any liuing man yet it is continued preserued in the memory of men liuing doth farre excell our written lawes namely our Statutes or Actes of Parliament which is manifest in this that when our Parliaments haue altered or changed any fundamentall pointes of the Common lawe those alterations haue beene found by experience to bee so inconuenient for the commonwealth as that the common lawe hath in effect beene restored againe in the same points by other Actes of Parliament in suceedîng ages And as our Custumary vnwritten lawe doth excell our Parliament lawes which are written so for the gouernment of the Common-weale of England which is as well instituted established as any Common-weale in Christendome Our natiue Common lawe is farre more apt agreeable then the Ciuill or Canon lawe or any other written lawe in the worlde besides howsoeuer some of our owne Countrimen who are Ciues in aliena Republica hospites in sua may perâ—â—ppes affirme the contrary But certaine it is That the greate and wise-men of England in the Parliament of Merton did not preferre a Forreine lawe before theire owne when motion being made by the Clergie that Children borne before Marriage might be adiudged legitumate They all made aunswere with one voice Nolumus Leges Angliae mutari And againe in II. R. 2. when a newe course of proceeding in Criminall Causes according to the forme of the Ciuill lawe was propounded in that vnruly Parliament Aunswere was made by all the Estates That the Realme of England neither had bin in former times nor hereafter should bee Ruled and gouerned by the Ciuill law Rot Parliam II. R. 2. in Archiv Turris And heere I may obserue for the Honour of our Nation and of our Auncestors who haue founded this Common-weale wherein wee liue and enioy so many felicities That England hauing had a good and happie Genius from the beginning hath bin enhabited alwaies with a vertuous wise people who euer embraced honest and good Customes full of Reason and conveniencie which being confirmed by common vse practise and continued time out of minde became the common lawe of the Land And though this lawe bee the peculiar inuention of this Nation and deliuered ouer from age to age by Tradition for the common lawe of England is a Tradition learned by Tradition as well as by Bookes yet may wee truly say That no humaine lawe written or vnwritten hath more certainty in the Rules and Maximes more coherence in the parts thereof or more harmony of reason in it nay wee may confidently averr that it doth excell all other lawes in vpholding a free Monarchie which is the most excellent forme of gouernment exalting the prerogatiue Royall and being very tender and watchfull to preserue it and yet maintaining withall the ingenuous liberty of the subiect Breefely it is â—o framed and sitted to the nature disposition of this people as wee may properly say it is connaturall to the Nation so as it cannot possibly bee ruled by any other lawe This lawe therefore doth demonstrate the strength of witt and reason and selfe sufficiencie which hath beene alwayes in the people of this land which haue made theire owne lawes out of their wisdome experience like a silke worme that formeth all her webb out of her selfe onely not begging or borrowing a forme of a common-weale either from Rome or from Greece as all other nations of Europe haue done but hauing sufficient prouision of lawe Iustice within the land haue no neede Iustitiam iudicium aâ— alienigenis emendicare as King Iohn wrote most nobly to Pope Innocent the third Matth Parishistor magn pag 215. En populus sapiens intelligens gens magna As it is said of Gods chosen people 4. Deuter. Neither could any one man euer vaunt that like Minos Solon or Lycurgus he was the first Lawegiuer to our Nation for neither did the King make his owne prerogatiue nor the Iudges make the Rules or Maximes of the lawe nor the common subiect prescribe and limitt the liberties which he enioyeth by the lawe but as it is said of euery Art or Science which is brought to perfection Per varios vsus artem experientia fecit so may it properly bee said of our lawe Per varios vsus legem experientia fecit Long experience many trialles of what was best for the common good did make the Common lawe But vppon what reason then doth Polidor Virgill other writers affirme that King William the Conqueror was our Lawegiuer caused all our lawes to bee written in French Assuredly the Norman Conqueror found the auncient lawes of England so honorable profitable both for the Prince people as that he thought it not fitt to make any alteration in the fundamentall pointes or substance thereof the change that was made was but in formulis iuris he altered some legall formes of proceeding to honor his owne language for a marke of Conquest withall he caused the pleading of diuers Actions to be made entred in French sett forth his publique Ordinances Acts of Counsell in the same tongue which forme of pleading in French continued till 36. Edw. 3. when in regard that the French tongue begann to growe out of vse which for many yeares after the Norman Conquest was as common as the English among the Gentry of England it was ordained by Parliament that all pleas should bee pleaded debated Iudged in the English tongue entred enrolled in Latine And as for our statutes or Acts of Parliament the billes were for the most part exhibited in French passed and enrolled in the same language euen till the time of King H. 7. And so are they printed in Rastalles first Abridgment of statutes published in the yeare 1559. But after the begining of King Henry 7. his raigne wee finde all our Acts of Parliament recorded in English Onely our Reports of the Cases resolutions and Iudgments in the lawe whereof our bookes of the lawe do consist haue euer vntill this day beene penned published in that mixt kinde of speech which wee call the lawe French differing indeede not a litle from the French tongue as it is now refined and spoken in Fraunce as well by reason of the words of Art and forme called the Tearmes of the lawe as for that wee doe still retaine many other old wordes Phrases of speech which were vsed foure hundred yeares since are now become obsolete out of vse among them but are growne by long continuall vse so apt so naturall so proper for the matter subiect of these Reports as no other language is significant enough to expresse the same but onely this lawe french wherein they are written And this is the true onely cause why our Reports other books of the lawe for the most part are not sett forth in English Latine or the moderne french for that the proper peculiar phrase of the common
adiudged high treason to bring in Bulls of Excommunication whereby the Realme should bee cursed 7 That no decree should bee brought from the Pope to bee executed in England vppon paine of imprisonment and confiscation of goods To these and other Constitutions of the like nature made at Claringdon all the rest of the Bishops and great men did subscribe and bound themselues by oath to obserue the same absolutly onely the Archbishop would not subscribe and sweare but with a Sauing saluosuo ordine bonore sancte Ecclesiâ— yet at last hee was content to make the like absolute subscription and oath as the rest had done but presently hee repented and to shewe his repentance suspended himselfe from celebrating Masse till he had receaued absolution from the Pope Then he began to maintaine and iustifie the exemption of Clarkes againe whereat the Kings displeasure was kindled a new and then the Archbishop once againe promised absolute obedience to the Kings lawes See the ficklenes mutability of your constant Martyr The King to bind fast this slippery Proteus called a Parliament of the Bishops and Barons and sending for the Roll of those lawes required all the Bishops to set their seales therevnto They all assented but the Archbishop who protested he would not set his seale nor giue allowance to those lawes The King being highly offended with his rebellious demeanor required the Barons in Parliament to giue Iudgement of him who being his subiect would not be ruled by his lawes Cito facite mihi iustitiam de illo qui homo meus ligeus est stare Iuri in Curia mearecusat Wherevppon the Barons proceeding against him being ready to condemne him I prohibit you quoth the Archbishop in the name of Almighty God to proceed against mee for I haue appealed to the Pope and so departed in contempt of that high Court Omnibus clamantibus saith Houenden quo progrederis proditor expecta audi iudicium tuum After this he lurked secretly neere the Sea shore and changing his apparell and name like a Iesuit of these times he tooke shipping with a purpose to flie to Rome but his passage being hindred by contrary windes hee was summoned to a Parliament at Northampton where he made default wilfully for which contempt his temporalties were seised and his body being attacht he was charged with so great an account to the King as that he was found in arreare thirty thousand markes and committed to prison whence hee found meanes to escape shortly after and to passe out of the Realme to Rome Hee was no sooner gone but the King sends writts to all the Shiriffs in England to attach the bodies of all such as made any appeales to the Court of Rome herevppon many messages and letters passing to froe all the suffragans of Canterbury ioyne in a letter to the Pope wherein they condemne the fugitiue Archbishop and iustifie the Kings proceedings Vppon this the Pope sends two Legates to the King being then in Normandy to mediate for the Archbishop They with the mediation of the French King preuailed so farre with King Henry as that he was pleased to accept his submission once againe and promised the King of France that if he would be obedient to his lawes he should enioy as ample liberties as any Archbishop of Canterbury euer had and so sent him into England with recommendation vnto the young King his Sonne then lately Crowned who hearing of his comming commaunded him to forbeare to come to his presence vntill he had absolued the Archbishop of Yorke others whome he had excommunicated for performing their duties at his Coronation The Archbishop returned answere that they had done him wrong in vsurping his office yet if they would take a solmne oath to become obedient to the Popes commaundement in all things concerning the Church he would absolute them The Bishops vnderstanding this protested they would neuer take that oath vnlesse the King willed them so to doe King Henry the father being hereof aduertised into France did rise into great passion and choler and in the hearing of some of his seruants vttered words to this effect Will no man reueng mee of mine enemies Wherevppon the foure Gentlemen named in the storyes of that time passed into England and first mouing the Archbishop to absolue the Bishops whome he had excommunicated for performing their duties at the young Kings Coronation and receauing a peremptory answere of deniall from the Archbishop they laid violent hands vppon him and slew him for which the King was faine not onely to suffer corporall pennance but in token of his humiliation to kisse the knee of the Popes Legate And this is the abridgement of Beckets troubles or rather treasons for which he was celebrated for so famous a Martyr Foure points of iurisdiction vsurped vppon the crowne of England by the Pope before the raigne of K. Iohn And thus you see by what degrees the Court of Rome did within the space of one hundred and odd