elective which be of his Avowry as his Progenitors did before that free Election was granted fithence that the Elections were first granted by the King's Progenitors upon a certain form and condition as to demand licence of the King to chuse and after the Election to have his Royall Assent and not in other manner which conditions not kept the King ought by reason to resort to the first nature as by the said Act more at large appeareth In the 27. year of the Reign of the same King it was grievously complained to the King in a Parliament then holden by the Great men and Commons of the Realm how that divers of the people were and had been drawn out of the Realm to answer to things whereof the conusance pertained to the King's Court and also that the Judgments given in the same Court were impeached in other Courts in prejudice and disherison of the King and of his Crown and of all the people of his said Realm and to the undoing and destruction of the Common Law of the same Realm at all times used Whereupon good deliberation being had with the Great men and others of his said Council it was assented and accorded by the King and the Great men and Commons aforesaid That all the people of the King's allegeance of what condition that they be which should draw any out of the Realm for plea whereof the conusance pertained to the King's Court or for things whereof Judgments were given in the King's Court or which did sue in any other Court to defeat or impeach the Judgments given in the King's Courts should incur the danger of Premunire as by the said Act appeareth To nourish love peace and concord between Holy Church and the Realm and to appease and cease the great hurt and perils and importable losses and grievances that had been done and happened in times past and that should happen hereafter if the thing from thenceforth be suffered to pass because of personal Citations and other that be passed before this time and commonly did passe from day to day out of the Court of Rome by feigned and false Suggestions and Propositions against all manner of persons of the Realm upon Causes whose cognisance and final discussing pertained unto the King and his Royal Court and also of Impetrations and Provisions of Benefices and Offices of Holy Church pertaining to the gift presentation donation and disposition of the King and other Lay Patrons of this Realm as of Churches Chappels and other Benefices appropriated to Cathedrall Churches Abbies Priories Chauntries Hospitalls and other poor Houses and of other Dignities Offices and Benefices occupied in times past and presented by divers and notable persons of the said Realm for which causes and dispensing whereof the good ancient Lâ—ws Usages Customes and Franchises of the said Realm had been and were greatly appaired blemished and confounded the Crown of their Sovereign Lord the King minished and his Person falsely defamed his Treasury and Riches of the Realm carried away the inhabitants and subjects of the Realm impoverished and troubled the Benefices of Holy Church wasted and destroyed Divine Service Hospitalities Alms-deeds and works of charity withdrawn and set apart the Commons and Subjects of the Realm in body and goods consumed The King at his Parliament holden at Westminster in the Vtas of S. Hillary the 38. year of his Reign having regard to the quietness of his people which he chiefly desired to sustain in tranquillity and peace to govern according to the Laws Usages and Franchises of his Land as he was bound by his Oath made at his Coronation following the ways of his Progenitors which for their time made certain good Ordinances and Provisions against the said Grievances and Perils which Ordinances and Provisions and all the other made in his time and especially in the 25. and 27. years of his Reign the King by the assent and expresse will and concord of the Dukes Earls Barons and the Commons of this Realm and of all other whom these things touched by good and meet deliberation and advisement did approve accept and confirm as by the said Act appeareth But those which should execute the said good Laws against such capitall Offendors were cursed reproved and defamed by such as maintained the usurped Jurisdiction of the Bishop of Rome Against which an especial Act of Parliament was made by the King and his whole Realm prohibiting thereby such Defamations and Reproofs In the Reign of King Richard the Second AGainst an Incumbent of a Church in England another sueth a Provision in the Court of Rome and there pursueth untill he recovereth the Church against the Incumbent and after brought an Action of Account against him as receiver of divers sums of money which in troth were the Oblations and Offerings which the Incumbent had received And the whole Court was of opinion against the Plaintif and thereupon he became non-suit It is declared by that Parliament that the Crown of England hath been so free at all times that it hath been in subjection to no Realm but immediately subject to God and none other and that the same ought not in any thing touching the Regalty of the same Crown be submitted to the Bishop of Rome nor the Laws and Statutes of this Realm by him frustrated or defeated at his will to the perpetuall destruction of the King his Sovereignty Crown and Regalty and of all his Realm And the Commons in that Parliament affirmed that the things attempted by the Bishop of Rome be clearly against the King's Crown and his Regalty used and approved in the time of all his Progenitors Wherefore they and all the liege Commons of the same Realm would stand with the King and his said Crown and his Regalty in the cases aforesaid and in all other cases attempted against him his Crown and his Regalty in all points to live and to die And moreover they did pray the King and him required by way of justice that he would examine all the Lords in the Parliament as well Spiritual as Temporal severally and all the States of the Parliament how they thought of the cases aforesaid which were so openly against the King's Crown and in derogation of his Regalty and how they would stand in the same cases with the King in upholding the Rights of the said Crown and Regalty Whereupon the Lords Temporal so demanded did answer every one by himself That the cases aforesaid were clearly in derogation of the King's Crown and of his Regalty as it was well known and had been of long time known and that they would stand with the same Crown and Regalty in those cases especially and in all other cases which should be attempted against the said Crown and Regalty in all points with all their power And moreover then was demanded of the Lords Spiritual there being and the Procurators of others being absent their advice and will in all those cases which Lords
