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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	authority_n	peace_n	power_n	2,673	5	4.5185	4	false

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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

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

and other Ordinaries having Episcopal Jurisdiction to punish and chastise Priests Clerks and Religious men being within the bounds of their Jurisdiction as shall be convicted afore them by examination and lawfull proof requisite by the law of the Church of Advoutrie Fornication Incest or any other fleshly Incontinency by committing them to ward and prison there to abide for such time as shall be thought to their discretions convenient for the quality and quantity of their trespass And that none of the said Archbishops Bishops or Ordinaries aforesaid be thereof chargeable of to or upon any action of false or wrongfull imprisonment but that they be utterly thereof discharged in any of the cases aforesaid by virtue of this Act. Rex est persona mixta because he hath both Ecclesiastical and Temporal Jurisdiction By the Ecclesiastical Laws allowed within this Realm a Priest cannot have two Benefices nor can a Bastard be a Priest but the King may by his Ecclesiasticall power and Jurisdiction dispense with both of these because they be mala prohibita and not mala per se In the Reign of King Henry the Eighth BY an Act of Parliament made in the 24. year of King Henry the 8. that is to say by the King 24 Bishops 29 Abbots and Priors for so many were then Lords of Parliament by all the Lords Temporal and the Commons in that Parliament assembled it is declared That where by divers sundry old authentick Histories and Chronicles it was manifestly declared and expressed that this Realm of England is an Empire and so hath been accepted in the world governed by one Supreme Head and King having the Dignity and Royal estate of the Imperial Crown of the same unto whom a Body politick compact of all sorts and degrees of people divided in terms and by names of Spiritualty and Temporalty been bound and ought to bear next to God a natural and humble obedience he being also institute and furnished by the goodness and furtherance of Almighty God with plenary whole and entire Power Preheminence Authority Prerogative and Jurisdiction to render and yield Justice and final determination to all manner of folk resiants or subjects within this his Realm in all causes matters debates and contentions happening to occur insurge or begin within the limits thereof without restraint or provocation to any forrein Princes or Potentates of the world The Body Spiritual whereof having power when any cause of the Law Divine happened to come in question or of Spiritual learning that it was declared interpreted and shewed by that part of the said Body politick called the Spiritualty then being usually called the English Church which alwaies had been reputed and also found of that sort that both for knowledge integrity and sufficiency of number it had been always thought and was also at that hour sufficient and meet of it self without the intermeddling of any exteriour person or persons to declare and determine all such doubts and to administer all such offices and duties as to the rank spiritual did appertain For the due administration whereof and to keep them from corruption and sinister affection the King 's most noble Progenitors and the antecessors of the Nobles of this Realm did sufficiently indow the said Church both with honour and possessions And the Laws Temporal for trial of property of lands and goods and for the conservation of the people of this Realm in unity and peace without ravine or spoil was administred adjudged and executed by sundry Judges and Ministers of the other part of the said Body politick called the Temporaltie And both their Authorities and Jurisdictions did conjoyn together in the due administration of Justice the one to help the other And whereas the King his most noble Progenitors and the Nobility and Commons of the said Realm at divers and sundry Parliaments as well in the time King Edward the 1. Edward the 3. Richard the 2. Henry the 4. and other noble Kings of this Realm made sundry Ordinances Laws Statutes and Provisions for the entire and sure conservation of the Prerogatives Liberties and Preheminences of the said Imperial Crown of this Realm and of the Jurisdiction Spiritual and Temporal of the same to keep it from the annoiance as well of the See of Rome as from the authority of other forrein Potentates attempting the diminution or violation thereof as often and from time to time as any such annoiance or attempt might be known or espied And notwithstanding the said good Statutes and Ordinances made in the time of the King 's most noble Progenitors in preservation of the Authority and Prerogative of the said Imperiall Crown as is aforesaid yet nevertheless fithence the making of the said good Statutes and Ordinances divers and sundry inconveniences and dangers not provided for plainly by the said former Acts Statutes and Ordinances have risen and sprung by reason of Appeals sued out of this Realm to the See of Rome in causes Testamentary causes of Matrimony and Divorces right of Tithes Oblations and Obventions not onely to the great inquietation vexation trouble costs and charges of the King's Highness and many of his subjects and resiants in this his Realm but also to the great delay and lett to the true and speedy determination of the said causes forasmuch as the parties appealing to the said Court of Rome most commonly did the same for delay of Justice and forasmuch as the great distance of way was so far out of this Realm that neither the necessary proofs nor the true knowledge of the cause could be so well known or the witnesses there so well examined as within this Realm so that the parties grieved by means of the said Appeals were most times without remedy In consideration thereof the King his Nobles and Commons considering the great enormities dammages long delaies and hurts that as well to his Highness as to his said Noble subjects Commons and resiants of this his Realm in the said causes Testamentary causes of Matrimony and Divorces Tithes Oblations and Obventions did daily ensue did therefore by his Royall assent and by the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by Authority of the same enact establish and ordain That all causes Testamentary causes of Matrimony and Divorces rights of Tithes Oblations and Obventions the knowledge whereof by the goodness of Princes of this Realm and by the Laws and Customes of the same appertained to the Spiritual Jurisdiction of this Realm then already commenced moved depending being happening or hereafter coming in contention debate or question within this Realm or within any of the King's dominions or Marches of the same or elsewhere whether they concern the King his Heirs or Successors or any other subjects or resiants within this Realm of what degree soever they be should be from thenceforth heard examined discussed clearly finally and definitively adjudged and determined within the King's Jurisdiction and

