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
as any other in Christendome his subjects should be judged by them in Ecclesiasticall matters and should not need to run out of their own country to beg Justice at the hands of strangers But what followed upon this The Pope after a sharp reply sendeth forth a Bull of Malediction against the King and of Interdiction against the Realm whereby all the Churches in England were shut up the Priests and Religious persons were forbidden to use any Liturgies or Divine service to marry to bury or to perform any Christian duty among the people This put the King into such a rage that he on the other part seized the Temporalties of all Bishops and Abbots and confiscated the goods of all the Clergie Then doth the Pope by a solemn sentence at Rome depose the King and by a Bull sent into England dischargeth his subjects of their allegeance and by a Legate sent to the King of France gave the Kingdome of England to him and his successours for ever These things brought such confusion and miserie to all estates and degrees of people in England as the King became odious to all his subjects as well to the Laietie as to the Clergie For as the Bishops and religious people cursed him abroad so the Barons took arms against him at home till with much bloudshed they forced him by granting the Great Charter to restore King Edward's Laws containing the ancient Liberties of the subjects of England The Pope being a spectator of this Tragedy and seeing the King in so weak and desperate estate sent a Legate to comfort him and to make a reasonable motion unto him to wit that he should surrender and give up his Crown and Kingdome to the Pope which should be re-granted unto him again to hold in Fee-farm and Vassalage of the Church of Rome And that thereupon the Pope would blesse him and his Realm again and curse his rebells and enemies in such sort as he should be better establisht in his Kingdome then he was before In a word this motion was presently embraced by that miserable King so as with his own hands he gave up the Crown to the Pope's Legat and by an Instrument or Charter sealed with a Bull or Seal of gold he granted to God and the Church of Rome the Apostles Peter and Paul and to Pope Innocent the third and his successours the whole Kingdome of England and the whole Kingdome of Ireland and took back an estate thereof by an Instrument sealed with Lead yielding yearly to the Church of Rome over and above the Peter-pence a thousand marks sterling viz. seven hundred marks for England and three hundred marks for Ireland with a flattering saving of all his Liberties and Royalties The Pope had no sooner gotten this conveiance though it were void in law but he excommunicateth the Barons and repeals the Great Charter affirming that it contained liberties too great for his subjects calls the King his Vassall and these Kingdomes Saint Peter's Patrimony grants a general Bull of Provision for the bestowing of all Ecclesiasticall Benefices and takes upon him to be absolute and immediate Lord of all And thus under colour of exercising Jurisdiction within these Kingdomes the Pope by degrees got the very Kingdomes themselves And so would he doe at this day if the King would give way to his Jurisdiction But what use did the Pope make of this grant and surrender of the Crown unto him what did he gain by it if our Kings retained the profits of their Kingdomes to their own use Indeed we do not find that the Fee-farm of a thousand marks was ever pay'd but that it is all run in arrear till this present day For the troth is the Court of Rome did scorn to accept so poor a revenue as a thousand marks per annum out of two Kingdomes But after the death of King John during all the reign of Hen. 3. his son the Pope did not claim a Seignioury or a Rent out of England and Ireland but did endeavour to convert all the profits of both Lands to his own use as if he had been seized of all in demesne For whosoever will reade Matth. Paris his story of the time of King Hen. 3. will say these things spoken of before were but the beginnings of evils For the exactions and oppressions of the Court of Rome were so continuall and intolerable as that poor Monk who lived in those times though otherwise he adored the Pope doth call England Baalam's Asse loaden beaten and enforced to speak doth call the Court of Rome Charybdis and barathrum avaritiae the Pope's Collectors Harpyes and the Pope himself a Stepfather and the Church of Rome a Stepmother He sheweth that two third parts of the Land being then in the hands of Church-men the entire profits thereof were exported to enrich the Pope and the Court of Rome which was done for the most part by these two ways and means First by conferring the best Ecclesiasticall Benefices upon Italians and other Strangers resident in that Court whose farmers and factors in England took the profits turned them into money and returned the money to Rome Secondly by imposing continuall taxes and tallages worse then Irish cuttings being sometimes the tenth sometimes the fifteenth sometimes the third sometimes the moietie of all the goods both of the Clergie and Laietie under colour of maintaining the Pope's holy wars against the Emperour and the Greek Church who were then said to be in rebellion against their Lady and mistresse the Church of Rome Besides for the speedy levying and safe return of these moneys the Pope had his Lombards and other Italian Bankers and Usurers resident in London and other parts of the Realm who offered to lend and disburse the moneys taxed and return the same by exchange to Rome taking such penal Bands the form whereof is set down in Matth. Paris and such excessive Usury as the poor Religious houses ware fain to sell their Chalices and Copes and the rest of the Clergie and Laiety had their backs bowed and their estates broken under the burthen Besides the Pope took for perquisites and casualties the goods of all Clerks that died intestate the goods of all Usurers and all goods given to charitable uses Moreover he had a swarm of Friers the first corrupters of Religion in England who perswaded the Nobility and Gentrie to put on the sign of the Crosse and to vow themselves to the Holy wars which they had no sooner done but they were again perswaded to receive dispensations of their vows and to give mony for the same to the Church of Rome I omit divers other policies then used by the Pope's Collectors to exhaust the wealth of the Realm which they affirmed they might take with as good a conscience as the Hebrews took the Jewells of the Egyptians Briefly whereas the King had scarce means to maintain his Royall family they received out of England seventy thousand pounds sterling at least yearly
which amounteth to two hundred and ten thousand pounds sterling of the moneys currant at this day Besides they exported six thousand marks out of Ireland at one time which the Emperour Frederick intercepted Lastly the King himself was so much dejected as at a Royal Feast be placed the Pope's Legate in his own Chair of State himself sitting on his right hand and the Bishop of York on his left non sine multorum obliquantibus oculis saith Matth. Paris Thus we see the effect of the Pope's pretended Jurisdiction within the dominions of the King of England We see to what calamity and servitude it then reduced both the Prince and people Was it not therefore high time to meet and oppose those inconveniences Assuredly if King Edw. 1. who was the Son and heir of Hen. 3. had inherited the weakness of his Father and had not resisted this Usurpation and insolencie of the Court of Rome the Pope had been proprietor of both these Ilands and there had been no King of England at this day But King Edward 1. may well be styled vindex Anglicae libertatis the Moses that delivered his people from slavery and oppression and as he was a brave and victorious Prince so was he the best Pater patriae that ever reigned in England since the Norman Conquest till the Coronation of our gracious Sovereign At the time of the death of his father he was absent in the war of the Holy land being a principal Commander of the Christian Armie there so as he returned not before the second year of his reign But he was no sooner returned and crowned but the first work he did was to shake off the yoke