the Treasure and riches of the land carried away the Subjects of the Realm molested and impoverished the Benefices of Holy Church wasted and destroyed Divine service Hospitalitie Almsdeeds and other works of charitie neglected Again 27 Edw. 3. cap. 1. upon the grievous and clamorous complaint for that phrase is there used of the great men and Commons touching Citations and Provisions it is enacted That the offenders shall forfeit their lands goods and chattels and their bodies be imprisoned and ransomed at the King's will But in the Statute of 25 Edw. 3. wherein the first Law against Provisors made 25 Edw. 1. is recited there is a larger declaration of these inconveniences then in the two last Acts before mentioned For there all the Commons of the Realm do grievously complain That whereas the Holy Church of England was first founded in estate of Prelacie by the Kings and Nobilitie of that Realm and by them endowed with great possessions and revenues in lands rents and Advowsons to the end the people might be informed in Religion Hospitality might be kept and other works of Charitie might be exercised within the Realm And whereas the King and other founders of the said Prelacies were the rightfull Patrons and Adowees thereof and upon avoidance of such Ecclesiasticall promotions had power to advance thereunto their kinsmen friends and other learned men of the birth of that Realm which being so advanced became able and worthy persons to serve the King in Counsell and other places in the Commonweal The Bishop of Rome usurping the Seigniory of such possessions and Benefices did give and grant the same to Aliens which did never dwell in England and to Cardinals which might not dwell there as if he were rightfull Patron of those Benefices whereas by the Law of England he never had right to the Patronage thereof whereby in short time all the Spirituall promotions in the Realm would be ingrossed into the hands of Strangers Canonicall elections of Prelates would be abolished works of Charity would cease the founders and true patrons of Churches would be disinherited the King's Counsell would be weakened the whole Kingdome impoverished and the Laws and rights of the Realm destroyed Upon this complaint it was resolved in Parliament That these oppressions and grievances should not be suffered in any manner and therefore it was enacted That the King and his Subjects should thenceforth enjoy the rights of patronage That free elections of Archbishops Bishops and other Prelates elective should be made according to the ancient grants of the King's Progenitors and their founders That no Bulls of Provision should be put in execution but that the Provisors should be attached fined and ransomed at the King's will and withall imprisoned till they had renounced the benefits of their Bulls satisfied the partie grieved and given sureties not to commit the like offence again Now Master Lalor what think you of these things Did you believe that such Laws as these had been made against the Pope 200 250 300 years since Was King Hen. 8. the first Prince that opposed the Pope's usurped Authority Were our Protestants the first Subjects that ever complained of the Court of Rome Of what Religion think you were the propounders and enacters of these Laws Were they good Catholicks or good Subjects or what were they You will not say they were Protestants for you will not admit the Reformed Religion to be so ancient as those times neither can you say they were undutifull for they strove to uphold their liege Lord's Sovereignty Doubtless the people in those days 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 new doctrine of the Pope's Supremacie and transcendent authority over Kings they did not believe he had power to depose Princes and discharge Subjects of their allegeance to abrogate the fundamentall Laws of Kingdomes and to impose his Canons as binding laws upon all nations without their consents they thought it a good point of Religion to be good Subjects to honour their King to love their country and to maintain the laws and liberties thereof howsoever in other points they did erre and were miss-led with the Church of Rome So as now Master Lalor you have no excuse no evasion but your conscience must condemn you as well as the Law since the Law-makers in all Ages and all religious Papists and Protestants do condemn you unless you think your self wiser then all the Bishops that were then in England or all the Judges who in those days were learned in the Civil and Canon Laws as well as in the Common Laws of England But you being an Irish man will say perhaps these Laws were made in England and that the Irish Nation gave no particular consent thereunto onely there was an implicite consent wrapt and folded up in generall terms given in the Statute of 10 Hen. 7. cap. 22. whereby all Statutes made in England