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

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 where●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

Britanniae Anglorum Regem Monarcham By which it appeareth that the King by his Charter made in Parliament for it appeareth to be made by the counsell and consent of his Bishops and Senators of his Kingdome which were assembled in Parliament did discharge and exempt the said Abbot from the Jurisdiction of the Bishop c. and by the same Charter did grant to the said Abbot Ecclesiasticall Jurisdiction within his said Abbey which Ecclesiasticall Jurisdiction being derived from the Crown continued untill the Dissolution of the said Abbey in the Reign of King Henry the Eighth In the Reign of King Edward the Confessor THe King who is the Vicar of the Highest King is ordained to this end that he should govern and rule the Kingdome and people of the Land and above all things the Holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief And this shall suffice for many before the Conquest In the Reign of King William the First IT is agreed that no man can make any Appropriation of any Church having Cure of Souls being a thing Ecclesiastical and to be made to some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction But William the First of himself without any other as King of England made Appropriation of Churches with Cure to Ecclesiastical persons Wherefore it followeth that he had Ecclesiasticall Jurisdiction In the Reign of King Henry the First HEnry by the Grace of God King of England Duke of Normans To all Archbishops Bishops Abbots Earls Barons and to all Christians as well present as to come c. We do ordain as well in regard of Ecclesiasticall as Royall power that whensoever the Abbot of Reading shall die that all the possession of the Monastery wheresoever it is do remain entire and free with all the rights and customs thereof in the hands and disposition of the Prior and Monks of the Chapter of Reading We do therefore ordain and establish this Ordinance to be observed for ever because the Abbot of Reading hath no Revenues proper and peculiar to himself but common with his brethren whosoever by God's will shall be appointed Abbot in this place by Canonicall election may not dispend the Alms of the Abbey by ill usage with his secular kinsmen or any other but in entertaining the poor Pilgrims and Strangers and that he have a care not to give out the Rent-lands in fee neither that he make any Servitors or Souldiers but in the Sacred garment of Christ wherein let him be advisedly provident he entertain not young ones but that he entertain men of ripe age or discreet as well Clerks as Lay-men In the Reign of King Henry the Third IN all the time of H. 3. and his Progenitors Kings of England and ever fithence if any man did sue afore any Judge Ecclesiasticall within the Realm for any thing whereof that Court by allowance and custome had not lawful conusance the King did ever by his Writ under his great Seal prohibit them to proceed And if the suggestion made to the King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under his great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors King of England and ever fithence if any issue were joyned ●pon the loyalty of Marriage general Bastardy or such like the King did ever write to the Bishop of that Diocese as mediate Officer and Minister to his Court to certifie the loyalty of Marriage Bastardy or such like all which do apparently prove that those Ecclesiastical Courts were under the King's Jurisdiction and commandment and that one of the Courts wure so necessarily incident to the other as the one without the other could not deliver Justice to the parties as well in these particular cases as in a number of cases before specified whereof the King 's Ecclesiasticall Court hath Jurisdiction Now to command and to be obeyed belong to Sovereign and Supreme Government By the ancient Canons and Decrees of the Church of Rome the issue born before solemnization of marriage is as lawfully inheritable marriage following as the issue born after marriage But this was never allowed or appointed in England and therefore was never of any force here And this appeareth by the Statute of Merton made in the 20. year of King Henry the 3. To the King 's Writ of Bastardy whether one being born afore matrimony may inherit in like manner as he that is born after matrimony all the Bishops answered that they would not nor could not answer to it because it was directly against the common order of the Church And all the Bishops instanted the Lords that they would consent that all such as were born afore matrimony should be legitimate as well as they that be born within matrimony as to the succession of inheritance forsomuch as the Church accepteth such to be legitimate And all the Earls and Barons with one voice answered We will not change the Laws of England which hitherto have been used and approved In the Reign of King Edward the First IN the Reign of King Edward the First a Subject brought in a Bull of Excommunication against another Subject of this Realm and published it to the Lord Treasurer of England and this was by the ancient Common Law of England adjudged Treason against the King his Crown and Dignity for the which the offendor should have been drawn and hanged but at the great instance of the Chancellour and Treasurer he was onely abjured the Realm for ever The said King Edward the 1. presented his Clerk to a Benefice within the Province of York who was refused by the Archbishop for that the Pope by way of Provision had conferred it on another The King thereupon brought a Quare non admisit The Archbishop pleaded that the Bishop of Rome had long time before provided to the said Church as one having supreme Authority in that case and that he durst not nor had power to put him out which was by the Pope's Bull in possession For which his high Contempt against the King his Crown and Dignity in refusing to execute his Sovereign's Commandment fearing to doe it against the Pope's Provision by judgement of the Common Law the Lands of his whole Bishoprick were seized into the King's hands and lost during his life Which Judgement was before any Statute or Act of Parliament was made in that case And there it is said that for the like offence the Archbishop of Canterbury had been in worse case by the judgement of the Sages of the Law then to be punished for a Contempt if the King had not extended grace and favour to him Concerning men twice married called Bigamy whom the Bishop of Rome by a Constitution made at the Council of Lions hath excluded from all priviledge of Clergy whereupon certain Prelates

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

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 Cr●wn of England A comparison of the spiritual Monarchy of the Church with the temporal Monarchies of the world The Pope had no jurisdiction in England in the time of the Britans The first usurpation of the Pope upon the Crown began in the time of King William the Conquerour By sending Legates into England In the time of William Rufus the Pope attempted to draw Appeals to Rome but prevailed not In the time of K. Henry the first the Pope usurpeth the donation of Bishoprikks c. Histor Jornalensis M S. in Archiv Rob. Cotton Eq. Aur. In the time of King Stephen the Pope gained Appeals to the Court of Rome In the time of K. Henry 2. the Pope claimed exemption of Clerks from the Secular power A brief of Th. Becket's troubles or rather treasons The Constitutions of Claringdon Four points of jurisdiction usurped upon the crown of England by the Pope before the reign of K. John The cause of the quarrell between K. John and the Pope When Canonical election began first in England King John's round and Kingly Letter to the Pope The Pope curseth the King and interdicteth the Realm King Edw. 1. opp●seth the Pope's Vsurpation E. 2. suffereth the Pope to usurp again E. 3. resisteth the Vsurpation of the Pope King Rich. 2. The Evidence against Lalor Lalor's Confession publickly read When the distinction of Ecclesiasticall Spirituall causes from Civil and Temporal causes began in the world Caudrey's Case The objections of the Counsell of the Plaintif 1. 2. 3. 4. The resolutions of the Court to the 1. and 2. To the 3. To the 4. What causes belong to the Ecclesiasticall Court. see Circumspectè agatis 13 E. 1. W. 2. 13 E. 1. cap. 5. versus finem Artic. cleri 9 E. 2. 15 E. 3. c. 6.31 E. 3. cap. 11.2 H. 5. c. 7.1 H. 7. cap. 4.23 H. 8. cap.