that is to say the Archbishops Bishops and other Prelates being in the Parliament severally examined making protestations that it was not their mind to deny or affirm that the Bishop of Rome might not excommunicate Bishops nor that he might make Translation of Prelates after the Law of Holy Church answered and said That if any Executions or Processes in the King's Court as before were made by any and censures of Excommunications be made against any Bishop of England or any other of the King's liege people for that they had made execution of such commandments and that if any executions of such Translations be made of any Prelats of the same Realm which Prelats were very profitable and necessary to the King and to his said Realm or that his sage men of his Council without his assent and against his will be withdrawn and eloigned out of the Realm so that the substance and Treasury of the Realm might be destroyed that the same was against the King and his Crown as it was contained in the Petition before named And likewise the same Procurators every one by himself examined upon the said matters did answer and say in the name and for their Lords as the said Bishops had said and answered And that the said Lords Spiritual would and ought to stand with the King in these cases lawfully in maintaining of his Crown and in all other cases touching his Crown and his Regalty as they were bound by their Allegeance Whereupon the King by the assent aforesaid and at the prayer of his said Commons did ordain and establish That if any purchase or pursue or cause to be purchased or pursued in the Court of Rome or elsewhere any such Translations Processes and Sentences of Excommunication Bulls Instruments or any other things which touched the King their Lord against him his Crown and his Regalty or his Realm as is aforesaid and they which bring them within the Realm or them receive or make thereof notification or any other execution within the same Realm or without that they their notorious procurators maintainers fautors and counsellors should be put out of the King's protection and their lands and tenements goods and chattels forfeit to the King and they be attached by their bodies if they may be found and brought before the King and his Council there to answer to the cases aforesaid or that processe be made against them by Premunire facias as it is ordained in other Statutes of Provisors and others which do sue in any other Court in derogation of the Regalty of the King as by the said Act also appeareth In the Reign of King Henry the Fourth IT is resolved that the Pope's Collector though he have the Pope's Bulls for that purpose hath no Jurisdiction within this Realm and there the Archbishops and Bishops c. of this Realm are called the King's Spirituall Judges By the ancient Laws Ecclesiasticall of this Realm no man could be convicted of Heresie being high Treason against the Almighty but by the Archbishop and all the Clergy of that Province and after abjured thereupon and after that newly convicted and condemned by the Clergy of that Province in their general Council of Convocation But the Statute 2 H. 4. cap. 15. doth give the Bishop in his Diocese power to condemn an Heretick And before that Statute he could not be committed to the Secular power to be burnt untill he had once abjured and was again relapsed to that or some other Heresie Whereby it appeareth that the King by consent of Parliament directed the proceedings in the Ecclesiasticall Court in case of Heresie and other matters more spirituall The Pope cannot alter the Laws of England The Judges say that the Statutes which restrain the Pope's Provisions to the Benefices of the advowsons of Spiritual men were made for that the Spiritualty durst not in their just cause say against the Pope's Provisions So as those Statutes were made but in affirmance of the Common Laws Excommunication made by the Pope is of no fore in England and the same being certified by the Pope into any Court in England ought not to be allowed neither is any Certificate of any Excommunication available in law but what is made by some Bishop of England for the Bishops are by the Common Laws the immediate Officers and Ministers of justice to the King's Courts in Causes Ecclesiasticall If any Bishop do excommunicate any person for a Cause that belongeth not unto him the King may write unto the Bishop and command him to assoil and absolve the party If any person of Religion obtain of the Bishop of Rome to be exempt from obedience Regular or ordinary he is in case of Premunire which is an offence as hath been said contra Regem Coronam Dignitatem suas The Commons did grievously complain to the King at the Parliament holden in the 6. year of H. 4. of the horrible mischiefs and damnable customes which then were introduct of new in the Court of Rome that no person Abbot or other should have provision of any Archbishoprick or Bishoprick which should be void till he had compounded with the Pope's Chamber to pay great and excessive sums of money as well for the First-fruits of the same Archbishoprick or Bishoprick as for the other lesse Services in the same Court and that the same sums or the greater part thereof be paid before hand which sums passed the treble or the double at the least of that that was accustomed of old time to be paid in the said Chamber and otherwise by the occasions of such Provisions whereby a great part of the Treasury of this Realm had been brought and carried to the said Court and also should be in time to come to the great impoverishing of the Archbishops and Bishops within the same Realm and elsewhere within the King's dominions if convenient remedy were not for the same provided The King to the honour of God as well to eschew the dammage of this Realm as the perils of their souls which owen to be advanced to any Archbishopricks and Bishopricks within the Realm of England and elsewhere within the King's dominions out of the same Realm by the advice and assent of the Great men of his Realm in the Parliament did ordain and establish That they and every of them that should pay to the said Chamber or otherwise for such Fruits and Services greater sums of mony then had been accustomed to be paid in old time past they and every of them should incur the forfeiture of as much as they may forfeit towards the King as by the said Act appeareth No person Religious or Secular of what estate or condition that he were by colour of any Bulls containing priviledges to be discharged of Tithes pertaining to Parish-churches Prebends Hospitals Vicarages purchased before the first year of King Richard the 2. or after and not executed should put in execution any
the Proclamation was published whereby all Jesuites and Priests ordained by forrein authority were commanded to depart out of this kingdome by a certain time prefixed After which time he began to lurk and to change his name howbeit at last he was apprehended in Dublin and committed to prison in the Castle there Upon his first Examination taken by the Lord Deputie himself he acknowledged that he was a Priest and ordained by a Popish Titulary Bishop that he had accepted the title and Office of the Pope's Vicar-generall in the three Dioceses before named and had exercised spirituall jurisdiction in foro conscientiae and in sundry other points he maintained and justified the Pope's authority onely he said he was of opinion that the Pope had no power to excommunicate or depose his Majestie because the King is not of the Pope's Religion The next Term after he was indicted upon the Statute of 2 Eliz. enacted in this Realm against such as should wilfully and advisedly maintain and uphold the jurisdiction of any forrein Prince or Prelate in any causes Ecclesiasticall or Civil within this Realm By which Statute the first offence of that kind is punished with losse of goods and one year's imprisonment the second offence incurreth the penaltie of the Praemunire and the third offence is made high Treason Upon this Indictment he was arraigned convicted and condemned and so rested in prison during the next two Terms without any farther question He then made petition unto the Lord Deputie to be set at liberty whereupon his Lordship caused him to be examined by Sir Oliver Saint John Sir James Fullerton Sir Jefferie Fenton the Atturney and Solicitor generall At first he made some evasive and indirect answers