are established and made of force in Ireland Assuredly though the first Parliament held in Ireland was after the first Law against Provisors made in England yet have there been as many particular Laws made in Ireland against Provisions Citations Bulls and Breves of the Court of Rome as are to be found in all the Parliament-Rolls in England What will you say if in the self-same Parliament of 10 Hen. 7. cap. 5. a special Law were made enacting authorizing and confirming in this Realm all the Statutes of England made against Provisors if before this the like Law were made 32 Hen. 6. cap. 4. and again 28 Hen. 6. cap. 30. the like and before that the like Law 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 severer Law then all these 16 Edw. 4. cap. 4. That such as purchase any Bulls of Provision in the Court of Rome as soon as they have published or executed the same to the hurt of any incumbent should be adjudged traitors Which Act if it be not repealed by the Statute of Queen Mary may terrifie Master Lalor more then all the Acts which are before remembred But let us ascend yet higher to see when the Pope's Usurpation which caused all these complaints began in England with what successe it was continued and by what degrees it rose to that height that it well-nigh over-topp'd the Crown whereby it will appear whether he had gained a circle by prescription by a long and quiet possession before the making of these Laws The first encroachment of the Bishop of Rome upon the liberties of the Crown of England was made in the time of King William the Conqueror For before that time the Pope's Writ did not run in England his Bulls of Excommunication and Provision came not thither no Citation no Appeals were made from thence to the Court of
waters Yet during this King's reign they wone that point of jurisdiction which they attempted to get but failed thereof in the time of King William Rufus namely That Appeals might be made to the Court of Rome For in a Synod at London summoned by Henr. Bishop of Winchester the Pope's Legate it was decreed That Appeals should be made from Provinciall Councils to the Pope Before that time Appellationes in usu non erant saith a Monk of that time donec Henricus Winton Episcopus malo suo dum Legatus esset crudeliter intrusit Thus did the Pope usurp three main points of Jurisdiction upon three severall Kings after the Conquest for of William Rufus he could win nothing namely upon the Conquerour the sending of Legates or Commissioners to hear and determine Ecclesiasticall causes upon Hen. 1. the Donation and Investiture of Bishopricks and other Benefices upon King Stephen the Appeals to the Court of Rome Now are we come to King Hen. 2. in whose time they made a farther encroachment upon the Crown whereby they endeavoured to make him but half a King and to take away half his Subjects by exempting all Clerks from Secular power Hereupon rose that long and great contention between King Hen. 2. and Thomas Becket which on Becket's behalf may be rightly termed rebellion and treason the just cause and ground whereof was the same that made the late difference between the Pope and the Venetians For a Priest had committed a foul murther and being thereof indicted and convicted prayed the benefit of his Clergie which being allowed unto him he was delivered to the Bishop of Salisbury being his Ordinary to make his purgation which the murtherer failing to doe should by the Law have been degraded and delivered back to the Secular power But the Bishop contemning the Law of the land to enlarge the liberties of the Church sent his prisoner to Thomas Becket then Archbishop of Canterbury who shifted him into an Abbey and so rescued him from the capital punishment he had justly deserved This gap of impunitie being once opened the Clergie grew so outrageous as the King was informed of a hundred murthers committed by Clerks and yet not one of them executed for the same for that the Archbishop had protected them all after the same manner For this the King was justly incensed against the Archbishop who justified his doing herein Whereupon a common Council as well of the Bishops as of the Nobility was called wherein they did revive and re-establish the ancient laws and customes of the Kingdome for the government of the Clergie and ordering of causes Ecclesiasticall whereof these were the principal Heads or Articles 1. That no Bishop nor Clerk should depart the Realm without the King's licence and that such as obtained licence should give sureties that they should procure no hurt or damage to the King or Realm during their absence in forrein parts 2. That all Bishopricks and Abbeys being void should remain in the King's hands as his own demesnes untill he had chosen and appointed a Prelate thereunto and that every such Prelate should doe his homage to the King before he were