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
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
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
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 Crâ—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. oppâ—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.
I think is obvious to every man and as clear that whilst all Christendom are in Arms and Confusions onely the Pope sits quiet and smiles to see what work he makes among us resolving if not prevented to tire every man out of his Religion that shall withdraw not onely a total but even the least part of Obedience to his Chair And thus many poor souls are captivated especially those of our Nation for whom this is intended some being perswaded to acknowledge the Doctrines of the Church of Rome but not the Power of the Court of Rome and when they are plausibly got into the first they do not consider how insensibly and inevitably they are ensnar'd into the other For certainly the distinction of the Church and Court of Rome is so ridiculous that it is a mere Irap for weak unknowing and unresolved persons for surely the Pope will never be perswaded to resign his Temporalties to those Princes from whom his Predecessors usurpt them to take upon him meerly the duty of the Church So that when one of them perswades you to turn to the Church of Rome it is but to make you to turn or be subject to the Court of Rome and its Cardinalls who are but a Combination of Temporall Princes and to all its temporall Impositions to maintain such Princes under the title of the Pope and shrowded under the Canopy of Ecclesiasticks and Piety The truth is the Questions about Religion are purposely rais'd and infus'd to intoxicate other mens brains for the Court of Rome do but laugh at the things call'd Merit Idolatry Supererogation c. whilst many of their zealous Agents here I perswade my self out of pure Piety are ready to die upon the spot in the defence of those Tenents whereas poor souls they might see if they would that that Court is onely to imploy them under the shrowds of Piety to bring in Grist to the Mill by money and usurping other mens territories so as the ancient and important question why we should not give unto the King the things that are the King 's is quite laid aside and the question is almost now why we should not give to the Pope the things that are the King 's and subjugate this Kingdome to their Principalities And thus by deceiving even their own Agents with a pretence of driving on Piety which is onely Sovereignty even many of the Papists themselves are innocently betray'd and so are become betrayers of others But to return to the Historicall part After Henry the VIII had cast off the Dominion of the Papal Court Edward the VI. succeeded in whose Minority his Councell were so wise though many of them of the Roman Church that the resolution of Henry the VIII was re-assum'd in casting off the Pope's Power and a Foundation laid for establishing a Church here by a Form of Discipline and Doctrine free from the Power and Errours of the Papal Court and Church and though some Interruption was given by Queen Mary yet what was wanting by King Edward's short Reign was compleated by Queen Elizabeth who in her very first year by the full Consent of the Lords and Commons in Parliament by example of many of her Predecessors did enact That no forrein Potentate or person should exercise any power within any of her Dominions and all Ecclesiasticall Jurisdiction should be annext to the Crown And in the 5. year of her Reign in particular it was enacted That whoever shall acknowledge any Jurisdiction of the Bishop or See of Rome within any of her Dominions should be guilty of a Praemunire they and their accessaries And that the Principles of the Doctrine and Discipline of our Reformed Church might the better be known the frame of it made in Edward the VI. his time was confirmed with some few alterations and 39 Articles established as a Foundation and Standard of our Doctrine and Discipline distinct from that of the Court as also reformed from that of the Church of Rome But since her time even to this whilst we have thought our selves secure from the Papal Authority their Religion hath slily crept in and incroacht among us and besides their many known ways they have a particular art of incouraging and fomenting all publick and private Differences and Discontents pursuant to their secret Instructions for the advancement of the Papal Dominion Now as it is impossible for the art of Physick to reduce the 4 Humors of a man's Body into one so no