of the Bishop of Rome For the Pope having then summoned a generall Council before he would licence his Bishops to repair unto it he took of them a solemn oath that they should not receive the Pope's blessing Again the Pope forbids the King to war against Scotland the King regards not his prohibition he demands the First-fruits of Ecclesiasticall Livings the King forbids the payment thereof unto him The Pope sendeth forth a general Bull prohibiting the Clergie to pay subsidies or tributes to Temporal Princes A Tenth was granted to the King in Parliament the Clergie refused to pay it the King seizeth their Temporalties for their contempt and got payment notwithstanding the Pope's Bull. After this he made the Statute of Mortmain whereby he brake the Pope's chief net which within an Age or two more would have drawn to the Church all the temporall possessions of the Kingdome c. Again one of the King's subjects brought a Bull of Excommunication against another the King commandeth he should be executed as a traitour according to the ancient Law But because that Law had not of long time been put in execution the Chancellour and Treasurer kneeled before the King and obtained grace for him so as he was onely banished out of the Realm And as he judged it treason to bring in Bulls of Excommunication so he held it a high contempt against the Crown to bring in Bulls of Provision or Briefs of Citation and accordingly the Law was so declared in Parliament 25 Edw. 1. which was the first Statute made against Provisors the execution of which Law during the life of King Edw. 1. did well-nigh abolish the usurped Jurisdiction of the Court of Rome and did revive and restore again the ancient and absolute Sovereignty of the King and Crown of England His Successour K. Edw. 2. being but a weak Prince the Pope attempted to usurp upon him again but the Peers and people withstood his Usurpation And when that unhappy King was to be deposed amongst many Articles framed against him by his enemies this was one of the most hainous that he had given allowance to the Bope's Bulls Again during the minority of King Edw. 3. and after that in the heat of the wars in France the Pope sent many Briefs and Bulls into England and at last presumed so far as that he gave an Italian the title of a Cardinall in England and withall by his Bull gave him power to bestow all Ecclesiasticall promotions as they should fall void from time to time This moved the King and the Nobility to write to the Pope to this effect We and our ancestours have richly endowed the Church of England and have founded Abbeys and other Religious houses for the jurisdiction of our people for maintenance of hospitalitie and for the advancement of our countrymen and kinsmen Now you provide and place strangers in our Benefices that come not to keep residence thereupon and if they come understand not our language and some of them are subjects to our mortal enemies by reason whereof our people are not instructed hospitalitie is not kept our Scholars are unpreferred and the Treasure of the Realm is exported The Pope returneth answer That the Emperour had lately submitted himself to the Church of Rome in all points and was become the Pope's great friend and in menacing manner advised 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 give battell to both in defence of the liberties of his Crown Hereupon the severall Statutes against Provisors before recited were put in execution so severely as the King and his subjects enjoyed their right of patronage clearly and their exemption of Clerks took 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 capital offence as appeareth in the Records of this King's reign Yet during the nonage of Richard 2. they began once again to encroach upon the Crown by sending Legates and Bulls and Briefs into England whereof the people were so sensible and impatient as that at their special prayer this Law of 16 Rich. 2. whereupon our Indictment is framed was enacted being more sharp and penall then all the former Statutes against Provisors And yet against this King as against Edw. 2. it was objected at the time of his Deprivation that he had allowed the Pope's Bulls to the enthralling of the Crown After this in the weak time of King Hen. 6. they made one attempt more to revive their usurped Jurisdiction by this policy The Commons had denied the King a Subsidy when he stood in great want of moneys The Archbishop of Canterbury and the rest of the Bishops offered the King a large supply of his wants if he would consent that all the Laws against Provisors and specially this Law of 16 Rich. 2. might be repealed But Humphrey Duke of Gloucester who had lately before cast the Pope's Bull into the fire did likewise cause this motion to be rejected So as by special providence these Laws have stood in force even till this day in both these Kingdomes Then the Atturney generall descended to the evidence whereby he
times when both the Prince and people of England did for the most part acknowledge the Pope to be the thirteenth Apostle and onely oracle in matters of Religion and did follow his doctrine in most of those points wherein we now dissent from him 1. For the first Point we did purposely forbear to proceed against him upon any later Law to the end that such as were ignorant might be informed that long before King Henr. 8. was born divers Laws were made against the Usurpation of the Bishop of Rome upon the rights of the Crown of England well-nigh as sharp and as severe as any Statutes which have been made in later times and that therefore we made choice to proceed upon a Law made more then 200 years past when the King the Lords and Commons which made the Laws and the Judges which did interpret the Laws did for the most part follow the same opinions in Religion which were taught and held in the Court of Rome 2. For the second Point the causes that moved and almost enforced the English Nation to make this and other Statutes of the same nature were of the greatest importance that could possibly arise in any State For these Laws were made to uphold and maintain the Sovereignty of the King the Liberty of the people the Common Law and the Commonweal which otherwise had been undermined and utterly ruined by the Usurpation of the Bishop of Rome For albeit the Kings of England were absolute Emperours within their Dominions and had under them as learned a Prelacy and Clergy as valiant and prudent a Nobility as free and wealthy a Commonalty as any was then in Christendom yet if we look into the stories and records of these two Imperial Kingdoms we shall find that if these Laws of Provision and Praemunire had not been made they had lost the name of Imperial and of Kingdoms too and had been long since made Tributary Provinces to the Bishop of Rome or rather part of S. Peter's Patrimony in demesne Our Kings had had their Scepters wrested out of their hands their Crowns spurned off from their heads their necks trod upon they had been made Lacquays or Footmen to the Bishop of Rome as some of the Emperours and French Kings were our Prelates had been made his Chaplains and Clerks our Nobility his Vassals and Servants our Commons his Slaves and Villains if these Acts of manumission had not freed them In a word before the making of these Laws the flourishing Crown and Commonwealth of England was in extream danger to have been brought into most miserable servitude and slavery under colour of Religion and devotion to the See of Rome And this was not onely seen and felt by the King and much repined at and protested against by the Nobility but the Commons the general multitude of the Subjects did exclaim and cry out upon it For the Commons of England mâ—y be an example unto all other Subjects in the world in this that they have ever been tender and sensible of the wrongs and dishonours offered unto their Kings and have ever contended to uphold and maintain their honour and Sovereignty And their faith and loyaltie hath been generally such though every Age hath brought forth some particular monsters of disloyaltie as no pretence of zeal or religion could ever withdraw the greater part of the Subjects to submit themselves to a forrein yoke no not when Popery was in her height and exaltation whereof this Act and divers others of the same kind are clear and manifest