any liuing man yet it is continued preserued in the memory of men liuing doth farre excell our written lawes namely our Statutes or Actes of Parliament which is manifest in this that when our Parliaments haue altered or changed any fundamentall pointes of the Common lawe those alterations haue beene found by experience to bee so inconuenient for the commonwealth as that the common lawe hath in effect beene restored againe in the same points by other Actes of Parliament in suceedîng ages And as our Custumary vnwritten lawe doth excell our Parliament lawes which are written so for the gouernment of the Common-weale of England which is as well instituted established as any Common-weale in Christendome Our natiue Common lawe is farre more apt agreeable then the Ciuill or Canon lawe or any other written lawe in the worlde besides howsoeuer some of our owne Countrimen who are Ciues in aliena Republica hospites in sua may perâ—â—ppes affirme the contrary But certaine it is That the greate and wise-men of England in the Parliament of Merton did not preferre a Forreine lawe before theire owne when motion being made by the Clergie that Children borne before Marriage might be adiudged legitumate They all made aunswere with one voice Nolumus Leges Angliae mutari And againe in II. R. 2. when a newe course of proceeding in Criminall Causes according to the forme of the Ciuill lawe was propounded in that vnruly Parliament Aunswere was made by all the Estates That the Realme of England neither had bin in former times nor hereafter should bee Ruled and gouerned by the Ciuill law Rot Parliam II. R. 2. in Archiv Turris And heere I may obserue for the Honour of our Nation and of our Auncestors who haue founded this Common-weale wherein wee liue and enioy so many felicities That England hauing had a good and happie Genius from the beginning hath bin enhabited alwaies with a vertuous wise people who euer embraced honest and good Customes full of Reason and conveniencie which being confirmed by common vse practise and continued time out of minde became the common lawe of the Land And though this lawe bee the peculiar inuention of this Nation and deliuered ouer from age to age by Tradition for the common lawe of England is a Tradition learned by Tradition as well as by Bookes yet may wee truly say That no humaine lawe written or vnwritten hath more certainty in the Rules and Maximes more coherence in the parts thereof or more harmony of reason in it nay wee may confidently averr that it doth excell all other lawes in vpholding a free Monarchie which is the most excellent forme of gouernment exalting the prerogatiue Royall and being very tender and watchfull to preserue it and yet maintaining withall the ingenuous liberty of the subiect Breefely it is â—o framed and sitted to the nature disposition of this people as wee may properly say it is connaturall to the Nation so as it cannot possibly bee ruled by any other lawe This lawe therefore doth demonstrate the strength of witt and reason and selfe sufficiencie which hath beene alwayes in the people of this land which haue made theire owne lawes out of their wisdome experience like a silke worme that formeth all her webb out of her selfe onely not begging or borrowing a forme of a common-weale either from Rome or from Greece as all other nations of Europe haue done but hauing sufficient prouision of lawe Iustice within the land haue no neede Iustitiam iudicium aâ— alienigenis emendicare as King Iohn wrote most nobly to Pope Innocent the third Matth Parishistor magn pag 215. En populus sapiens intelligens gens magna As it is said of Gods chosen people 4. Deuter. Neither could any one man euer vaunt that like Minos Solon or Lycurgus he was the first Lawegiuer to our Nation for neither did the King make his owne prerogatiue nor the Iudges make the Rules or Maximes of the lawe nor the common subiect prescribe and limitt the liberties which he enioyeth by the lawe but as it is said of euery Art or Science which is brought to perfection Per varios vsus artem experientia fecit so may it properly bee said of our lawe Per varios vsus legem experientia fecit Long experience many trialles of what was best for the common good did make the Common lawe But vppon what reason then doth Polidor Virgill other writers affirme that King William the Conqueror was our Lawegiuer caused all our lawes to bee written in French Assuredly the Norman Conqueror found the auncient lawes of England so honorable profitable both for the Prince people as that he thought it not fitt to make any alteration in the fundamentall pointes or substance thereof the change that was made was but in formulis iuris he altered some legall formes of proceeding to honor his owne language for a marke of Conquest withall he caused the pleading of diuers Actions to be made entred in French sett forth his publique Ordinances Acts of Counsell in the same tongue which forme of pleading in French continued till 36. Edw. 3. when in regard that the French tongue begann to growe out of vse which for many yeares after the Norman Conquest was as common as the English among the Gentry of England it was ordained by Parliament that all pleas should bee pleaded debated Iudged in the English tongue entred enrolled in Latine And as for our statutes or Acts of Parliament the billes were for the most part exhibited in French passed and enrolled in the same language euen till the time of King H. 7. And so are they printed in Rastalles first Abridgment of statutes published in the yeare 1559. But after the begining of King Henry 7. his raigne wee finde all our Acts of Parliament recorded in English Onely our Reports of the Cases resolutions and Iudgments in the lawe whereof our bookes of the lawe do consist haue euer vntill this day beene penned published in that mixt kinde of speech which wee call the lawe French differing indeede not a litle from the French tongue as it is now refined and spoken in Fraunce as well by reason of the words of Art and forme called the Tearmes of the lawe as for that wee doe still retaine many other old wordes Phrases of speech which were vsed foure hundred yeares since are now become obsolete out of vse among them but are growne by long continuall vse so apt so naturall so proper for the matter subiect of these Reports as no other language is significant enough to expresse the same but onely this lawe french wherein they are written And this is the true onely cause why our Reports other books of the lawe for the most part are not sett forth in English Latine or the moderne french for that the proper peculiar phrase of the common