admitted unto the place 3. That Appeals should be made in causes Ecclesiasticall in this manner from the Archdeacon to the Ordinary from the Ordinary to the Metropolitan from the Metropolitan to the King and no farther 4. That Peter-pence should be paid no more to the Pope but to the King 5. That if any Clerk should commit Felony he should be hanged if Treason he should be drawn and quartered 6. That it should be adjudged high Treason to bring in Bulls of Excommunication whereby the Realm should be cursed 7. That no Decree should be brought from the Pope to be executed in England upon pain of imprisonment and confiscation of goods To these and other Constitutions of the like nature made at Claringdon all the rest of the Bishops and great men did subscribe and bound themselves by oath to observe the same absolutely onely the Archbishop would not subscribe and swear but with a Saving salvo suo ordine honore sanctae Ecclesiae yet at last he was content to make the like absolute Subscription and Oath as the rest had done but presently he repented and to shew his repentance suspended himself from celebrating Masse till he had received absolution from the Pope Then he began to maintain and justifie the exemption of Clerks again whereat the King's displeasure was kindled anew and then the Archbishop once again promised absolute obedience to the King's Laws See the fickleness and mutability of your constant Martyr The King to bind fast this slippery Proteus called a Parliament of the Bishops and Barons and sending for the Roll of those Laws required all the Bishops to set their Seals thereunto They all assented but the Archbishop who protested he would not set his Seal nor give allowance to those Laws The King being highly offended with his rebellious demeanour required the Barons in Parliament to give Judgement of him who being his Subject would not be ruled by his Laws Citò facite mihi justitiam de illo qui homo meus ligeus est stare Juri in Curia mea recusat Whereupon the Barons proceeding against him and being ready to condemn him I prohibit you quoth the Archbishop in the name of Almighty God to proceed against me for I have appealed to the Pope and so departed in contempt of that high Court Omnibus clamantibus saith Hoveden Quò progrederis proditor exspecta audi judicium tuum After this he lurked secretly near the Sea-shore and changing his apparell and name like a Jesuit of these times he took shipping with a purpose to fly to Rome but his passage being hindered by contrary winds he was summoned to a Parliament at Northampton where he made default wilfully for which contempt his Temporalties were seized and his body being attach'd he was charged with so great an account to the King as that he was found in arrear thirty thousand marks and committed to prison whence he found means to escape shortly after and to passe out of the Realm to Rome He was no sooner gone but the King sends Writs to all the Sherifs in England to attach the bodies of all such as made any Appeals to the Court of Rome Hereupon many messages and letters passing to and fro all the Suffragans of Canterbury joyn in a letter to the Pope wherein they condemn the fugitive Archbishop and justifie the King's proceedings Upon this the Pope sends two Legates to the King being then in Normandy to mediate for the Archbishop They with the mediation of the French King prevailed so far with King Henry as that he was pleased to accept his submission once again and promised the King of France that if he would be obedient to his Laws he should enjoy as ample liberties as any Archbishop of Canterbury ever had and so sent him into England with
that is to say the Archbishops Bishops and other Prelates being in the Parliament severally examined making protestations that it was not their mind to deny or affirm that the Bishop of Rome might not excommunicate Bishops nor that he might make Translation of Prelates after the Law of Holy Church answered and said That if any Executions or Processes in the King's Court as before were made by any and censures of Excommunications be made against any Bishop of England or any other of the King's liege people for that they had made execution of such commandments and that if any executions of such Translations be made of any Prelats of the same Realm which Prelats were very profitable and necessary to the King and to his said Realm or that his sage men of his Council without his assent and against his will be withdrawn and eloigned out of the Realm so that the substance and Treasury of the Realm might be destroyed that the same was against the King and his Crown as it was contained in the Petition before named And likewise the same Procurators every one by himself examined upon the said matters did answer and say in the name and for their Lords as the said Bishops had said and answered And that