arts of Policy can reduce the temper of men into one Persuasion of Religion So that herein the wisdom of our Counsellors is discerned in contriving that their number may not come near the balance of the staple or establisht interest of this Kingdom both as to Church and State wherein we are to shew our selves like our predecessors true English-men and not to Italianate our selves to the Dependency of any other State And that this may be the more charitably perform'd they may be distinguisht into Actives and Passives By Actives I mean such as make it their whole business to pervert and captivate our Subjects to be subject to the Pope under the notion of Religion and by Passives I mean such as live innocently among us and there is lesse caution and strictness requisite to those who are passive in respect barely of their Religion then to those who are active in promoting it And therefore many ancient Laws have been made long before Henry the VIII entituled Statutes of Praemunire which word in English is to fortify a place before enemies come or to provide against any onset by them And all those Laws are intended against the Pope's Spirituall or Temporall Invasions upon us and those Laws do impose Penalties on such as shall any ways endeavour to assist him in such Invasions so that being forewarn'd as some would have the word from praemonere we may the better be fore-armed for prevention of all their future attempts upon us which is heartily wisht by MY LORD February 18.1673 4. Your Lordship 's most humble Servant John Pettus Hill 4. Jacobi The Case of Praemunire OR The Conviction and Attainder of Robert Lalor Priest being endited upon the Statute of 16. Rich. 2. cap. 5. THIS Robert Lalor being a Native of this Kingdome received his Orders of Priesthood above thirty years since at the hands of one Richard Brady to whom the Pope had given the title of Bishop of Kilmore in Vlster and for the space of twenty years together his authority and credit was not mean within the Province of Leimster He had also made his name known in the Court of Rome and held intelligence with the Cardinall who was Protector of this Nation by means whereof he obtained the title and jurisdiction of Vicar-general of the See Apostolick within the Archbishoprick of Dublin and the Bishopricks of Kildare and Fernes This pretended jurisdiction extending wel-nigh over all the Province of Leimster he exercised boldly and securely many years together untill
the Treasure and riches of the land carried away the Subjects of the Realm molested and impoverished the Benefices of Holy Church wasted and destroyed Divine service Hospitalitie Almsdeeds and other works of charitie neglected Again 27 Edw. 3. cap. 1. upon the grievous and clamorous complaint for that phrase is there used of the great men and Commons touching Citations and Provisions it is enacted That the offenders shall forfeit their lands goods and chattels and their bodies be imprisoned and ransomed at the King's will But in the Statute of 25 Edw. 3. wherein the first Law against Provisors made 25 Edw. 1. is recited there is a larger declaration of these inconveniences then in the two last Acts before mentioned For there all the Commons of the Realm do grievously complain That whereas the Holy Church of England was first founded in estate of Prelacie by the Kings and Nobilitie of that Realm and by them endowed with great possessions and revenues in lands rents and Advowsons to the end the people might be informed in Religion Hospitality might be kept and other works of Charitie might be exercised within the Realm And whereas the King and other founders of the said Prelacies were the rightfull Patrons and Adowees thereof and upon avoidance of such Ecclesiasticall promotions had power to advance thereunto their kinsmen friends and other learned men of the birth of that Realm which being so advanced became able and worthy persons to serve the King in Counsell and other places in the Commonweal The Bishop of Rome usurping the Seigniory of such possessions and Benefices did give and grant the same to Aliens which did never dwell in England and to Cardinals which might not dwell there as if he were rightfull Patron of those Benefices whereas by the Law of England he never had right to the Patronage thereof whereby in short time all the Spirituall promotions in the Realm would be ingrossed into the hands of Strangers Canonicall elections of Prelates would be abolished works of Charity would cease the founders and true patrons of Churches would be disinherited the King's Counsell would be weakened the whole Kingdome impoverished