yeares vsurpe vppon the Crowne of England foure points of Iurisdiction viz. First sending of Legats into England SecoÌ„dly drawing of appeales to the Court of Rome Thirdly donation of bishopricks and other Ecclesiasticall benefices and fourthly exemption of Clarkes from the secular power And you see withall how our Kings and Parliaments haue from time to time opposed and withstood this vniust vsurpation Now then the Bishop of Rome hauing claimed and welny recouered full and sole iurisdiction in all causes Ecclesiasticall and ouer all persons Ecclesiasticall with power to dispose of all Ecclesiasticall benefices in England whereby he had vppon the matter made an absolute conquest of more then halfe the kingdome for euerie one that could read the Psalme of Miserere was a Clarke the Cleargie possessed the moytie of all temporall possessions There remained now nothing to make him owner and proprietor of all but to geâ—â— a surrender of the Crowne and to make the King his Farmer and the people his Villaines which he fully accomplisht and brought to passe in the times of King Iohn and of Henr. 3. The cause of the quarrell betweene K. Iohn the Pope The quarrell betweene the Pope and King Iohn which wrested the Sceptor out of his hand and in the end brake his heart began about the election of the Archbishop of Canterbury I call it election and not donation or inuestiture for the manner of inuesting of Bishops by the Staffe and Ring after the time of King Henr. 1. was not any more vsed but by the Kings licence they were Canonically elected and being elected the King gaue his Roiall assent to their election and by restitution of their temporalties did fully inuest them And though this course of election began to be in vse in the time of Rich. 1. and Henr. 2. Yet I finde it not confirmed by any Constitution or Charter before the time of King Iohn who by his Charter dated the fifteenth of Ianuary in the
LE PRIMER REport des Cases Matters en Ley resolues adiudges en les Courts del Roy en Ireland Collect et digest per S r. Iohn Dauys Chiualer Atturney Generall del Roy en cest Realme Liber librum aperit DVBLIN Printed by Iohn Franckton Printer to the Kings most excellent Maiestie Anno. 1615. TO THE RIGHT HONORABLE MY SINGVLAR GOOD LORD THOMAS LORD ELLESMERE LORD CHAVNcellor of England KIng Henry the Second my most honorable good Lord was the first King of England after the Norman Conquest that was styled Lord of Ireland Yet are there no recordes of that kings time remaining whereby it may appeare that he established any forme of Civill gouernment in this land But it is manifest by many recordes and stories that his sonne King Iohn made the first division of Counties in Ireland published the lawes of England and commaunded the due execution thereof in all those countries which he had made erected the Courts of Iustice made the Standard of Irish moneys equall with the English Breefely hee did order settle the government heere in all pointes according to the Modell of the common-wealth of England And to that end when himselfe in person came over into Ireland the second time which was in the twelfth yeare of his raigne he brought with him many learned persons in the lawe and other Officers ministers of all sorts to put the English lawes in execution whereof there is a notable record in the Tower of London 11. Henr. 3. Patent Membr 3. agreeing with that which is related by Matth. Paris histor magn sol 220 b. After which time the recordes of all legall Actes proceedings namely the Piperolls containing the charge of the revenue both Certaine casuall the Plearolls containing as well Common pleas as pleas of the Crowne Parliament Rolls Charters Patents Commissions Inquisitions were made vp in good forme in euery kings time till the later end of the raigne of King Henry VI when by reason of the dissension of the two Royall houses the state of England neglecting the gouernment of this Realme the Clarks and Officers grewe also negligent in the execution of theire severall places And though many of those auncient recordes haue beene embezeled many haue perished by carlesse keeping yet divers of all sortes doe yet remaine as faire authentique as any I haue seene in England Howbeit during all the time that the lawes of England haue had theire course in Ireland which is nowe full foure hundred yeares there hath not beene any Report made published of any Case in lawe argued or adiudged in this Kingdome but all the arguments reasons of the iudgements resolutions giuen in the Courts of Ireland haue hitherto beene vtterly lost buried in oblivion Which seemeth to me the more straunge because there haue beene within this Realme in euery age since the raigne of King Iohn men sufficienly learned in the lawes who haue deriued theire learning out of the fountaines of lawe in England the Innes of Court there being the most florishing honorable Academy of gentlemen that euer was established in any nation for the study learning of the Municipall lawes thereof And therefore they might haue beene induced to imitate the learned men of England who from the Norman Conquest downewards did continually preseiue the memory of such notable cases as did from time to time arise where argued and ruled in the Courts of Iustice in England by reducing the same into bookes of Reports which may bee called not improperly the Annalles of the lawe For albeit our Reports at large which are published in Print doe beginn with the raigne of king Edw. III. And the broken Cases of elder times which are scattered in the Abridgements are not found higher then the time of king Henry III. yet assuredly there were other Reports digested in yeares Tearmes as auncient as the time of king William the Conqueror as appeareth by that which Chaucer writteth of the Seriaunt at lawe In Termes had hee Cases and Doomes all That fro that time of King William were fall Neither doth Glanuill or Bracton disaffirme this antiquity of the Reports of the lawe in that they affirme that the lawe of England was Ius non scriptum in theire times as your Lordship hath noted in that most learned graue prudent speech of yours touching the Postnati of Scotland For indeede those Reports are but Comments or interpretations vppon the Text of the Common lawe which Text was neuer originally written but hath euer bin preserued in the memory of men though no mans memory can reach to the originall thereof For the Common lawe of England is nothing else but the Common custome of the Realme And a custome which hath obtained the force of a lawe is alwayes said to bee Ius non scriptum for it cannot bee made or created either by Charter or by Parliament which are actes reduced to writting are alwayes matter of Record but being onely matter of fact and consisting in vse practise it can bee recorded and registred no where but in the memory of the people For a Custome taketh beginning groweth to perfection in this manner When a reasonable act once done is found to bee good beneficiall to the people agreeable to theîre nature disposition then do they vse it practise it againe agaîne so by often iteration multiplication of the act it becometh a Custome being continued without interruption time out of minde it obtaineth the force of a lawe And this Custumary lawe is the most perfect most excellent and without comparison the best to make preserue a commonwealth for the written lawes which are made either by the edicts of Princes or by Counselles of estate are imposed vppon the subiect before any Triall or Probation made whether the same bee fitt agreeable to the nature disposition of the people or whether they will breed any inconvenience or no. But a Custome doth neuer become a lawe to binde the people vntill it hath bin tried approued time out of minde during all which time there did thereby arise no inconuenience for if it had beene found inconuenient at any time it had beene vsed no longer but had beene interrupted consequently it had lost the vertue force of a lawe Therefore as the lawe of nature which the schoolmen call Ius commune which is also Ius non scriptum being written only in the hart of man is better then all the written lawes in the worlde to make men honest happy in this life if they would obserue the rules thereof So the custumary lawe of England which wee do likewise call Ius commune as comming neerest to the lawe of Nature which is the roote touchstone of all good lawes which is also Ius non scriptum written onely in the memory of man for euery custome though it tooke beginning beyond the memory of
in the other then the learned Counsell of eîther side may perhappes discerne the right from the wrong not before But then are the causes come to their Catastrophe the Counsellors Act their last part And yet vntill then the true state of the cause on both sides could not possibly bee discouered If then the causes that are prosecuted do for the most part hang in a doubtfull ballance vntill the hearing or triall thereof for if a cause bee vndoubtedly apparantly naught on the one side no man is so vnwise as to followe it to the end with the expence of money hazard of his credit how can it bee iustly said that the Counsellor against whose Client a decree or verdict doth passe hath wittingly defended an vniust cause when hee wist not how the ballance would incline vntill hee had made his vttermost defence howbeit if any of our Counsellors do either in the prosecution of their Clients causes giue sinister craftie Counsell or vppon the hearing or triall thereof make an ouer bold defence of any dishonest action our Iudges are so tender iealous of the honor of our profession as they lay a noate of Infamy vppon such persons so as they seldome or neuer after are permitted to rise to any higher degree in the lawe or any Office of trust in the common-wealth Whereby it commeth to passe that no men of any other calling or profession whatsoeuer are more carefull to preserue their good name reputation stand more precisely vppon their good behauiour then the learned professors of the common lawe And as our Iudges do discountenance bad Counsellors so doth our lawe abhorre the defence maintenance of bad causes more then any other lawe in the world besides For by what other lawe is vnlawfull maintenance champertie or buying of titles so seuerely punished By what othet lawe doth the plaintife pro falso clamore or vniust vexation or the defendant for pleading a false plea pay an amercement or fine to the publike Iustice And this is one cause among others why our lawe doth not allowe Counsell vnto such as are indicted of Treason Murder Rape or other capitall crimes So as neuer any Professor of the lawe of England hath beene knowne to defend for the matter of fact any Traytor Murderer Rauisher or Theefe being indicted prosecuted at the suite of the King Turpe reos empta miseros defendere lingua saieth the Poet therefore it is an honor vnto our lawe that it doth not suffer the Professors thereof to dishonor themselues as the Aduocats Orators in other countries do by defending such offendors For example whereof wee haue extant diuers Orations of Cicero one pro C. Rabirio perduellionis reo another pro Roscio Amerino who was accused of Parricide another pro Milone who was accused of Murder But good Lawyers haue not with vs that libertie which good Physitians haue For a good Physitian may lawfully vndertake the cure of a foule and desperate disease but a good Lawyer cannot honestly vndertake the defence of a foule desperate cause But if