adiudged high treason to bring in Bulls of Excommunication whereby the Realme should bee cursed 7 That no decree should bee brought from the Pope to bee executed in England vppon paine of imprisonment and confiscation of goods To these and other Constitutions of the like nature made at Claringdon all the rest of the Bishops and great men did subscribe and bound themselues by oath to obserue the same absolutly onely the Archbishop would not subscribe and sweare but with a Sauing saluosuo ordine bonore sancte Ecclesiâ— yet at last hee was content to make the like absolute subscription and oath as the rest had done but presently hee repented and to shewe his repentance suspended himselfe from celebrating Masse till he had receaued absolution from the Pope Then he began to maintaine and iustifie the exemption of Clarkes againe whereat the Kings displeasure was kindled a new and then the Archbishop once againe promised absolute obedience to the Kings lawes See the ficklenes mutability of your constant Martyr The King to bind fast this slippery Proteus called a Parliament of the Bishops and Barons and sending for the Roll of those lawes required all the Bishops to set their seales therevnto They all assented but the Archbishop who protested he would not set his seale nor giue allowance to those lawes The King being highly offended with his rebellious demeanor required the Barons in Parliament to giue Iudgement of him who being his subiect would not be ruled by his lawes Cito facite mihi iustitiam de illo qui homo meus ligeus est stare Iuri in Curia mearecusat Wherevppon the Barons proceeding against him being ready to condemne him I prohibit you quoth the Archbishop in the name of Almighty God to proceed against mee for I haue appealed to the Pope and so departed in contempt of that high Court Omnibus clamantibus saith Houenden quo progrederis proditor expecta audi iudicium tuum After this he lurked secretly neere the Sea shore and changing his apparell and name like a Iesuit of these times he tooke shipping with a purpose to flie to Rome but his passage being hindred by contrary windes hee was summoned to a Parliament at Northampton where he made default wilfully for which contempt his temporalties were seised and his body being attacht he was charged with so great an account to the King as that he was found in arreare thirty thousand markes and committed to prison whence hee found meanes to escape shortly after and to passe out of the Realme to Rome Hee was no sooner gone but the King sends writts to all the Shiriffs in England to attach the bodies of all such as made any appeales to the Court of Rome herevppon many messages and letters passing to froe all the suffragans of Canterbury ioyne in a letter to the Pope wherein they condemne the fugitiue Archbishop and iustifie the Kings proceedings Vppon this the Pope sends two Legates to the King being then in Normandy to mediate for the Archbishop They with the mediation of the French King preuailed so farre with King Henry as that he was pleased to accept his submission once againe and promised the King of France that if he would be obedient to his lawes he should enioy as ample liberties as any Archbishop of Canterbury euer had and so sent him into England with recommendation vnto the young King his Sonne then lately Crowned who hearing of his comming commaunded him to forbeare to come to his presence vntill he had absolued the Archbishop of Yorke others whome he had excommunicated for performing their duties at his Coronation The Archbishop returned answere that they had done him wrong in vsurping his office yet if they would take a solmne oath to become obedient to the Popes commaundement in all things concerning the Church he would absolute them The Bishops vnderstanding this protested they would neuer take that oath vnlesse the King willed them so to doe King Henry the father being hereof aduertised into France did rise into great passion and choler and in the hearing of some of his seruants vttered words to this effect Will no man reueng mee of mine enemies Wherevppon the foure Gentlemen named in the storyes of that time passed into England and first mouing the Archbishop to absolue the Bishops whome he had excommunicated for performing their duties at the young Kings Coronation and receauing a peremptory answere of deniall from the Archbishop they laid violent hands vppon him and slew him for which the King was faine not onely to suffer corporall pennance but in token of his humiliation to kisse the knee of the Popes Legate And this is the abridgement of Beckets troubles or rather treasons for which he was celebrated for so famous a Martyr Foure points of iurisdiction vsurped vppon the crowne of England by the Pope before the raigne of K. Iohn And thus you see by what degrees the Court of Rome did within the space of one hundred and odd yeares vsurpe vppon the Crowne of England foure points of Iurisdiction viz. First sending of Legats into England SecoÌ„dly drawing of appeales to the Court of Rome Thirdly donation of bishopricks and other Ecclesiasticall benefices and fourthly exemption of Clarkes from the secular power And you see withall how our Kings and Parliaments haue from time to time opposed and withstood this vniust vsurpation Now then the Bishop of Rome hauing claimed and welny recouered full and sole iurisdiction in all causes Ecclesiasticall and ouer all persons Ecclesiasticall with power to dispose of all Ecclesiasticall benefices in England whereby he had vppon the matter made an absolute conquest of more then halfe the kingdome for euerie one that could read the Psalme of Miserere was a Clarke the Cleargie possessed the moytie of all temporall possessions There remained now nothing to make him owner and proprietor of all but to geâ—â— a surrender of the Crowne and to make the King his Farmer and the people his Villaines which he fully accomplisht and brought to passe in the times of King Iohn and of Henr. 3. The cause of the quarrell betweene K. Iohn the Pope The quarrell betweene the Pope and King Iohn which wrested the Sceptor out of his hand and in the end brake his heart began about the election of the Archbishop of Canterbury I call it election and not donation or inuestiture for the manner of inuesting of Bishops by the Staffe and Ring after the time of King Henr. 1. was not any more vsed but by the Kings licence they were Canonically elected and being elected the King gaue his Roiall assent to their election and by restitution of their temporalties did fully inuest them And though this course of election began to be in vse in the time of Rich. 1. and Henr. 2. Yet I finde it not confirmed by any Constitution or Charter before the time of King Iohn who by his Charter dated the fifteenth of Ianuary in the
in respect of my selfe onely but also in regard of that relation which your Lordshâ—p hath vnto this kingdome For albeit pour Lordship bee Lord Chauncellor of England yet the great Sealâ— which you keepe there is also of force power within this Realme Neither can wee forgett without ingratitude that your Lorship in that high place of Counsell which you hold in England is vppon all occasions watchfull carefull of the publike good welfare of Ireland Nowe therefore the onely wise God who hath giuen vnto your Lordship those blessings which wisedome hath in store for them that loue her Longitudo dierum in dextra â—ius in sinistra â—ius diuitiae gloria preserue your Lordship for many yeares in health and honor that you may long continue a prudent and principall Counsellor vnto your Soueraigne a louing prouident father vnto your country a comfort and countenance to your particular freindes and all others who pertake of your honorable fauors among which I remaine Most bound most deuoted to do your Lordship all humble seruice Io Dauys Trin. 2. Iacobi en â—â—eschecquer Le Case de Proxies ENter le Roy Sir Ambrose Forth Doctor del ciuil Ley un des Maisters del Chauncery le case fuit tiel L'Evesque de Meth devantle dissolution des Monasteries avoit vn Proxie de xv 〈◊〉 iiii d. payable