Rome Our Archbishops did not purchase their Palls there neither had the Pope the Investiture of any of our Bishopricks For it is to be observed that as under the Temporal Monarchy of Rome Britany was one of the last Provinces that was wone and one of the first that was lost again so under the Spiritual Monarchy of the Pope of Rome England was one of the last Countries of Christendom that received his yoke and was again one of the first that did reject and cast it off And truly as in this so in divers other points the course of this Spiritual Monarchy of the Pope may be aptly compared with the course of the Temporal Monarchies of the world For as the Temporal Monarchies were first raised by intrusion upon other Princes and Commonweals so did this Spiritual Prince as they now style him grow to his greatness by usurping upon other States and Churches As the Temporal Monarchies following the course of the Sun did rise in the East and settle in the West so did the Hierarchy or government of the Church Of the four Temporal Monarchies the first two were in Asia the latter two in Europe but the Roman Monarchy did surpass and suppress them all So were there four great Patriarchs or Ecclesiastical Hierarchies two in the East and two in the West but the Roman Patriarch exalted himself and usurped a Supremacy above them all And as the rising of the Roman Empire was most opposed by the State of Carthage in Africa aemula Romae Carthago so the Council of Carthage and the African Bishops did first forbid Appeals to Rome and opposed the Supremacy of the Pope And doth not Daniel's Image whose head was of gold and legs and feet of iron and clay represent this Spiritual Monarchy as well as the Temporal whereas the first Bishops of Rome were golden Priests though they had but wooden Chalices and that the Popes of later times have been for the most part worldly and earthly-minded And as the Northern Nations first revolted from the Roman Monarchy and at last brake it in pieces have not the North and North-west Nations first fallen away from the Papacy and are they not like in the end to bring it to ruine But to return to our purpose The Bishop of Rome before the first Norman Conquest had no jurisdiction in the Realm of England neither in the time of the Britans nor in the time of the Saxons Eleutherius the Pope within less then 200 years after Christ writes to Lucius the British King and calls him God's Vicar within his Kingdom which title he would not have given to that King if himself under pretence of being God's Vicar-generall in earth had claimed jurisdiction overall Christian Kingdoms Pelagius the Monk of Bangor about the year 400 being cited to Rome refused to appear upon the Pope's citation affirming that Britain was neither within his Diocese nor his Province After that about the year 600 Augustine the Monk was sent by Gregory the Great into England to convert the Saxons to Christian Religion the British Bishops then remaining in Wales regarded not his Commission nor his doctrine as not owing any duty nor having any dependency on the Court of Rome but still retained their ceremonies and traditions which they received from the East Church upon the first plantation of the Faith in that Island being divers and contrary to those of the Church of Rome which Augustine did endeavour to impose upon them The like doth Beda write of the Irish Priests and Bishops For in the year 660. he reporteth that a Convocation of the Clergy being called by King Oswif there rose a disputation between Colman one of our Irish Saints then present in that Synod and Wilfrid a Saxon Priest touching the observation of Easter wherein the British and Irish Churches did then differ from the Church of Rome Colman for the celebration of Easter used in Ireland affirmed it was the same quod beatus Evangelâ—stâ— Joannes discipulus specialiter à Domino dilectus in omnibus quibus praeerat Ecclesiis eelebrâsse legitur On the other part Wilfrid alledged that all the Churches of Christendom did then celebrate Easter after the Roman manner except the Churches of the Britans and Picts qui contra totum orbem said he stulto labore pugnant Whereunto Colman replied Miror quare stultum laborem appellas in quo tanti Apostoli qui super pectus Domini recumbere dignus fuit exempla sectamur Numquid reverendissimum patrem nostrum Columbam ejus successores viros à Deo dilectos divinis paginis contraria sapuisse aut egisse credendum est In this disputation or dialogue two things may be observed first that at this time the authority of the Bishop of Rome was of no estimation in these Islands next that the Primitive Churches of Britany and Ireland were instituted according to the form and discipline of the East Churches and not of the West and planted by the Disciples of John and not of Peter Thus much for the time of the Britans For the Saxons though King Ina gave the Peter-pence to the Pope partly as Almes and partly in recompence of a house erected in Rome for entertainment of English pilgrims yet it is certain that Alfred and Athelstane Edgar and Edmund Canutus and Edward the Confessor and divers other Kings of the Saxon race did give all the Bishopricks in England per annulum baculum without any other ceremony as the Emperour and the French King and other Christian Princes were wont to doe They made also several Laws for the government of the