hee fortune to bee engaged in a cause which seeming honest in the beginning doth in the proceeding appeare to bee vniust he followeth the good Counsell of the Schooleman Thom. Aquinas 22. quaest 71. art 3. Aduocatus si in principio credidit causam iustam esse quae postea in processu appareat esse iniusta non debet eam prodere vt scilicet alteram partem iuuet reuelando causae suae secretas Potest tamen debet causam deserere vel eum cuius causam agit inducere ad cedendum siue ad componendum sine aduersarij da nno And thus I conceaue that the most common colourable exceptions which are taken against our lawe Lawyers may bee answered cleared by the plaine reasons demonstrations before expressed So as our Profession may stand bee iustified in all pointes against Ignorance Enuie ill-contented suitors who like cholerick Chesse-plaiers when they haue had a mate giuen them could finde in their harts to cast both the Chessebord Chessemen into the fier These vulgar errors being thus reuersed so as wee may truly say that there is no such vncerteinty in the rules of the lawe no such delay in the proceedings no such preuarication or corruption in the Professors thereof as it is by some vniustly pretended why may wee not proceed further affirme confidently that the profession of the lawe is to bee preferred before all other humane professions sciences as being most noble for the matter subiect thereof most necessary for the common continuall vse thereof most meritorious for the good effectes it doth produce in the common wealth For what is the matter subiect of our Profession but Iustice the Lady Queene of all morall vertues and what are our Professors of the lawe but her Counsellors her Secretaries her Interpretors her Seruants againe what is the King himselfe but the cleare fountaine of Iustice what are the Professors of the lawe but conduit pipes deriuing conueying the streames of his Iustice vnto all the subiects of his seuerall kingdomes so as if Iustice bee rightly resembled to the Sunne in the firmament in that shee spreadeth her light vertue vnto all creatures how can shee but communicate part of her goodnesse glory vnto that science that is her handmaid and waites vppon her And if Kings bee Gods schollers as Homer writeth that the rules of Iustice bee their principall lesson if God doe honor Kings with his owne name Dixi quod dij estis as a more diuine Poet then Homer singeth specially for that they sitt vppon Gods owne seate when they minister Iustice vnto the people do not Kings againe highly honor those persons whose subordinate ministrie seruice they vse in performing that principall part of their kingly office Vndoubtedly touching the aduancement of such persons Solomon the King speaketh that they shall stand before Kings God will sett them saieth Dauid with Princes euen with the Princes of his people Neither is this Profession ennobled in regard of the dignity of her imploiment onely but shee is to bee honored so much the more for the necessity continuall vse of her seruice in the common-weale For if wee must honor the Physitian propter necessitatem as the wise man prescribeth much more must wee honor for the same cause the professors ministers of the lawe For neither do all men at any time nor any one man at all times stand in neede of the Physition for they that are in health which are the greatest number of men non egent medico saieth the greate Physition of our soules our onely Aduocate which is in heauen But all men at all times in all places do stand in neede of Iustice of lawe which is the rule of Iustice of the interpreters ministers of the lawe which giue
causes that come in question either quaestio facti or questio Iuris must first bee decided before a man can receaue the benefitt of the lawe for as the wise man saieth Deus fecit hominem rectum sed ipse miscuit se infinitis quaestionibus what a meritorious worke is it to resolue these troublesome questions which arise in the Ciuill life of man either by laying open the truth of the fact or by clearing the doubtfull point in lawe that speedie equall Iustice may bee done vnto all euery one may haue enioy his owne in peace how often would the truth bee concealed suppressed How oft would fraud ly hid vndiscouered How many times would wrong escape passe vnpunished but for the wisdome diligence of the Professors of the lawe Doth not this profession euery day comfort such as are greeued counsell such as are perplexed releeue such as are circumuented preuent the ruine of the improuident saue the innocent support the impotent take the Pray out of the mouth of the oppressor protect the Orphan the widowe the stranger Is shee not Oculus caeco pes claudo as Iob speaketh Doth shee not withall many times stretch forth brachium saculare in defence of the Church true Religion All which are workes of mercy of singular merit Againe doth shee not register keepe in memory â—he best Antiquities of our Nation Doth shee not preserue our auncient Customes forme of gouernment wherein the wisedome of our Auncestors doth shine farr aboue the policie of other kingdomes Are not the Recordes of her actes proceedings so precious as they are kept in the Kinges Treasury like Iewelles of the Crowne reputed a principall part of the Roiall treasure Lastly is not a worthie Prosessor of the lawe a starr in the firmament of the common-wealth Is he not Lux in tenebris wheresoeuer hee dwelleth Is not his house as it were an Oracle not onely to a Towne or Citty but to a whole country round about him So as hee may truly say of the people that seeke his counsell as Apollo Pithius spoke in Ennius of such as resorted vnto his Temple Suarum rerum incerti quos ego ope mea Ex incertis Certos compotesque consilij Deâ—itto ne res temere tractent turbidas Therefore one of the Romaine Emperors doth not without cause giue this honorable testimony of the Professors of the lawe Aduocati qui dirimunt ambigua facta causarum suaeque desensionis viribus tam publicis in rebus quam in priuatis lapsa erigunt satigata reficiunt non minus humanâ— generi prouident quam si praelijs atque vulneribus patriam parentesque saluarent neque enim solos nostro Imperio militare credimus qui gladijs elypeis Thoracibus nituntur sed etiam aduocatos Militant namque causarum Patroni qui laborantium spem vitam posteros defendunt For if it bee a worthie deede as doubtlesse it is for a man to defend his freindes or country with his right hand his sword onely what an excellent seruice is it to defend them with his speech his reason wisedome wherein the excellency of man doth principally consist Therefore both the Schooleman the Politike do preferr Iustice before Fortitude the Statute of 31. Henr. 8. cap. 10. which ranketh the great Officers of the kingdome in their due places doth place the Constable Marshall beneath the Chauncellor in all assemblies of Counsell For Ille semel saieth Cicero speaking of the Martiall man Hic semper proderit Reipublicae meaning the learned man of the long robe And in very troth as the common-wealth is much beholding to the Profession of the lawe so are the Professors of the lawe not a litle beholding to the common-wealth For if they procure preserue her peace her plenty doth not shee requite them againe with riches with honor Doth shee not aduance them to her cheefe Benches Offices trust them with the liuelyhoode liues of all her people Neither do our learned men of the lawe growe to good estates in the common-wealth by any illiberall meanes as enuy sometime suggesteth but in a most ingenous worthie manner For the fees or rewardes which they receaue are not of the nature of wages or pay or that which wee call salery or hire which are indeede duties certeine growe due by contract for labour or seruice but that which is giuen to a learned Counsellor is called honorarium not merces being indeede a gift which giueth honor as well to the Taker as to the giuer neither is it certeine or contracted for for no price or rate can bee sett vppon Counsell which is vnualuable inestimable so as it is more or lesse according to circumstances namely the ability of the Client the worthinesse of the Counsellor the weightynesse of the cause the custome of â—he Country Breefely it is a gift of such a nature giuen taken vppon such tearmes as albeit the able Client may not neglect to giue it without noate of ingratitude for it is but a gratuity or token of thankefullnesse yet the worthie Counsellor may not demaund it without doing wrong to his reputation according vnto that morall rule Multa honestè accipi possunt quae tamen honesté peti non possunt Lastly it is an infallible argument that the estates of such as rise by the lawe are builded vppon the foundation of vertue in that Gods blessing is so manifestly vppon them not onely in raising but in preseruing their houses posterities whereof there are examples not a fewe those not obscure in euery shire of England of the English Pale in this kingdome of Ireland If then our common lawe of England bee cleare from those vulgar imputations which ignorance doth conceaue enuy report thereof if the Profession or science of the lawe bee more noble more necessary more meritorious then any other temporall Art or Science if the dignity of this profession do accordingly dignifie all the Professors thereof which are qualified with learning and vertue fitt for so worthy a Calling for such as are ignorant or dishonest as they are to receiue no grace by the Profession so the profession is to suffer no disgrace by them how highly is that person honored whose true merit hath aduaunced him to the most transcendent place of honor that can possibly bee attained by that Profession This is that great place or Office which your Lordship most worthily holdeth long may you hold the same vnder his Maiestie which though it bee the highest pinnacle of honor that any secular person of the long Robe can in re or spe aspire to vnder any Monarch yet was it giuen vnto your Lordship nec expetenti nec expectanti by the wisest most renowned Queene that euer raigned in Europe who leauing her Crowne together with the faithfull seruants thereof vnto the wisest Iustest King vppon