but at last voluntarily and freely he made this ensuing acknowledgement or confession which being set down in writing word for word as he made it was advisedly read by him and subscribed with his own hand and with the hands of those who took his examination and afterwards he confirmed it by his oath before the Lord Deputie and Counsell The Confession or Acknowledgement of Robert Lalor Priest made the 22. of December 1606. FIrst he doth acknowledge that he is not a lawfull Vicar-generall in the Dioceses of Dublin Kildare and Fernes and thinketh in his conscience that he cannot lawfully take upon him the said Office Item he doth acknowledge our Sovereign Lord King James that now is to be his lawfull chief and Supreme Governour in all causes as well Ecclesiasticall as Civil and that he is bound in conscience to obey him in all the said causes and that neither the Pope nor any other forrein Prelate Prince or Potentate hath any power to controll the King in any cause Ecclesiasticall or Civil within this Kingdome or any of his Majestie 's Dominions Item he doth in his conscience believe that all Bishops ordained and made by the King's authority within any of his Dominions are lawfull Bishops and that no Bishop made by the Pope or by any authority derived from the Pope within the King's Dominions hath any power or authoritie to impugn disannull or controll any Act done by any Bishop made by his Majestie 's authoritie as aforesaid Item he professeth himself willing and ready to obey the King as a good and obedient Subject ought to doe in all his lawfull commandments either concerning his function of Priesthood or any other dutie belonging to a good Subject After this Confession made the State here had no purpose to proceed against him severely either for his contempt of the Proclamation or offence against the Law So as he had more liberty then before and many of his friends had access unto him who telling him what they heard of his Confession he protested unto them that he had only acknowledged the King's Civill and Temporall power without any confession or admittance of his authoritie in Spirituall causes This being reported unto the Lord Deputie by sundry Gentlemen who gave faith unto what he said his Lordship thought sit that since he had incurred the pain of Praemunire by exercising Episcopall jurisdiction as Vicar-generall to the Pope that he should be attainted of that offence as well to make him an example to others of his profession for almost in every Diocese of this Kingdome there is a Titulary Bishop ordained by the Pope as also that at the time of his Trial a just occasion might be taken to publish the Confession and acknowledgement which he had voluntarily made signed and confirmed by oath before the Lord Deputie and Councell who have likewise subscribed their names as witnesses thereof Hereupon in Hillarie Term 4 Jacobi an Inditement was framed against him in the King's Bench upon the Statute of 16 Rich. 2. cap. 5. containing these severall points 1. That he had received a Bull or Brief purchased or procured in the Court of Rome which Bull or Brief did touch or concern the King's Crown and dignity Royall containing a Commission of Authoritie from the Pope of Rome unto Richard Brady and David Magragh to constitute a Vicar-generall for the See of Rome by the name of the See Apostolick in the severall Dioceses of Dublin Kildare and Fernes within this Kingdome of Ireland 2. That by pretext or colour of that Bull or Brief he was constituted Vicar-generall of the See of Rome and took upon him the style and title of Vicar-generall in the said severall Dioceses 3. That he did exercise Ecclesiasticall Jurisdiction as Vicar-generall of the See of Rome by instituting divers persons to Benefices with cure of souls by granting dispensations in causes Matrimonial by pronouncing sentences of divorce between divers married persons and by doing all other acts and things pertaining to Episcopal Jurisdiction within the said several Dioceses against our Sovereign Lord the King his Crown and dignity Royal and in contempt of his Majesty and disherison of his Crown and contrary to the form and effect of the Statute c. To this Inditement Lalor pleaded Not guilty and when the issue was to be tried the name and reputation of the man and the nature of the cause drew all the principal Gentlemen both of the Pale and Provinces that were in town to the hearing of the matter At what time a substantial Jury of the City of Dublin being sworn for the trial and the points of the Inditement being opened and set forth by the King's Serjeant the Attorney general thought it not impertinent but very necessary before he descended to the particular evidence against the prisoner to inform and satisfie the hearers in two Points 1. What reason moved us to ground this Inditement upon the old Statute of 16 Rich. 2. rather then upon some other later Law made since the time of King Henr. 8. 2. What were the true causes of the making of this Law of 16 Rich. and other former Laws against Provisors and such as did appeal to the Court of Rome in those
Britanniae Anglorum Regem Monarcham By which it appeareth that the King by his Charter made in Parliament for it appeareth to be made by the counsell and consent of his Bishops and Senators of his Kingdome which were assembled in Parliament did discharge and exempt the said Abbot from the Jurisdiction of the Bishop c. and by the same Charter did grant to the said Abbot Ecclesiasticall Jurisdiction within his said Abbey which Ecclesiasticall Jurisdiction being derived from the Crown continued untill the Dissolution of the said Abbey in the Reign of King Henry the Eighth In the Reign of King Edward the Confessor THe King who is the Vicar of the Highest King is ordained to this end that he should govern and rule the Kingdome and people of the Land and above all things the Holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief And this shall suffice for many before the Conquest In the Reign of King William the First IT is agreed that no man can make any Appropriation of any Church having Cure of Souls being a thing Ecclesiastical and to be made to some person Ecclesiastical but he that hath Ecclesiastical Jurisdiction But William the First of himself without any other as King of England made Appropriation of Churches with Cure to Ecclesiastical persons Wherefore it followeth that he had Ecclesiasticall Jurisdiction In the Reign of King Henry the First HEnry by the Grace of God King of England Duke of Normans To all Archbishops Bishops Abbots Earls Barons and to all Christians as well present as to come c. We do ordain as well in regard of Ecclesiasticall as Royall power that whensoever the Abbot of Reading shall die that all the possession of the Monastery wheresoever it is do remain entire and free with all the rights and customs thereof in the hands and disposition of the Prior and Monks of the Chapter of Reading We do therefore ordain and establish this Ordinance to be observed for ever because the Abbot of Reading hath no Revenues proper and peculiar to himself but common with his brethren whosoever by God's will shall be appointed Abbot in this place by Canonicall election may not dispend the Alms of the Abbey by ill usage with his secular kinsmen or any other but in entertaining the poor Pilgrims and Strangers and that he have a care not to give out the Rent-lands in fee neither that he make any Servitors or Souldiers but in the Sacred garment of Christ wherein let him be advisedly provident he entertain not young ones but that he entertain men