Church Among others Saint Edward begins his Laws with this protestation that it is his Princely charge ut populum Domini super omnia sanctam Ecclesiam regat gubernet Aud King Edgar in his Oration to his English Clergy Ego saith he Constantinis vos Petri gladium habetis jungamus dextras gladium gladio copulemus ut ejiciantur extra castra leprosi purgetur sanctuarium Domini So as the Kings of England with their own Clergy did govern the Church and therein sought no aid of the Court of Rome And the troth is that though the Pope had then long hands yet he did not extend them so far as England because they were full of business nearer home in drawing the Emperour and the French King under his yoke But upon the Conquest made by the Norman he apprehended the first occasion to usurp upon the Liberties of the Crown of England For the Conquerour came in with the Pope's Banner and under it wone the battel which got him the garland and therefore the Pope presumed he might boldly pluck some flowers from it being partly gained by his countenance and blessing Hereupon he sent two Legates into England which were admitted and received by the Conquerour With them he called a Synod of the Clergy and deposed old Stigand Archbishop of Canterbury because he had
recommendation unto the young King his Son then lately crowned who hearing of his coming commanded him to forbear to come to his presence untill he had absolved the Archbishop of York and others whom he had excommunicated for performing their duties at his Coronation The Archbishop returned answer that they had done him wrong in usurping his office yet if they would take a solemn oath to become obedient to the Pope's commandment in all things concerning the Church he would absolve them The Bishops understanding this protested they would never take that oath unless the King willed them so to doe King Henry the Father being hereof advertised into France did rise into great passion and choler and in the hearing of some of his servants uttered words to this effect Will no man revenge me of mine enemies Whereupon the 4 Gentlemen named in the Stories of that time passed into England and first moving the Archbishop to absolve the Bishops whom he had excommunicated for performing their Duties at the young King's Coronation and receiving a peremptory answer of deniall from the Archbishop they laid violent hands upon him and slew him for which the King was fain not onely to suffer corporal penance but in token of his humiliation to kisse the knee of the Pope's Legate And this is the abridgement of Becket's Troubles or rather Treasons for which he was celebrated for so famous a Martyr And thus you see by what degrees the Court of Rome did within the space of one hundred and odde years usurp upon the Crown of England four points of Jurisdiction Viz. First sending out of Legates into England Secondly drawing of Appeals to the Court of Rome Thirdly donation of Bishopricks and other Ecclesiasticall Benefices And fourthly exemption of Clerks from the Secular power And you see withall how our Kings and Parliaments have from time to time opposed and withstood this unjust Usurpation Now then the Bishop of Rome having claimed and welnigh recovered full and sole jurisdiction in all causes Ecclesiasticall and over all persons Ecclesiasticall with power to dispose of all Ecclesiasticall Benefices in England whereby he had upon the matter made an absolute conquest of more then half the Kingdome for every one that could read the Psalm of Miserere was a Clerk and the Clergie possessed the moietie of all temporall possessions there remained now nothing to make him owner and proprietor of all but to get a surrender of the Crown and to make the King his Farmer and the people his Villains which he fully accomplished and brought to passe in the times of King John and of Hen. 3. The quarrell between the Pope and King John which wrested the Scepter out of his hand and in the end brake his heart began about the Election of the Archbishop of Canterbury I call it Election and not Donation or Investiture for the manner of investing of Bishops by the Staffe and Ring after the time of King Hen. 1. was not any more used but by the King's licence they were Canonically elected and being elected the King gave his Royall assent to their election and by restitution of their Temporalties did fully invest them And though this course of election began to be in use in the time of Rich. 1. and Hen. 2. yet I find it not confirmed by any Constitution or Charter before the time of King John who by his Charter dated the fifteenth of January in the sixteenth year of his Reign granted this privilege to the Church of England in these words viz. Quod qualiscunque consuetudo temporibus praedecessorum nostrorum hactenus in Ecclesia Anglicana fuerit observata quidquid juris nobis hactenus vindicaverimus de caetero in universis singulis Ecclesiis Mâ—nasteriis Cathedralibus Conventualibus totius regni Angliae liberae sint in perpetuum electiones quorumcumque Praelatorum majorum minorum Salvâ nobis haeredibus nostris custodiâ Ecclesiarum Monasteriorum vacantium quae ad nos pertinent Promittimus etiam quod nec impediemus nec impediri permittemus per ministros nostros nec procurabimus quin in universis singulis Monasteriis Ecclesiis postquam vacuerint praelaturae quemcunque voluerint libere sibi praeficiant