cap. 2. enact en cest Realme est declare que les Royes de Engleterre are lawfull Kinges and Emperours of the said Realme of England and of this land of Ireland Issint per l'act de 16. R. 2. cap. 5. communement appell le Statute de Praemunire est auxi declare That the Crowne of England hath euer bin so free as that it hath bin subiect to none but immediatly vnto God per le Statute de 25. H. 8. enact en Engleterre establish en cest Realme 28. Henr. 8. cap. 20. ou est recite que les Realmes d'Engleterre de Ireland recognising no Superior vnder God but onely the King haue bin and yet are free from subiection to any mans lawes but onely to such as haue bin made and ordained within the faid Realmes c. Darrainment la Corone D'engleterre en plusors auters acts de Parliament est appell Imperiall Crowne la Corone de Ireland est appendant a ceo 28. Henr. 8. cap. 20. vnite knitt al Imperiall Corone D'engleterre 33. H. 1. cap. 1. Car coment que Brittany fuit vnfoits subiect al Empyre de Rome que Ireland ne fuit vnques vncor ceo fuit abandon tout ousterment relinquish per le Emperour de Rome Anno Domini 428. quant ceo fuit apres reduce al Monarchy tiel Monarcha fuit vncor est vn absolute Emperour accordant a ceo que Cassaneus in Catologo gloriae Mundi dit Reges absoluti habent Imperium dici possunt Imperatores Et il cite le text 1. Regum cap. 8. Hoc erit ius Regis qui imperaturus est vobis auxi il dit Rex Angliae est absolutus Monarcha in Regno suo Et pur ceo le Roy D'engleterre esteant vn Emperout deins ses Dominions poet accordant al rule avantdit creare Comitem Palatinum Et sicome le Roy D'engleterre ad absolute power de creater countee Palatine issint il ad create plusors countees Palatines en ambideux Realmes 1. En Engleterre le countee Palatine de Chester suit create en temps del Williain le Conquerour Camden fol. 464. Et Matth. Paris histor magn 406. appell le countee de Chester Comes Palatiâ— 2. le county Palatine de Durham qui statim á tempore conquestus comitatus Palatinus iudicatus est Camden fol. 600. Mes le common opinion est que R. 1. create l'Evesque Pudsey le primer countee Palatine de Durham 3. le county Palatine de Lancaster que fuit erect en temps Edw. 3. Plow Comment 215. b. Et ceux 3. counties tantsolement ont estre counties Palatines en Engleterre Lar Ely coment que fuit vn liberty d'aver conusans de touts causes secular graunt per le Roy Edgar appell Saint Etheldreds liberty ne fuit vnques county Palatine les Seigniors Marchers sur les Marches de Gales coment que ils avoent Roiall Seigniories en lour severall Territories 19. Henr. 6. 12. 152. 11. Henr. 4. 40. vncor nul d'eux avoit touts les priviledges del countee Palatine En Ireland 3. Palatinates fueront create en temps H. 2. le primer en Leinster que fuit graunt al county Strongbow per tout cest Province le second en Meth graunt al Sir Hugh de Lacy l'eigne le 3. en Vlster graunt al Sir Hugh de Lacy le puisne Mes apres quant William le Marshall D'engleterre aiant marrie le file heire de Strongbow ad issue 5. fitz 5. files le 5. sitz esteant morts sans issue le Seigniory de Leinster discendoit a les 5. files sur partition fait enter eux chescun ad entire county allott a luy viz. le county de Catherlogh fuit allott al eigne le couÌ„ty de Wexford al second le county de Kilkenny al tierce le county de Kildare al quart le Territory de Leix que est ore le Queenes county al cinquesme sur ceo chescun de eux ad vn severall county Palatine touts les liberties prerogatives en sa severall purparty come Strongbow le Marshall avoent en l'entier Seigniory de Leinster Come si 3. parceners sont d'un Mannor queux font partition chescun d'eux avera Mannor court Baron deins sa purparty 26. Henr. 8. 4. Ily avoit auxi certeyn Roiall liberty deins le county de Kerry Desmond graunt per Edw. 1. al Thomas fitz Anthony autiel en county de Typperary graunt al countee de Ormound per Edw. 3. que solement continue a cest iour ou touts les auters sont resume ou extinguish AUxi chescun countee Palatine create per le Roy D'engleterre est Seignior del vn entier county ad en ceo iura regalia quae iura regalia consistont en 2. principall points viz. en Royall iurisdiction en Royall Seigniory Per reason de son Royall iurisdiction il ad touts les hault Courts Officers de Iustice que le Roy ad per reason de son Royall Seigniory il ad touts les Royall seruices Royall Escheats que le Roy ad pur ceo cest county est meerement disioine seperate del Lorone come est dit en le Case del Dutchy Plow 215. b. Issint que nul breefe del Roy courge la forsque breefe de Error que esteaÌ„t le dernier ressort appeall est solement except hors de touts lour Charters 15. Eliz. Diet. 321. 345. 34. Henr. 6. 42. Issint en Ireland que est realme aperluy erroneous Idgement done en le cheefe place la serra revers en Banke le Roy en Engleterre Et Bracton lib. 3. titul de Corona cap. 8. dit que Comites Palatini regalem habent potestatem in omnibus saluo Dominio domino Regi sicut Principi Le Royall iurisdiction de countee Palatine appâ—eâ—t en lâ— Charter del Edw. 3. graunt per authority de Parliament per que le Palatinate de Lancaster est erect ou le Roy graunt al Iohn de G. Duke de Lancaster quod habeat infra comitatum Lancastriae Cancellariam suam ac breuia sua sub sigillo suo pro officio Cancellariae deputando consignanda Iustitiarios suos tam ad placita Coronae quam ad quaecunque alia placita communem legem tangentia tenend ac cognitiones corundem quascunque executiones per breuia sua ministros suos ibidem faciend quaecunque alia libertates iura regalia ad comitatum Palatinum pertinentia adeò liberé intogré sicut Comes Cestriae infra â—undem comitatum Cestriae dignoscitur obtinere c. Lest Charter de Lancaster ad relation al Roiall liberties del county Palatine de Chester que avoit mesme les Courts iurisdiction coment que le Charter del Wil. le Conquerour que fait Hugh Lupus le primer countee de Chester soit generall viz. d'aver
n'oseront appeller leyes Ne committerent crimen laesae Maiestatis in Principes come Marsil Pat. ad bien observe libr. Defensor Pacis part 2. cap. 23. que dit auxi la que ceux Canons entant que sont fait per le Pape neque sunt humanae leges neque diuinae sed documenta quaedam narrationes Uncor quant il perceavoit que ceux Canons fueront receave allow vse en part per severall nations il compile eux en volumes appell eux Ius Canonicum ordaine que serront lyes expound en publik Schooles Universities come l'Imperiall ley fuit lie expound commaund que serront obey per touts Christians sur paine de excommunication contend sovent foits de metter eux en execution per coactive power assume sur luy de interpreter abrogater dispenser ove ceux leyes en touts les Realmes de Christendome a son pleasure i sint que les Canonists ascribont a luy cest prerogative Papa in omn bus pure positiuis in quibusdam ad ius diuinum pertinentibus dispensare potest quia dicitur omnia iura habere in scrinio pectoris sui quantum ad interpretationem dispensationem libr. 6. de Const cap. licet Pur le temps Anno. 25. Ed. 1. Simon vn Moigne de Walden commenâ—â—oit de lier le Canon ley en le University de Cambridge vid. Stow Walsingham en meime l'Au le Manusc libr. 6. Decretal en le Library Noui Coll. Oxon. ad cest inscription in fronte Anno Domini 1298. que fuit l'An 26. Edw. 1. 19. Nouembr in Ecclesia fratrum Praedicator Oxon. fuit facta publicatio lib. 6. Decretal per que appiert quant le Canon ley fuit introduce en Engleterre Mes le Irisdiction que le Pape per colour de ceo claimoit en Engleterre fuit vn meer vsurpation a quel les Royes D'engleterre de temps en temps fesoent opposition iusques al temps del Henr. 8. Et certes le Idgment del Parliament expresse en le Preamble de cest Statut de faculties est notable a cest purpose Ou est recite que l'Evesque de Rome ad deceave abuse les subiects del Corone D'engleterre Pretending and persuading to them that hee had full power to dispense with all humane lawes vses customes of all Realmes in all causes which bee called Spirituall which matter hath beene vsurped and practised by him and his predecessors for many yeares to the great derogation of the Imperiall Crowne of England For whereas the said Realme of England recognising no superior vnder God but the King hath beene yet is free from subiection to any mans lawes but onely to such as haue beene deuised made and ordained within this Realme for the wealth of the same or to such other as by sufferaÌ„ce of the King his progenitors the people of this Realme haue taken at their free libertie by their owne consent to bee vsed among them haue bound themselues by long vse custome to the obseruance of the same not as to the obseruance of the lawes of any forein Prince Potentate or Prelate but as to the accustomed auncient lawes of this Realme originally established as lawes of the same by the said sufferance consent custome not otherwise it standeth with naturall equity good reason that all such humane lawes made within this Realme or induced into this Realme by the said sufferance consent custome should bee dispensed with abrogated amplified or diminished by the King his Parliament or by such persons as the King Parliament should authorise c. vid. 21. H. 7. 4 a. ou est dit que certeine priests fueront deprive de lour benefices per Act de Parliament en temps R. 2. Per que fuit conclude que le Roy D'engleterre nemi le Pape devant le fesans de cest Statute de faculties puissoit de iure dispenser ove l'Ecclesiasticall ley en cest auters cases Car coment que plusors de nostre Ecclesiasticall leyes ont estre primerment devise en le Court de Rome vncor ceux esteant establish confirme en cest realme per acceptance vsage sont ore devenus English leyes ne serront amplius repute Romish Canons ou Constitutions Come Rebuffus parlant de regula Cancellariae Romanae de verisimili notitia haec regula dit il vbique in regno FraÌ„ciae est recepta est lex Regni effecta obseruatur tanquam lex regni non tanquam Papae regula Papa eam reuocare non potest Et pur ceo l'Ecclesiasticall ley que ordaine que quant home est create en Evesque que touts ses inferior benefices serront void est soventfoits dit en le Case del Evesque de S. Dauids 11. Henr. 4. destre l'auncient ley D'engleterre Et 29. Edw. 3. 44. a. en le Case del Praebend de Oxgate est dit que le constitution que ouste pluralities comenceoit en le Court de Rome vncor vn Esglise fuit adiudge void en Banke le Roy pur cel cause Per que appiert que depuis que cest Constitution fuit receave allow en Engleterre ceo fuit devenus ley D'engleterre vid. statutum de Bigamis cap. 5. ou le Roy son Counsell en Parliament declaroâ—t coment vn Canon fait en le Counsell de Lions serroit interpret expound De Bigamis quos Dominus Papa in Concilio suo Lugdunensi omni priuilegio suo Clericali priuauit per constitutionem inde editam vnde quidam Praelati illos qui effecti fuerunt Bigami ante praedictam constitutionem quando de felonia rectati fuerunt tanquam Clericos elegerunt sibi deliberandos concordatum est declaratum coram Rege Consilio quod constitutio ista intelligenda sit quod siue effecti fuerint Bigami ante praedictam constitutionem siue post de caetero non liberentur Praelatis sed fiat de ijs iustitia sicut de laicis Uncor touts les Ecclesiasticall leyes D'engleterre ne fueront dirive apprompt del Court de Rome Car long temps devant que le Canon ley fuit authorise publiâ—â— que fuit depuis le Norman Conquest come devant est moÌ„stre les auncient Royes D'engleterre viz. Edgar Athelstan Alfred Edw. le Confessor auters ont ove l'advise de lour Clergy deins le Realme fait divers ordinances pur le government del Esglise D'engleterre depuis le Conquest divers Provinciall Synodes ont estre tenus plusors constitutions on t estre fait en ambideux Realmes D'engleterre Ireland touts queux sont part de nostre Ecclesiasticall leyes a cest iour vid. le Chart. de William le Conquerour dat Anno Domini 1066. irrot 2. R. 2. enteries Charters in Archiu Turris London pro Decano