the said Lords Spiritual would and ought to stand with the King in these cases lawfully in maintaining of his Crown and in all other cases touching his Crown and his Regalty as they were bound by their Allegeance Whereupon the King by the assent aforesaid and at the prayer of his said Commons did ordain and establish That if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunication Bulls Instruments or any other things which touched the King their Lord against him his Crown and his Regalty or his Realm as is aforesaid and they which bring them within the Realm or them receive or make thereof notification or any other execution within the same Realm or without that they their notorious procurators maintainers fautors and counsellors should be put out of the King's protection and their lands and tenements goods and chattels forfeit to the King and they be attached by their bodies if they may be found and brought before the King and his Council there to answer to the cases aforesaid or that processe be made against them by Premunire facias as it is ordained in other Statutes of Provisors and others which do sue in any other Court in derogation of the Regalty of the King as by the said Act also appeareth In the Reign of King Henry the Fourth IT is resolved that the Pope's Collector though he have the Pope's Bulls for that purpose hath no Jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the King's Spirituall Judges By the ancient Laws Ecclesiasticall of this Realm no man could be convicted of Heresie being high Treason against the Almighty but by the Archbishop and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in their general Council of Convocation But the Statute 2 H. 4. cap. 15. doth give the Bishop in his Diocese power to condemn an Heretick And before that Statute he could not be committed to the Secular power to be burnt untill he had once abjured and was again relapsed to that or some other Heresie Whereby it appeareth that the King by consent of Parliament directed the proceedings in the Ecclesiasticall Court in case of Heresie and other matters more spirituall The Pope cannot alter the Laws of England The Judges say that the Statutes which restrain the Pope's Provisions to the Benefices of the advowsons of Spiritual men were made for that the Spiritualty durst not in their just cause say against the Pope's Provisions So as those Statutes were made but in affirmance of the Common Laws Excommunication made by the Pope is of no fore in England and the same being certified by the Pope into any Court in England ought not to be allowed neither is any Certificate of any Excommunication available in law but what is made by some Bishop of England for the Bishops are by the Common Laws the immediate Officers and Ministers of justice to the King's Courts in Causes Ecclesiasticall If any Bishop do excommunicate any person for a Cause that belongeth not unto him the King may write unto the Bishop and command him to assoil and absolve the party If any person of Religion obtain of the Bishop of Rome to be exempt from obedience Regular or ordinary he is in case of Premunire which is an offence as hath been said contra Regem Coronam Dignitatem suas The Commons did grievously complain to the King at the Parliament holden in the 6. year of H. 4. of the horrible mischiefs and damnable customes which then were introduct of new in the Court of Rome that no person Abbot or other should have provision of any Archbishoprick or Bishoprick which should be void till he had compounded with the Pope's Chamber to pay great and excessive sums of money as well for the First-fruits of the same Archbishoprick or Bishoprick as for the other lesse Services in the same Court and that the same sums or the greater part thereof be paid before hand which sums passed the treble or the double at the least of that that was accustomed of old time to be paid in the said Chamber and otherwise by the occasions of such Provisions whereby a great part of the Treasury of this Realm had been brought and carried to the said Court and also should be in time to come to the great impoverishing of the Archbishops and Bishops within the same Realm and elsewhere within the King's dominions if convenient remedy were not for the same provided The King to the honour of God as well to eschew the dammage of this Realm as the perils of their souls which owen to be advanced to any Archbishopricks and Bishopricks within the Realm of England and elsewhere within the King's dominions out of the same Realm by the advice and assent of the Great men of his Realm in the Parliament did ordain and establish That they and every of them that should pay to the said Chamber or otherwise for such Fruits and Services greater sums of mony then had been accustomed to be paid in old time past they and every of them should incur the forfeiture of as much as they may forfeit towards the King as by the said Act appeareth No person Religious or Secular of what estate or condition that he were by colour of any Bulls containing priviledges to be discharged of Tithes pertaining to Parish-churches Prebends Hospitals Vicarages purchased before the first year of King Richard the 2. or after and not executed should put in execution any