testimonies For this Act of 16 Rich. 2. was made at the prayer of the Commons which prayer they make not for themselves neither shew they their own self love therein as in other Bills which contain their Grievances but their love and zeal to the King and his Crown When after the Norman Conquest they importuned their Kings for the Great Charter they sought their own Liberties and in other Bills preferred commonly by the Commons against Shriefs Escheators Purveyors or the like they seek their own profit and ease but here their Petition is to the King to make a Law for the defence and maintenance of his own honour They complain That by Bulls and Processes from Rome the King is deprived of that Jurisdiction which belongs of right to his Imperial Crown That the King doth lose the service and counsel of his Prelates and learned men by translations made by the Bishop of Rome That the King's Laws are defeated at his will the Treasure of the Realm is exhausted and exported to enrich his Court And that by those means the Crown of England which hath ever been free and subject unto none but immediately unto God should be submitted unto the Bishop of Rome to the utter destruction of the King and the whole Realm which God defend say they and thereupon out of their exceeding zeal and fervency they offer to live and die with the King in defence of the liberties of the Crown And lastly they pray and require the King by way of justice to examine all the Lords in Parliament what they thought of these manifest wrongs and usurpations and whether they would stand with the King in defence of his Royall liberties or no. Which the King did according to their Petition and the Lords Spiritual and Temporal did all answer that these Usurpations of the Bishop of Rome were against the liberties of the Crown and that they were all bound by their allegeance to stand with the King and to maintain his honour and Prerogative And thereupon 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 Crown and dignitie Royall and such as should bring them into the Realm and such as should receive them publish them or execute them they their Notaries Proctors Maintainors and Counsellors should be all out of the King's protection their lands and goods forfeited to the King their bodies attached if they might be found or else processe of Pramunire facias to be awarded against them Upon these motives and with this affection and zeal of the people was the Statute of 16 Rich. 2. made whereupon we have framed our Inditement Now let us look higher and see whether the former Laws made by King Edw. 1. and King Edw. 3. against the Usurpation of the Bishop of Rome were not grounded upon the like cause and reason The Statute of 38 Edw. 3. cap. 1. expressing the mischiefs that did arise by Breves of Citation which drew the bodies of the people and by Bulls of Provision and Reservation of Ecclesiasticall Benefices which drew the wealth of the Realm to the Court of Rome doth declare that by these means the ancient Laws Customes and Franchises of the Realm were confounded the Crown of our Sovereign Lord the King diminished and his person falsely defamed
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
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
not purchased his Pall in the Court of Rome he displaced many Bishops and Abbots to place his Normans in their rooms And amongst the rest it is to be noted that the King having earnestly moved Wolstan Bishop of Worcester being then very aged to give up his Staff his answer was that he would give up his Staff onely to him of whom he first received the same And so the old man went to Saint Edward's Tomb and there offered up his Staff and Ring with these words Of thee O holy Edward I received my Staff and my Ring and to thee I do now surrender the same again Which proves that before the Norman Conquest the King did invest his Bishops per annulum baculum as I said before Thus we see by the admission of the Pope's Legates the first step or entry made into his usurped jurisdiction in England Albeit the King still retained the absolute power of investing Bishops and seemed onely to use the advice and assistance of the Legates in Ecclesiastical matters for that no Decree passed or was put in execution without his Royal assent thereunto Besides how far forth he submitted himself to the Pope it appeareth by a short Epistle which he wrote to Gregory the 7. in this form Excellentissimo Sanctae Ecclesiae Pastori Gregorio gratiâ Dei Anglorum Rex Dux Normannorum Willielmus salutem cum amicitia Hubertus Legatus tuus Religiose Pater ad me veniens ex tua parte me admonuit ut tibi successoribus tuis fidelitatem facerem de pecunia quam antecessores mei ad Romanam Ecclesiam mittere solebant melius cogitarem Vnum admisi alterum non admisi fidelitatem facere nolui nec volo quia nec ego promisi nec antecessores meos antecessoribus tuis id fecisse comperio Pecunia tribus ferè annis in Galliis me agente negligenter collecta est nunc vero divinâ misericordiâ me in Regnum meum reverso quod collectum est per praefatum Legatum mittetur quod reliquum est per Legatos Lanfranci Archiepiscopi fidelis nostri cum opportunum fuerit transmittetur c. But in the time of his next Successour King William Rufus they attempted to pass one degree farther that is to draw Appeals to the Court of Rome For Anselme being made Archbishop of Canterbury and being at some difference with the King besought his leave to goe to Rome under pretence of fetching his Pall. The King knowing he would appeal to the Pope denied him leave to goe and withall told him That none of his Bishops ought to be subject to the Pope but the Pope himself ought to be subject to the Emperour and that the King of England had the same absolute liberties in his Dominions as the Emperour had in the Empire and that it was an ancient custome and law in England used time out of mind before the Conquest that none might appeal to the Pope without the King's leave and that he that breaketh this law or custome doth violate the Crown and dignity Royal and he that violates my Crown saith he is mine enemy and a traitour How answer you this quoth the King Christ himself answers you saith the Archbishop Tu es Petrus super hanc petram c. Wherewith the King was nothing satisfied And thereupon Anselme departing out of the Realm without licence the King seized his Temporalties and became so exasperate and implacable towards the Bishop as he kept him in perpetual exile during his Reign albeit great intercession were made for his return as well by the Pope as the King of France In the time of the next King Hen. 1. though he were a learned and a prudent Prince yet they sought to gain a farther point upon him and to pluck a flower from his Crown of greater value namely the Patronage and Donation of Bishopricks and all other Benefices Ecclesiasticall For Anselme being revok'd and re-established in the See of Canterbury the Bishopricks of Salisbury and Hereford fell void which the King bestowed on two of his Chaplains But Anselme their Metropolitan did refuse to consecrate them so as the Archbishop of York was fain to perform that Office who with the chief of the English Clergie stood with the King and withstood Anselme Hereupon the King requires him to doe his homage the Bishop denies it The King demands of him whether the patronage and investiture of all Bishopricks were not his rightfull inheritance the Bishop said it was not his right because Pope Vrban had lately made a Decree that no Lay person should give any Ecclesiasticall Benefice This was the first question that ever was made touching the King of England's right of patronage and donation of Bishopricks within his dominions This new question caused many messages and embassages to Rome At last the King writes plainly to the Pope Notum habeat Sanctitas vestra quod me vivente Deo auxiliante dignitates usus regni nostri non minuentur si ego quod absit in tanta me directione ponerem magnates mei imo totius Angliae populus id nullo modo pateretur Besides William de Warrenast the King's procurator in the Court of Rome told the Pope that the King would rather lose his Kingdome then he would lose the donation of Bishopricks The Pope answered Know you precisely Sir I speak it before God that for the redemption of my head I would