Breeue hee was constituted Vicar generall of the Sea of Rome and tooke vppon him the stile and title of vicar generall in the said seuerall dioceses 3 That hee did exercise Ecclesiasticall Iurisdiction as Vicar generall of the Sea of Rome by instituting diuers persons to benefices with cure of soules by graunting dispensations in causes Matrimoniall by pronouncing sentences of diuorce betwene diuers married persons and by doing all other actes and things pertayning to Episcopall iurisdiction within the said seuerall Dioceses against our Souerainge Lord the King his Crowne and dignitie Royall and in contempt of his Maiestie and disherison of his Crowne and contrary to the forme and effect of the statute c. To this inditement Lalor pleaded not guiltie and when the issue was to bee tried the name and reputation of the man and the nature of the cause drewe all the principall gentlemen both of the Pale and Prouinces that were in towne to the hearing of the matter At what time a substantiall lury of the Cittie of Dublin being sworne for the triall and the points of the Inditement being opened and set forth by the Kings Seriant the Atturney generall thought it not impertinent but very necessary before hee descended to the perticular enidence against the prisoner to informe and satisfie the hearers in two points Why Lalor was indited vppon the old statute of 16 R. 2. 1 What reason moued vs to grounde this inditement vppon the olde statute of 16 Richard 2. rather then vppon some other later lawe made since the time of King Henr. 8. 2 What were the true causes of the making of this lawe of 16. Rich. and other former lawes against Prouisors and such as did appeale to the Court of Rome in those times when both the Prince and people of England did for the most part acknowledge the Pope to be the thirteenth Apostle and only oracle in matters of Religion and did followe his doctrine in most of those points wherein wee now dissent from him 1 For the first poynt wee did purposely forbeare to proceede against him vppon any latter law to the end that such as were igâ—onorant might bee enformed that long before King Henr 8. was borne diuers lawes were made against the vsurpatâ—on of the Bishop of Rome vppon the rights of of the Crowne of England welny as sharpe and as seuere as any statutes which haue beene made in later times and that therefore wee made choyse to proceede vppon a lawe made more then 200. yeares past when the King the Lords and Commons which made the lawes and the Iudges which did interpret the lawes did for the most part follow the same opinions in Religion which were taught and held in the Court of Rome the treâ— causeof making the stattute of 〈◊〉 R 2 other statuts against pouisors 2 For the second poynt the causes that moued and almost enforced the English nation to make this and other statutes of the same nature were of the greatest importance that could possible arise in any state For these lawes were made to vphold and maintaine the Soueraingtie of the King the liberty of the people the common lawe and the common-weale which otherwise had beene vndermined and viterly ruined by the vsurpation of the Bishop of Rome For albeit the Kings of England were absolute Emperours within their Dominions and had vnder them as learned a Prelacie and Cleargie as valiant and prudent a Nobility as free and wealthy a Commonalty as any was then in Christendome yet if wee looke into the stories and records of these two Imperiall kingdomes wee shall finde that if these lawes of Prouision and Praemunire had not beene made they had lost the name of Imperiall and of Kingdomes too and had beene long since made Tributary Prouinces to the Bishop of Rome or rather part of S. Peters patrimony in demesne Our Kings had had their Scepters wrested out of their hands their Crownes spurned of from their heads their neckstrod vppon they had beene made Laquaies or footmen to the Bishop of Rome as some of the Emperours and French Kings were our Prelats had beene made his chaplaines and Clearks our Nobilitie his vassals and seruants our Commons his slaues and villaines if these Acts of manu-mission had not freed them In a word before the making of these Lawes the flourishing Crowne and Common-wealth of England was in extreame danger to haue beene brought into most miserable seruitude and slauery vnder collour of religion and deuotion to the Sea of Rome And this was not onely seene and felt by the King and much repined at and protested against by the Nobility but the Commons the generall multitude of the Subiects did exclame and crie out vppon it The statuts of praemunire made at praier of the commoÌ„s For the Commons of England may bee an example vnto all other Subiects in the world in this that they haue euer beene tender and sensible of the wrongs and dishonors offred vnto their Kings and haue euer contended to vphold and maintaine their honor and Soueraigntie And their faith and loyaltie hath beene generally such though euery age hath brought forth some particular monsters of disloyaltie as no pretence of zeale or religion cold euer withdrawe the greater part of the Subiects to submitt themselues to a foreine yoke no not when Popery was in her height and exaltation whereof this Act and diuers other of the same kinde are cleare and manifest testimonies For this Act of 16. Richard 2. was made at the prayer of the Commons which prayer they make not for themselues neither shew they their owne selfe loue therein as in other Bills which containe their greeuances but their loue and zeale to the King and his Crowne When after the Norman Conquest they importuned their Kings for the great Charter they sought their owne liberties and in other bills preferred commonly by the Commons against Shiriffs Escheators Purueyors or the like they seeke their owne profit and ease but heere their petition is to the King to make a lawe for the defence and maintenance of his owne honor The effect of the statut of 16. R. 2. cap. 5. They complaine that by Bulls and processes from Rome the King is depriued of that iurisdiction which belongeth of right to his Imperiall Crowne that the King doth loose the seruice and counsell of his Prelats and learned men by translations made by the Bishop of Rome That the Kings lawes are defeated at his will the Treasure of the Realme is exhausted and exported to enrich his Court and that by those meanes the Crowne of England which hath euer beene free and subiect vnto none but immediatly vnto God should be submitted vnto the Bishop of Rome to the vtter destruction of the King and the whole Realme which God defend say they and therevppon out of their exceeding zeale and feruencie they offer to liue and die with the king in defence of the liberties of the Crowne And
lastly they pray and require the King by way of Iustice to examine all the Lords in Parliament what they thought of these manifest wrongs and vsurpations and whether they would stand with the King in desence of his Royall liberties or no which the King did according to their petition and the Lords Spirituall and Temporall did all answere that these vsurpations of the Bishop of Rome were against the liberties of the Crowne and that they were all bound by their alleageance to stand with the King and to mantaine his honor and prerogatiue And therevppon it was enacted with a full consent of the three Estates that such as should purchase in the Court of Rome or elsewhere any Bulls or Processes or other things which might touch the King in his Crowne and dignitie Royall and such as should bring them into the Realme and such as should receaue them publish them or execute them they their Notaries Proctors Mantainors and Counsellors should bee all out of the Kings protection their lands and goods forfeited to the King their bodies attached if they might bee sound or else processe of Praemunire facias to bee awarded against them Vppon these motiues and with this affection and zeale of the people was the statute of 16. Rich 2 made wherevppon wee haue framed our inditement Now let vs looke higher and see whether the former lawes made by King Edw 3. and King Edw. 1. against the vsurpation of the Bishop of Rome were not grounded vppon the like cause and reason The effect of the statut of 38. Edw. 3 cap. 1. The statute of 38. Edw. 3. cap. 1. expressing the mischiefes that did arise by Bâ—â—eues of citation which drewe the bodies of the people and by Bulls of prouision and reseruation of Ecclesiasticall benefices which drewe the wealth of the Realme to the Court of Rome doth declare that by these meanes the auncient lawes customes and franchises of the Realme were consounded the Crowne of our Soueraigne Lord the King deminished and his person falsely defamed the Treasure and riches of the land carried away the Subiects of the Realme molested and impouerished the benefices of holy Church wasted and distroyed Diuine seruice Hospitalitie Almesdeeds and other workes of Charitie neglected The statute of 27. Ed. 3. cap. 1. Againe 27 Edw 3 cap. 1. vppon the greeuous and clamorous complaint for that phrase is there vsed of the great men and Commons touching Citations and Prouisions it is enacted that the offendors shall forfeit their lands goods and Chattels and their bodies bee imprisoned and ransomed at the Kings will The statute of 25 Ed. 3. reciting the statute of 25. Ed. 1 But in the statute of 25. Edw. 3. wherein the first lawe against Prouisors made 25. Edw. 1. is recited there is a larger declaration of these inconueniences then in the two last Actes before mentioned For there all the Commons of the Realme doe greuously complaine that where the holy Church of England was first founded in estate of Prelacio by the Kings and Nobilitie of that Realme and by them endowed with great possessions and reuenewes in lands rents and Aduowsons to the end the people might bee informed in Religion Hospitality might bee kept and other works of Charitie might bee exercised within the Realme And whereas the King and other founders of the said Prelacies were the rightfull Patrons and Adowees thereof and vppon avoydance of such Ecclesiasticall promotions had power to aduance therevnto their kinsemen friends and other learned men of the birth of that Realme which being so aduanced became able and worthy persons to serue the King in Counsell and other places in the Common-weale The Bishop of Rome vsurping the Seigniory of such possessions and benefices did giue and graunt the same to Aliens which did neuer dwell in England and to Cardinals which might not dwell there as if hee were rightfull Patron of those benefices whereas by the lawe of England hee neuer had right to the Patronage thereof whereby in short time all the spirituall promotions in the Realme would bee ingrossed into the hands of Strangers Canonicall Elections of Prelats would be abolished workes of Charity would cease the founders true PatroÌ„s of Churches would be disenherited the Kings Counsell would bee weak'ned the whole kingdome impouerished the lawes rights of the Realme destroyed Vppon this complaint it was resolued in Parliament that these oppressions greeuances should not be suffted in any manner thereore it was enacted that the King his Subiects should thenceforth enioy thei rights of Patronage that free elections of Archbishops Bishops and other Prelates electiue should bee made according to the auncient graunts of the Kings progenitors other founders that no Bulls of Prouision should be put in execution but that the Prouisors should be attached fined ransomed at the Kings will withall imprisoned till they had renounced the benefits of their Bulls satisfied the partie greeued and giuen suerties not to committ the like offence againe These lawes made by such as did professe the Romish Religion Nowe Maister Lalor what thinke you of these things did you beleeue that such lawes as these had beene made against the Pope 200. 250. 300. yeares since was King Henr. 8. the first Prince that opposed the Popes vsurped authority were our Protestants the first Subiects that euer complained of the Court of Rome of what Religion thinke you were the propoundors and enactors of these lawes were they good Catholikes or good Subiects or what were they You will not say they were Protestants for you will not admitt the reformed Religion to bee so auncient as those times neither can you say they were vndutiefull for they stroue to vpohold their liege Lords Soueraignety Doubtelesse the people in those daies did generally embrace the vulgar errours and superstitions of the Romish Church and in that respect were Papists as well as you but they had not learned the newe doctrine of the Popes Supremacie and transcendent authority ouer Kings They did not beleeue hee had power to depose Princes and discharge Subiects of their alleageance to abrogate the fundamentall lawes of kingdomes and to impose his Canons as binding lawes vppon all nations without their consents they thought it a good point of Religion to bee good Subiects to honor their King to loue their country and to mantaine the lawes and liberties thereof howsoeuer in other points they did eâ—re and were mislead with the Church of Rome So as now Maister Lalor you haue no excuse no euasion but your conscience must condemne you as well as the lawe since the lawemakers in all ages and all religious Papists and Protestants doe condemne you vnlesse you thinke your selfe wifer then all the Bishops that were then in England or all the Iudges who in those daies were learned in the Ciuill and Canon lawes as well as in the Common lawes of England Lawes against Proâ—isors made in Ireland But you being