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

Subjects to live that perswaded his Subjects that he was no lawfull King and practised with them within the heart of this Realm to withdraw them from their Allegeance and Loyalty to their Sovereign the same being crimen laesae Majestatis by the ancient Laws of this Realm BY this and by all the Records of the Indictments it appeareth that these Jesuites and Priests are not condemned and executed for their Priesthood and Profession but for their treasonable and damnable Perswasions and Practices against the Crowns and Dignities of Monarchs and absolute Princes who hold their Kingdoms and Dominions by lawful Succession and by inherent Birth-right and descent of inheritance according to the fundamental Laws of this Realm immediately of Almighty God and are not Tenants of their Kingdomes as they would have it at the will and pleasure of any forrein Potentate whatsoever Now albeit the proceedings and process in the Ecclesiastical Courts be in the name of the Bishops c. it followeth not therefore that either the Court is not the King 's or the Law whereby they proceed is not the King's Law For taking one example for many every Leet or View of Frank-pledge holden by a Subject is kept in the Lord's name and yet it is the King's Court and all the proceedings therein are directed by the King's Laws and many subjects in England have and hold Courts of Record and other Courts and yet all their proceedings be according to the King's Laws and the Customes of the Realm Observe good Reader seeing that the determination of Heresies Schisms and Errours in Religion Ordering Examination Admission Institution and Deprivation of men of the Church which do concern God's true Religion and Service of right of Matrimony Divorces and general Bastardy whereupon depend the strength of mens Discents and Inheritances of probate of Testaments and letters of Administration without which no debt or dutie due to any dead man can be recovered by the Common Law Mortuaries Pensions Procurations Reparations of Churches Simony Incest Adultery Fornication and Incontinency and some others doth not belong to the Common Law how necessary it was for administration of Justice that his Majestie 's Progenitors Kings of this Realm did by publick authority authorize Ecclesiasticall Courts under them to determine those great and important Causes Ecclesiastical exempted from the Jurisdiction of the Common Law by the King's Laws Ecclesiastical Which was done originally for two causes 1. That Justice should be administred under the Kings of this Realm within their own Kingdome to all their Subjects and in all Causes 2. That the Kings of England should be furnished upon all occasions either forrein or domestical with learned Professors as well of the Ecclesiasticall as Temporall Laws THus hath it appeared as well by the ancient Common Laws of this Realm by the Resolutions and Judgements of the Judges and Sages of the Laws of England in all succession of ages as by Authority of many Acts of Parliament ancient and of latter times That the Kingdome of England is an absolute Monarchy and that the King is the onely Supreme Governour as well over Ecclesiasticall persons and in Ecclesiastical causes as Temporal within this Realm to the due observation of which Laws both the King and the Subject are sworn I have herein cited the very words and texts of the Laws Resolutions Judgements and Acts of Parliament all publick and in print without any inference argument or amplification and have particularly quoted the books years leaves chapters and such like certain references as every man may at his pleasure see and reade the Authorities herein cited This Case is reported in the English and Latine tongues as some other Writers of the Law have done to the end that my dear Countrymen may be acquainted with the Laws of this Realm their own Birth-right and inheritance and with such evidences as of right belong to the same assuring my self that no wise or true-hearted English-man that hath been perswaded before he was instructed will refuse to be instructed in the truth which he may see with his own eyes lest he should be disswaded from errour wherewith blindfold he hath been deceived For miserable is his case and worthy of pity that hath been perswaded before he was instructed and now will refuse to be instructed because he will not be perswaded FINIS Of what quality and credit Robert Lalor was His apprehension and first examination His first inditement and conviction His second examination His confession or acknowledgement The Inditement of Lalor upon the stat of 16 Ric. 2. The true cause of making the Statute of 16 R. 2. and other Statutes against Provisors The Statute of Praemunire made at the prayer of the Commons The effect of the Statute of 16 R. 2. c. 5. The effect of the Statute of 38 Edw. 3. cap. 1. The Statute of 27 Ed. 3. cap. 1. The Statute of 25 Edw. 3. reciting the Statute of 25 Ed. 1. These Laws made by such as did professe the Romish Religion Laws against Provisors made in Ireland When the Pope began first to usurp upon the liberties of the Cr●wn of England A comparison of the spiritual Monarchy of the Church with the temporal Monarchies of the world The Pope had no jurisdiction in England in the time of the Britans The first usurpation of the Pope upon the Crown began in the time of King William the Conquerour By sending Legates into England In the time of William Rufus the Pope attempted to draw Appeals to Rome but prevailed not In the time of K. Henry the first the Pope usurpeth the donation of Bishoprikks c. Histor Jornalensis M S. in Archiv Rob. Cotton Eq. Aur. In the time of King Stephen the Pope gained Appeals to the Court of Rome In the time of K. Henry 2. the Pope claimed exemption of Clerks from the Secular power A brief of Th. Becket's troubles or rather treasons The Constitutions of Claringdon Four points of jurisdiction usurped upon the crown of England by the Pope before the reign of K. John The cause of the quarrell between K. John and the Pope When Canonical election began first in England King John's round and Kingly Letter to the Pope The Pope curseth the King and interdicteth the Realm King Edw. 1. opp●seth the Pope's Vsurpation E. 2. suffereth the Pope to usurp again E. 3. resisteth the Vsurpation of the Pope King Rich. 2. The Evidence against Lalor Lalor's Confession publickly read When the distinction of Ecclesiasticall Spirituall causes from Civil and Temporal causes began in the world Caudrey's Case The objections of the Counsell of the Plaintif 1. 2. 3. 4. The resolutions of the Court to the 1. and 2. To the 3. To the 4. What causes belong to the Ecclesiasticall Court. see Circumspectè agatis 13 E. 1. W. 2. 13 E. 1. cap. 5. versus finem Artic. cleri 9 E. 2. 15 E. 3. c. 6.31 E. 3. cap. 11.2 H. 5. c. 7.1 H. 7. cap. 4.23 H. 8. cap.