not suffer him to enjoy it After this Anselme being received into the King's favour in a Synod of the English Clergie holden at London in the year 1107. a Decree was made Cui annuit Rex Henricus saith Matth. Paris that from thenceforth nunquam per donationem Baculi Pastoralis vel Annuli quisquam de Episcopatu vel Abbathia per Regem vel quamlibet laicam manum invâ—stiretur in Anglia In recompence whereof the Pope yielded this favour to the King that thenceforth no Legate should be sent from the Pope's side into England unless the King required it and that the Archbishop of Canterbury for the time being should be for ever Legatus natus and Anselme for the honour of his See obtained that the Archbishop of Canterbury should in all generall Councils sit at the Pope's foot tanquam alterius orbis Papa Notwithstanding as the succeeding Popes kept not their promise touching the sending of Legates so this self-same King after the death of Anselme broke the Decree touching the investiture of the Bishops For he gave the Archbishoprick of Canterbury to Rodolph Bishop of London saith Matth. Paris Et illum per Annulum Pastoralem Baculum investivit as before he had invested Willielmum Gifford in the Bâ—shoprick of Winchester contra novi Concilii statuta as the same Authour reporteth The times of the next succeeding King Stephen were full of Civil dissensions which made the land well-nigh waste so as Saint Peter's Successour could not take any fish in such troubled
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
appeareth 11 H. 7.9 34 H. 6.14 c. And in Bunting and Leppingwells Case in the part of my Reports And this is the usual form of all the Sentences in their Ecclesiastical Courts And this very Point Tr. 23 Reginae Eliz. in this Court between Cheyney and Frankwell all the matter being found as this Case is by speciall verdict was adjudged As to the fourth Objection videlicet That the said Queen had onely power by force of the said Act to nominate Commissioners for Ecclesiasticall causes and therefore the foresaid Nomination not pursuing the authority given unto her by that Act should be void Hereunto a threefold Answer was given and resolved by the whole Court 1. That they which were Commissioners and had places of Judicature over the King's subjects should be intended to be Subjects born and not Aliens But if in veritie they were Aliens yet in respect of the general intendment to the contrary it ought to be alledged and proved by the other party For Stabilitur praesumptum donec probetur in contrarium 2. The Jurors have found that the Queen by her said Letters Patents did authorize them secundum formam Statuti praedicti and therefore it doth by necessary consequence amount to as much as if they had found they had been Subjects born For if they were not Subjects born they could not be authorized secundum formam Statuti praedicti Vide 11 H. 4.4 13 Eliz. Dyer fol. And the rather for that this is found by special verdict 3. It was resolved That the said Act of the first year of the said Queen concerning Ecclesiastical Jurisdiction was not a Statute introductory of a new Law but declaratory of the old which appeareth as well by the Title of the said Act videlicet An Act restoring to the Crown the ancient Jurisdiction over the State Ecclesiastical and Spiritual c. as also by the body of the Act in divers parts thereof For that Act doth not annex any Jurisdiction to the Crown but that which in truth was or of right ought to be by the ancient Laws of the Realm parcell of the King's Jurisdiction and united to his Imperial Crown and which lawfully had been or might be exercised within the Realm The end of which Jurisdiction and of all the proceeding thereupon was that all things might be done in causes Ecclesiasticall to the pleasure of almighty God the increase of vertue and the conservation of the peace and unity of this Realm as by divers parts of the said Act appeareth And therefore as by that Act no pretended Jurisdiction exercised within this Realm being either ungodly or repugnant to the Prerogative or the ancient Law of the Crown of this Realm was or could be restored to the same Crown according to the ancient right and Law of the same So if that Act of the first year of the said Queen had never been made it was resolved by all the Judges that the King or Queen of England for the time being may make such an Ecclesiasticall Commission as is before mentioned by the ancient Prerogative and Law of England And therefore by the ancient Laws of this Realm this Kingdome of England is an absolute Empire and Monarchy consisting of one Head which is the King and of a Body politick compact and compounded of many and almost infinite severall and yet well-agreeing members All which the Law divideth into two several parts that is to say the Clergie and the Laietie both of them next and immediately under God subject and obedient to the Head Also the Kingly Head of this politick Body is instituted and furnished with plenary and entire power Prerogative and Jurisdiction to render Justice and right to every part and member of this Body of what estate degree or calling soever in all Causes Ecclesiasticall or Temporal otherwise he should not be a Head of the whole Body And as in Temporal causes the King by the mouth of the Judges in his Courts of Justice doth judge and determine the same by the temporal Laws of England so in causes Ecclesiasticall and Spiritual as namely Blasphemy Apostasie from Christianity Heresies Schisms Ordering Admissions Institutions of Clerks Celebration of Divine service Rights of Matrimony Divorces general Bastardy subtraction and right of Tithes Oblations Obventions Dilapidations Reparation of Churches Probate of Testaments Administrations and accounts upon the same Simony Incests Fornications Adulteries Solicitation of Chastity Pentions Procurations Appeals in Ecclesiasticall causes Commutation of penance and others the conusance whereof belong not to the Common Laws of England the same are to be determined and decided by Ecclesiasticall Judges according to the King 's Ecclesiastical Laws of this Realm For as the Romans fetching divers Laws from Athens yet being approved and allowed by the State there called them notwithstanding Jus Civile Romanorum and as the Normans borrowing all or most of their Laws from England yet baptized them by the name of the Laws or Customes of Normandy So albeit the Kings of England derived their Ecclesiasticall Laws from others yet so many as were proved approved and allowed here by and with a general consent are aptly and rightly called The King 's Ecclesiasticall Laws of England which whosoever shall deny he denieth that the King hath full and plenary power to deliver Justice in all causes to all his subjects or to punish all crimes and offences within his Kingdome for that as before it appeareth the deciding of matters so many and of so great importance are not within the conusance of the Common Laws and consequently that the King is no compleat Monarch nor Head of the whole and entire Body of the Realm But to confirm those that hold the truth to satisfy such as being not instructed know not the ancient and modern Laws and Customes of England every man being perswaded as he is taught these few demonstrative proofs out of the Laws of England in stead of many in order serie temporum are here added KEnulphus Rex c. per Literas suas patentes consilio consensu Episcoporum Senatorum gentis suae largitus fuit Monasterio de Abnidon in Comitatu Bark ac cuidam Ruchnio tune Abbati Monasterii c. quandam ruris sui portionem id est quindecim Mansias in loco qui à Ruricelis tunc nuncupabatur Culnam cum omnibus utilitatibus ad eandem pertinentibus tam in magnis quam in modicis rebus in aeternam haereditatem Et quod praedictus Ruchnius c. ab omni Episcopali Jure in sempiternum esse quietus ut inhabitatores ejus nullius Episcopi aut suorum officialium jugo inde deprimantur sed in cunctis rerum eventibus discussionibus causarum Abbatis Monasterii praedicti decreto subjiciantur Ità quòd c. As by the said Charter pleaded in 1 Henr. 7. and vouched by Stamford at large appeareth which Charter granted above 850 years fithence was after confirmed per Edwinum
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
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.