recumbere dignus suit exempla sectamur Nunquid reuerendissimum patrem nostrum Columbam eius successores viros à Deo dilectos diuâ—nis pagâ—â—â—s contraria sapuisse aut egisse credendum est In this disputation or dialogue two things may bee obserued first that at this time the authority of the Bishop of Rome was of no estimation in these Ilands next that the Primitiue Churches of Briâ—tany and Ireland were instituted according to the forme and discipline of the East Churches and not of the West and planted by the disciples of Iohn and not of Peter Thus much for the time of the Brittons The Pope had no iurisdiction in England in the time of the Saxons For the Saxons though King Ina gaue the Peter pence to the Pope partly as Almes and partly in recompence of a house erected in Rome for entertainment of English pilgrimes yet it is certaine that Alfred and Athelstane Edgar and Edmund Canutus and Edward the Consessor and diuers other Kings of the Saxon race did giue all the Bishopricks in England Per annulum baculum without any other ceremony as the Emperour and the French King and other Christian Princes were wont to doe They made also seuerall lawes for the gouernment of the Church Among others Saint Edward begins his lawes with his protestation that it is his Princely charge Vt populum Domini super omnia sanctam Ecclesiam regat guberâ—et And King Edgar in his Oration to his English Cleargie Egâ— saieth hee Constantini vos Petri gladium habetis iungamus dextras gladium gladio copulemus vt ciâ—ciantur extra Castra leprosi purgetur sanctuarium Domini So as the Kings of England with their owne Cleargie did gouerne the Church and therein sought no ayd of the Court of Rome And the troth is that though the Pope had then long hands yet hee did extend them so farre as England bycause they were full of businesse neerer home in drawing the Emperour and the French King vnder his yoke The first vsurpatioÌ„ of the Pope vpon the crowne began in the time of king William the CoÌ„querour But vppon the conquest made by the Norman hee apprehended the first occasion to vsurpe vppon the liberties of the Crowne of England For the Conquâ—rour came in with the Popes Banner and vnder it wonne the battaile which gott him the garland and therefore the Pope presumed hee might boldly plucke some flowers from it being partly gained by his countenance and blessing Heerevppon hee sent two Legates into England which were admitted and receaued by the Conquerour With them hee called a Synod of the Clergie and deposed old Stigand Archbishop of Canterbury bycause he had not purchased his Pal in the Court of Rome hee displaced many Bishops and Abbots to place his Normans in their Romes By sending Legates into England And amongst the the rest it is to bee noted that the King hauing earnestly moued Wolstan Bishop of Worcester being then very aged to giue vp his staffe his answere was that hee would giue vp his staffe onely to him of whome hee first receaued the same Inter Epist Lanfr Archiepiscopi Cant. M. S. in Archiâ— Robert Coâ—â—on Eq. Aur. And so the old man went to Sanit Edwards Tombe and there offred vp his staffe and Ring with these words Of thee O holy Edward I receaued my staffe and my Ring and to thee I doe now surrender the same againe which pâ—oues that before the Norman Conquest the King did inuest his Bishops per annulum baculum as I said before In the time of William Ruffus the Pope atteÌ„pted to draw appeales to Rome but prâ—uailed not Thus wee see by the admission of the Popes Legates the first step or entrie made into his vsurped iurisdiction in England Albeit the King still retained the absolute power of inuesting Bishops and seemed onely to vse the aduise and assistance of the Legates in Ecclesiasticall matters for that no decâ—ee passed or was put in execution without his Royall assent therevnto Besides how farre forth hee submitted himselfe to the Pope it appeareth by a short Epistle which hee wrote to Gregory the. 7. in this forme Excellentissimo sanctae Ecclesiae Pastori Gregâ—rio gratia Dei anglorum Rex Dux Normannorum Willielmus salutem cum Aâ—…icitia Hubertus Legatus tâ—us Religiose Pater ad me veâ—iens ex tua parte me admonuit vt tibi successoribus tuis fidâ—lâ—tatem facerem de pecunia quam antecessores mei ad Romanâ—â— Ecclesiam â—â—â—…ere solebant melius cogiâ—arem Vnum admisi alterum non admisâ— fidelitatem facere nolui nec volo quia â—â—c ego promisi ncc antecessores â—â—os antecessoribus tuis id secrsse comperio Pecuâ—ia tribus ferè annis in Gallijs me agente negligentur collecta est nunc vâ—ro diâ—ina misericordia me in Regnum meum reuersâ— quod Collectum est per praefatum Legatum mittetur quod reliquum est per Legatos Lanâ—ranci Archichiscopi â—â—delis nostri cum opportunum fuerit transmittetur c. But in the time of his next successor King William Rufus they attempted to passe one degree farther that is to drawe appeales to the Court of Rome For Anselme being made Archbishop of Cauterbury and being at some difference with the King besought his leaue to goe to Rome vnder pretence of fetching his Pall. The King knowing hee would appeale to the Pope denied him leaue to goe and withall told him that none of his Bishops ought to bee subiect to the Pope but the Pope himselfe ought to bee subiect to the Emperour and that the King of England had the same absolute liberties in his Dominions as the Emperour had in the Empyre And that it was an auncient custome and lawe in England vsed time out of minde before the Conquest that none might appeale to the Pope without the Kings leaue and that hee that breaketh this lawe or custome doth violate the Crowne and dignitie Royall and hee that violates my Crowne saieth hee is mine enemie and a traytor How answere you this quoth the King Christ himselfe answeres you saith the Archbishop Tu es Petrus super hanc petram c. Wherewith the King was nothing satisfied And therevppon Anselme departing out of the Realme without licence the King seised his temporalities and became so exasperate and implacable towards the Bishop as hee kept him in perpetuall exile during his Raigne albeit great intercession were made for his returne as well by the Pope as the King of France In the time of king HeÌ„ry the first the Pope vsurpeth the donation of Bishopricks c. In the time of the next King Henr 1. though hee were a learned and a prudent Prince yet they sought to gaine a further point vppon him and to plucke a flower from his Crowne of greater value namely the patronage and donation of Bishoprickes and all other benefices Ecclesiasticall For Anselme being reuok't
and reestablished in the Sea of Canterbury the Bishoprickes of Salisbury and Hereford fell voyd which the King bestowed vppon two of his Chapleins But Anselme their Metropolitane did refuse to consecrate them so as the Archbishop of Yorke was faine to performe that Office who with the Chiefe of the English Cleargie stoode with the King and withstoode Anselme Herevppon the King requires him to doe his homage the Bishop denies it the King demaunds of him whether the patronage and inuestiture of all Bishoprickes were not his rightfull enheritance the Bishop said it was not his right bycause Pope Vrban had lately made a decree that no lay person should giue any Ecclesiasticall benefice This was the first question that euer was made touching the King of Englands right of patronage and donation of Bishoprickes within his dominions This new question caused many messages and ambassages to Rome Histor. Ioranalensis M. S in Archiu Rob. Cotton Eq. Aur. At last the King writes plainely to the Pope Notum habeat sanctitas vestra quod me viuente Deo auxiliante dignitates vsus regni nostri non minuentur si ego quod absit in tanta me deiâ—ctione ponerem magnates mei imo totius Anglia populus id nullo modo pateretur Besides William de Warrenast the Kings procurator in the Court of Rome told the Pope that the King would rather loose his kingdome then hee would loose the donation of Bishoprickes The Pope answered knowe you precisely Sir I speake it before God that for the redemption of my head I would nor suffer him to enjoy it After this Anselme being receaued into the Kings fauour in a Synod of the English Cleargie holden at London in the yeare 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 quanlibet laicam manum inuestiretur in Anglia In recompence whereof the Pope yeelded this fauour to the King that thenceforth no Legate should bee sent from the Popes side into England vnlesse the King required it and that the Archbishop of Canterbury for the time being should bee for euer Legatus natus and Anselme for the honor of his Sea obtained that the Archbishop of Canterbury should in all generall Councells sit at the Popes foote tanquam alterius orbis Papa Notwithstanding as the succeding Popes kept not their promise touching the sending of Legates so this selfe same King after the death of Anselme broke the decree touching the inuestiture of the Bishops For hee gaue the Archbishopricke of Canterbury to Rodolph Bishop of London saieth Matth. Paris Et illum per annulum Pastoralem baculum inuestiuit as before hee had inuested Willielmum Gifford in the Bishopricke of Winchester contra noui Concilij statuta as the same author reporteth In the time of King Stephen the Pope gained appeales to the Court of Rome The times of the next succeeding King Stephen were full of Ciuill dissentions which made the land welny waste so as Saint Peters successor could not take any fish in such troubled waters Yet during this Kings raigne they wonne that point of iurisdiction which they attempted to gett but failed thereof in the time of King William Ruffus namely that appeales might bee made to the Court of Rome For in a Synod at London summoned by Henr. Bishop of Winchester the Popes Legate it was decreed that appeales should bee made from Prouinciall Councells to the Pope before that time appellationes in vsu non erant saieth a Moncke of that time Donec Henricus Winton Episcopus malo suo dum Legatus esset crudeliter intrusit Thus did the Pope vsurp three maine points of iurisdiction vppon three seuerall Kings after the Conquest for of William Ruffus hee could winne nothing namely vppon the Conquerour the sending of Legates or Commissioners to