Subjects to live that perswaded his Subjects that he was no lawfull King and practised with them within the heart of this Realm to withdraw them from their Allegeance and Loyalty to their Sovereign the same being crimen laesae Majestatis by the ancient Laws of this Realm BY this and by all the Records of the Indictments it appeareth that these Jesuites and Priests are not condemned and executed for their Priesthood and Profession but for their treasonable and damnable Perswasions and Practices against the Crowns and Dignities of Monarchs and absolute Princes who hold their Kingdoms and Dominions by lawful Succession and by inherent Birth-right and descent of inheritance according to the fundamental Laws of this Realm immediately of Almighty God and are not Tenants of their Kingdomes as they would have it at the will and pleasure of any forrein Potentate whatsoever Now albeit the proceedings and process in the Ecclesiastical Courts be in the name of the Bishops c. it followeth not therefore that either the Court is not the King 's or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lord's name and yet it is the King's Court and all the proceedings therein are directed by the King's Laws and many subjects in England have and hold Courts of Record and other Courts and yet all their proceedings be according to the King's Laws and the Customes of the Realm Observe good Reader seeing that the determination of Heresies Schisms and Errours in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Discents and Inheritances of probate of Testaments and letters of Administration without which no debt or dutie due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick authority authorize Ecclesiasticall Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the King's Laws Ecclesiastical Which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdome to all their Subjects and in all Causes 2. That the Kings of England should be furnished upon all occasions either forrein or domestical with learned Professors as well of the Ecclesiasticall as Temporall Laws THus hath it appeared as well by the ancient Common Laws of this Realm by the Resolutions and Judgements of the Judges and Sages of the Laws of England in all succession of ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdome of England is an absolute Monarchy and that the King is the onely Supreme Governour as well over Ecclesiasticall persons and in Ecclesiastical causes as Temporal within this Realm to the due observation of which Laws both the King and the Subject are sworn I have herein cited the very words and texts of the Laws Resolutions Judgements and Acts of Parliament all publick and in print without any inference argument or amplification and have particularly quoted the books years leaves chapters and such like certain references as every man may at his pleasure see and reade the Authorities herein cited This Case is reported in the English and Latine tongues as some other Writers of the Law have done to the end that my dear Countrymen may be acquainted with the Laws of this Realm their own Birth-right and inheritance and with such evidences as of right belong to the same assuring my self that no wise or true-hearted English-man that hath been perswaded before he was instructed will refuse to be instructed in the truth which he may see with his own eyes lest he should be disswaded from errour wherewith blindfold he hath been deceived For miserable is his case and worthy of pity that hath been perswaded before he was instructed and now will refuse to be instructed because he will not be perswaded FINIS Of what quality and credit Robert Lalor was His apprehension and first examination His first inditement and conviction His second examination His confession or acknowledgement The Inditement of Lalor upon the stat of 16 Ric. 2. The true cause of making the Statute of 16 R. 2. and other Statutes against Provisors The Statute of Praemunire made at the prayer of the Commons The effect of the Statute of 16 R. 2. c. 5. The effect of the Statute of 38 Edw. 3. cap. 1. The Statute of 27 Ed. 3. cap. 1. The Statute of 25 Edw. 3. reciting the Statute of 25 Ed. 1. These Laws made by such as did professe the Romish Religion Laws against Provisors made in Ireland When the Pope began first to usurp upon the liberties of the Crâ—wn of England A comparison of the spiritual Monarchy of the Church with the temporal Monarchies of the world The Pope had