and the Laws and rights of the Realm destroyed Upon this complaint it was resolved in Parliament That these oppressions and grievances should not be suffered in any manner and therefore it was enacted That the King and his Subjects should thenceforth enjoy the rights of patronage That free elections of Archbishops Bishops and other Prelates elective should be made according to the ancient grants of the King's Progenitors and their founders That no Bulls of Provision should be put in execution but that the Provisors should be attached fined and ransomed at the King's will and withall imprisoned till they had renounced the benefits of their Bulls satisfied the partie grieved and given sureties not to commit the like offence again Now Master Lalor what think you of these things Did you believe that such Laws as these had been made against the Pope 200 250 300 years since Was King Hen. 8. the first Prince that opposed the Pope's usurped Authority Were our Protestants the first Subjects that ever complained of the Court of Rome Of what Religion think you were the propounders and enacters of these Laws Were they good Catholicks or good Subjects or what were they You will not say they were Protestants for you will not admit the Reformed Religion to be so ancient as those times neither can you say they were undutifull for they strove to uphold their liege Lord's Sovereignty Doubtless the people in those days did generally embrace the vulgar errours and superstitions of the Romish Church and in that respect were Papists as well as you but they had not learned the new doctrine of the Pope's Supremacie and transcendent authority over Kings they did not believe he had power to depose Princes and discharge Subjects of their allegeance to abrogate the fundamentall Laws of Kingdomes and to impose his Canons as binding laws upon all nations without their consents they thought it a good point of Religion to be good Subjects to honour their King to love their country and to maintain the laws and liberties thereof howsoever in other points they did erre and were miss-led with the Church of Rome So as now Master Lalor you have no excuse no evasion but your conscience must condemn you as well as the Law since the Law-makers in all Ages and all religious Papists and Protestants do condemn you unless you think your self wiser then all the Bishops that were then in England or all the Judges who in those days were learned in the Civil and Canon Laws as well as in the Common Laws of England But you being an Irish man will say perhaps these Laws were made in England and that the Irish Nation gave no particular consent thereunto onely there was an implicite consent wrapt and folded up in generall terms given in the Statute of 10 Hen. 7. cap. 22. whereby all Statutes made in England are established and made of force in Ireland Assuredly though the first Parliament held in Ireland was after the first Law against Provisors made in England yet have there been as many particular Laws made in Ireland against Provisions Citations Bulls and Breves of the Court of Rome as are to be found in all the Parliament-Rolls in England What will you say if in the self-same Parliament of 10 Hen. 7. cap. 5. a special Law were made enacting authorizing and confirming in this Realm all the Statutes of England made against Provisors if before this the like Law were made 32 Hen. 6. cap. 4. and again 28 Hen. 6. cap. 30. the like and before that the like Law were made 40 Edw. 3. cap. 13. in the famous Parliament of Kilkenny if a Statute of the same nature were made 7 Edw. 4. cap. 2. and a severer Law then all these 16 Edw. 4. cap. 4. That such as purchase any Bulls of Provision in the Court of Rome as soon as they have published or executed the same to the hurt of any incumbent should be adjudged traitors Which Act if it be not repealed by the Statute of Queen Mary may terrifie Master Lalor more then all the Acts which are before remembred But let us ascend yet higher to see when the Pope's Usurpation which caused all these complaints began in England with what successe it was continued and by what degrees it rose to that height that it well-nigh over-topp'd the Crown whereby it will appear whether he had gained a circle by prescription by a long and quiet possession before the making of these Laws The first encroachment of the Bishop of Rome upon the liberties of the Crown of England was made in the time of King William the Conqueror For before that time the Pope's Writ did not run in England his Bulls of Excommunication and Provision came not thither no Citation no Appeals were made from thence to the Court of
