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kingdom_n	grace_n	king_n	lord_n	2,963	5	3.6667	3	true

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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

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

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

as any other in Christendome his subjects should be judged by them in Ecclesiasticall matters and should not need to run out of their own country to beg Justice at the hands of strangers But what followed upon this The Pope after a sharp reply sendeth forth a Bull of Malediction against the King and of Interdiction against the Realm whereby all the Churches in England were shut up the Priests and Religious persons were forbidden to use any Liturgies or Divine service to marry to bury or to perform any Christian duty among the people This put the King into such a rage that he on the other part seized the Temporalties of all Bishops and Abbots and confiscated the goods of all the Clergie Then doth the Pope by a solemn sentence at Rome depose the King and by a Bull sent into England dischargeth his subjects of their allegeance and by a Legate sent to the King of France gave the Kingdome of England to him and his successours for ever These things brought such confusion and miserie to all estates and degrees of people in England as the King became odious to all his subjects as well to the Laietie as to the Clergie For as the Bishops and religious people cursed him abroad so the Barons took arms against him at home till with much bloudshed they forced him by granting the Great Charter to restore King Edward's Laws containing the ancient Liberties of the subjects of England The Pope being a spectator of this Tragedy and seeing the King in so weak and desperate estate sent a Legate to comfort him and to make a reasonable motion unto him to wit that he should surrender and give up his Crown and Kingdome to the Pope which should be re-granted unto him again to hold in Fee-farm and Vassalage of the Church of Rome And that thereupon the Pope would blesse him and his Realm again and curse his rebells and enemies in such sort as he should be better establisht in his Kingdome then he was before In a word this motion was presently embraced by that miserable King so as with his own hands he gave up the Crown to the Pope's Legat and by an Instrument or Charter sealed with a Bull or Seal of gold he granted to God and the Church of Rome the Apostles Peter and Paul and to Pope Innocent the third and his successours the whole Kingdome of England and the whole Kingdome of Ireland and took back an estate thereof by an Instrument sealed with Lead yielding yearly to the Church of Rome over and above the Peter-pence a thousand marks sterling viz. seven hundred marks for England and three hundred marks for Ireland with a flattering saving of all his Liberties and Royalties The Pope had no sooner gotten this conveiance though it were void in law but he excommunicateth the Barons and repeals the Great Charter affirming that it contained liberties too great for his subjects calls the King his Vassall and these Kingdomes Saint Peter's Patrimony grants a general Bull of Provision for the bestowing of all Ecclesiasticall Benefices and takes upon him to be absolute and immediate Lord of all And thus under colour of exercising Jurisdiction within these Kingdomes the Pope by degrees got the very Kingdomes themselves And so would he doe at this day if the King would give way to his Jurisdiction But what use did the Pope make of this grant and surrender of the Crown unto him what did he gain by it if our Kings retained the profits of their Kingdomes to their own use Indeed we do not find that the Fee-farm of a thousand marks was ever pay'd but that it is all run in arrear till this present day For the troth is the Court of Rome did scorn to accept so poor a revenue as a thousand marks per annum out of two Kingdomes But after the death of King John during all the reign of Hen. 3. his son the Pope did not claim a Seignioury or a Rent out of England and Ireland but did endeavour to convert all the profits of both Lands to his own use as if he had been seized of all in demesne For whosoever will reade Matth. Paris his story of the time of King Hen. 3. will say these things spoken of before were but the beginnings of evils For the exactions and oppressions of the Court of Rome were so continuall and intolerable as that poor Monk who lived in those times though otherwise he adored the Pope doth call England Baalam's Asse loaden beaten and enforced to speak doth call the Court of Rome Charybdis and barathrum avaritiae the Pope's Collectors Harpyes and the Pope himself a Stepfather and the Church of Rome a Stepmother He sheweth that two third parts of the Land being then in the hands of Church-men the entire profits thereof were exported to enrich the Pope and the Court of Rome which was done for the most part by these two ways and means First by conferring the best Ecclesiasticall Benefices upon Italians and other Strangers resident in that Court whose farmers and factors in England took the profits turned them into money and returned the money to Rome Secondly by imposing continuall taxes and tallages worse then Irish cuttings being sometimes the tenth sometimes the fifteenth sometimes the third sometimes the moietie of all the goods both of the Clergie and Laietie under colour of maintaining the Pope's holy wars against the Emperour and the Greek Church who were then said to be in rebellion against their Lady and mistresse the Church of Rome Besides for the speedy levying and safe return of these moneys the Pope had his Lombards and other Italian Bankers and Usurers resident in London and other parts of the Realm who offered to lend and disburse the moneys taxed and return the same by exchange to Rome taking such penal Bands the form whereof is set down in Matth. Paris and such excessive Usury as the poor Religious houses ware fain to sell their Chalices and Copes and the rest of the Clergie and Laiety had their backs bowed and their estates broken under the burthen Besides the Pope took for perquisites and casualties the goods of all Clerks that died intestate the goods of all Usurers and all goods given to charitable uses Moreover he had a swarm of Friers the first corrupters of Religion in England who perswaded the Nobility and Gentrie to put on the sign of the Crosse and to vow themselves to the Holy wars which they had no sooner done but they were again perswaded to receive dispensations of their vows and to give mony for the same to the Church of Rome I omit divers other policies then used by the Pope's Collectors to exhaust the wealth of the Realm which they affirmed they might take with as good a conscience as the Hebrews took the Jewells of the Egyptians Briefly whereas the King had scarce means to maintain his Royall family they received out of England seventy thousand pounds sterling at least yearly