electores Pastorum petitâ tamen à nobis priùs haeredibus nostris licentiâ eligendis quam non denegabimus nec differemus Et similiter post celebratam electionem noster requiratur assensus quem non denegabimus nisi adversus eandem rationale proposuerimus legitimè probaverimus propter quod non debemus consentire c. But to return to the cause of his great quarrell with the Pope The See of Canterbury being void the Monks of Canterbury suddenly and secretly without the King's licence elected one Reignold their Subprior to be Archbishop who immediately posted away to be confirmed by the Pope But when he came there the Pope rejected him because he came not recommended from the King Hereupon the Monks made suit to the King to nominate some fit person to whose election they might proceed The King commends John Gray Bishop of Norwich his principall Counsellour who was afterward Lord Justice of this Kingdome who with a full consent was elected by them and afterwards admitted and fully invested by the King These two elections bred such a controversie as none might determine but the Pope who gave a short rule in the case for he pronounced both elections void and caused some of the Monks of Canterbury who were then present in the Court of Rome to proceed to the election of Stephen Langton lately made Cardinal at the motion and suit of the French King who being so elected was forthwith confirmed and consecrated by the Pope and recommended to the King of England with a flattering Letter and a present of four Rings set with precious stones which were of great value and estimation in those days Howbeit the King more esteeming this Jewell of the Crown namely the Patronage of Bishopricks returned a round and Kingly answer to the Pope That inconsiderately and rashly he had cassed and made void the election of the Bishop of Norwich and had caused one Langton a man to him unknown and bred up and nourished amongst his mortal enemies to be consecrated Archbishop without any due form of election and without his Royal assent which was most of all requisite by the ancient laws and customes of his Realm That he marvelled much that the Pope himself and the whole Court of Rome did not consider what a precious account they ought to make of the King of England's friendship in regard that his one Kingdome did yield them more profit and revenue then all the other countries on this side the Alpes To conclude he would maintain the liberties of his Crown to the death he would restrain all his subjects from going to Rome And since the Archbishops Bishops and other Prelates within his dominions were as learned and religious
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
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.
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
such Bulls so purchased or any such Balls to be purchased in time to come upon the pain of a Premunire as by the said Act appeareth In the Reign of King Henry the Fifth IN an Act of Parliament made in the third year of King H. 5. it is declared That whereas in the time of King H. 4. Father to the said King in the 7. year of his Reign to eschew many discords and debates and divers other mischiefs which were likely to arise and happen because of many Provisions then made or to be made by the Pope and also of Licence thereupon granted by the said late King amongst other things it was ordained and established That no such Licence or Pardon so granted before the same Ordinance or afterwards to be granted should be available to any Benefice full of any Incumbent at the day of the date of such Licence or Pardon granted Nevertheless divers persons having Provisions of the Pope of divers Benefices in England and elsewhere and Licences Royall to execute the same Provisions have by colour of the same Provisions Licences and Acceptations of the said Benefices subtilly excluded divers persons of their Benefices in which they had been Incumbents by a long season of the collation of the very Patrons Spiritual to them duely made to their intent to the final destruction and enervation of the states of the same Incumbents The King willing to void such mischiefs hath ordained and established That all the Incumbents of every Benefice of Holy Church of the Patronage Collation or Presentation of Spirituall Patrons might quietly and peaceably enjoy their said Benefices without being inquieted molested or any ways grieved by any colour of such Provisions Licences abd Acceptations And that all the Licences and Pardons upon and by such Provisions made in any manner should be void and of no value And if any feel himself grieved molested or inquieted in any wise from thenceforth by any by colour of such Provisions Licences Pardons or Acceptations that the same molestors grievors or inquietors and every of them have and incurre the pains and punishments contained in the Statutes of Provisors before that time made as by the said Act appeareth A Statute was made for extirpation of Heresie and Lollardry whereby full power and authority was given to the Justices of Peace and Justices of Assise to inquire of those that hold Errours Heresies or Lollardry and of their maintainers c. And that the Sheriffe or other Officer c. may arrest and apprehend them The King by consent of Parliament giveth power to Ordinaries to enquire of the foundation erection and governance of Hospitals