of ripe age or discreet as well Clerks as Lay-men In the Reign of King Henry the Third IN all the time of H. 3. and his Progenitors Kings of England and ever fithence if any man did sue afore any Judge Ecclesiasticall within the Realm for any thing whereof that Court by allowance and custome had not lawful conusance the King did ever by his Writ under his great Seal prohibit them to proceed And if the suggestion made to the King whereupon the Prohibition was grounded were after found untrue then the King by his Writ of Consultation under his great Seal did allow and permit them to proceed Also in all the Reign of H. 3. and his Progenitors King of England and ever fithence if any issue were joyned â—pon the loyalty of Marriage general Bastardy or such like the King did ever write to the Bishop of that Diocese as mediate Officer and Minister to his Court to certifie the loyalty of Marriage Bastardy or such like all which do apparently prove that those Ecclesiastical Courts were under the King's Jurisdiction and commandment and that one of the Courts wure so necessarily incident to the other as the one without the other could not deliver Justice to the parties as well in these particular cases as in a number of cases before specified whereof the King 's Ecclesiasticall Court hath Jurisdiction Now to command and to be obeyed belong to Sovereign and Supreme Government By the ancient Canons and Decrees of the Church of Rome the issue born before solemnization of marriage is as lawfully inheritable marriage following as the issue born after marriage But this was never allowed or appointed in England and therefore was never of any force here And this appeareth by the Statute of Merton made in the 20. year of King Henry the 3. To the King 's Writ of Bastardy whether one being born afore matrimony may inherit in like manner as he that is born after matrimony all the Bishops answered that they would not nor could not answer to it because it was directly against the common order of the Church And all the Bishops instanted the Lords that they would consent that all such as were born afore matrimony should be legitimate as well as they that be born within matrimony as to the succession of inheritance forsomuch as the Church accepteth such to be legitimate And all the Earls and Barons with one voice answered We will not change the Laws of England which hitherto have been used and approved In the Reign of King Edward the First IN the Reign of King Edward the First a Subject brought in a Bull of Excommunication against another Subject of this Realm and published it to the Lord Treasurer of England and this was by the ancient Common Law of England adjudged Treason against the King his Crown and Dignity for the which the offendor should have been drawn and hanged but at the great instance of the Chancellour and Treasurer he was onely abjured the Realm for ever The said King Edward the 1. presented his Clerk to a Benefice within the Province of York who was refused by the Archbishop for that the Pope by way of Provision had conferred it on another The King thereupon brought a Quare non admisit The Archbishop pleaded that the Bishop of Rome had long time before provided to the said Church as one having supreme Authority in that case and that he durst not nor had power to put him out which was by the Pope's Bull in possession For which his high Contempt against the King his Crown and Dignity in refusing to execute his Sovereign's Commandment fearing to doe it against the Pope's Provision by judgement of the Common Law the Lands of his whole Bishoprick were seized into the King's hands and lost during his life Which Judgement was before any Statute or Act of Parliament was made in that case And there it is said that for the like offence the Archbishop of Canterbury had been in worse case by the judgement of the Sages of the Law then to be punished for a Contempt if the King had not extended grace and favour to him Concerning men twice married called Bigamy whom the Bishop of Rome by a Constitution made at the Council of Lions hath excluded from all priviledge of Clergy whereupon certain Prelates
when such persons have been attainted for Felons have prayed for to have them delivered as Clerks which were made Bigamy before the same Constitution It is agreed and declared before the King and his Council that the same Constitution shall be understood in this wise That whether they were Bigamy before the same Constitution or after they shall not from henceforth be delivered to the Prelates but Justice shall be executed upon them as upon other Lay people In an Act made at a Parliament holden at Carlile in the 25. year of the said King Ed. the First it is declared That the Holy Church of England was founded in the state of Prelacy within this Realm of England by the King and his Progenitors c. for them to inform the people in the Law of God and to keep Hospitality give Alms and doe other works of Charity c. And the said Kings in times past were wont to have the Advice and Counsel for the safeguard of the Realm when they had need of such Prelates The and Clerks so advanced The Bishop of Rome usurping the Seigniories of such Benefices did give and grant the same Benefices to Aliens which did never dwell in England and to Cardinals which might not dwell here c. in adnullation of the state of the Holy Church of England disherison of the King Earls Barons and other Nobles of the Realm and in offence and destruction of the Laws and Rites of this Realm and against the good disposition and will of the first Founders It was enacted by the King by assent of all the Lords and Comminalty in full Parliament That the said Oppressions Grievances and Dammages in this Realm from thenceforth should not be suffered as more at large appeareth by that Act. In the Reign of King Edward the Second ALbeit by the Ordinance of Circumspectè agatis made in the 13. year of Edw. 1. and by general allowance and usage the Ecclesiasticall Court held plea of Tithes Obventions Oblations Mortuaries Redemptions of penance Laying of violent hands upon a Clerk Defamations c. yet did not the Clergy think themselves assured nor quiet from Prohibitions purchased by Subjects untill that King Edw. the 2. by his Letters Patents under the great Seal in and by consent of Parliament upon the Petitions of the Clergy had granted unto them to have Jurisdiction in those cases The King in a Parliament holden in the 9. year of his Reign after particular Answers made to their Petitions concerning the matters abovesaid doth grant and give his Royall Assent in these words We desiring as much as of right we may to provide for the state of the Church of England and the tranquillity and quiet of the Prelates of the said Clergy to the honour of God and the amendment of the state of the said Church and of the Prelates and Clergy ratifying and approving all and singular the said Answers which appear in the said Act and all and singular things in the said Answers contained We do for us and our Heirs grant and command that the same be inviolably kept for ever Willing and granting for us and our Heirs That the said Prelates and Clergy and their Successors for ever do exercise Ecclesiasticall Jurisdiction in the premisses according to the tenour of the said Answer In the Reign of King Edward the Third AN Excommunication by the Archbishop albeit it be disannulled by the Pope or his Legates is to be allowed neither ought the Judges to give any allowance of any such Sentence of the Pope or his Legate It is often resolved that all the Bishopricks within