no jurisdiction in England in the time of the Britans The first usurpation of the Pope upon the Crown began in the time of King William the Conquerour By sending Legates into England In the time of William Rufus the Pope attempted to draw Appeals to Rome but prevailed not In the time of K. Henry the first the Pope usurpeth the donation of Bishoprikks c. Histor Jornalensis M S. in Archiv Rob. Cotton Eq. Aur. In the time of King Stephen the Pope gained Appeals to the Court of Rome In the time of K. Henry 2. the Pope claimed exemption of Clerks from the Secular power A brief of Th. Becket's troubles or rather treasons The Constitutions of Claringdon Four points of jurisdiction usurped upon the crown of England by the Pope before the reign of K. John The cause of the quarrell between K. John and the Pope When Canonical election began first in England King John's round and Kingly Letter to the Pope The Pope curseth the King and interdicteth the Realm King Edw. 1. oppâ—seth the Pope's Vsurpation E. 2. suffereth the Pope to usurp again E. 3. resisteth the Vsurpation of the Pope King Rich. 2. The Evidence against Lalor Lalor's Confession publickly read When the distinction of Ecclesiasticall Spirituall causes from Civil and Temporal causes began in the world Caudrey's Case The objections of the Counsell of the Plaintif 1. 2. 3. 4. The resolutions of the Court to the 1. and 2. To the 3. To the 4. What causes belong to the Ecclesiasticall Court. see Circumspectè agatis 13 E. 1. W. 2. 13 E. 1. cap. 5. versus finem Artic. cleri 9 E. 2. 15 E. 3. c. 6.31 E. 3. cap. 11.2 H. 5. c. 7.1 H. 7. cap. 4.23 H. 8. cap.
when such persons have been attainted for Felons have prayed for to have them delivered as Clerks which were made Bigamy before the same Constitution It is agreed and declared before the King and his Council that the same Constitution shall be understood in this wise That whether they were Bigamy before the same Constitution or after they shall not from henceforth be delivered to the Prelates but Justice shall be executed upon them as upon other Lay people In an Act made at a Parliament holden at Carlile in the 25. year of the said King Ed. the First it is declared That the Holy Church of England was founded in the state of Prelacy within this Realm of England by the King and his Progenitors c. for them to inform the people in the Law of God and to keep Hospitality give Alms and doe other works of Charity c. And the said Kings in times past were wont to have the Advice and Counsel for the safeguard of the Realm when they had need of such Prelates The and Clerks so advanced The Bishop of Rome usurping the Seigniories of such Benefices did give and grant the same Benefices to Aliens which did never dwell in England and to Cardinals which might not dwell here c. in adnullation of the state of the Holy Church of England disherison of the King Earls Barons and other Nobles of the Realm and in offence and destruction of the Laws and Rites of this Realm and against the good disposition and will of the first Founders It was enacted by the King by assent of all the Lords and Comminalty in full Parliament That the said Oppressions Grievances and Dammages in this Realm from thenceforth should not be suffered as more at large appeareth by that Act. In the Reign of King Edward the Second ALbeit by the Ordinance of Circumspectè agatis made in the 13. year of Edw. 1. and by general allowance and usage the Ecclesiasticall Court held plea of Tithes Obventions Oblations Mortuaries Redemptions of penance Laying of violent hands upon a Clerk Defamations c. yet did not the Clergy think themselves assured nor quiet from Prohibitions purchased by Subjects untill that King Edw. the 2. by his Letters Patents under the great Seal in and by consent of Parliament upon the Petitions of the Clergy had granted unto them to have Jurisdiction in those cases The King in a Parliament holden in the 9. year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royall Assent in these words We desiring as much as of right we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergy ratifying and approving all and singular the said Answers which appear in the said Act and all and singular things in the said Answers contained We do for us and our Heirs grant and command that the same be inviolably kept for ever Willing and granting for us and our Heirs That the said Prelates and Clergy and their Successors for ever do exercise Ecclesiasticall Jurisdiction in the premisses according to the tenour of the said Answer In the Reign of King Edward the Third AN Excommunication by the Archbishop albeit it be disannulled by the Pope or his Legates is to be allowed neither ought the Judges to give any allowance of any such Sentence of the Pope or his Legate It is often resolved that all the Bishopricks within England were founded by