which amounteth to two hundred and ten thousand pounds sterling of the moneys currant at this day Besides they exported six thousand marks out of Ireland at one time which the Emperour Frederick intercepted Lastly the King himself was so much dejected as at a Royal Feast be placed the Pope's Legate in his own Chair of State himself sitting on his right hand and the Bishop of York on his left non sine multorum obliquantibus oculis saith Matth. Paris Thus we see the effect of the Pope's pretended Jurisdiction within the dominions of the King of England We see to what calamity and servitude it then reduced both the Prince and people Was it not therefore high time to meet and oppose those inconveniences Assuredly if King Edw. 1. who was the Son and heir of Hen. 3. had inherited the weakness of his Father and had not resisted this Usurpation and insolencie of the Court of Rome the Pope had been proprietor of both these Ilands and there had been no King of England at this day But King Edward 1. may well be styled vindex Anglicae libertatis the Moses that delivered his people from slavery and oppression and as he was a brave and victorious Prince so was he the best Pater patriae that ever reigned in England since the Norman Conquest till the Coronation of our gracious Sovereign At the time of the death of his father he was absent in the war of the Holy land being a principal Commander of the Christian Armie there so as he returned not before the second year of his reign But he was no sooner returned and crowned but the first work he did was to shake off the yoke of the Bishop of Rome For the Pope having then summoned a generall Council before he would licence his Bishops to repair unto it he took of them a solemn oath that they should not receive the Pope's blessing Again the Pope forbids the King to war against Scotland the King regards not his prohibition he demands the First-fruits of Ecclesiasticall Livings the King forbids the payment thereof unto him The Pope sendeth forth a general Bull prohibiting the Clergie to pay subsidies or tributes to Temporal Princes A Tenth was granted to the King in Parliament the Clergie refused to pay it the King seizeth their Temporalties for their contempt and got payment notwithstanding the Pope's Bull. After this he made the Statute of Mortmain whereby he brake the Pope's chief net which within an Age or two more would have drawn to the Church all the temporall possessions of the Kingdome c. Again one of the King's subjects brought a Bull of Excommunication against another the King commandeth he should be executed as a traitour according to the ancient Law But because that Law had not of long time been put in execution the Chancellour and Treasurer kneeled before the King and obtained grace for him so as he was onely banished out of the Realm And as he judged it treason to bring in Bulls of Excommunication so he held it a high contempt against the Crown to bring in Bulls of Provision or Briefs of Citation and accordingly the Law was so declared in Parliament 25 Edw. 1. which was the first Statute made against Provisors the execution of which Law during the life of King Edw. 1. did well-nigh abolish the usurped Jurisdiction of the Court of Rome and did revive and restore again the ancient and absolute Sovereignty of the King and Crown of England His Successour K. Edw. 2. being but a weak Prince the Pope attempted to usurp upon him again but the Peers and people withstood his Usurpation And when that unhappy King was to be deposed amongst many Articles framed against him by his enemies this was one of the most hainous that he had given allowance to the Bope's Bulls Again during the minority of King Edw. 3. and after that in the heat of the wars in France the Pope sent many Briefs and Bulls into England and at last presumed so far as that he gave an Italian the title of a Cardinall in England and withall by his Bull gave him power to bestow all Ecclesiasticall promotions as they should fall void from time to time This moved the King and the Nobility to write to the Pope to this effect We and our ancestours have richly endowed the Church of England and have founded Abbeys and other Religious houses for the jurisdiction of our people for maintenance of hospitalitie and for the advancement of our countrymen and kinsmen Now you provide and place strangers in our Benefices that come not to keep residence thereupon and if they come understand not our language and some of them are subjects to our mortal enemies by reason whereof our people are not instructed hospitalitie is not kept our Scholars are unpreferred and the Treasure of the Realm is exported The Pope returneth answer That the Emperour had lately submitted himself to the Church of Rome in all points and was become the Pope's great friend and in menacing manner advised the King of England to doe the like The King replies That if the Emperour and French King both should take his part he was ready to give battell to both in defence of the liberties of his Crown Hereupon the severall Statutes against Provisors before recited were put in execution so severely as the King and his subjects enjoyed their right of patronage clearly and their exemption of Clerks took no place at all for that the Abbot of Waltham and Bishop of Winchester were both attainted of high contempts and the Bishop of Ely of a capital offence as appeareth in the Records of this King's reign Yet during the nonage of Richard 2. they began once again to encroach upon the Crown by sending Legates and Bulls and Briefs into England whereof the people were so sensible and impatient as that at their special prayer this Law of 16 Rich. 2. whereupon our Indictment is framed was enacted being more sharp and penall then all the former Statutes against Provisors And yet against this King as against Edw. 2. it was objected at the time of his Deprivation that he had allowed the Pope's Bulls to the enthralling of the Crown After this in the weak time of King Hen. 6. they made one attempt more to revive their usurped Jurisdiction by this policy The Commons had denied the King a Subsidy when he stood in great want of moneys The Archbishop of Canterbury and the rest of the Bishops offered the King a large supply of his wants if he would consent that all the Laws against Provisors and specially this Law of 16 Rich. 2. might be repealed But Humphrey Duke of Gloucester who had lately before cast the Pope's Bull into the fire did likewise cause this motion to be rejected So as by special providence these Laws have stood in force even till this day in both these Kingdomes Then the Atturney generall descended to the evidence whereby he

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 protest●●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 c●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