in the Civil Magistrate and so in right it remaineth at this day and though it be derived from him it remaineth in him as in the fountain For every Christian Monarch as well as the godly Kings of Juda is custos utriusque Tabulae and consequently hath power to punish not onely Treason Murther Theft and all manner of Force and Fraud but Incest Adultery Usury Perjury Simony Sorcery Idolatry Blasphemy Neither are these Causes in respect of their own quality and nature to be distinguished one from another by the names of Spirituall or Temporall For why is Adultery a Spirituall cause rather then Murther when they are both offences alike against the Second Table or Idolatry rather then Perjury being both offences likewise against the First Table And indeed if we consider the natures of these Causes it will seem somewhat absurd that they are distinguished by the name of Spirituall and Temporall for to speak properly that which is opposed to Spirituall should be termed Carnall and that which is opposed to Temporall should be called Eternall And therefore if things were called by their proper names Adultery should not be called a spirituall offence but a carnall But shall I expresse plainly and briefly why these Causes were first denominated some Spirituall or Ecclesiasticall and others Temporall and Civil Truly they were so called not from the nature of the Causes as I said before but from the quality of the persons whom the Prince had made Judges in those Causes The Clergie did study spirituall things and did professe to live secundum spiritum and were called spirituall men and therefore they called the Causes wherein Princes had given them jurisdiction spirituall causes after their own name and quality But because the Lay-magistrates were said to intend the things of this world which are temporall and transitory the Clergie called them secular or temporall men and the Causes wherein they were Judges temporall causes This distinction began first in the Court of Rome where the Clergie having by this Jurisdiction gotten great wealth their wealth begot pride their pride begot ingratitude towards Princes who first gave them their Jurisdiction and then according to the nature of all ungratefull persons they went about to extinguish the memory of the benefit for whereas their Jurisdiction was first derived from Caesar in the execution whereof they were Caesar's Judges so as both their Courts and Causes ought still to have born Caesar's image and superscription as belonging unto Caesar they blotted Caesar's name out of the style of their Courts and called them Courts Christian as if the Courts holden by other Magistrates had been in comparison but Courts of Ethnicks and the Causes which in their nature were meerly Civil they called Spirituall and Ecclesiasticall So as if the Emperour should challenge his Courts and Causes again and say Reddite Caesariquae sunt Caesaris they would all cry out on the contrary part and say Date Deo quae sunt Dei our Courts bear the name and title of Christ the superscription of Caesar is quite worn out and not to be found upon them And this point of their policy is worth the observing that when they found their jurisdiction in Matrimoniall causes to be the most sweet and gainfull of all other for of Matrimony they made matter of money indeed to the end that Caesar might never resume so rich a perquisite of their Spirituall jurisdiction they reduced Matrimony into the number of the 7 Sacraments after which time it had been Sacriledge if the Civil Magistrate had intermeddled with the least matter that had relation to Matrimonie or any dependencie thereupon So then it appeareth that all Causes whereof Ecclesiasticall or Spirituall persons have cognisance or jurisdiction by the grants or permission of Princes are called Ecclesiasticall or Spirituall causes And as all their Courts are called Spirituall Courts so all Causes determinable in those Courts are called Spirituall Causes And therefore where Mr. Lalor hath acknowledged the King's Majestie to be Supreme Governour in all Ecclesiasticall causes he hath therein acknowledged the King's Supremacie in all Spirituall causes wherein he hath but rendered to Caesar that which is Caesar's and hath given unto his Majestie no more then all the Bishops of England have yielded to his Predecessours not onely in this latter Age but also in former times both before and since the Conquest as hath been before at large expressed Here the day being far spent the Court demanded of the prisoner if he had any more to say for himself His answer was That he did willingly renounce his office of Vicar-generall and did humbly crave his Majestie 's grace and pardon And to that end he desired the Court to move the L. Deputy to be favourable unto him Then the Jury departed from the Bar and returning within half an hour found the prisoner guiltie of the Contempts whereof he was indicted Whereupon the Solicitor generall moved the Court to proceed to Judgement And Sir Dominick Sarsfield Knight one of the Justices of his Majestie 's chief place gave Judgement according to the form of the Statute whereupon the Indictment was framed OF THE KING' 's Ecclesiasticall Law IN the Term of S. Hillary in the 33. year of the Reign of Q. Elizabeth Rotulo 340. Robert Caudrey Clerk brought an action of Trespasse against George Atton for breaking of his Close at North-Luffenham in the County of Rutland the 7. day of August in the 31. year of the Reign of the said Queen The Defendant pleaded not guilty and the Jury returned and sworn for triall of this issue gave a speciall Verdict that is they found the truth of the Case at large referring the same for the Law to the judgment of the Court to this effect They found that the Plaintif before the Trespasse supposed to be done was Parson of the Rectory of South-Luffenham in the County aforesaid whereof the place wherein the Trespass is alledged was parcell and found the Statute made in the first year of the said Queen's Reign by which in effect it is enacted That such Jurisdiction Ecclesiasticall as by any Spirituall or Ecclesiasticall power hath heretofore been or may lawfully be exercised for the Visitation of the Ecclesiasticall estate and persons and for reformation order and correction of the same and of all manner of Errors Heresies Schisms Abuses Offences Contempts and Enormities within this Realm should for ever be united and annexed to the Imperiall Crown of this Realm And that her Highnesse her Heirs and Successors should have full power and authority by virtue of that Act by Letters Patents under the great Seal of England to assign nominate and authorize such persons being natural-born Subjects as her Highness her Heirs or Successors should think meet to exercise and execute under her Highnesse her Heirs and Successors all and all manner of Jurisdiction Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within this