annualment hors del coÌ„maundâ—y de Kells en le county de Meth parcell del possessions del Hospital de Saint Iohn de Ierusalem en Ireland vn auter Proxie de xx s. paiable annualmeÌ„t hors del impropriate Rectory de Trevet en mesme le countie parcell del possessions del Abbey de Thomascourt en le countie de Dublin Anno 33. Henr. 8. le dit Hospitall de S. Iohn de Ierusalem le dit Abbey de Thomascourt fueront suppresse dissolâ—e touts les possessions des ambideux ditz measons fueront â—est en le actual real possession del Corone per act del Parliament Mes en mesme le act est vn expresse Saving de Proxies aâ— touts Evesques lour successors Apres ceo l'Evesque de Meth son Clergie car cest evesquery â—ad Deane Chapter per fait enroll dat 16. Martij 36. H. 8 graunt les Proxies aâ—antdit enter auters al Roy Henr. 8. ses heires successors le dit Roy esteant al temps del graunt puis en actuall possession del dit coÌ„maundry Rectory hors de queux les ditz Proxies fueront payable Puis la Ronne Elizabeth per ses letters pateÌ„ts dat 1. Novembris en l'an 33. de sa raigne demise le dit commaundry et Rectory al Doctor Forth rendant rent saâ—s ascun reseruation des Proxies Et si ore il serra charge oâ—e les dits Proxies les arrerages d'yceux encurrues depuis le comencemeÌ„t de son leas fuit le question Et fuit adiudge que il serroit charge Et 3. points fueroÌ„t move debate en l'argumeÌ„t de cest Case 1 Si les Proxies fueront tout ousterment extinct per le suppression dissolution des dits religious measons de S. Iohn de IerusaleÌ„ de Thomascourt nient obstant le dit Saving deins l'act de Dissolution 2 Si l'Evesque puissoit graunter les Proxies al Roy. 3 Si les Proxies fueront extinct en maines del Roy per l'Unity de possession PUr le Primer point fuit obiect per le counsel del Sir Ambrose Forth que les Proxies fueront extinct per le suppression dissolution de les religious measons pur ceo que le VisitatioÌ„ de les religious measons fuit la sole cause de paymeÌ„t des Proxies Et cessante causa cessat effectus Car les religious persons esteant deraigne disperse ne fueront apres ceo subiect al visitation donques quant le visitation cease le Proxie esteant solement vn Exhibition doneal visitor purses travayling charges cessera auxi Car Procuratio come les Canonists define ceo est exhibitio sumptuum necessariorum facta praelatis qui diocoeses peragrando Ecclesias subiectas visitant Uncore ils agreeont que le Visitation ne cessa immediatement per le surrender ouper l'act de ParliameÌ„t que done les religious measons lour possessioÌ„s al Corone car per ceo lour Corporations ne fueront dissolve come est tenus en le case de Deane Chapter de Norwich en le 3. part des Reports de le Seignior Coke 15. Ass p. 8. 32. H. 8 Br. Corporations 78. mes quant les religious persons fueront deraigne avoent relinquish lour habit rule order pur queux ils fueront visitable adonques le Corporation fuit ousterment dissolve sur ceo le visitation cessa Et ils reseinblont le proxie due pur Visitation al Annuity pro Consilio ou pro Servitio impeÌ„dendo si le counsell ou le service soit withdraw le Annuity est determin issint si Rent charge soit graunt pur vn chimin stopp le chimin le Rent charge serra auxi stopp 9. Edw. 4. 19. 15. Edw. 4. 2. 21. Edw. 3. 7. 45. Ed. 3. 8. Dier 6. H. 8. 2. 6. Ed. 6. 76. issint ou Corody est graunt pur certein service destre fait omission del service determin le Corody 20. Edw. 4. fol. vltimo Fuit auxi dit que cest duty ne fuit annuall mes coÌ„tingent payable tantsolement sur chescun Visitation come Escuage sur chescum iourney roiall ou come Aide pur â—le marier on pur fair fitz chivaler en queux darrain cases si avowry soit fait pur l'ayde est bon plea en barr d'avowry a dire que l'avowant nad teil fitz ou â—ile en vie al temps del Ayde levie N. N. Br. 82. g. Et pur le Saving ils diont que ceo fuit vn Flattring Saving que ne poer preserver les proxies en esse queux la Ley ad extinguish come est tenus 14. Eliz. Dier 313. que les Tenures del Obitou Chauntry terres tenus del subiects sont extinct per lact del 1 E. 6. ment obstant le Saving en le dit act propter absurditatem issint les Proxies icy serront extinct propter absurditateÌ„ Car come est absurd que le Roy serra subiect al attendance en respect de Tenute issint est absurd que le Roy serra subiect al visitation ou al ascun duty en respect de ceo De mesme le nature sont plusors Savings mise en Walsinghams case Plow Com. 563. queux soâ—t la appell Flattring Savings PUr le second point fuit obiect que l'Evesque ne puissoit graunter les proxies al Roy pur 2. reasons l'uâ— deduce del person del Roy l'auter del person del Evesque 1. pur le Roy admitt que il â—uit capable de teil spirituall office come destre Visitor des religious persons vncor il navera
enfeoffe vn Fagan que enfeoffe Brien mac Owen lessor del plaintife Et est darrainement trove que Art Okieffe Eleanor sa feme deviont que apres lour mort Manus Okieffe enter enfeoffe Cahir O callaghan le defendant que enter eiect le lessee del Brien mac Owen sur tout cest matter les Irors priont l'advise del Court c. Sur que vn maine question surdoit viz. si le title del heire al common Ley que le defendant ad ou le title del Tanist que estate le lessor del plaintife ad serra preferre come cest Case est Et en le discussing de cest question 3. principall pointes fueront move argue 1 Si le dit custome de Tanistry soit voide ou nemi en luy mesme ou auterment abolish per le Introduction del common ley D'engleterre 2 Admitt que soit bon custome nient abolish per le common ley si soit discontinue destroy per le feoffment que create limitt estate taile en la terre solonque le course del common ley issint que ne serra reduce al course de Tanistry quant le estate taile est determine 3 Si Conoghor O callaghan que enter come Tanist apres le estate taile determine ad gaine melieur estate per son sâ—rrender al Roigne Elizabeth le regraunt fait aluy per letters patents 1 QUant al primer point fuit obiect per le Counsell del plaintife que le dit custome de Tanistry come est trove est bon per les rules del common Ley. Car 3. choses doent concurre pur fair bon custome Antiquity Continuance Reason Et est expressment trove que cest custome est auncient devant temps de memory continuall de temps dont memorie ne Court pur ceo si soit reasonable auxi ceo ad touts qualities de bon custome Et certes cest custome que done la terre al pluis eigne pluis digne home del sang surnosme del cesty que morust seisie est fort reasonable en cest Realme pur ceo que il poet mieux manure la terre defender ceo que vn enfant ou feme Et le continuance de terre en le sang surnosme est bon reason consideration de raiser vse Plow Comment fol. 305. Baintons case ou le dignitie del heire male est expresse en plusors Cases pur que cest custome ne fault reason pur defence de ceo Lit. libr. 1. fol. 17. a. mise cest rule cestascavoir que en divers Seignories divers Mannors sont plusors divers customes quant a prender Tenements quant a pleader quant al auters choses tout ceo que nest pas encounter reason poet bien estre admitt allowe Et coment que cest custome serroit repugnant al rule del common ley ceo ne prove ceo destre vnreasonable car les customes de Borough English de Gavelkinde sont contrarie al common ley en le point de discent de inheritance vncor sont approve come reasonable customes issint le custome del turning le plow sur headland d'un auter de drier nettes sur auter terre 21. Edw. 4. 