England were founded by the King's Progenitors and therefore the Advowsons of them all belong to the King and at the first they were donative And that if an Incumbent of any Church with Cure die if the Patron present not within 6 months the Bishop of that Diocese ought to collate to the end the Cure may not be destitute of a Pastor If he be negligent by the space of 6 months the Metropolitan of that Diocese shall confer one to that Church And if he also leave the Church destitute by the space of 6 months then the Common Law giveth to the King as to the Supreme within his own Kingdome and not to the Bishop of Rome power to provide a competent Pastor for that Church The King may not onely exempt any Ecclesiasticall person from the Jurisdiction of the Ordinary but may grant unto him Episcopal Jurisdiction As thus it appeareth there the King had done of ancient time to the Archdeacon of Richmond All Religious or Ecclesiasticall Houses whereof the King was Founder are by the King exempt from ordinary Jurisdiction and onely visitable and corrigible by the King 's Ecclesiasticall Commission The Abbot of Bury in Suffolk was exempted fron Episcopall Jurisdiction by the King's Charter The King presented to a Benefice and his Presentee was disturbed by one that had obtained Bulls from Rome for which offence he was condemned to perpetuall imprisonment c. Tithes arising in places out of any Parish the King shall have for that he having the Supreme Ecclesiasticall Jurisdiction is bound to provide a sufficient Pastor that shall have the Cure of souls of that place which is not within any Parish And by the Common Laws of England it is evident that no man unlesse he be Ecclesiasticall or have Ecclesiasticall Jurisdiction can have inheritance of Tithes The King shall present to his free Chappels in default of the Dean by Lapse in respect of his Supreme Ecclesiasticall Jurisdiction And Fitzherbert saith that the King in that case doth present by Lapse as Ordinarie An Excommunication under the Pope's Bull is of no force to disable any man within England And the Judges said that he that pleadeth such Bulls though they concern the Excommunication of a Subject were in a hard case if the King would extend his justice against him If Excommunication being the extreme and final end of any Suit in the Court at Rome be not to be allowed within England it consequently followeth that by the ancient Common Laws of England no Suit for any Cause though it be spiritual rising within this Realm ought to be determined in the Court of Rome Quia frustrà expectatur eventus cujus effectus nullus sequitur And that the Bishops of England are the immediate Officers and Ministers to the King's Courts In an Attachment upon a Prohibition the Defendant pleaded the Pope's Bull of Excommunication of the Plaintif The Judges demanded of the Defendant if he had not the Certificate of some Bishop within the Realm testifying this Excommunication To whom the Counsell of the Defendant answered that he had not neither was it as they supposed necessarie for that the Bulls of the Pope under Lead were notorious enough But it was adjudged that they were not sufficiet for that the Court ought not to ave regard to
any Excommunication out of he Realm And therefore by the rule of the Court the Plaintif was not thereby disabled Reges sacro oleo uncti sunt Spiritualis Jurisdictionis capaces Where a Prior is the King's debtor and ought to have Tithes of another Spiritual person he may chuse either to sue for subtraction of his Tithes in the Ecclesiastical Court or in the Exchequer and yet the persons and matter also were Ecclesiastical For seeing the matter by a mean concerneth the King he may sue for them in the Exchequer as well as in the Ecclesiastical Court and there shall the right of Tithes be determined And Fitzherbert in his Nabre fol. 30. holdeth that before the Statute of 18 E. 3. cap. 7. right of Tithes were determinable at the Temporal Courts at the election of the party and by that Statute assigned to be determined in the Ecclesiastical Court and the Temporal Court excluded thereof And the Courts of divers Mannors of the King 's and of other Lords in ancient times had the Probates of last Wills and Testaments And it appeareth by 11 H. 7. fol. 12. that Probate of Testaments did not appertain to the Ecclesiasticall Court but that of late time they were determinable there So as of such Causes and in such manner as the Kings of the Realm by general consent and allowance have assigned to their Ecclesiasticall Courts they have Jurisdiction by force of such allowance The King did by his Charter translate Canons Secular into Regular and Religious persons which he did by his Ecclesiasticall Jurisdiction and could not doe it unlesse he had Jurisdiction Ecclesiasticall The Abbot of Waltham died in the 45. year of E. 3. and one Nicholas Morris was elected Abbot who for that the Abbey was exempt from ordinary Jurisdiction sent to Rome to be confirmed by the Pope And because the Pope by his Constitutions had reserved all such Collations to himself he did recite by his Bull that he having no regard to the Election of the said Nicholas gave to him the said Abbey and the Spiritualties and Temporalties belonging to the same of his spirituall grace and at the request as he feigned of the King of England This Bull was read and considered of in Councill that is before all the Judges of England and it was resolved by them all that this Bull was against the Laws of England and that the Abbot for obtaining the same was fallen into the King's mercy whereupon all his possessions were seised into the King's hands as more at large by the said Case appeareth Where the Abbot of Westminster had a Prior and Convent who were Regular and mort in law yet the King by his Charter did divide that Corporation and made the Prior and Convent a distinct and capable Body to sue and be sued by themselves At a Parliament holden in the 25. year of King Edward the Third it was enacted by consent of the whole Parliament That as well they that obtained Provisions from Rome as they that put them in execution should be out of the King's protection and that a man might doe with them as with the enemies of the King And he that offendeth against such Provisors in body goods or other possessions should be excused against all people and should never be impeached or grieved for the same By which Law every man might lawfully kill such an Offendor as a common enemy against the King and his Countrey so hainous were such offences then holden Afterwards in the same 25. year of King Edward the Third it was in open Parliament by the grievous complaints of all the Commons of this Realm shewed that the Grievances and Mischiefs aforesaid did daily abound to the great dammage and destruction of all this Realm more then ever before viz. That of late the Bishop of Rome by procurement of Clerks and otherwise had reserved and did daily reserve to his Collation generally and specially as well Archbishopricks Abbies and Priories as all other Dignities and other Benefices of England which were of the Advowrie of people of Holy Church and gave the same as well to Aliens as to Natives and did take of all such Benefices the First-fruits and many other Profits and a great part of the Treasure of the Realm was carried away and dispended out of the Realm by the purchasors of such graces and also by such privy Reservations many Clerks advanced in the Realm by their true Patrons which peaceably had holden their Advancements by long time were suddenly put out Whereupon the said Commons