extend to the said High Commissioners yet ought they to proceed according to the form and order of the said Act for an offence done against that Act. Secondly it was objected by the Counsel of the Plaintif That Caudrey the Plaintif was not deprived either by the verdict of 12 men or by confession or by the notorious evidence of the fact but by default in respect he appeared not being duely precognizated or warned which case as it was objected was Casus omissus oblivioni datus and not within the said Act. Thirdly it was objected on the behalf of the Plaintif That the said Sentence given by the said High Commissioners was utterly void for that they or any 3 or more of them having authority by force of the said Act and of the said Letters Patents under the great Seal ought to joyn in the Sentence and that one alone with the consent of 2 or more of the other Commissioners cannot give a Sentence for that every Commissioner hath equal authority and by the said Letters Patents three or more must give the Sentence with consent of others and such a Judgement given by any Commissioners of Oyer and Terminer or other Commissioners or Judges of the Common Law were utterly void and of none effect Fourthly and lastly it was objected That the said Commissioners were not nominated and appointed according to the said Act for the Jurisdiction and power given by the said Act to the Crown is to name such Commissioners as be natural-born Subjects and it doth not appear by the said special verdict that the said Commissioners were natural-born subjects And albeit the Judges as private men in their particular knowledge did know them to be natural-born subjects yet they being Judges of record ought onely to see with Judicial eyes and to take knowledge of no more then doth appear to them within the Record for upon that and not upon private knowledge out of the Record they onely must give their Judgement and upon that Record enter their Judgement also of record And seeing that the said Queen had as it was said by the Plaintif's Counsel Ecclesiastical Jurisdiction by the said Act of Parliament and by the same power was given unto her to name Ecclesiastical Commissioners she of necessity must make her nomination according to the said Act having no other power as was objected but by the said Act. And seeing it was not specially found that they were natural-born subjects de non apparentibus non existentibus eadem est ratio for this cause also the said Sentence of Deprivation was void as given by Commissioners not warranted by the said Act. Asto the first and second Objections both being grounded upon the said Act of Parliament it was resolved by the whole Court that notwithstanding these two Objections the Sentence was not to be impeached for either of them and that for three causes First for that the said Act concerning the Uniformity of Common Prayer being in the affirmative doth not abrogate or take away the Jurisdiction Ecclesiasticall unless words in the negative had been added as and not otherwise or in no other manner or form or to the like effect And this appeareth by the general rule of all our Books as it appeareth in 46 E. 3.4 47 E. 3.10 20 H. 6.11 36 H. 6.3 3 E. 4.27 3 H. 7.1 14 H. 7.10 15 H. 7.16 33 H. 8. Dyer 50. 4 Mar. Dyer 135. Stradlings case Pl. Com. 207. c. 2. The Ecclesiasticall Law and the Temporal Law have several proceedings and to several ends the one being Temporal to inflict punishment upon the body lands or goods the other being Spiritual pro salute Animae the one to punish the outward man the other to reform the inward And this appeareth in 12 H. 7.22 10 E. 4.10 c. Then both these distinct and several Jurisdictions consist and stand well together and do joyn in this to have the whole man inwardly and outwardly reformed 3. The Proviso in the said Act doth make this question without question for by it is provided ordained and enacted by the Authority aforesaid That all and singular Archbishops and Bishops and every of their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiastical Jurisdiction should have full power and authority by virtue of that Act as well to enquire in their Visitations Synods and elsewhere within their Jurisdiction as at any other time and place to take informations of all and every the things above mentioned done committed or perpetrated within the limits of their Jurisdictions and authority and punish the same by Admonition Excommunication Sequestration or Deprivation and other Censures and Processe in like form as heretofore had been used in like cases by the Queen 's Ecclesiasticall Laws as