50. 8. Edw. 4. 19. Issint que feffment ove garranty fait per temant en taile ne serra discontinuance ceo est contrary al rule del Ley vncor bon custome 30. Ass p. 47. Et plusors Cases fueront mise a cest entent Et sicome cest custome nest voide pur fault de reason issint nest voide pur fault de certenty Car la terre descendera al pluis eigne pluis digne le pluis eigne poet estre certeinment conus mes le pluis digne semble destre vncerteine car que serra Idge de ceo certes la Ley que est tout foites certeine infallible en sa Idgement Et la Ley dirra que le pluis eigne est le pluis digne cibien en cest Case come en auter Cases de cest nature Et pur ceo Litt. dit en le Case de 3. freres si le mulnes purchase terres morust saus issue le eigne frere avera la terre per discent pur ceo que le eigne est pluis digne de sang Et en le chapter de Remitter il dit lon home ad 2. titles a terres Tenements viz. vn plus auncient auter plus darraine la Ley adiudgera luy eins per force del pluis eigne title pur ceo que le pluis eigne title est le plus sure title le plus digne title vid. Plow Comment 259. a. Mes admitt que l'affirmatiue part del custome viz. que la terre descendera al pluis eigne pluis digne home c. serroit voide vncor le negatiue part del custome viz. que les files ne serront inveritable cest bon car sont plusors bon customes en le negatiue enconter les expresse Maximes rules del common ley Come que feme navera dower ou el ad receave part des deniers pur le sale del terre 20. Ed. 3. Br. customes 53. Et le custome en Kent que le Seignior navera terre per Elcheat The father to the bough and the sonne to the plowe Et le custome de que Kitchin parle fol. 149. b. que si home marrie widowe el navera dower Et donque si cest part del cuâ—â—ome soit bon IdgemeÌ„t serra done encounter le defendant pur ceo que il derive son title del file que est heire generall al common Ley. Et cest custome nest abolish per l'Introduction del common ley pur divers reasons 1 Pur ceo que est reasonable custome agreeable al rules del common ley come devant est monstre sur cest reason est resolve 21. Eliz. Dier 363. que le custome de vill de Denbigh in Gales que vn feme covert ovesque sa Baron poet alien sa terre per surrender examination en Court la ceo liera la feme ses heires come fine nest toll per le statue de 27. Henr. 8. coment que cest act introduce le common ley en Gales come appiert per le title de ceo For lawes and Iustice to be ministred in Wales in like force as in the Realme of England 2 Comâ—nt que le Brehon ley que fuit le common ley del Irisbrie devant le Conquest soit abolish per establishment del common ley d'engleterre que fuit iustment fait solonque la ley del nations nient obstant que ceo fuit vn Christian kingdome come appiert en Caluins Case en le 7. part de les Reports de le Seignior Cooke 17. b. vncor les particular customes poent estoier come le custome de Gavelkinde in Kent auters customes en auter
Breeue hee was constituted Vicar generall of the Sea of Rome and tooke vppon him the stile and title of vicar generall in the said seuerall dioceses 3 That hee did exercise Ecclesiasticall Iurisdiction as Vicar generall of the Sea of Rome by instituting diuers persons to benefices with cure of soules by graunting dispensations in causes Matrimoniall by pronouncing sentences of diuorce betwene diuers married persons and by doing all other actes and things pertayning to Episcopall iurisdiction within the said seuerall Dioceses against our Souerainge Lord the King his Crowne and dignitie Royall and in contempt of his Maiestie and disherison of his Crowne and contrary to the forme and effect of the statute c. To this inditement Lalor pleaded not guiltie and when the issue was to bee tried the name and reputation of the man and the nature of the cause drewe all the principall gentlemen both of the Pale and Prouinces that were in towne to the hearing of the matter At what time a substantiall lury of the Cittie of Dublin being sworne for the triall and the points of the Inditement being opened and set forth by the Kings Seriant the Atturney generall thought it not impertinent but very necessary before hee descended to the perticular enidence against the prisoner to informe and satisfie the hearers in two points Why Lalor was indited vppon the old statute of 16 R. 2. 1 What reason moued vs to grounde this inditement vppon the olde statute of 16 Richard 2. rather then vppon some other later lawe made since the time of King Henr. 8. 2 What were the true causes of the making of this lawe of 16. Rich. and other former lawes against Prouisors and such as did appeale to the Court of Rome in those times when both the Prince and people of England did for the most part acknowledge the Pope to be the thirteenth Apostle and only oracle in matters of Religion and did followe his doctrine in most of those points wherein wee now dissent from him 1 For the first poynt wee did purposely forbeare to proceede against him vppon any latter law to the end that such as were igâ—onorant might bee enformed that long before King Henr 8. was borne diuers lawes were made against the vsurpatâ—on of the Bishop of Rome vppon the rights of of the Crowne of England welny as sharpe and as seuere as any statutes which haue beene made in later times and that therefore wee made choyse to proceede vppon a lawe made more then 200. yeares past when the King the Lords and Commons which made the lawes and the Iudges which did interpret the lawes did for the most part follow the same opinions in Religion which were taught and held in the Court of Rome the treâ— causeof making the stattute of 〈◊〉 R 2 other statuts against pouisors 2 For the second poynt the causes that moued and almost enforced the English nation to make this and other statutes of the same nature were of the greatest importance that could possible arise in any state For these lawes were made to vphold and maintaine the Soueraingtie of the King the liberty of the people the common lawe and the common-weale which otherwise had beene vndermined and viterly ruined by the vsurpation of the Bishop of Rome For albeit the Kings of England were absolute Emperours within their Dominions and had vnder them as learned a Prelacie and Cleargie as valiant and prudent a Nobility as free and wealthy a Commonalty as any was then in Christendome yet if wee looke into the stories and records of these two Imperiall kingdomes wee shall finde that if these lawes of Prouision and Praemunire had not beene made they had lost the name of Imperiall and of Kingdomes too and had beene long since made Tributary Prouinces to the Bishop of Rome or rather part of S. Peters patrimony in demesne Our Kings had had their Scepters wrested out of their hands their Crownes spurned of from their heads their neckstrod vppon they had beene made Laquaies or footmen to the Bishop of Rome as some of the Emperours and French Kings were our Prelats had beene made his chaplaines and Clearks our Nobilitie his vassals and seruants our Commons his slaues and villaines if these Acts of manu-mission had not freed them In a word before the making of these Lawes the flourishing Crowne and Common-wealth of England was in extreame danger to haue beene brought into most miserable seruitude and