heare and determine Ecclesiasticall causes vppon Henr. 1. the donation and inuestitures of Bishoprickes and other benefices vppon King Stephan the appeales to the Court of Rome In the time of King HeÌ„ry 2. the Pope claymed exemption of Clarkes from the secular power Now are wee come to king Henr. 2. in whose time they made a further encroachment vppon the Crowne whereby they endeauored to make him but halfe a king and to take away halfe his Subiects by exempting all Clarkes from secular power A breefe of â—h Beckets troubles or rather treasons Here vppon rose that long and great contention betweene King Henr. 2. and Thomas Becket which on Beckets behalfe may bee rightly termed rebellion and treason the iust cause and ground whereof was the same that made the late difference betweene the Pope and the Venetians For a priest had committed a fowle murder and being thereof indicted and conuicted prayed the benefit of his Cleargie which being allowed vnto him hee was deliuered to the Bishop of Salisbury being his ordinary to make his purgation which the murderer failing to doe should by the lawe haue beene degraded and deliuered backe to the secular power But the Bishop contemning the lawe 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 for the capitall punishment hee had iustly deserued This gapp of impunitie being once opened the Cleargie grew so outragious as the King was enformed of a hundred murders committed by Clarkes 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 iustly incensed against the Archbishop who iustified his doing herein The constitutions of Claringdon Wherevppon a common counsell as well of the Bishops as of the Nobilitie was called wherein they did reuiue and reestablish the auncient lawes and customes of the kingdome for the gouernment of the Cleargie and ordering of causes Ecclesiasticall whereof these were the principall heads or articles 1 That no Bishop nor Clarke should depart the Realme without the Kings licence and that such as obtained licence should giue suerties that they should procure no hurt or domage to the King or Realme during their absence in forein parts 2 That all Bishoprickes and Abbeyes being voyd should remaine in the Kings hands as his owne demesnes vntill hee had chosen and appointed a Prelate therevnto and that euerie such Prelate should doe his homage to the King before hee were admitted vnto the place 3 That appeales should bee made in causes Ecclesiasticall in this manner from the Archedeacon to the Ordinary from the Ordinary to the Metropolitane from the Metropolitane to the King and no further 4 That Peter pence should bee paid no more to the Pope but to the King 5 That if any Clarke should committ felony hee should bee hanged if treason hee should bee drawne and quatered 6 That it should bee
sixteenth yeare of his Raigne graunted this priuiledge to the Church of England in these words viz. Quod qualiscunque consuetudo temporibus praedecessorum â—ostrorum hactenus in Ecclesia Anglicana fuerit obsâ—râ—â—tâ— quidquid iuris nâ—bis hactenus vindicauerimus de caetero in vniuersis singulis Ecclesijs Monasterijs Cathedralibus Conuentualibus totius regni Angliae liberae sint in perpetuum electiones quorumcumque Praelatorum maâ—orum minorum When Câ—â—â—nicall election began first in England Salua nobis haerâ—dibus nostris custodia Ecclesiarum Monasteriorum vacantium quae â—d nos pertinent Promittimus etiam quod nec impediemus nec impediri permittemus per ministros nostros nec procurabimus quin in vniuâ—rsis singulis Monasterijs Ecclesijs postquaÌ„ vacaucrint praelaturae quemâ—â—que voluerint liberé sibi praeficiaÌ„â— electores Pastorum petita tamen à nobis prius haeredibus nostris licentia eligendi quam non denegabimus nec differemus Et similiter post celebratam electionem nosler requiratur assensus quem non denegabimus nisi aduersus â—andem rationale proposuerimus legitimè probauerimus propter quod non debemus consentire c. But to returne to the cause of his great quarell with the Pope The Sea of Canterbury being voyd the Monkes of Canterbury sudenly and secretly without the Kings licence elected one Reignold their Subprior to be Archbishop who immediatly posted away to be confirmed by the Pope But when hee came there the Pope reiected him bycause he came not recommended from the King Here vppon the Monkes made suite to the King to nominate some fitt person to whose election they might proceed The King commends Iohn Gray Bishop of Nâ—rwich his principall Counsellor who was afterward Lord Iustice of this kingdome who with a full consent was elected by them and afterwards admitted and fully inuested by the King These two elections bred such a controuersie as none might determine but the Pope who gaue a short rule in the Case for he pronounced both elections void and caused some of the Monkes of Canterbury who were theÌ„ present in the Court of Rome to proceed to the election of Stephan Langton lately made Cardinall at the motion and suite of the french King who being so elected was forthwith confirmed and consecrated by the Pope recommended to the King of England with a flattering letter and a present of foure Rings set with precious stones which were of great value estimation in those daies King Iohns round and Kingly letter to the Pope Howbeit the King more esteeming this Iewell of the Crowne namely the patronage of Bishoprickes returned a round and Kingly answere to the Pope that inconsideratly rashly he had cassed and made void the election of the Bishop of Norwich and had caused one Langton a man to him vnknowen and bred vp and nourish't amongst his mortall enemies to be coÌ„secrated Archbishop without any due forme of election and without his Roiall assent which was most of all requisite by the auncient lawes and customes of his Realme That he merueiled much that the Pope himself the whole Court of Rome did not consider what a precious account they ought to make of the King of Englands friendship in regard that his one kingdome did yeeld them more profit and reuenew then all the other countries on this side the Alpes To conclude he would maintaine the liberties of his Crowne to the death he would restraine all his subiects 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 subiects should bee iudged by them in Ecclesiasticall matters and should not need to runn out of their owne countrey to beg Iustice at the hands of strangers The Pope curseth the King interdicteth the realme But what followed vppon this The Pope after a sharpe replie sendeth forth a Bull of malediction against the King and of interdiction against the Realme whereby all the Churches in England were shut vp the priests and religious persons were forbidden to vse any Liturgies or diuine seruice to marry to bury or to performe any Christian duety among the people This put the King into such a rage that he on the other part seised the temporalties of all Bishops and Abbots and confiscated the goods of all the Cleargie Then doeth the Pope by a solemne sentence at Rome depose the King and by a Bull sent into England dischargeth his subiects of their allegeance and by a legate sent to the King of France gaue the kingdome of England to him and his successors for euer These things brought such confusion and miserie to all estates and degrees of people in England as the King became odious to all his subiects as well to the Laytie as to the Cleargie For as the Bishops and religious people cursed him abroad so the Barons tooke armes against him at home till with much bloudshed they forced him by graunting the great Charter to restore King Edwards lawes containing the aunâ—ient liberties of the subiects of England The Pope being a spectator of this Tragedy and seeing the King in so weake and desperate estate sent a Legate to comfort him and to make a reasonable motion vnto him to witt that hee should surrender and giue vp his Crowne and kingdome to the Pope which should bee regraunted vnto him againe to hold in Feefarme and vassallage of the Church of Rome And that therevppon the Pope would blesse him and his Realme againe and curse his rebells and enemies in such sort as he should be better establisht in his kingdome then he was before King Iohn sendeth his crowne to the Pope became his farmer In a word this motion was presently embraced by that miserable King so as with his owne hands hee gaue vp the Crowne to the Popes legate and by an instrument or Charter sealed with a Bull or seale of gold he graunted to God and and the Church of Rome the Apostles Peter and Paule and to Pope Innocent the third and his successors the whole kingdome of England and the whole kingdome of Ireland and tooke backe an estate thereof by an instrument sealed with Lead yeelding yearely to the Church of Rome ouer and aboue the Peter pence a thousand markes sterling viz. seuen hundred markes for England and three hundred markes for Ireland with a flattering sauing of all his liberties and Royalties The Pope had no sooner gotten this conueyance though it were void in law but he excommunicateth the Barons and repeales the great Charter affirming that it contained liberties too great for his subiects calls the King his vassall and these kingdomes Saint Peters patrimony graunts a generall Bull of Prouision for the bestowing of all Ecclesiasticall benefices takes vppon him to be absolute and immediate Lord of all And thus vnder colour of exercising iurisdiction within these kingdomes the Pope
by degrees gott the very kingdomes themselues And so would hee doe at this day if the King would giue way to his iurisdiction In the time of King H. 3 the Pope conuerteth the whole profits of both realmes to his owne vse But what vse did the Pope make of this graunt and surrender of the Crowne vnto him what did hee gaine by it if our Kings retained the profits of their kingdomes to their owne vse Indeed wee doe not finde that the Feefarme of a thousand markes was euer payd but that it is all runn in arreare till this present day For the troth is the Court of Rome did scorne to accept so poore a reuenew as a thousand markes per annum out of two kingdomes But after the death of King Iohn during all the raigne of Henr 3 his Sonne the Pope did not claime a Seâ—gniory or a rent out of England and Ireland but did endeauour to conuert all the profits of both lands to his owne vse as if hee had beene â—â—â—sed of all in demeâ—ne For whosoeuer will read Matth. Paris his story of the time of King Henr. 3. will say these things spoken of before were but the beginnings of euils For the exactions and oppressions of the Court of Rome were so continnuall and intolerable as that poore Monke who liued in those times though otherwise hee adored the Pope doth call England Baalams asse loaden beaten and enforced to speake doth call the Court of Rome Charybdis and barathrum auaritiae the Popes Collectors Harpies and the Pope himselfe a stepfather and the Church of Rome a stepmother Hee sheweth that two third parts of the land being then in the hands of Churchmen the entier profits thereof were exported to enrich the Pope and the Court of Rome which was done for the most part by these two waies and meanes First by conâ—erring the best Ecclesiasticall benefices vppon Italians and other strangers 〈◊〉 entan that Court whose farmers and factors in England tooke the prosits turned them into money and returned the money to Rome Secondly by imposing continuall taxes and tallages worse then Irish â—uttings being sometimes the tenth sometimes the fifteenth