by the said Act appeareth So as seeing if that Act had never inflicted any punishment for depraving or not observing the Book of Common Prayer yet the same being allowed and commanded to be observed for uniformity of Common Prayer and the unity and peace of the Church the Ecclesiasticall Judge may deprive such Parson Vicar c. as shall deprave or not observe the said Book as well for the first offence as he might have done by the Censures of the Church and the Ecclesiasticall Laws if no form of punishment had been inflicted by that Act. And this doth evidently appear by the said Proviso For thereby notwithstanding any thing in that Act contained they may punish such offendors by Admonition Excommunication Sequestration or Deprivation and other Censures and Processe in like form as heretofore hath been used in like cases by the Queen 's Ecclesiasticall Laws and are not bound to pursue the form prescribed by the said Act which is to punish the offendor according to the Temporal Law And it was reâ—olved That if the Jurisdiction of the Archbishops and Bishops and their Chancellors Commissaries Archdeacons and other Ordinaries having any peculiar Ecclesiasticall Jurisdiction were provided for by the said Act à fortiori the High Commissioners authorized by another Act in the same Parliament were tacitè provided for Ouia cui licet quod majus est non debet quod minus est non licere As to the third Objection it was also resolved by the whole Court that the Sentence given by the Bishop by the consent of his Collegues was such as the Judges of the Common Law ought to allow to be given according to the Ecclesiasticall Laws For seeing their authority is to proceed and give sentence in Ecclesiasticall causes according to the Ecclesiasticall Law and they have given a Sentence in a cause Ecclesiasticall upon their proceedings by force of that Law the Judges of the Common Law ought to give faith and credit to their Sentence and to allow it to be done according to the Ecclesiasticall Law For cuilibet in sua arte perito est credendam And this is the common received opinion of all our Books as
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
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
reconciled to the said usurped Authority of the See of Rome and to take Absolution at the hands of the said naughty and subtil practisers whereby did grow great disobedience and boldness in many not onely to withdraw and absent themselves from all Divine Service then most godly set forth and used within this Realm but also to think themselves discharged of and from all Obedience Duty and Allegeance to her Majesty whereby most wicked and unnatural Rebellion did ensue and to the farther danger of this Realm was thereafter very like to be renewed if the ungodly and wicked attempts in that behalf were not by severity of Laws in time restrained and bridled For remedy and redress whereof and to prevent the great mischiefs and inconveniences that thereby might ensue it was enacted by the Queen with the assent of the Lords Spiritual and Temporal and the Commons in that Parliament assembled and by the Authority of the same That if any person or persons after the first day of July then next coming should use or put in ure in any place within this Realm or in any the Queen's dominions any such Bull Writing or Instrument written or printed of Absolution or Reconciliation at any time theretofore obtained and gotten or at any time thereafter to be obtained or gotten from the said Bishop of Rome or any his Successors or from any other person or persons authorized or claiming authority by or from the said Bishop of Rome his Predecessors or Successors or the See of Rome Or if any person or persons after the said first day of July should take upon him or them by colour of any such Bull Writing Instrument or Authority to absolve or reconcile any person or persons or to grant or promise to any person or persons within this Realm or any other the Queen's dominions any such Absolution or Reconciliation by any speech preaching teaching writing or any other open deed Or if any other person or persons within this Realm or any the Queen's dominions after the said first day of July should willingly receive and take any such Absolution or Reconciliation Or else if any person or persons had obtained or gotten sithence the last day of the Parliament holden in the first year of her Reign or after the said first day of July should obtain or get from the said Bishop of Rome or any his Successors or the See of Rome any manner of Bull Writing or Instrument written or printed containing any thing