did pray their said Sovereign Lord the King that fithence the right of the Crown of England and the Law of the said Realm was such that upon the mischiefs and dammages which happened to his Realm he ought and was bound of the accord of his said people thereof to provide remedie and law for the avoiding the mischiefs and dammage which thereof came That it might please him thereupon to ordain remedy The said King Ed. the 3. seeing the mischiefs and dammage before named and having regard to the Statute made in the time of his Grandfather King Ed. 1. and to the causes contained in the same which Statute holdeth always his force and was never defeated nor adnulled in any point and forasmuch as he was bound by his Oath to see the same to be kept as a Law of this Realm though that by sufferance and negligence it had been fithence attempted to the contrary also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore willing to ordain remedy for the great dammage and mischiefs which had happened and daily did happen to the Church of England by the said cause by the assent of all the Great men and the Commonalty of the said Realm to the honour of God and profit of the said Church of England and of all his Realm did order and establish That the free Election of Archbishops Bishops and all other Dignities and Benefices electory in England should hold from thenceforth in the manner as they were granted by the King's Progenitors and founded by the Ancestors of other Lords And that all Prelates and other people of Holy Church which had Advowsons of any Benefices of the King's gift or of any of his Progenitors or of other Lords and Donors to doe Divine Service and other charges thereto pertaining should have their Collations and Presentments freely in the manner as they were infeoffed by their Donors And in case that Reservation Collation or Provision be made by the Court of Rome of any Archbishoprick Bishoprick Dignity or other Benefice in disturbance of the Elections Collations or Presentations afore named That at the time of the Avoidance that such Reservations Collations and Provisions ought to take effect the said King Edward the Third and his Heirs should have and enjoy the same Collations to the Archbishopricks and other Dignities
Authority and not elsewhere in such Courts Spiritual and Temporal of the same as the natures conditions and qualities of the Cases and matters aforesaid in contention or thereafter happening in contention should require without having any respect to any custome use or sufferance in hinderance lett or prejudice of the same or to any other thing used or suffered to the contrary thereof by any other manner person or persons in any manner of wise any forrein Inhibitions Appeals Sentences Summons Citations Suspensions Interdictions Excommunications Restraints Judgements or any other Process or Impediment of what natures names qualities or conditions soever they be from the See of Rome or any other forrein Courts or Potentates of the world or from and out of this Realm or any other the King's dominions or Marches of the same to the See of Rome or to any other forrein Courts or Potentates to the let tor impediment thereof in any wise notwithstanding as by the said Act appeareth By an Act of Parliament in 25 H. 8. it is declared by the King the Lords Spiritual and Temporal and the Commons in that Parliament assembled That neither the King his Heirs nor Successors Kings of this Realm nor any his subjects of this Realm nor of any other his dominions should from thenceforth sue to the said Bishop of Rome called the Pope or to the See of Rome or to any person or persons having or pretending any Authority by the same for Licences Dispensations Impositions Faculties Grants Rescripts Delegacies or any other Instruments or Writings of what kind name nature or quality soever they be for any cause or matter for the which any Licence Dispensation Composition Faculty Grant Rescript Delegacy Instrument or other Writing theretofore had been used and accustomed to be had and obtained at the See of Rome or by authority thereof or of any Prelat of this Realm nor for any manner of other Licences Dispensations Compositions Faculties Grants Rescripts Delegacies or any other Instruments or Writings that in cases of necessity might lawfully be granted without offending of the Holy Scriptures and Laws of God But that from thenceforth every such Licence Dispensation Composition Faculty Grant Rescript Delegacy Instrument and other Writing afore named and mentioned necessary for the King his Heirs and Successors and his and their people and subjects upon the due examination of the causes and qualities of the persons procuring such Dispensations Licences Compositions Faculties Grants Rescripts Delegacies Instruments or other Writings should be granted had and obtained from time to time within this his Realm and other his dominions and not elsewhere in manner and form following and not otherwise That is to say The Archbishop of Canterbury for the time being and his Successors should have power and authority from time to time by their discretions to give grant and dispose by an Instrument under the Seal of the said Archbishop unto the King and unto his Heirs and Successors Kings of this Realm as well all manner of such Licences Dispensations Compositions Faculties Grants Rescripts Delegacies Instruments and all other Writings for causes not being contrary or repugnant to the Holy Scriptures and Laws of God as theretofore had been used and accustomed to be had and obtained by the King or any his most noble Progenitors or any of his or their subjects from the See of Rome or any person or persons by authority of the same and all other Licences Dispensations Faculties Compositions Grants Rescripts Delegacies Instruments and other Writings in for and upon all such causes and matters as should be convenient and necessary to be had for the honour and surety of the King his Heirs and Successors and the wealth and profit of this his Realm so that the said Archbishop or any his Successors in no manner wise should grant any Dispensation Licence Rescript or any other Writing before rehearsed for any cause or matter repugnant to the Law of Almightie God as by the said Act also appeareth If it be demanded what Canons Constitutions Ordinances and Synodals provincial are still in force within this Realm I answer that it is resolved and enacted by Authority of Parliament That such as have been allowed by general consent and custome within the Realm and are not contrariant or repugnant to the Laws Statutes and Customes of this Realm nor are to the dammage or hurt of the King's Prerogative royal are still in force within this Realm as the King 's Ecclesiastical Laws of the same Now as consent and custome hath allowed those Canons so no doubt by general consent of the whole Realm any of the same may be corrected inlarged explained or abrogated For example There is a Decree that all Clerks that have received any manner of Orders greater or smaller should be exempt pro causis criminalibus before the Temporal Judges This Decree had never any force within England First for that it was never approved and allowed of by general consent within the Realm Secondly it was against the Laws of the Realm as it doth appear by infinite precedents Thirdly it was against the Prerogative and Sovereignty of the King that any subject within this Realm should not be subject to the Laws of this Realm In the Reign of Queen Elizabeth BY the said Act of Parliament whereupon the principal case then in question partly