the King's Progenitors and therefore the Advowsons of them all belong to the King and at the first they were donative And that if an Incumbent of any Church with Cure die if the Patron present not within 6 months the Bishop of that Diocese ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of 6 months the Metropolitan of that Diocese shall confer one to that Church And if he also leave the Church destitute by the space of 6 months then the Common Law giveth to the King as to the Supreme within his own Kingdome and not to the Bishop of Rome power to provide a competent Pastor for that Church The King may not onely exempt any Ecclesiasticall person from the Jurisdiction of the Ordinary but may grant unto him Episcopal Jurisdiction As thus it appeareth there the King had done of ancient time to the Archdeacon of Richmond All Religious or Ecclesiasticall Houses whereof the King was Founder are by the King exempt from ordinary Jurisdiction and onely visitable and corrigible by the King 's Ecclesiasticall Commission The Abbot of Bury in Suffolk was exempted fron Episcopall Jurisdiction by the King's Charter The King presented to a Benefice and his Presentee was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetuall imprisonment c. Tithes arising in places out of any Parish the King shall have for that he having the Supreme Ecclesiasticall Jurisdiction is bound to provide a sufficient Pastor that shall have the Cure of souls of that place which is not within any Parish And by the Common Laws of England it is evident that no man unlesse he be Ecclesiasticall or have Ecclesiasticall Jurisdiction can have inheritance of Tithes The King shall present to his free Chappels in default of the Dean by Lapse in respect of his Supreme Ecclesiasticall Jurisdiction And Fitzherbert saith that the King in that case doth present by Lapse as Ordinarie An Excommunication under the Pope's Bull is of no force to disable any man within England And the Judges said that he that pleadeth such Bulls though they concern the Excommunication of a Subject were in a hard case if the King would extend his justice against him If Excommunication being the extreme and final end of any Suit in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common Laws of England no Suit for any Cause though it be spiritual rising within this Realm ought to be determined in the Court of Rome Quia frustrà expectatur eventus cujus effectus nullus sequitur And that the Bishops of England are the immediate Officers and Ministers to the King's Courts In an Attachment upon a Prohibition the Defendant pleaded the Pope's Bull of Excommunication of the Plaintif The Judges demanded of the Defendant if he had not the Certificate of some Bishop within the Realm testifying this Excommunication To whom the Counsell of the Defendant answered that he had not neither was it as they supposed necessarie for that the Bulls of the Pope under Lead were notorious enough But it was adjudged that they were not sufficiet for that the Court ought not to ave regard to
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
Rome Our Archbishops did not purchase their Palls there neither had the Pope the Investiture of any of our Bishopricks For it is to be observed that as under the Temporal Monarchy of Rome Britany was one of the last Provinces that was wone and one of the first that was lost again so under the Spiritual Monarchy of the Pope of Rome England was one of the last Countries of Christendom that received his yoke and was again one of the first that did reject and cast it off And truly as in this so in divers other points the course of this Spiritual Monarchy of the Pope may be aptly compared with the course of the Temporal Monarchies of the world For as the Temporal Monarchies were first raised by intrusion upon other Princes and Commonweals so did this Spiritual Prince as they now style him grow to his greatness by usurping upon other States and Churches As the Temporal Monarchies following the course of the Sun did rise in the East and settle in the West so did the Hierarchy or government of the Church Of the four Temporal Monarchies the first two were in Asia the latter two in Europe but the Roman Monarchy did surpass and suppress them all So were there four great Patriarchs or Ecclesiastical Hierarchies two in the East and two in the West but the Roman Patriarch exalted himself and usurped a Supremacy above them all And as the rising of the Roman Empire was most opposed by the State of Carthage in Africa aemula Romae Carthago so the Council of Carthage and the African Bishops did first forbid Appeals to Rome and opposed the Supremacy of the Pope And doth not Daniel's Image whose head was of gold and legs and feet of iron and clay represent this Spiritual Monarchy as well as the Temporal whereas the first Bishops of Rome were golden