elective which be of his Avowry as his Progenitors did before that free Election was granted fithence that the Elections were first granted by the King's Progenitors upon a certain form and condition as to demand licence of the King to chuse and after the Election to have his Royall Assent and not in other manner which conditions not kept the King ought by reason to resort to the first nature as by the said Act more at large appeareth In the 27. year of the Reign of the same King it was grievously complained to the King in a Parliament then holden by the Great men and Commons of the Realm how that divers of the people were and had been drawn out of the Realm to answer to things whereof the conusance pertained to the King's Court and also that the Judgments given in the same Court were impeached in other Courts in prejudice and disherison of the King and of his Crown and of all the people of his said Realm and to the undoing and destruction of the Common Law of the same Realm at all times used Whereupon good deliberation being had with the Great men and others of his said Council it was assented and accorded by the King and the Great men and Commons aforesaid That all the people of the King's allegeance of what condition that they be which should draw any out of the Realm for plea whereof the conusance pertained to the King's Court or for things whereof Judgments were given in the King's Court or which did sue in any other Court to defeat or impeach the Judgments given in the King's Courts should incur the danger of Premunire as by the said Act appeareth To nourish love peace and concord between Holy Church and the Realm and to appease and cease the great hurt and perils and importable losses and grievances that had been done and happened in times past and that should happen hereafter if the thing from thenceforth be suffered to pass because of personal Citations and other that be passed before this time and commonly did passe from day to day out of the Court of Rome by feigned and false Suggestions and Propositions against all manner of persons of the Realm upon Causes whose cognisance and final discussing pertained unto the King and his Royal Court and also of Impetrations and Provisions of Benefices and Offices of Holy Church pertaining to the gift presentation donation and disposition of the King and other Lay Patrons of this Realm as of Churches Chappels and other Benefices appropriated to Cathedrall Churches Abbies Priories Chauntries Hospitalls and other poor Houses and of other Dignities Offices and Benefices occupied in times past and presented by divers and notable persons of the said Realm for which causes and dispensing whereof the good ancient Lâ—ws Usages Customes and Franchises of the said Realm had been and were greatly appaired blemished and confounded the Crown of their Sovereign Lord the King minished and his Person falsely defamed his Treasury and Riches of the Realm carried away the inhabitants and subjects of the Realm impoverished and troubled the Benefices of Holy Church wasted and destroyed Divine Service Hospitalities Alms-deeds and works of charity withdrawn and set apart the Commons and Subjects of the Realm in body and goods consumed The King at his Parliament holden at Westminster in the Vtas of S. Hillary the 38. year of his Reign having regard to the quietness of his people which he chiefly desired to sustain in tranquillity and peace to govern according to the Laws Usages and Franchises of his Land as he was bound by his Oath made at his Coronation following the ways of his Progenitors which for their time made certain good Ordinances and Provisions against the said Grievances and Perils which Ordinances and Provisions and all the other made in his time and especially in the 25. and 27. years of his Reign the King by the assent and expresse will and concord of the Dukes Earls Barons and the Commons of this Realm and of all other whom these things touched by good and meet deliberation and advisement did approve accept and confirm as by the said Act appeareth But those which should execute the said good Laws against such capitall Offendors were cursed reproved and defamed by such as maintained the usurped Jurisdiction of the Bishop of Rome Against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such Defamations and Reproofs In the Reign of King Richard the Second AGainst an Incumbent of a Church in England another sueth a Provision in the Court of Rome and there pursueth untill he recovereth the Church against the Incumbent and after brought an Action of Account against him as receiver of divers sums of money which in troth were the Oblations and Offerings which the Incumbent had received And the whole Court was of opinion against the Plaintif and thereupon he became non-suit It is declared by that Parliament that the Crown of England hath been so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regalty of the same Crown be submitted to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetuall destruction of the King his Sovereignty Crown and Regalty and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be clearly against the King's Crown and his Regalty used and approved in the time of all his Progenitors Wherefore they and all the liege Commons of the same Realm would stand with the King and his said Crown and his Regalty in the cases aforesaid and in all other cases attempted against him his Crown and his Regalty in all points to live and to die And moreover they did pray the King and him required by way of justice that he would examine all the Lords in the Parliament as well Spiritual as Temporal severally and all the States of the Parliament how they thought of the cases aforesaid which were so openly against the King's Crown and in derogation of his Regalty and how they would stand in the same cases with the King in upholding the Rights of the said Crown and Regalty Whereupon the Lords Temporal so demanded did answer every one by himself That the cases aforesaid were clearly in derogation of the King's Crown and of his Regalty as it was well known and had been of long time known and that they would stand with the same Crown and Regalty in those cases especially and in all other cases which should be attempted against the said Crown and Regalty in all points with all their power And moreover then was demanded of the Lords Spiritual there being and the Procurators of others being absent their advice and will in all those cases which Lords
Ordinance Customes Constitutions or any other matter or cause whatsoever to the contrary in any wise notwithstanding And it was then also established and enacted by the Authority of that Parliament That such Jurisdictions Priviledges Superiorities and Preheminences Spiritual and Ecclesiastical as by any Spiritual or Ecclesiastical power or authority had heretofore been or might lawfully be exercised or used for the visitation of the Ecclesiastical state and persons and for reformation order and correction of the same and of all manner Errours Heresies Schisms Abuses Offences Contempts and Enormities should for ever by Authority of that Parliament be united and annexed to the Imperial Crown of this Realm And that the Queen her Heirs and Successors Kings or Queens of this Realm should have full power and authority by virtue of that Act by Letters Patents under the great Seal of England to assign name and authorize when and as often as the Queen her Heirs or Successors should think meet and convenient and for such and so long time as should please the Queen her Heirs or Successors such person or persons being natural-born Subjects to the Queen her Heirs or Successors as the said Queen her Heirs or Successors should think meet to exercise use occupy and execute under the said Queen her Heirs or Successors all manner of Jurisdictions Priviledges and Preheminences in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within these Realms of England and Ireland or any other her dominions and countries and to visit reform redress order correct and amend all such Errours Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner Spiritual or Ecclesiasticall power authority or jurisdiction could or might lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God the encrease of vertue and the conservation of the peace and the unity of this Realm And that such person or persons so to be named assigned authorized and appointed by the said Queen her Heirs or Successors after the said Letters Patents to him or them made and delivered as is aforesaid should have full power and authority by virtue of that Act and of the said Letters Patents under the said Queen her Heirs or Successors to exercise use and execute all the premisses according to the tenour and effect of the said Letters Patents any matter or cause to the contrary in any wise notwithstanding as by the said Act also appeareth It was adjudged in the Court of Common Pleas by Sir James Dyer Weston and