dependeth made in the first year of the Reign of Queen Elizabeth it is declared That where in the time of the Reign of King Henry the 8. divers good Laws and Statutes were made and established as well for the utter extinguishment and putting away of all usurped and forrein powers and authorities out of this Realm and other her dominions and countries as also for the restoring and uniting to the Imperial Crown of this Realm the ancient Jurisdiction Authorities Superiorities and Preheminences to the same of right belonging and appertaining by reason whereof her most humble subjects from the 25. year of the said King Henry the 8. were continually kept in good order and were disburthened of divers great and intolerable charges and vexations before that time unlawfully taken and exacted by such forrein power and authority as before that was usurped And to the intent that all usurped and forrein power and authority Spirituall and Temporal might for ever be clearly extinguished and never be used or obeyed within this Realm or any other her dominions or countries It was by the Authority of that Parliament enacted That no forrein Prince person Prelate State or Potentate Spiritual or Temporal should at any time after the last day of that Session of Parliament use enjoy or exercise any manner of Power Jurisdiction Superiority Authority Preheminence or Priviledge Spiritual or Ecclesiastical within this Realm or within any other the Queen's dominions or countries that then were or hereafter should be but from thenceforth the same should be clearly abolished out of this Realm and all other her dominions for ever any Statute
proved fully all the parts of the Indictment First it was proved by Lalor's own Confession upon severall Examinations taken before the Lord Deputie and Lord Chancellor and others that he had accepted the Office and title of Vicar-general in the Dioceses of Dublin Kildare and Fernes by virtue of the Pope's Bull. Secondly it appeared by the copies of sundry Letters found among his papers at his apprehension that he styled himself the Pope's Vicar in this form Robertus Dublinien Kildaren Fernen Dioeces Vicarius Apostolicus Thirdly there were produced the copies of divers Acts and Instruments written for the most part with Lalor's own hand some of Institutions of Popish Priests to Benefices others of Dispensations with Marriage within the degrees others of Divorces others of Dispensations for non-payment of Tithes Whereby it was manifestly proved that he did execute the Pope's Bull in usurping and exercising Episcopall jurisdiction as Vicar-generall of the See Apostolick within the Dioceses before named To this evidence he made a threefold answer First That he was no suiter for the office of Vicar-generall but it was imposed on him and he accepted virtute obedientiae onely to obey his Superiours Next That he did exercise the office of Vicar-generall in foro conscientiae tantum and not in foro judicii And lastly that those copies of Institutions Dispensations and Divorces were many of them written with his man's hand as precedents of such Acts and Instruments without his privity or direction Hereupon Sir James Ley Chief Justice told him that he could not well say that he accepted that unlawfull office virtute obedientiae for there was no vertue in that obedience That he ow'd an obedience to the Law and to the King who is the true Superiour and Sovereign over all his subjects and hath no Peer within his dominions and that the Superiours whom he meant and intended were but Usurpers upon the King's Jurisdiction and therefore this excuse did aggravate his contempt in that it appeared he had vowed obedience to those who were apparent enemies to the King and his Crown And though it were manifest that he exercised jurisdiction in foro judicii for every Institution is a Judgement and so is every Sentence of divorce yet were his offence nothing diminished if he had executed his office of Vicar-generall in foro conscientiae tantum for the court of man's conscience is the highest tribunall and wherein the power of the Keys is exercised in the highest degree Hereunto the Atturney generall took occasion to adde thus much That Lalor had committed these high offences not onely against the Law but against his own Conscience and that he was already condemned in foro conscientiae For that he upon his second Examination had voluntarily acknowledged himself not to be a lawfull Vicar-generall and that he thought in his conscience he could not lawfully take upon him the said office He hath also acknowledged our Sovereign Lord K. James to be his lawfull Chief and Supreme Governour in all causes as well Ecclesiasticall as Civile and that he is in conscience bound to obey him in all the said causes c. as it is contained in his Acknowledgement or Confession before set down Which being shewed forth by the Atturney generall the Court caused it to be publickly read and thereupon demanded of Lalor if that were not his free and voluntary confession signed with his own hand and confirmed by his oath before the Lord Deputie and Councill He was not a little abashed at the publishing of this Acknowledgement and Confession in the hearing of so many principal Gentlemen to whom he had preached a contrary doctrine therefore said he the shewing forth of this Confession is altogether impertinent and besides the matter Howsoever he could not deny but that he made it and signed it and swore it as it was testified by the Lord Deputie and the rest Then was it demanded of him whether since the making of this Confession he had not protestâ—â—o divers of his friends that he had not acknowledged the King's Supremacie in Ecclesiasticall causes His answer was That indeed he had said to some of his friends who visited him in the Castle of Dublin that he had not confessed or acknowledged that the King was his Supreme Governour in Spirituall causes for that the truth is in the Confession there is no mention made of Spirituall causes but of Ecclesiasticall This is a subtile evasion indeed said the Atturney generall I pray you what difference do you make between Ecclesiasticall causes and Spirituall causes This question said Lalor is sudden and unexpected at this time and therefore you shall doe well to take another day to dispute this point Nay said the Atturney generall we can never speak of it in a better time or fitter place and therefore though you that bear so reverend a title and hold the reputation of so great a Clerk require a farther time yet shall you hear that we Lay-men that serve his Majestie and by the dutie of our places are to maintain the Jurisdiction of the Crown are never so unprovided but that we can say somewhat touching the nature and difference of these Causes First then let us see when this distinction of Ecclesiasticall or Spirituall causes from Civile and Temporall causes did first begin in point of jurisdiction Assuredly for the space of three hundred years after Christ this distinction was not known or heard of in the Christian world For the causes of Testaments of Matrimony of Bastardy and Adultery and the rest which are called Ecclesiasticall or Spirituall câ—uses were meerly Civil and determined by the rules of the Civil Law and subject onely to the jurisdiction of the Civil Magistrate as all Civilians will testifie with me But after that the Emperours had received the Christian Faith out of a zeal and desire they had to grace and honour the learned and godly Bishops of that time they were pleased to single out certain speciall Causes wherein they granted jurisdiction unto the Bishops namely in causes of Tithes because they were paid to men of the Church in causes of Matrimony because Marriages were for the most part solemnized in the Church in causes Testamentary because Testaments were many times made in extremis when Church-men were present giving spiritual comfort to the Testator and therefore they were thought the fittest persons to take the probates of such Testaments Howbeit these Bishops did not proceed in these causes according to the Canons and Decrees of the Church for the Canon Law was not then hatched or dream'd of but according to the rules of the Imperiall Law as the Civil Magistrate did proceed in other causes neither did the Emperours in giving this Jurisdiction unto them give away their own Supreme and absolute power to correct and punish these Judges as well as others if they performed not their severall duties This then is most certain that the primitive Jurisdiction in all these causes was