matter or cause whatsoever Or should publish or by any waies or means put in ure any such Bull Writing or Instrument That then all and every such act or acts offence and offences should be deemed and adjudged by the Authority of the said Act to be high Treason and the Offendor and Offendors therein their Procurors Abettors and Counsellours to the fact and committing of the said offence or offences should be deemed and adjudged high Traitours to the Queen and the Realm and being thereof lawfully indicted and attainted according to the course of the Laws of this Realm should suffer pains of death also lose and forfeit all their Lands Tenements Hereditaments Goods and Chattels as in cases of high Treason by the Laws of this Realm ought to be lost and forfeited as by the said Act appeareth And albeit many of her subjects after the said Bull of Pius Quintus adhering to the Pope did renounce their former Obedience to the Queen in respect of that Bull yet all this time no Law was either made or attempted against them for their Recusancy though it were grounded upon so disloyal a Cause Now that these speechless Bulls were declared by Act of Parliament to be so dangerous then in place of them Jesuites and Romish Priests were sent over who in secret corners whispered and infused into the hearts of many of the unlearned subjects of this Realm that the Pope had power to excommunicate and depose Kings and Princes that he had excommunicated the Queen deprived her of her Kingdome and discharged all her subjects of their Oath Duties and Allegeance to her and therefore they ought not to obey her or any of her Commandments or Laws under pain of the Pope's Curse This was high Treason by the ancient Laws of England And thereupon Campion Sherwin and many other Romish Priests being apprehended and confessing that they came into England to make a party for the Catholick cause when need should require were in the 21. year of the said Queen's Reign by the ancient Common Laws of England indicted arraigned tried adjudged and executed for high Treason against their natural Allegeance which they ought their liege Sovereign But all this time there was no Act of Parliament made either against Recusants or Jesuites or Priests her Majesty still desiring and expecting their conversion and that by clemency and mildness they might be reclaimed to their former obedience and conformity before the said Bull. After Priests and Jesuites were punished by sentence of Law according to their demerits then great numbers of slanderous and seditious Books libri falsidici against her Majesty and the State were dispersed and scattered within this Realm tending to the inciting and stirring of the Subjects to Insurrection and Rebellion Her Majestie in open Parliament having with the Lords Spiritual and Temporal and Commons mature consideration of so weighty and important causes in the 23. year of her Reign made two several Laws One against the makers and publishers of Seditious Books ordaining that offence to be Felony another against Recusants inflicting the penalty of twenty pounds the month for their Recusancie and yet upon their submission according to the Act to be thereof freely and absolutely discharged a milde and merciful Law considering their former Conformity and the cause of their Revolt But after these Jesuites and Romish Priests coming daily into and swarming within the Realm instilling still this poison into the Subjects hearts that by reason of the said Bull of Pius Quintus her Majesty was excommunicated deprived of her Kingdome that her Subjects were discharged of all Obedience to her and by all means endeavouring to withdraw them from their Duty and Allegeance to her Majesty and to reconcile them to the Church of Rome in the 27. year of her Reign by Authority of Parliament her Majesty made it Treason for any Jesuite or Romish Priest being her natural-born Subject and made a Romish Priest or Jesuite sithence the beginning of her Reign to come into any of her dominions intending thereby to keep them out of the same to the end that they should not infect any other Subjects with such treasonable and damnable perswasions and practices as are aforesaid which without controversie were high Treason by the ancient Common Laws of England Neither would ever magnanimous King of England fithence the first establishment of this Monarchy have suffered any especially being his own natural-born