the whole Court that a Dean or any other Ecclesiasticall person may resign to the Crown as divers did to King Edward the 6. for that he had the Authority of the supreme Ordinary From the 1. untill the 11. year of Queen Elizabeth's Reign no person of what perswation of Christian Religion soever at any time refused to come to the publick Divine Service celebrated in the Church of England being evidently grounded upon the Sacred and infallible Word of Almighty God and established by publick Authority within this Realm But after the Bull of Pius Quintus was published against her Majesty in the 11. year of her Reign containing amongst other things too long to be repeated for this purpose these words Pius Bishop Servant of God's servants c She Queen Elizabeth hath clean put away the Sacrifice of the Mass Prayers Fastings Choice or difference of meats and Single life She possessing the Kingdome and by usurping the place of the Supreme Head of the Church in all England and the chief Authority and Jurisdiction of the same hath again brought the said Realm into miserable destruction Unto her all such as are the worst of the people resort and are by her received into safe protection c. We make it known that the said Elizabeth and as many as stand on her side in the matter above named have run into the danger of our Curse We make it also known that we have deprived her from that right she pretended to have in the Kingdome aforesaid and also from all and every her Authority Dignity and Priviledge We charge and forbid all and every the Nobles Subjects and people and others aforesaid that they be not so hardy as to obey her or her Admonitions Commandments or Laws upon pain of the like accurse upon them We pronounce that all whosoever by any occasion have taken their Oath unto her are for ever discharged of such their Oath and also from all Fealty and Service which was due to her by reason of her Government c. as by the said Bull more at large appeareth After this Bull all they that depended on the Pope obeyed the Bull disobeyed their gracious and natural Sovereign and upon this occasion refused to come to the Church The publishing of this Bull by a subject against his Sovereign as appeareth by that which hath been oftentimes said was Treason in the highest degree by the ancient Common Laws of England For if it were Treason to publish a Bull of Excommunication within this Realm against a Subject thereof as it was adjudged in the Reign of King Edward the 1. Ã fortiori it is Treason in the highest degree to publish such a Bull against the Sovereign and Monarch her self After this Bull many Bulls of Absolution and Reconciliation to the Church of Rome were published and dispersed amongst her Majestie 's subjects to withdraw them from their natural Loyalty and Allegeance to their Sovereign whereupon no small inconveniences as hereafter appeareth followed And therefore at a Parliament holden in The 13. year of her Reign it was declared by the whole Body of the Realm That divers seditious and very ill-disposed people minding very seditiously and unnaturally not onely to bring this Realm and the Imperial Crown thereof being in very deed of it self most free again into the thraldome and subjection of the forrein usurped and unlawful Jurisdiction Preheminence and Authority claimed by the said See of Rome but also to estrange and alienate the minds and hearts of sundry the Queen's subjects from their dutiful Obedience and to raise and stir Sedition and Rebellion within this Realm did then lately procure and obtain to themselves from the said Bishop of Rome and his said See divers Bulls and Writings the effect whereof had been and then was to absolve and reconcile all those that would be contented to forsake their due Obedience to the Queen and to yield and subject themselves to the said feigned unlawful and usurped Authority and by colour of the said Bulls and Writings the said persons very secretly and most seditiously in such parts of this Realm where the people for want of good instruction were most weak simple and ignorant and thereby farthest from the good understanding of their duties towards God and the Queen did by their lewd and subtil practices and perswasions so far forth work that sundry simple and ignorant persons had been contented to be
reconciled to the said usurped Authority of the See of Rome and to take Absolution at the hands of the said naughty and subtil practisers whereby did grow great disobedience and boldness in many not onely to withdraw and absent themselves from all Divine Service then most godly set forth and used within this Realm but also to think themselves discharged of and from all Obedience Duty and Allegeance to her Majesty whereby most wicked and unnatural Rebellion did ensue and to the farther danger of this Realm was thereafter very like to be renewed if the ungodly and wicked attempts in that behalf were not by severity of Laws in time restrained and bridled For remedy and redress whereof and to prevent the great mischiefs and inconveniences that thereby might ensue it was enacted by the Queen with the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by the Authority of the same That if any person or persons after the first day of July then next coming should use or put in ure in any place within this Realm or in any the Queen's dominions any such Bull Writing or Instrument written or printed of Absolution or Reconciliation at any time theretofore obtained and gotten or at any time thereafter to be obtained or gotten from the said Bishop of Rome or any his Successors or from any other person or persons authorized or claiming authority by or from the said Bishop of Rome his Predecessors or Successors or the See of Rome Or if any person or persons after the said first day of July should take upon him or them by colour of any such Bull Writing Instrument or Authority to absolve or reconcile any person or persons or to grant or promise to any person or persons within this Realm or any other the Queen's dominions any such Absolution or Reconciliation by any speech preaching teaching writing or any other open deed Or if any other person or persons within this Realm or any the Queen's dominions after the said first day of July should willingly receive and take any such Absolution or Reconciliation Or else if any person or persons had obtained or gotten sithence the last day of the Parliament holden in the first year of her Reign or after the said first day of July should obtain or get from the said Bishop of Rome or any his Successors or the See of Rome any manner of Bull Writing or Instrument written or printed containing any thing matter or cause whatsoever Or should publish or by any waies or means put in ure any such Bull Writing or Instrument That then all and every such act or acts offence and offences should be deemed and adjudged by the Authority of the said Act to be high Treason and the Offendor and Offendors therein their Procurors Abettors and Counsellours to the fact and committing of the said offence or offences should be deemed and adjudged high Traitours to the Queen and the Realm and being thereof lawfully indicted and attainted according to the course of the Laws of this Realm should suffer pains of death also lose and forfeit all their Lands Tenements Hereditaments Goods and Chattels as in cases of high Treason by the Laws of this Realm ought to be lost and forfeited as by the said Act appeareth And albeit many of her subjects after the said Bull of Pius Quintus adhering to the Pope did renounce their former Obedience to the Queen in respect of that Bull yet all this time no Law was either made or attempted against them for their Recusancy though it were grounded upon so disloyal a Cause Now that these speechless Bulls were declared by Act of Parliament to be so dangerous then in place of them Jesuites and Romish Priests were sent over who in secret corners whispered and infused