sometimes the third sometimes the moytie of all the goods both of the Cleagie and Laytie vnder colour of maintaining the Popes holy warres against the Emperour and the Greeke Church who were then said to bee in rebellion against their Lady and mistresse the Church of Rome Besides for the speedy leuying and safe returne of these monyes the Pope had his Lumbards and other Italian Bankers and vsurers resident in London and other parts of the Realme who offered to lend and disburse the moneys taxed and returne the same by exchange to Rome taking such penall bands the forme whereof is set downe in Matth. Paris and such excessiue vsury as the poore religious houses were faine to sell their Chalices and Copes and the rest of the cleargie and laâ—ty had their backes bowed and their estates broken vnder the burthen Besides the Pope tooke for perquisits and casualties the goods of all clarkes that died intestate the goods of all vsurers and all goods giuen to charitable vses Moreouer he had a swarme of Friers the first corruptors of religion in England who perswaded the nobility and gentry to put on the signe of the Crosse and to vow themselues to the holy warres which they had no sooner done but they were againe perswaded to receaue dispensations of their vowes and to giue money for the same to the church of Rome I omitt diuers other policies then vsed by the Popes collectors to exhaust the wealth of the Realme which they affirmed they might take with as good a conscience as the Hebrewes tooke the Iewells of the Egiptians Breefely whereas the King had scarce meanes to maintaine his Roâ—all famely they receaued out of England seuenty thousand pounds sterling at least yearely which amounteth to two hundred and ten thousand pounds sterling of the moneys currant at this day Besides they exported sixe thousand markes out of Ireland at one time which the Emperour Fredericke intercepted Lastly the King himselfe was so much deiected as at a Royall feast hee placed the Popes legate in his owne Chaire of Estate himselfe sitting on his right hand and the Bishop of Yorke on his left non sine multorum obliquantibus oculis saieth Matth. Paris Thus we see the effect of the Popes pretended iurisdiction within the dominions of the King of England Wee see to what calamity and seruitude it then reduced both the Prince and people Was it not therefore high time to meet and oppose those inconueniences Assuredly if King Edward 1. who was the Sonne and heire of Heâ—r 3. had enherited the weaknes of his father and had not resisted this vsurpation and insolencie of the Court of Rome the Pope had beene proprietor of both these Ilands and there had beene no King of England at this day King Edw. 1. opposeth the Popes â—surpation But King Edward 1. may well be styled vindex Anglicae libertatis the Moses that deliuered his people from slauerie and oppression and as he was a braue and victorious Prince so was he the best Pâ—ter patriae that euer raigned in England since the Norman Conquest till the Coronation of our gracious Soueraigne At the time of the death of his fathet hee was absent in the warre of the holy land being a principall commaunder of the Christian armie there so as he returned not before the second yeare of his raigne But he was no sooner returned and crowned but the first worke he did was to shake of the yoke of the Bishop of Rome For the Pope hauing then summoned a generall Counsell before he would licence his Bishops to repaire vnto it he tooke of them a solemne oath that they should not receaue the Popes blessing Againe the Pope forbidds the King to warre against Scotland the King regards not his prohibition he demaunds the first fruits of Ecclesiasticall liuings the King forbidds the payment thereof vnto him The Pope sendeth forth a generall Bull prohibiting the cleargie to pay subsidies or tributes to temporall Princes A tenth was graunted to the King in Parliament the cleargie refused to pay it the King seiseth their temporalties for their contempt and gott payment notwithstanding the Popes Bull. After this he made the statute of Morâ—main whereby hee brake the Popes chiefe nett which within an age or two more would haue drawen to the Church all the temporall possessions of the kingdome c. Againe one of the Kings subiects brought a Bull of excoÌ„munication against another the King coÌ„maundeth he should be executed as a traytor according to the auncient law But because that law had not of long time beene put in execution the Chauncellor Treasurer kneeld before the King and obtained grace for him so as he was onely banished out of the Realme And as he iudged it treason to bring in Bulls of excommunication so he held it
a high contempt against the Crowne to bring in Bulls of Prouision or breeses of citation and accordingly the law was so declared in Parliament 25. Edw. 1. which was the first statute made against Prouisors the execution of which law during the life of King Edw. 1. did welny abolish the vsurped iurisdiction of the Court of Rome and did reuiue and restore againe the auncient and absolute Soueraigntie of the King and Crowne of England His successor King Edw. 2. being but a weake Prince the Pope attempted to vsurpe vppon him againe but the Peeres and people withstood his vsurpation E. 2. suffereth the pope to vsurpâ— againe And when that vnhappy King was to bee deposed among many articles framed against him by his enemies this was one of the most heynous that he had giuen allowance to the Popes Bulls Againe during the minority of King Edw. 3. and after that in the heat of the warres in France the Pope sent many Breefes and Bulls into England and at last presumed so farre as that he gaue an Italian the title of a Cardinall in England and withall by his Bull gaue him power to bestow all Ecclesiasticall promotions as they should fall void from time to time E. 3. resisteth the vsur pation of the pope This moued the King and Nobility to write to the Pope to this effect wee our auncestors haue richly indowed the Church of England and haue founded Abbeyes other religious houses for the instruction of our people for maintenance of hospitality and for the aduancement of our countrymen and kinsmen Now you prouide and place strangers in our benefices that come not to keepe residence there vppon and if they come vnderstand not our language and some of them are subiects to our mortall enemies by reason whereof our people are not instructed hospitalitie is not kept our schollers are vnpreferred the treasure of the Realme is exported The Pope returneth answere that the Emperour had lately submitted himselfe to the Church of Rome in all points and was become the Popes great friend and in menacing manner aduised the King of England to doe the like The King replies that if the Emperour and french King both should take his part he was ready to giue battaile to both in defence of the liberties of his Crowne Herevppon the seuerall statutes against prouisors besore recited were put in execution so seuerely as the King and his subiects enioyed their right of patronage cleerely and their exemption of clarkes tooke no place at all for that the Abbot of Waltham and Bishop of Winchester were both attainted of high contempts and the Bishop of Ely of a capitall offence as appeareth in the Records of this Kings raigne King Rich. 2. Yet during the nonage of Richard 2. they began once againe to encroach vppon the crowne by sending Legates and Bulls and breefes into England whereof the people were so sensible and impatient as that at their speciall prayer this law of 16. Rich. 2. Wherevppon our indictment is framed was enacted being more sharpe and penall then all the sormer statutes against prouisors And yet against this King as against Edw. 2. it was obiected at the time of his depriuation that he had allowed the popes bulls to the enthralling of the Crowne Aster this in the weake time of King Henr. 6. they made one attempt more to reuiue their vsurped iurisdiction by this policy The Commons had denied the King a Subsidy when he stood in great want of monyes The Archbishop of Canterbury the rest of the Bishops offered the King a large suppâ—â—e of his wants if hee would consent that all the lawes against prouisors and specially this law of 16 Rich. 2. might be repealed But Hâ—â—frey Duke of â—â—â—câ—ster who had lately before cast the popes Bull into the siâ—e did likewise cause this motion to be reiected So as by speciall prouidence these lawes haue stood in force euen till this day in both these kingdomes The euideÌ„ce against Lalor Then the Atturney generall descended to the euidence whereby hee proued fully all the partes of the indictement First it was proued by Lalors owne confession vppon seuerall examinations taken besore the Lord Deputie and Lord Chauncellor and others that he had accepted the office and title of Vicar generall in the Dioceses of Dublin Kildare and Fernes by vertue of the popes Bull. Secondly it appeared by the copies of sundry letters found among his papers at his apprehension that he styled himselfe the popes Vicar in this forme Robertus Dublinien Kildaren Fernen Dâ—oâ—â—s Vicarius Apostolicus Thirdly there were produced the copies of diuers Acts and Instruments written for the most part with Laâ—ors owne hand some of institutions of popish priests to benefices others of dispensations with mariage within the degrees others of diuorces others of dispensation for non payment of Tâ—ethes Whereby it was manifestly proued that he did execute the popes Bull in vsurping and exercising Episcopall iuâ—â—sdiction as Vicar generall of the Sea Apostolike within the Dioceses before named To this euidence he made a threefold answere first that he was no suitor for the office of Vicar generall but it was imposed on him and hee accepted it virtute obediâ—ntiae onely to obey his Superiors next that he did exercise the office of Vicar generall in foro conscientiae tantum and not in foro iudicij And lastly that those copies of institutions dispensations and diuorces were many of them written with his mans hand as precedents of such acts and instruments without his priuity or direction Herevppon Sir Iames Ley chiefe Iustice told him that hee could not well say that hee accepted that vnlawfull office virtute obedientiae for there was no vertue in that obedience that he ow'd an obedience to the lawe to the King who is the true Superior and Soueraigne ouer all his subiects and hath no Peere within his dominions and that the Superiors whome he meant and intended were but vsurpers vppon the Kings iurisdiction and therefore this excuse did aggrauate his contempt in that it appeared he had vowed obedience to those who were apparant enemies to the King and his Crowne And though it were manifest that he exercised iurâ—sdiction in foro iudicij for euery institution is a iudgement and so is euerie sentence of diuorce yet were his offence nothing diminished if he had executed his office of Vicar generall in foro conscientiae tantum for the court of mans conscience is the highest tribunall and wherein the power of the keyes is exercised in the highst degree Lalors confession publikly read Herevnto the Atturney generall tooke occasion to add thus much that Lalor had committed these high offences not only against the lawe but against his owne conscience and that he was already condemned in â—oro conscintiae For that he vppon his second examination had voluntarily acknowledged himselfe not to be a lawfull Vicar generall that he thought in his