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

ENGLAND'S INDEPENDENCY Upon the Papal Power Historically and Judicially Stated By Sr. JOHN DAVIS Attorney Generall in Ireland And by Sr. EDWARD COKE Lord Chief Justice in England In Two REPORTS Selected from their greater Volumes For the Convincing of our English Romanists and Confirming of those who are yet unperverted to the Court or Church of ROME With a Preface written by Sir JOHN PETTUS Knight LONDON Printed by E. Flesher I. Streater and H. Twyford Assigns of Richard Atkins and Edward Atkins Esquires And are to be sold by severall Book-sellers in Fleetstreet and Holborn MDCLXXIV To the Right Honourable JAMES Earle of SUFFOLK Lord Lieutenant of that County c. MY LORD I Have the honour of being one of your Deputies in the County of Suffolk which I hope will admit me to the freedome of placing your Lordship in the Front of Two Reports cull'd out from the many other Reports of two as Learned persons in our Laws as that Age did afford I have perswaded the Stationer to reprint them as fit at this time to be generally perus'd For Sr. John Davis in his Report of Lalor's Case gives an Historicall Account of the Pope's Invasions upon us from Edward the Confessor's time in matters Civil and the Lord Chief Justice Coke gives also a full and clear Account of the Pope's Intrusions upon us in matters Ecclesiasticall Neither of them do meddle with the Cavills of Religion between us and the Papal Power but what concerns their State and ours and that deduced from Antiquity how we ought to pay our single Obedience both to Church and State as our Predecessors have done or endeavour'd to doe for many Ages to their respective Kings And though there have been many Invasions or Intrusions upon us by the Power and Policy of the Pope and his Agents yet we were alwaies struggling to get out Sometimes we mastered them and sometimes we were mastered by them according to the Resolution or Weakness of those our former Kings who were to maintain their inherent Interests And however some Papal Pretences seem to be yet we may clearly see when they got the upper hand what Subjection they intended to impose upon us as they did on King John and they nick'd the time when he was imbroyl'd and even totally immerged in the Distempers of his untruly Subjects and inraged Forreiners and then by the opportunity of those Factions and Forreiners they did subjugate this Kingdome to his Principality in Italy and made it its Vassall more then ever any Emperour of Rome did pretend to or could accomplish And though after King John there were various Contests by our successive Kings yet none did so effectually rout the Papal Interest here as Henry the VIII for which the Romanists do rip up all his Vices to make him as odious to the world as possible and among other things they affirm that He was the man that rebell'd from their Church Whenas their Historie and ours tell us and them that he lived and died a Roman Catholick And they farther say that it was He that brought in our Religion which they now call Heresie and is but a Reformation of theirs and even that Reformation was begun and prosecuted though but in parcells by former Ages but not establisht till Henry the VIII had first broke their Civil Interest here and then it went on with ease by King Henry's Successours But by their Railings on Henry the VIII Luther Calvin and I know not whom whose Doctrines we do not altogether follow the Papal Agents do most wonderfully deceive the unfixt and wavering minds of men who do not know the true Foundation of our Church and State here in England clearly and through all Antiquity independent upon any Church or State but its own or on any person but the Monarch thereof as is most fully set forth in these excellent Reports wherein your Lordship and others by an hour 's reading may see what is our Right and how it hath been maintain'd and lost and regain'd by that most resolute Prince then owning the whole Body of the Papal Doctrine but not the Pope's Superiority or power to establish any thing in these Kingdomes It is true this Prince had Discontents and was crost in his Designs which it may be did either provoke him or upon this it is likely he did take occasion to pick a quarrel that he might the more speciously accomplish what his Predecessours could not effect However God doth often produce good Events by such as we call evill Mediums as the Beams of the Sun make their way through Darknesse and Vapours which now again begin to spread over our heads like thick Clouds contracted by long Exhalations ready to break and send forth Lightning Thunder and Storms upon this Nation And thus I apprehend their contraction When Henry the VIII had thus restor'd us to our Liberties and ancient Rights and disbanded the Papall Power and Interest here it was time for the Pope to contrive some other Stratagems and therefore what he could not doe by the power of Bulls c. he tries to effect by a long and continued Art And first he infuseth into his Catholick King of Spain how fit a person he was to be Universal Monarch of Christendome which the King of Spain's Ambition readilie embraced the whole Design whereof may be read in Campanella the Jesuite in his Discourse of the Spanish Monarchy About the same time the Pope also inveigles his most Christian King Henry the IV. of France telling him also how fit a person he was to be Universal Moderator of Christendome which Bait this King's Ambition did also readily embrace the whole Modell and Platform where●f is also set down by the Bishop of Rhodes in his History of the said Henry the IV. And in all this time while both these Kings were driving on these Designs it is observable by the Confession of those Historians that neither of them were privy to each other's Intentions the business was so cunningly managed by the Pope whose great Art it was to keep their Designs secret and put both their Wheels in motion at once yet to keep his Spoak in that Wheel which turned most to his advantage In both these cited Books of Rhodes and Campanella your Lordship will find that their chief aims and directions were to weaken the English and therein they say in these words That there was no better way then by causing Divisions and Dissensions among the English and by continuall keeping up the same and that as for their Religion it could not be easily rooted out unless there were some certain Schools erected in Flanders c. by the Scholars whereof there should be scattered abroad the seeds for Divisions in the Natural and Theologicall Sciences which would distract and discompose their opinions and judgments and that the English being of a nature still desirous of Novelties and Changes are easily wrought over to any thing Now that this hath been put in practice

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