other then such as be of the King's foundation and thereupon to make correction and reformation according to the Ecclesiasticall Law In the Reign of King Henry the Sixth EXcommunication made and certified by the Pope is of no force to disable any man within England And this is by the ancient Common Laws before any Statute was made concerning forrein Jurisdiction The King onely may grant or licence to found a Spiritual Incorporation In the Reign of King Henry the 6. the Pope writ Letters in derogation of the King and his Regalty and the Church-men durst not speak against them But Humfrey Duke of Gloucester for their safe keeping put them into the fire In the Reign of King Edward the Fourth IN the Reign of King Edward the Fourth the Pope granted to the Prior of Saint Johns to have Sanctuary within his Priory and this was pleaded and claimed by the Prior But it was resolved by the Judges that the Pope had no power to grant any Sanctuary within this Realm and therefore by judgement of the Law the same was disallowed There it appeareth that the opinion of the King's Bench had been oftentimes that if one Spiritual person sue another Spiritual man in the Court of Rome for a matter spiritual where he might have remedy before his Ordinary that is the Bishop of that Diocese within the Realm quia trahit ipsum in placitum extra regnum incurreth the danger of a Premunire a hainous offence it being contra legiantiae suae debitum in contemptum Domini Regis contra Coronam dignitatem suas By which it appeareth how grievous an offence it was against the King his Crown and Dignity if any subject although both the persons and cause were Spirituall did seek for justice out of the Realm as though either there wanted Jurisdiction or Justice was not executed in the Ecclesiastical Courts within the same which as it hath been said was an high offence contra Regem Coronam dignitatem suas In the King's Courts of Record where Felonies are determined the Bishop or his Deputy ought to give his attendance to the end that if any that is indicted and arraigned for Felony do demand the benefit of his Clergy that the Ordinary may inform the Court of his sufficiency or insufficiency that is whether he can reade as a Clerk or not whereof notwithstanding the Ordinary is not to judge but is a minister to the King's Court and the Judges of that Court are to judge of the sufficiency or insufficiency of the party whatsoever the Ordinary doth inform them and upon due examination of the party may give judgement against the Ordinarie's information for the King's Judges are Judges of the cause The Pope's Excommunication is of no force within the Realm of England In the Reign of King Edward the Fourth a Legate from the Pope came to Calice to have come into England but the King and his Council would not suffer him to come within England until he had taken an oath that he should attempt nothing against the King or his Crown and so the like was done in his Reign to another of the Pope's Legates And this is so reported in 1 Henrici 7. fol. 10. In the Reign of King Richard the Third IT is resolved by the Judges That a Judgement or Excommunication in the Court of Rome should not bind or prejudice any man within England at the Common Law In the Reign of King Henry the Seventh IN the Reign of King Henry the 7. the Pope had excommunicated all such persons whatsoever as had bought Allum of the Florentines And it was resolved by all the Judges of England that the Pope's Excommunication ought not to be obeyed or to be put in execution within the Realm of England In a Parliament holden in the first year of King Henry the Seventh for the more sure and likely reformation of Priests Clerks and Religious men culpable or by their demerits openly noised of incontinent living in their bodies contrary to their Order it was enacted ordained and established by the advice and assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by authority of the same That it be lawful to all Archbishops and Bishops
ENGLAND'S INDEPENDENCY Upon the Papal Power Historically and Judicially Stated By Sr. JOHN DAVIS Attorney Generall in Ireland And by Sr. EDWARD COKE Lord Chief Justice in England In Two REPORTS Selected from their greater Volumes For the Convincing of our English Romanists and Confirming of those who are yet unperverted to the Court or Church of ROME With a Preface written by Sir JOHN PETTUS Knight LONDON Printed by E. Flesher I. Streater and H. Twyford Assigns of Richard Atkins and Edward Atkins Esquires And are to be sold by severall Book-sellers in Fleetstreet and Holborn MDCLXXIV To the Right Honourable JAMES Earle of SUFFOLK Lord Lieutenant of that County c. MY LORD I Have the honour of being one of your Deputies in the County of Suffolk which I hope will admit me to the freedome of placing your Lordship in the Front of Two Reports cull'd out from the many other Reports of two as Learned persons in our Laws as that Age did afford I have perswaded the Stationer to reprint them as fit at this time to be generally perus'd For Sr. John Davis in his Report of Lalor's Case gives an Historicall Account of the Pope's Invasions upon us from Edward the Confessor's time in matters Civil and the Lord Chief Justice Coke gives also a full and clear Account of the Pope's Intrusions upon us in matters Ecclesiasticall Neither of them do meddle with the