slauery vnder collour of religion and deuotion to the Sea of Rome And this was not onely seene and felt by the King and much repined at and protested against by the Nobility but the Commons the generall multitude of the Subiects did exclame and crie out vppon it The statuts of praemunire made at praier of the commoÌ„s For the Commons of England may bee an example vnto all other Subiects in the world in this that they haue euer beene tender and sensible of the wrongs and dishonors offred vnto their Kings and haue euer contended to vphold and maintaine their honor and Soueraigntie And their faith and loyaltie hath beene generally such though euery age hath brought forth some particular monsters of disloyaltie as no pretence of zeale or religion cold euer withdrawe the greater part of the Subiects to submitt themselues to a foreine yoke no not when Popery was in her height and exaltation whereof this Act and diuers other of the same kinde are cleare and manifest testimonies For this Act of 16. Richard 2. was made at the prayer of the Commons which prayer they make not for themselues neither shew they their owne selfe loue therein as in other Bills which containe their greeuances but their loue and zeale to the King and his Crowne When after the Norman Conquest they importuned their Kings for the great Charter they sought their owne liberties and in other bills preferred commonly by the Commons against Shiriffs Escheators Purueyors or the like they seeke their owne profit and ease but heere their petition is to the King to make a lawe for the defence and maintenance of his owne honor The effect of the statut of 16. R. 2. cap. 5. They complaine that by Bulls and processes from Rome the King is depriued of that iurisdiction which belongeth of right to his Imperiall Crowne that the King doth loose the seruice and counsell of his Prelats and learned men by translations made by the Bishop of Rome That the Kings lawes are defeated at his will the Treasure of the Realme is exhausted and exported to enrich his Court and that by those meanes the Crowne of England which hath euer beene free and subiect vnto none but immediatly vnto God should be submitted vnto the Bishop of Rome to the vtter destruction of the King and the whole Realme which God defend say they and therevppon out of their exceeding zeale and feruencie they offer to liue and die with the king in defence of the liberties of the Crowne And
lastly they pray and require the King by way of Iustice to examine all the Lords in Parliament what they thought of these manifest wrongs and vsurpations and whether they would stand with the King in desence of his Royall liberties or no which the King did according to their petition and the Lords Spirituall and Temporall did all answere that these vsurpations of the Bishop of Rome were against the liberties of the Crowne and that they were all bound by their alleageance to stand with the King and to mantaine his honor and prerogatiue And therevppon it was enacted with a full consent of the three Estates that such as should purchase in the Court of Rome or elsewhere any Bulls or Processes or other things which might touch the King in his Crowne and dignitie Royall and such as should bring them into the Realme and such as should receaue them publish them or execute them they their Notaries Proctors Mantainors and Counsellors should bee all out of the Kings protection their lands and goods forfeited to the King their bodies attached if they might bee sound or else processe of Praemunire facias to bee awarded against them Vppon these motiues and with this affection and zeale of the people was the statute of 16. Rich 2 made wherevppon wee haue framed our inditement Now let vs looke higher and see whether the former lawes made by King Edw 3. and King Edw. 1. against the vsurpation of the Bishop of Rome were not grounded vppon the like cause and reason The effect of the statut of 38. Edw. 3 cap. 1. The statute of 38. Edw. 3. cap. 1. expressing the mischiefes that did arise by Bâ—â—eues of citation which drewe the bodies of the people and by Bulls of prouision and reseruation of Ecclesiasticall benefices which drewe the wealth of the Realme to the Court of Rome doth declare that by these meanes the auncient lawes customes and franchises of the Realme were consounded the Crowne of our Soueraigne Lord the King deminished and his person falsely defamed the Treasure and riches of the land carried away the Subiects of the Realme molested and impouerished the benefices of holy Church wasted and distroyed Diuine seruice Hospitalitie Almesdeeds and other workes of Charitie neglected The statute of 27. Ed. 3. cap. 1. Againe 27 Edw 3 cap. 1. vppon the greeuous and clamorous complaint for that phrase is there vsed of the great men and Commons touching Citations and Prouisions it is enacted that the offendors shall forfeit their lands goods and Chattels and their bodies bee imprisoned and ransomed at the Kings will The statute of 25 Ed. 3. reciting the statute of 25. Ed. 1 But in the statute of 25. Edw. 3. wherein the first lawe against Prouisors made 25. Edw. 1. is recited there is a larger declaration of these inconueniences then in the two last Actes before mentioned For there all the Commons of the Realme doe greuously complaine that where the holy Church of England was first founded in estate of Prelacio by the Kings and Nobilitie of that Realme and by them endowed with great possessions and reuenewes in lands rents and Aduowsons to the end the people might bee informed in Religion Hospitality might bee kept and other works of Charitie might bee exercised within the Realme And whereas the King and other founders of the said Prelacies were the rightfull Patrons and Adowees thereof and vppon avoydance of such Ecclesiasticall promotions had power to aduance therevnto their kinsemen friends and other learned men of the birth of that Realme which being so aduanced became able and worthy persons to serue the King in Counsell and other places in the Common-weale The Bishop of Rome vsurping the Seigniory of such possessions and benefices did giue and graunt the same to Aliens which did neuer dwell in England and to Cardinals which might not dwell there as if hee were rightfull Patron of those benefices whereas by the lawe of England hee neuer had right to the Patronage thereof whereby in short time all the spirituall promotions in the Realme would bee ingrossed into the hands of Strangers Canonicall Elections of Prelats would be abolished workes of Charity would cease the founders true PatroÌ„s of Churches would be disenherited the Kings Counsell would bee weak'ned the whole kingdome impouerished the lawes rights of the Realme destroyed Vppon this complaint it was resolued in Parliament that these oppressions greeuances should not be suffted in any manner thereore it was enacted that the King his Subiects should thenceforth enioy thei rights of Patronage that free elections of Archbishops Bishops and other Prelates electiue should bee made according to the auncient graunts of the Kings progenitors other founders that no Bulls of Prouision should be put in execution but that the Prouisors should be attached fined ransomed at the Kings will withall imprisoned till they had renounced the benefits of their Bulls satisfied the partie greeued and giuen suerties not to committ the like offence againe These lawes made by such as did professe the Romish Religion Nowe Maister Lalor what thinke you of these things did you beleeue that such lawes as these had beene made against the Pope 200. 