9.24 H. 8. c. 12.27 H. 8. c. 20.32 H. 8. c. 7.1 E. 6. ca. 2.2 E. 6. ca. 13.1 Ma. cap. 3.1 Eliz. ca. 1.5 Eliz ca. 23.13 Eliz. ca. 10. Litt. lib. 2. ca. Frankalm fol. 30. F. Na. Br. fol. 41 42 43 44 45 46 47. Regist fol. 33 34 44. c. This King reigned an Dom. 755. Stanford lib. 3. cap. 38. fol. 111. This charter was pleaded 1 H. 7.23.25 Note Rex Edwin regnavit anno Dom. 955. St. K. Edw. laws ca. 19. 7 E. 3. tit Quare Impediâ— 19. The Charter of H. 1. Founder of the Abbey of Reading in the 26. year of his reign and in the year of our Lord 1125. 2 H. 3. Tit. Prohibition .13 4 H. 3. ibidem 15. 15 H. 3. Tit. Prohib 22. Register fol. The Statute of Merton an 20 H. 3. Vide 30 E. 3. Li. ss pl. 19. Brook tit Premunire pl. 10. Note this was by the common Law of England before any Statute made 19 E. 3. tit Quare non admisit 7. Vide 39 E. 3.20 Note The Statute of Bigamie 〈◊〉 4 E. 1. Observe how the King by advice of his Council that is by authority of Parliament expounded how the said Council should be understood and in what sense it should be received and allowed here Statutum de anno 25 E. 1. Carlisle Vide 20 E. 3. tit Essoin 24. Nota The first attempt was to usurp upon such Ecclesiasticall things as pertained to the Clergy of England who at that time stood in great awe of the Church of Rome The Statute of 9 E. 2. Artic Cleri cap. 16. See the Ordinance of Circumspectè agatis an 13 E. 1. to this effect By this Statute of 9 Ed. 2. and the Statutes of 15 E. 3. cap. 6. 31 E. 3. cap. 11. and by other Statutes heretofore mentioned the Jurisdiction of the Ecclesiasticall Court is allowed and warranted by consent of Parliament in all cases wherein they now have Jurisdiction so as these Laws may be justly called the King's Ecclesiasticall Laws or the Ecclesiasticall Laws of England 16 E. 3. Tit Excom 4. In the Reign of E. 3. 17 E. 3.23 20 E. 3. Excom 9. 16 E. 3. tit Bre. 660. 21 E. 3.60 6 H. 7.14 Fit Na. Br. 20 E. 3. Tit. Excom 6. 21 E. 3. fol. 40. 22 E. 3. lib. Ass pl. 75. 27 E. 3. fol. 84. Fit Na. Br. fol. 34. 30. E. 3. lib. Ass pl. 19. 12 H. 4.16 14 H. 4.14 8 H. 6. fol. 3. 35 H. 6.42 28 H. 6.1 7 E. 4.14 12 E. 4.16 Fit Na. Br. fol. 64. F. Vide 9. E. 4. fol. 3. Hereafter fol. 11. It ought to be determined in theâ—â—cclesiasticall Courts in England 31 E. 3. Tit. Excom 6. 33 E. 3. tit â—yde de Roy 103.38 Ass pl. 20. See the Statute of 15 E. 3. cap. 6. 31 E. 3. cap. 11. 38 Lib. Ass pl. 22. 46 E. 3. Tit. Premun 6. 49 E. 3. Lib. Ass pl. 8. Statut. de 25 E. 3. de Provisoribus Statut. de 25 E. 3. Note Note Vide 10 E. 3. fol. 1. 2. Statutum de 27 E. 3. Statut. de 28 E. 3. cap. 1. 2. Statut. de 38 E. 3. ca 3. 12 R. 2. tit Jurisdiction 18. Statutum de 16 R. 2. cap. 5. Note 1 H. 4. fol. 9. Fitz. Na. â—r 269. This had a resemblance to an Attainder of Treason wherein there must be first an Inditement by one Jury and a Conviction by another 11 H. 4.37 11 H. 4. fol. 69.76 14 H. 4. fol. 14. Vide 30 E. 3. lib. Ass pl. 19. before Vide 13 E. 3. Certificate 6. Vide 20 H. 6.1 37 H. 6.42 7 E. 4.14 Fitz. Na. Br. 64. F. 14 H. 4.14 Statut. de 2 H. 4. cap. 3. Statut. de 6 H. 4 cap. 1. Statut. de 7 H. 4. cap. 6. Statut. de 3 H. 5 cap. 4. * Stat. de 2 H. 5. cap. 7. Lollardry à lolio For as Cockle is the destruction of the Corn so is Heresie the destruction of true Religion Infelix lolium steriles dominantur avenae Virgilius Et careant loliis oculos vitiantibus agri Ovidius Statutum de 2 H. 5. cap. 1. 8 H. 6. fol. 3. 9 H. 6. fol. 16. 1 H. 7. fol. 10. 1 H. 7. fol. 20. 9 E. 4.3 Fitz. Na. Br. fol. 44. H. agreeth herewith Note 9 E. 4.28 12 E. 4. fo 16. 2 R. 3. fo 22. 1 H. 7.10 Statut. de 1 H. 7. cap. 4. 10 H. 7.18 11 H. 7.12 Statut. de 24 H. 8. cap. 12. This Statute is declaratorie of the ancient laws of England as manifestly appeareth by that which hath been said See Br. Abridgment tit Presentment al Esglise pl. 12. The Pope was permitted to doe certain things within this realm by usurpation and not of right until the reign of H. 8. This also is declaratory of the ancient Law as it appeareth both by 9 E. 4.3 Fitz. Na. B. 44. and many other cases and statutes abovesaid Statut. de 25 H. 8. cap. 21. This was also declaratory of the ancient Law as by that which hath been said appeareth This appeareth by resolution of all the Judges in 7 H. 8. Lib. Keylw fo 181. And this was long before any Act of Parliament was made against forrein Jurisdiction by King Henry the 8. The Statute of 1 Q. Eliz. 12 Eliz. Reg. Dyer Psalm 109.28 Though they curse yet bless thou O Lord and let them be confounded that rise against me but let thy servant rejoyce Which was the prayer her Majesty made when this Bull was published against her The Statute of 13 Eliz. Note the fruits of the Bull. 1. 2. 3. 4. The parts of the Act. 1. 2. 3. 4. 5. The Statute of an 23 Reginae Eliz. The Statute of an 27 Eliz. Reginae