writings of what kind name nature or quality soever they be for any cause or matter for the which any Licence Dispensation Composition Faculty Grant Rescript Delegacy Instrument or other Writing theretofore had been used and accustomed to be had and obtained at the See of Rome or by authority thereof or of any Prelat of this Realm nor for any manner of other Licences Dispensations Compositions Faculties Grants Rescripts Delegacies or any other Instruments or Writings that in cases of necessity might lawfully be granted without offending of the Holy Scriptures and Laws of God But that from thenceforth every such Licence Dispensation Composition Faculty Grant Rescript Delegacy Instrument and other Writing afore named and mentioned necessary for the King his Heirs and Successors and his and their people and subjects upon the due examination of the causes and qualities of the persons procuring such Dispensations Licences Compositions Faculties Grants Rescripts Delegacies Instruments or other Writings should be granted had and obtained from time to time within this his Realm and other his dominions and not elsewhere in manner and form following and not otherwise That is to say The Archbishop of Canterbury for the time being and his Successors should have power and authority from time to time by their discretions to give grant and dispose by an Instrument under the Seal of the said Archbishop unto the King and unto his Heirs and Successors Kings of this Realm as well all manner of such Licences Dispensations Compositions Faculties Grants Rescripts Delegacies Instruments and all other Writings for causes not being contrary or repugnant to the Holy Scriptures and Laws of God as theretofore had been used and accustomed to be had and obtained by the King or any his most noble Progenitors or any of his or their subjects from the See of Rome or any person or persons by authority of the same and all other Licences Dispensations Faculties Compositions Grants Rescripts Delegacies Instruments and other Writings in for and upon all such causes and matters as should be convenient and necessary to be had for the honour and surety of the King his Heirs and Successors and the wealth and profit of this his Realm so that the said Archbishop or any his Successors in no manner wise should grant any Dispensation Licence Rescript or any other Writing before rehearsed for any cause or matter repugnant to the Law of Almightie God as by the said Act also appeareth If it be demanded what Canons Constitutions Ordinances and Synodals provincial are still in force within this Realm I answer that it is resolved and enacted by Authority of Parliament That such as have been allowed by general consent and custome within the Realm and are not contrariant or repugnant to the Laws Statutes and Customes of this Realm nor are to the dammage or hurt of the King's Prerogative royal are still in force within this Realm as the King 's Ecclesiastical Laws of the same Now as consent and custome hath allowed those Canons so no doubt by general consent of the whole Realm any of the same may be corrected inlarged explained or abrogated For example There is a Decree that all Clerks that have received any manner of Orders greater or smaller should be exempt pro causis criminalibus before the Temporal Judges This Decree had never any force within England First for that it was never approved and allowed of by general consent within the Realm Secondly it was against the Laws of the Realm as it doth appear by infinite precedents Thirdly it was against the Prerogative and Sovereignty of the King that any subject within this Realm should not be subject to the Laws of this Realm In the Reign of Queen Elizabeth BY the said Act of Parliament whereupon the principal case then in question partly dependeth made in the first year of the Reign of Queen Elizabeth it is declared That where in the time of the Reign of King Henry the 8. divers good Laws and Statutes were made and established as well for the utter extinguishment and putting away of all usurped and forrein powers and authorities out of this Realm and other her dominions and countries as also for the restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdiction Authorities Superiorities and Preheminences to the same of right belonging and appertaining by reason whereof her most humble subjects from the 25. year of the said King Henry the 8. were continually kept in good order and were disburthened of divers great and intolerable charges and vexations before that time unlawfully taken and exacted by such forrein power and authority as before that was usurped And to the intent that all usurped and forrein power and authority Spirituall and Temporal might for ever be clearly extinguished and never be used or obeyed within this Realm or any other her dominions or countries It was by the Authority of that Parliament enacted That no forrein Prince person Prelate State or Potentate Spiritual or Temporal should at any time after the last day of that Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other the Queen's dominions or countries that then were or hereafter should be but from thenceforth the same should be clearly abolished out of this Realm and all other her dominions for ever any Statute

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