250. 300. yeares since was King Henr. 8. the first Prince that opposed the Popes vsurped authority were our Protestants the first Subiects that euer complained of the Court of Rome of what Religion thinke you were the propoundors and enactors of these lawes were they good Catholikes or good Subiects or what were they You will not say they were Protestants for you will not admitt the reformed Religion to bee so auncient as those times neither can you say they were vndutiefull for they stroue to vpohold their liege Lords Soueraignety Doubtelesse the people in those daies did generally embrace the vulgar errours and superstitions of the Romish Church and in that respect were Papists as well as you but they had not learned the newe doctrine of the Popes Supremacie and transcendent authority ouer Kings They did not beleeue hee had power to depose Princes and discharge Subiects of their alleageance to abrogate the fundamentall lawes of kingdomes and to impose his Canons as binding lawes vppon all nations without their consents they thought it a good point of Religion to bee good Subiects to honor their King to loue their country and to mantaine the lawes and liberties thereof howsoeuer in other points they did eâ—re and were mislead with the Church of Rome So as now Maister Lalor you haue no excuse no euasion but your conscience must condemne you as well as the lawe since the lawemakers in all ages and all religious Papists and Protestants doe condemne you vnlesse you thinke your selfe wifer then all the Bishops that were then in England or all the Iudges who in those daies were learned in the Ciuill and Canon lawes as well as in the Common lawes of England Lawes against Proâ—isors made in Ireland But you being
an Irish man will say perhaps these lawes were made in England and that the Irish Nation gaue no particular consent therevnto onely there was an implicite consent wrapt and folded vp in generall tearmes giuen in the statute of â—0 Henr. 7. cap. 22. whereby all statutes made in England are establisht and made of force in Ireland Assuredly though the first Parliament held in Ireland was after the first lawe against Prouisors made in England yet haue there beene as many particular lawes made in Ireland against Prouisions Citations Bulls and Breâ—ues of the Court of Rome as are to bee found in all the Parliament Rolls in England What will you say if in the selfe same Parliament of 10. Henr 7. cap. 5. a speciall lawe were made enacting authorising and confirming in this Realme all the statutes of England made against Prouisors if before this the like lawe were made 32. Henr. 6. cap 4. and againe 28 Henr. 6 cap. 30 the like And before that the like lawe were made 40. Edw. 3 cap. 13. in the famous Parliament of Kilkenny If a statute of the same nature were made 7. Edw 4. cap 2. and a seuerer lawe then all these 16. Edw 4 cap. 4. That such as purchase any Bulls of Prouision in the Court of Rome as soone as they haue published or executed the same to the hurt of any incumbent should bee adiudged traytors which Act if it bee not repealed by the statute of Queene Mary may terrifie Maister Lalor more then all the Actes which are before remembred But let vs ascend yet higher to see when the Popes vsurpation which caused all these complaints began in England with what successe it was continued and by what degrees it rose to that heigth that it weiny ouer topp't the Crowne whereby it will appeare whether hee had gained a title by prescription by a long and quiet possession before the making of these lawes When the Pope began first to vsurpe vpon theliberties of the Crowne of England The first encrochment of the Bishop of Rome vppon the liberties of the Crowne of England was made in the time of King William the Conquâ—ror For before that time the Popes writt did not runne in England his Bulls of excommunication and prouision came not thither no citation no appeales were made from thence to the Court of Rome Our Archbishops did not purchase their Palls there neither had the Pope the inuestiture of any of our Bishopricks A comparison of the spirituall Monarchy of y t Church with the teÌ„porall Monarchies of the world For it is to bee obserued that as vnder the Temporall Monarchie of Rome Brittany was one of the last Prouinces that was wonne and one of the first that was lost againe So vnder this spirituall Monarchy of the Pope of Rome England was one of the last countries of Christendome that receaued his yoke and was againe one of the first that did reiect and cast it of And truely as in this so in diuers other points the course of this spirituall Monarchy of the Pope may bee aptlie compared with the course of the temporall Monarchies of the world For as the temporall Monarchies were first raised by intrusion vppon other Princes and Common-weales so did this spirituall Prince as they now 〈◊〉 him growe to his greatnes by vsurping vppon other States and Churches As the temporall Monarchies following the course of the Sunne did rise in the East and settle in the West so did the Hierarchie or gouernment of the Church Of the foure temporall Monarchies the first two were in Asia the later two in Europe but the Romane Monarchy did surpasse and suppresse them all So were there foure great Patriarches or Ecclesiasticall Hierarchies two in the East and two in the West but the Romane Patriarch exalted himselfe and vsurped a Supremacie aboue them all And as the rising of the Romane Empyre was most opposed by the State of Carthage in Affrica amula Romae Carthago So the Councell of Carthage and the Affrican Bishops did first forbid appeales to Rome and opposed the Supremacie of the Pope And doth not Daniels image whose head was of gold and legges and feete of iron and clay represent this spirituall Monarchy as wâ—ll as the temporall whereas the first Bishops of Rome were golden Priests though they had but wooden Chalices and that the Popes of later times haue beene sor the most part worldly and earthly minded And as the Northern Nations first reuolted from the Romane Monarchy and at last brake it in peeces haue not the North and Northwest Nations first fallen away from the Papacie and are they not like in the end to bring it to ruine The Pope had no iurisdiction in England in the time of the Brittons But to returne to our purpose The Bishop of Rome before the first Norman Conquest had no iurisdiction in the Realme of England neither in the time of the Brittons nor in the time of the Saxons Eleutherius the Pope within lesse the 200. yeares after Christ writes to Lucius the Brittish King and calls him Gods vicar within his kingdome which title hee would not haue giuen to that King if himselfe vnder pretence of being Gods Vicar generall in earth had claimed iurisdiction ouer all Christian kingdomes Pelâ—gius the Moncke of Bangor about the yeare 400. being cited to Rome refused to appeare vppon the Popes citation affirming that Brittany was neither within his Dioces nor his prouince After that about the yeare 600. Augustine the Moncke was sent by Gregory the great into England to conuert the Saxons to Christian Religion the Brittish Bishops then