into the hearts of many of the unlearned subjects of this Realm that the Pope had power to excommunicate and depose Kings and Princes that he had excommunicated the Queen deprived her of her Kingdome and discharged all her subjects of their Oath Duties and Allegeance to her and therefore they ought not to obey her or any of her Commandments or Laws under pain of the Pope's Curse This was high Treason by the ancient Laws of England And thereupon Campion Sherwin and many other Romish Priests being apprehended and confessing that they came into England to make a party for the Catholick cause when need should require were in the 21. year of the said Queen's Reign by the ancient Common Laws of England indicted arraigned tried adjudged and executed for high Treason against their natural Allegeance which they ought their liege Sovereign But all this time there was no Act of Parliament made either against Recusants or Jesuites or Priests her Majesty still desiring and expecting their conversion and that by clemency and mildness they might be reclaimed to their former obedience and conformity before the said Bull. After Priests and Jesuites were punished by sentence of Law according to their demerits then great numbers of slanderous and seditious Books libri falsidici against her Majesty and the State were dispersed and scattered within this Realm tending to the inciting and stirring of the Subjects to Insurrection and Rebellion Her Majestie in open Parliament having with the Lords Spiritual and Temporal and Commons mature consideration of so weighty and important causes in the 23. year of her Reign made two several Laws One against the makers and publishers of Seditious Books ordaining that offence to be Felony another against Recusants inflicting the penalty of twenty pounds the month for their Recusancie and yet upon their submission according to the Act to be thereof freely and absolutely discharged a milde and merciful Law considering their former Conformity and the cause of their Revolt But after these Jesuites and Romish Priests coming daily into and swarming within the Realm instilling still this poison into the Subjects hearts that by reason of the said Bull of Pius Quintus her Majesty was excommunicated deprived of her Kingdome that her Subjects were discharged of all Obedience to her and by all means endeavouring to withdraw them from their Duty and Allegeance to her Majesty and to reconcile them to the Church of Rome in the 27. year of her Reign by Authority of Parliament her Majesty made it Treason for any Jesuite or Romish Priest being her natural-born Subject and made a Romish Priest or Jesuite sithence the beginning of her Reign to come into any of her dominions intending thereby to keep them out of the same to the end that they should not infect any other Subjects with such treasonable and damnable perswasions and practices as are aforesaid which without controversie were high Treason by the ancient Common Laws of England Neither would ever magnanimous King of England fithence the first establishment of this Monarchy have suffered any especially being his own natural-born
9.24 H. 8. c. 12.27 H. 8. c. 20.32 H. 8. c. 7.1 E. 6. ca. 2.2 E. 6. ca. 13.1 Ma. cap. 3.1 Eliz. ca. 1.5 Eliz ca. 23.13 Eliz. ca. 10. Litt. lib. 2. ca. Frankalm fol. 30. F. Na. Br. fol. 41 42 43 44 45 46 47. Regist fol. 33 34 44. c. This King reigned an Dom. 755. Stanford lib. 3. cap. 38. fol. 111. This charter was pleaded 1 H. 7.23.25 Note Rex Edwin regnavit anno Dom. 955. St. K. Edw. laws ca. 19. 7 E. 3. tit Quare Impediâ— 19. The Charter of H. 1. Founder of the Abbey of Reading in the 26. year of his reign and in the year of our Lord 1125. 2 H. 3. Tit. Prohibition .13 4 H. 3. ibidem 15. 15 H. 3. Tit. Prohib 22. Register fol. The Statute of Merton an 20 H. 3. Vide 30 E. 3. Li. ss pl. 19. Brook tit Premunire pl. 10. Note this was by the common Law of England before any Statute made 19 E. 3. tit Quare non admisit 7. Vide 39 E. 3.20 Note The Statute of Bigamie 〈◊〉 4 E. 1. Observe how the King by advice of his Council that is by authority of Parliament expounded how the said Council should be understood and in what sense it should be received and allowed here Statutum de anno 25 E. 1. Carlisle Vide 20 E. 3. tit Essoin 24. Nota The first attempt was to usurp upon such Ecclesiasticall things as pertained to the Clergy of England who at that time stood in great awe of the Church of Rome The Statute of 9 E. 2. Artic Cleri cap. 16. See the Ordinance of Circumspectè agatis an 13 E. 1. to this effect By this Statute of 9 Ed. 2. and the Statutes of 15 E. 3. cap. 6. 31 E. 3. cap. 11. and by other Statutes heretofore mentioned the Jurisdiction of the Ecclesiasticall Court is allowed and warranted by consent of Parliament in all cases wherein they now have Jurisdiction so as these Laws may be justly called the King's Ecclesiasticall Laws or the Ecclesiasticall Laws of England 16 E. 3. Tit Excom 4. In the Reign of E. 3. 17 E. 3.23 20 E. 3. Excom 9. 16 E. 3. tit Bre. 660. 21 E. 3.60 6 H. 7.14 Fit Na. Br. 20 E. 3. Tit. Excom 6. 21 E. 3. fol. 40. 22 E. 3. lib. Ass pl. 75. 27 E. 3. fol. 84. Fit Na. Br. fol. 34. 30. E. 3. lib. Ass pl. 19. 12 H. 4.16 14 H. 4.14 8 H. 6. fol. 3. 35 H. 6.42 28 H. 6.1 7 E. 4.14 12 E. 4.16 Fit Na. Br. fol. 64. F. Vide 9. E. 4. fol. 3. Hereafter fol. 11. It ought to be determined in theâ—â—cclesiasticall Courts in England 31 E. 3. Tit. Excom 6. 33 E. 3. tit â—yde de Roy 103.38 Ass pl. 20. See the Statute of 15 E. 3. cap. 6. 31 E. 3. cap. 11. 38 Lib. Ass pl. 22. 46 E. 3. Tit. Premun 6. 49 E. 3. Lib. Ass pl. 8. Statut. de 25 E. 3. de Provisoribus Statut. de 25 E. 3. Note Note Vide 10 E. 3. fol. 1. 2. Statutum de 27 E. 3. Statut. de 28 E. 3. cap. 1. 2. Statut. de 38 E. 3. ca 3. 12 R. 2. tit Jurisdiction 18. Statutum de 16 R. 2. cap. 5. Note 1 H. 4. fol. 9. Fitz. Na. â—r 269. This had a resemblance to an Attainder of Treason wherein there must be first an Inditement by one Jury and a Conviction by another 11 H. 4.37 11 H. 4. fol. 69.76 14 H. 4. fol. 14. Vide 30 E. 3. lib. Ass pl. 19. before Vide 13 E. 3. Certificate 6. Vide 20 H. 6.1 37 H. 6.42 7 E. 4.14 Fitz. Na. Br. 64. F. 14 H. 4.14 Statut. de 2 H. 4. cap. 3. Statut. de 6 H. 4 cap. 1. Statut. de 7 H. 4. cap. 6. Statut. de 3 H. 5 cap. 4. * Stat. de 2 H. 5. cap. 7. Lollardry à lolio For as Cockle is the destruction of the Corn so is Heresie the destruction of true Religion Infelix lolium steriles dominantur avenae Virgilius Et careant loliis oculos vitiantibus agri Ovidius Statutum de 2 H. 5. cap. 1. 8 H. 6. fol. 3. 9 H. 6. fol. 16. 1 H. 7. fol. 10. 1 H. 7. fol. 20. 9 E. 4.3 Fitz. Na. Br. fol. 44. H. agreeth herewith Note 9 E. 4.28 12 E. 4. fo 16. 2 R. 3. fo 22. 1 H. 7.10 Statut. de 1 H. 7. cap. 4. 10 H. 7.18 11 H. 7.12 Statut. de 24 H. 8. cap. 12. This Statute is declaratorie of the ancient laws of England as manifestly appeareth by that which hath been said See Br. Abridgment tit Presentment al Esglise pl. 12. The Pope was permitted to doe certain things within this realm by usurpation and not of right until the reign of H. 8. This also is declaratory of the ancient Law as it appeareth both by 9 E. 4.3 Fitz. Na. B. 44. and many other cases and statutes abovesaid Statut. de 25 H. 8. cap. 21. This was also declaratory of the ancient Law as by that which hath been said appeareth This appeareth by resolution of all the Judges in 7 H. 8. Lib. Keylw fo 181. And this was long before any Act of Parliament was made against forrein Jurisdiction by King Henry the 8. The Statute of 1 Q. Eliz. 12 Eliz. Reg. Dyer Psalm 109.28 Though they curse yet bless thou O Lord and let them be confounded that rise against me but let thy servant rejoyce Which was the prayer her Majesty made when this Bull was published against her The Statute of 13 Eliz. Note the fruits of the Bull. 1. 2. 3. 4. The parts of the Act. 1. 2. 3. 4. 5. The Statute of an 23 Reginae Eliz. The Statute of an 27 Eliz. Reginae