Priests though they had but wooden Chalices and that the Popes of later times have been for the most part worldly and earthly-minded And as the Northern Nations first revolted from the Roman Monarchy and at last brake it in pieces have not the North and North-west Nations first fallen away from the Papacy and are they not like in the end to bring it to ruine But to return to our purpose The Bishop of Rome before the first Norman Conquest had no jurisdiction in the Realm of England neither in the time of the Britans nor in the time of the Saxons Eleutherius the Pope within less then 200 years after Christ writes to Lucius the British King and calls him God's Vicar within his Kingdom which title he would not have given to that King if himself under pretence of being God's Vicar-generall in earth had claimed jurisdiction overall Christian Kingdoms Pelagius the Monk of Bangor about the year 400 being cited to Rome refused to appear upon the Pope's citation affirming that Britain was neither within his Diocese nor his Province After that about the year 600 Augustine the Monk was sent by Gregory the Great into England to convert the Saxons to Christian Religion the British Bishops then remaining in Wales regarded not his Commission nor his doctrine as not owing any duty nor having any dependency on the Court of Rome but still retained their ceremonies and traditions which they received from the East Church upon the first plantation of the Faith in that Island being divers and contrary to those of the Church of Rome which Augustine did endeavour to impose upon them The like doth Beda write of the Irish Priests and Bishops For in the year 660. he reporteth that a Convocation of the Clergy being called by King Oswif there rose a disputation between Colman one of our Irish Saints then present in that Synod and Wilfrid a Saxon Priest touching the observation of Easter wherein the British and Irish Churches did then differ from the Church of Rome Colman for the celebration of Easter used in Ireland affirmed it was the same quod beatus Evangelâ—stâ— Joannes discipulus specialiter à Domino dilectus in omnibus quibus praeerat Ecclesiis eelebrâsse legitur On the other part Wilfrid alledged that all the Churches of Christendom did then celebrate Easter after the Roman manner except the Churches of the Britans and Picts qui contra totum orbem said he stulto labore pugnant Whereunto Colman replied Miror quare stultum laborem appellas in quo tanti Apostoli qui super pectus Domini recumbere dignus fuit exempla sectamur Numquid reverendissimum patrem nostrum Columbam ejus successores viros à Deo dilectos divinis paginis contraria sapuisse aut egisse credendum est In this disputation or dialogue two things may be observed first that at this time the authority of the Bishop of Rome was of no estimation in these Islands next that the Primitive Churches of Britany and Ireland were instituted according to the form and discipline of the East Churches and not of the West and planted by the Disciples of John and not of Peter Thus much for the time of the Britans For the Saxons though King Ina gave the Peter-pence to the Pope partly as Almes and partly in recompence of a house erected in Rome for entertainment of English pilgrims yet it is certain that Alfred and Athelstane Edgar and Edmund Canutus and Edward the Confessor and divers other Kings of the Saxon race did give 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 several Laws for the government of the Church Among others Saint Edward begins his Laws with this protestation that it is his Princely charge ut populum Domini super omnia sanctam Ecclesiam regat gubernet Aud King Edgar in his Oration to his English Clergy Ego saith he Constantinis vos Petri gladium habetis jungamus dextras gladium gladio copulemus ut ejiciantur extra castra leprosi purgetur sanctuarium Domini So as the Kings of England with their own Clergy did govern the Church and therein sought no aid of the Court of Rome And the troth is that though the Pope had then long hands yet he did not extend them so far as England because they were full of business nearer home in drawing the Emperour and the French King under his yoke But upon the Conquest made by the Norman he apprehended the first occasion to usurp upon the Liberties of the Crown of England For the Conquerour came in with the Pope's Banner and under it wone the battel which got him the garland and therefore the Pope presumed he might boldly pluck some flowers from it being partly gained by his countenance and blessing Hereupon he sent two Legates into England which were admitted and received by the Conquerour With them he called a Synod of the Clergy and deposed old Stigand Archbishop of Canterbury because he had
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 Mâ—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