remayning in Wales regarded not his Commission nor his doctrine as not owing any dutie nor hauing any dependancie on the Court of Rome but still retained their ceremonies and traditions which they receaued from the East Church vppon the first plantation of the faith in that Iland being diuers and contrarie to those of the Church of Rome which Augustine did endeaunor to impose vppon them The like doth Beda write of the Irish priests and Bishops For in the yeare 660 hee reporteth that a conuocation of the Cleargie being called by King Oswif there rose a disputation betweene Colman one of our Irish Saints then present in that Synod and Wâ—lfrid a Saxon priest touching the obseruation of Easter wherein the Brittish and Irish Churches did then differ from the Church of Rome Colman for the celebration of Easter vsed in Ireland affirmed it was the same quod beatus Euangelista â—oannes discipulus specialiter â Domino dilectus in omnibus quibus praerat Ecclesijs celebrasse legitur On the other part Wilsrid alleaged that all the Churches of Christendome did then celebrate Easter after the Romane manner except the Churches of the Brittons and Picts qui contra totum orbem said hee stulto labore pugnant Wherevnto Colman replied Miror quarâ— stultum laborem appellas in quo tanti Apoâ—â—oli qui super pectus Domini
recumbere dignus suit exempla sectamur Nunquid reuerendissimum patrem nostrum Columbam eius successores viros à Deo dilectos diuâ—nis pagâ—â—â—s contraria sapuisse aut egisse credendum est In this disputation or dialogue two things may bee obserued first that at this time the authority of the Bishop of Rome was of no estimation in these Ilands next that the Primitiue Churches of Briâ—tany and Ireland were instituted according to the forme and discipline of the East Churches and not of the West and planted by the disciples of Iohn and not of Peter Thus much for the time of the Brittons The Pope had no iurisdiction in England in the time of the Saxons For the Saxons though King Ina gaue the Peter pence to the Pope partly as Almes and partly in recompence of a house erected in Rome for entertainment of English pilgrimes yet it is certaine that Alfred and Athelstane Edgar and Edmund Canutus and Edward the Consessor and diuers other Kings of the Saxon race did giue all the Bishopricks in England Per annulum baculum without any other ceremony as the Emperour and the French King and other Christian Princes were wont to doe They made also seuerall lawes for the gouernment of the Church Among others Saint Edward begins his lawes with his protestation that it is his Princely charge Vt populum Domini super omnia sanctam Ecclesiam regat guberâ—et And King Edgar in his Oration to his English Cleargie Egâ— saieth hee Constantini vos Petri gladium habetis iungamus dextras gladium gladio copulemus vt ciâ—ciantur extra Castra leprosi purgetur sanctuarium Domini So as the Kings of England with their owne Cleargie did gouerne the Church and therein sought no ayd of the Court of Rome And the troth is that though the Pope had then long hands yet hee did extend them so farre as England bycause they were full of businesse neerer home in drawing the Emperour and the French King vnder his yoke The first vsurpatioÌ„ of the Pope vpon the crowne began in the time of king William the CoÌ„querour But vppon the conquest made by the Norman hee apprehended the first occasion to vsurpe vppon the liberties of the Crowne of England For the Conquâ—rour came in with the Popes Banner and vnder it wonne the battaile which gott him the garland and therefore the Pope presumed hee might boldly plucke some flowers from it being partly gained by his countenance and blessing Heerevppon hee sent two Legates into England which were admitted and receaued by the Conquerour With them hee called a Synod of the Clergie and deposed old Stigand Archbishop of Canterbury bycause he had not purchased his Pal in the Court of Rome hee displaced many Bishops and Abbots to place his Normans in their Romes By sending Legates into England And amongst the the rest it is to bee noted that the King hauing earnestly moued Wolstan Bishop of Worcester being then very aged to giue vp his staffe his answere was that hee would giue vp his staffe onely to him of whome hee first receaued the same Inter Epist Lanfr Archiepiscopi Cant. M. S. in Archiâ— Robert Coâ—â—on Eq. Aur. And so the old man went to Sanit Edwards Tombe and there offred vp his staffe and Ring with these words Of thee O holy Edward I receaued my staffe and my Ring and to thee I doe now surrender the same againe which pâ—oues that before the Norman Conquest the King did inuest his Bishops per annulum baculum as I said before In the time of William Ruffus the Pope atteÌ„pted to draw appeales to Rome but prâ—uailed not Thus wee see by the admission of the Popes Legates the first step or entrie made into his vsurped iurisdiction in England Albeit the King still retained the absolute power of inuesting Bishops and seemed onely to vse the aduise and assistance of the Legates in Ecclesiasticall matters for that no decâ—ee passed or was put in execution without his Royall assent therevnto Besides how farre forth hee submitted himselfe to the Pope it appeareth by a short Epistle which hee wrote to Gregory the. 7. in this forme Excellentissimo sanctae Ecclesiae Pastori Gregâ—rio gratia Dei anglorum Rex Dux Normannorum Willielmus salutem cum Aâ—…icitia Hubertus Legatus tâ—us Religiose Pater ad me veâ—iens ex tua parte me admonuit vt tibi successoribus tuis fidâ—lâ—tatem facerem de pecunia quam antecessores mei ad Romanâ—â— Ecclesiam â—â—â—…ere solebant melius cogiâ—arem Vnum admisi alterum non admisâ— fidelitatem facere nolui nec volo quia â—â—c ego promisi ncc antecessores â—â—os antecessoribus tuis id secrsse comperio Pecuâ—ia tribus ferè annis in Gallijs me agente negligentur collecta est nunc vâ—ro diâ—ina misericordia me in Regnum meum reuersâ— quod Collectum est per praefatum Legatum mittetur quod reliquum est per Legatos Lanâ—ranci Archichiscopi â—â—delis nostri cum opportunum fuerit transmittetur c. But in the time of his next successor King William Rufus they attempted to passe one degree farther that is to drawe appeales to the Court of Rome For Anselme being made Archbishop of Cauterbury and being at some difference with the King besought his leaue to goe to Rome vnder pretence of fetching his Pall. The King knowing hee would appeale to the Pope denied him leaue to goe and withall told him that none of his Bishops ought to bee subiect to the Pope but the Pope himselfe ought to bee subiect to the Emperour and that the King of England had the same absolute liberties in his Dominions as the Emperour had in the Empyre And that it was an auncient custome and lawe in England vsed time out of minde before the Conquest that none might appeale to the Pope without the Kings leaue and that hee that breaketh this lawe or custome doth violate the Crowne and dignitie Royall and hee that violates my Crowne saieth hee is mine enemie and a traytor How answere you this quoth the King Christ himselfe answeres you saith the Archbishop Tu es Petrus super hanc petram c. Wherewith the King was nothing satisfied And therevppon Anselme departing out of the Realme without licence the King seised his temporalities and became so exasperate and implacable towards the Bishop as hee kept him in perpetuall exile during his Raigne albeit great intercession were made for his returne as well by the Pope as the King of France In the time of king HeÌ„ry the first the Pope vsurpeth the donation of Bishopricks c. In the time of the next King Henr 1. though hee were a learned and a prudent Prince yet they sought to gaine a further point vppon him and to plucke a flower from his Crowne of greater value namely the patronage and donation of Bishoprickes and all other benefices Ecclesiasticall For Anselme being reuok't