such Bulls so purchased or any such Balls to be purchased in time to come upon the pain of a Premunire as by the said Act appeareth In the Reign of King Henry the Fifth IN an Act of Parliament made in the third year of King H. 5. it is declared That whereas in the time of King H. 4. Father to the said King in the 7. year of his Reign to eschew many discords and debates and divers other mischiefs which were likely to arise and happen because of many Provisions then made or to be made by the Pope and also of Licence thereupon granted by the said late King amongst other things it was ordained and established That no such Licence or Pardon so granted before the same Ordinance or afterwards to be granted should be available to any Benefice full of any Incumbent at the day of the date of such Licence or Pardon granted Nevertheless divers persons having Provisions of the Pope of divers Benefices in England and elsewhere and Licences Royall to execute the same Provisions have by colour of the same Provisions Licences and Acceptations of the said Benefices subtilly excluded divers persons of their Benefices in which they had been Incumbents by a long season of the collation of the very Patrons Spiritual to them duely made to their intent to the final destruction and enervation of the states of the same Incumbents The King willing to void such mischiefs hath ordained and established That all the Incumbents of every Benefice of Holy Church of the Patronage Collation or Presentation of Spirituall Patrons might quietly and peaceably enjoy their said Benefices without being inquieted molested or any ways grieved by any colour of such Provisions Licences abd Acceptations And that all the Licences and Pardons upon and by such Provisions made in any manner should be void and of no value And if any feel himself grieved molested or inquieted in any wise from thenceforth by any by colour of such Provisions Licences Pardons or Acceptations that the same molestors grievors or inquietors and every of them have and incurre the pains and punishments contained in the Statutes of Provisors before that time made as by the said Act appeareth A Statute was made for extirpation of Heresie and Lollardry whereby full power and authority was given to the Justices of Peace and Justices of Assise to inquire of those that hold Errours Heresies or Lollardry and of their maintainers c. And that the Sheriffe or other Officer c. may arrest and apprehend them The King by consent of Parliament giveth power to Ordinaries to enquire of the foundation erection and governance of Hospitals other then such as be of the King's foundation and thereupon to make correction and reformation according to the Ecclesiasticall Law In the Reign of King Henry the Sixth EXcommunication made and certified by the Pope is of no force to disable any man within England And this is by the ancient Common Laws before any Statute was made concerning forrein Jurisdiction The King onely may grant or licence to found a Spiritual Incorporation In the Reign of King Henry the 6. the Pope writ Letters in derogation of the King and his Regalty and the Church-men durst not speak against them But Humfrey Duke of Gloucester for their safe keeping put them into the fire In the Reign of King Edward the Fourth IN the Reign of King Edward the Fourth the Pope granted to the Prior of Saint Johns to have Sanctuary within his Priory and this was pleaded and claimed by the Prior But it was resolved by the Judges that the Pope had no power to grant any Sanctuary within this Realm and therefore by judgement of the Law the same was disallowed There it appeareth that the opinion of the King's Bench had been oftentimes that if one Spiritual person sue another Spiritual man in the Court of Rome for a matter spiritual where he might have remedy before his Ordinary that is the Bishop of that Diocese within the Realm quia trahit ipsum in placitum extra regnum incurreth the danger of a Premunire a hainous offence it being contra legiantiae suae debitum in contemptum Domini Regis contra Coronam dignitatem suas By which it appeareth how grievous an offence it was against the King his Crown and Dignity if any subject although both the persons and cause were Spirituall did seek for justice out of the Realm as though either there wanted Jurisdiction or Justice was not executed in the Ecclesiastical Courts within the same which as it hath been said was an high offence contra Regem Coronam dignitatem suas In the King's Courts of Record where Felonies are determined the Bishop or his Deputy ought to give his attendance to the end that if any that is indicted and arraigned for Felony do demand the benefit of his Clergy that the Ordinary may inform the Court of his sufficiency or insufficiency that is whether he can reade as a Clerk or not whereof notwithstanding the Ordinary is not to judge but is a minister to the King's Court and the Judges of that Court are to judge of the sufficiency or insufficiency of the party whatsoever the Ordinary doth inform them and upon due examination of the party may give judgement against the Ordinarie's information for the King's Judges are Judges of the cause The Pope's Excommunication is of no force within the Realm of England In the Reign of King Edward the Fourth a Legate from the Pope came to Calice to have come into England but the King and his Council would not suffer him to come within England until he had taken an oath that he should attempt nothing against the King or his Crown and so the like was done in his Reign to another of the Pope's Legates And this is so reported in 1 Henrici 7. fol. 10. In the Reign of King Richard the Third IT is resolved by the Judges That a Judgement or Excommunication in the Court of Rome should not bind or prejudice any man within England at the Common Law In the Reign of King Henry the Seventh IN the Reign of King Henry the 7. the Pope had excommunicated all such persons whatsoever as had bought Allum of the Florentines And it was resolved by all the Judges of England that the Pope's Excommunication ought not to be obeyed or to be put in execution within the Realm of England In a Parliament holden in the first year of King Henry the Seventh for the more sure and likely reformation of Priests Clerks and Religious men culpable or by their demerits openly noised of incontinent living in their bodies contrary to their Order it was enacted ordained and established by the advice and assent of the Lords Spiritual and Temporal and the Commons in the said Parliament assembled and by authority of the same That it be lawful to all Archbishops and Bishops