Cavills of Religion between us and the Papal Power but what concerns their State and ours and that deduced from Antiquity how we ought to pay our single Obedience both to Church and State as our Predecessors have done or endeavour'd to doe for many Ages to their respective Kings And though there have been many Invasions or Intrusions upon us by the Power and Policy of the Pope and his Agents yet we were alwaies struggling to get out Sometimes we mastered them and sometimes we were mastered by them according to the Resolution or Weakness of those our former Kings who were to maintain their inherent Interests And however some Papal Pretences seem to be yet we may clearly see when they got the upper hand what Subjection they intended to impose upon us as they did on King John and they nick'd the time when he was imbroyl'd and even totally immerged in the Distempers of his untruly Subjects and inraged Forreiners and then by the opportunity of those Factions and Forreiners they did subjugate this Kingdome to his Principality in Italy and made it its Vassall more then ever any Emperour of Rome did pretend to or could accomplish And though after King John there were various Contests by our successive Kings yet none did so effectually rout the Papal Interest here as Henry the VIII for which the Romanists do rip up all his Vices to make him as odious to the world as possible and among other things they affirm that He was the man that rebell'd from their Church Whenas their Historie and ours tell us and them that he lived and died a Roman Catholick And they farther say that it was He that brought in our Religion which they now call Heresie and is but a Reformation of theirs and even that Reformation was begun and prosecuted though but in parcells by former Ages but not establisht till Henry the VIII had first broke their Civil Interest here and then it went on with ease by King Henry's Successours But by their Railings on Henry the VIII Luther Calvin and I know not whom whose Doctrines we do not altogether follow the Papal Agents do most wonderfully deceive the unfixt and wavering minds of men who do not know the true Foundation of our Church and State here in England clearly and through all Antiquity independent upon any Church or State but its own or on any person but the Monarch thereof as is most fully set forth in these excellent Reports wherein your Lordship and others by an hour 's reading may see what is our Right and how it hath been maintain'd and lost and regain'd by that most resolute Prince then owning the whole Body of the Papal Doctrine but not the Pope's Superiority or power to establish any thing in these Kingdomes It is true this Prince had Discontents and was crost in his Designs which it may be did either provoke him or upon this it is likely he did take occasion to pick a quarrel that he might the more speciously accomplish what his Predecessours could not effect However God doth often produce good Events by such as we call evill Mediums as the Beams of the Sun make their way through Darknesse and Vapours which now again begin to spread over our heads like thick Clouds contracted by long Exhalations ready to break and send forth Lightning Thunder and Storms upon this Nation And thus I apprehend their contraction When Henry the VIII had thus restor'd us to our Liberties and ancient Rights and disbanded the Papall Power and Interest here it was time for the Pope to contrive some other Stratagems and therefore what he could not doe by the power of Bulls c. he tries to effect by a long and continued Art And first he infuseth into his Catholick King of Spain how fit a person he was to be Universal Monarch of Christendome which the King of Spain's Ambition readilie embraced the whole Design whereof may be read in Campanella the Jesuite in his Discourse of the Spanish Monarchy About the same time the Pope also inveigles his most Christian King Henry the IV. of France telling him also how fit a person he was to be Universal Moderator of Christendome which Bait this King's Ambition did also readily embrace the whole Modell and Platform whereâ—f is also set down by the Bishop of Rhodes in his History of the said Henry the IV. And in all this time while both these Kings were driving on these Designs it is observable by the Confession of those Historians that neither of them were privy to each other's Intentions the business was so cunningly managed by the Pope whose great Art it was to keep their Designs secret and put both their Wheels in motion at once yet to keep his Spoak in that Wheel which turned most to his advantage In both these cited Books of Rhodes and Campanella your Lordship will find that their chief aims and directions were to weaken the English and therein they say in these words That there was no better way then by causing Divisions and Dissensions among the English and by continuall keeping up the same and that as for their Religion it could not be easily rooted out unless there were some certain Schools erected in Flanders c. by the Scholars whereof there should be scattered abroad the seeds for Divisions in the Natural and Theologicall Sciences which would distract and discompose their opinions and judgments and that the English being of a nature still desirous of Novelties and Changes are easily wrought over to any thing Now that this hath been put in practice