a high contempt against the Crowne to bring in Bulls of Prouision or breeses of citation and accordingly the law was so declared in Parliament 25. Edw. 1. which was the first statute made against Prouisors the execution of which law during the life of King Edw. 1. did welny abolish the vsurped iurisdiction of the Court of Rome and did reuiue and restore againe the auncient and absolute Soueraigntie of the King and Crowne of England His successor King Edw. 2. being but a weake Prince the Pope attempted to vsurpe vppon him againe but the Peeres and people withstood his vsurpation E. 2. suffereth the pope to vsurpâ— againe And when that vnhappy King was to bee deposed among many articles framed against him by his enemies this was one of the most heynous that he had giuen allowance to the Popes Bulls Againe during the minority of King Edw. 3. and after that in the heat of the warres in France the Pope sent many Breefes and Bulls into England and at last presumed so farre as that he gaue an Italian the title of a Cardinall in England and withall by his Bull gaue him power to bestow all Ecclesiasticall promotions as they should fall void from time to time E. 3. resisteth the vsur pation of the pope This moued the King and Nobility to write to the Pope to this effect wee our auncestors haue richly indowed the Church of England and haue founded Abbeyes other religious houses for the instruction of our people for maintenance of hospitality and for the aduancement of our countrymen and kinsmen Now you prouide and place strangers in our benefices that come not to keepe residence there vppon and if they come vnderstand not our language and some of them are subiects to our mortall enemies by reason whereof our people are not instructed hospitalitie is not kept our schollers are vnpreferred the treasure of the Realme is exported The Pope returneth answere that the Emperour had lately submitted himselfe to the Church of Rome in all points and was become the Popes great friend and in menacing manner aduised the King of England to doe the like The King replies that if the Emperour and french King both should take his part he was ready to giue battaile to both in defence of the liberties of his Crowne Herevppon the seuerall statutes against prouisors besore recited were put in execution so seuerely as the King and his subiects enioyed their right of patronage cleerely and their exemption of clarkes tooke no place at all for that the Abbot of Waltham and Bishop of Winchester were both attainted of high contempts and the Bishop of Ely of a capitall offence as appeareth in the Records of this Kings raigne King Rich. 2. Yet during the nonage of Richard 2. they began once againe to encroach vppon the crowne by sending Legates and Bulls and breefes into England whereof the people were so sensible and impatient as that at their speciall prayer this law of 16. Rich. 2. Wherevppon our indictment is framed was enacted being more sharpe and penall then all the sormer statutes against prouisors And yet against this King as against Edw. 2. it was obiected at the time of his depriuation that he had allowed the popes bulls to the enthralling of the Crowne Aster this in the weake time of King Henr. 6. they made one attempt more to reuiue their vsurped iurisdiction by this policy The Commons had denied the King a Subsidy when he stood in great want of monyes The Archbishop of Canterbury the rest of the Bishops offered the King a large suppâ—â—e of his wants if hee would consent that all the lawes against prouisors and specially this law of 16 Rich. 2. might be repealed But Hâ—â—frey Duke of â—â—â—câ—ster who had lately before cast the popes Bull into the siâ—e did likewise cause this motion to be reiected So as by speciall prouidence these lawes haue stood in force euen till this day in both these kingdomes The euideÌ„ce against Lalor Then the Atturney generall descended to the euidence whereby hee proued fully all the partes of the indictement First it was proued by Lalors owne confession vppon seuerall examinations taken besore the Lord Deputie and Lord Chauncellor and others that he had accepted the office and title of Vicar generall in the Dioceses of Dublin Kildare and Fernes by vertue of the popes Bull. Secondly it appeared by the copies of sundry letters found among his papers at his apprehension that he styled himselfe the popes Vicar in this forme Robertus Dublinien Kildaren Fernen Dâ—oâ—â—s Vicarius Apostolicus Thirdly there were produced the copies of diuers Acts and Instruments written for the most part with Laâ—ors owne hand some of institutions of popish priests to benefices others of dispensations with mariage within the degrees others of diuorces others of dispensation for non payment of Tâ—ethes Whereby it was manifestly proued that he did execute the popes Bull in vsurping and exercising Episcopall iuâ—â—sdiction as Vicar generall of the Sea Apostolike within the Dioceses before named To this euidence he made a threefold answere first that he was no suitor for the office of Vicar generall but it was imposed on him and hee accepted it virtute obediâ—ntiae onely to obey his Superiors next that he did exercise the office of Vicar generall in foro conscientiae tantum and not in foro iudicij And lastly that those copies of institutions dispensations and diuorces were many of them written with his mans hand as precedents of such acts and instruments without his priuity or direction Herevppon Sir Iames Ley chiefe Iustice told him that hee could not well say that hee accepted that vnlawfull office virtute obedientiae for there was no vertue in that obedience that he ow'd an obedience to the lawe to the King who is the true Superior and Soueraigne ouer all his subiects and hath no Peere within his dominions and that the Superiors whome he meant and intended were but vsurpers vppon the Kings iurisdiction and therefore this excuse did aggrauate his contempt in that it appeared he had vowed obedience to those who were apparant enemies to the King and his Crowne And though it were manifest that he exercised iurâ—sdiction in foro iudicij for euery institution is a iudgement and so is euerie sentence of diuorce yet were his offence nothing diminished if he had executed his office of Vicar generall in foro conscientiae tantum for the court of mans conscience is the highest tribunall and wherein the power of the keyes is exercised in the highst degree Lalors confession publikly read Herevnto the Atturney generall tooke occasion to add thus much that Lalor had committed these high offences not only against the lawe but against his owne conscience and that he was already condemned in â—oro conscintiae For that he vppon his second examination had voluntarily acknowledged himselfe not to be a lawfull Vicar generall that he thought in his