E N G L A N D- S
INDEPENDENCY
Upon the
Papal Power
Hiftorically and Judicially Stated,
By
Sr. Jo h n Davis, Attorney Generall in Ireland^
' And by
Sr. Ed ward Coke, Lord Chief Juftice in England^
In Two REPORTS,
r Selcded from their greater Volumes ;
For the Convincing of our Englijk Romanijisi and
CoDfiimiog ofthofe who arc yet unperverted
to the Court or Church of ROME,
With a Preface written by
Sir J o H N P E T T u s. Knight.
L O N D O N,
Printed by (i. ^lellirr, J. ^treater» and 1^. Affigns
of ]Ktci;arD ^thlns and (IElitoarti^tHtn8,Erquiies:
And are to'be fold by fevetall Book-fellers in Fheijireet
and Holborn. MDCLXXIV.
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To the Right Honourable,
J A M E s
Earle of
S U F FOLK;
Lord Lieutenant of that County, is'c*
MY LORD, :
I Have thehonour of being one of your De-
piitics/Vr/&^ Co«;zi^ o/Suffolk, which I
hope will admit me to the freedome cf
placing your Lordfhip in the Front of
Two Reports cuU*d out from the many.other
Reports of two as Learnedperfons in our Laws
as that Age did afford,
A 2 I have
«
- •*
TheEpiftle
I have f erfmdcd the Stationer to repTint
thern^ 06 fit at this time to be generally perused.
For i'r. John Davis, in his Report of Lzioils
Cafe-tgives an Hiftoricall Account of the Pope'^
Invafions upon usfrom Edward the Confeffbr*5
time in matters Civil; and the Lord Chief
JuJiice Co^Q gives alfo a full and clear Account
of the Pope's Intrufions upon us in matters Ec-
clefiafticall. Neither of them do meddle mth
the Cavills of Religion hetweeri us and the
Papal Power , hut what concerns their
State and ours , and that deduced from
Antiquity ; how we ought to pay our fingle
Obedience hoth to Church and State ^ Q as
our Predecelfors have done^ or endeavour'] to
doe^ for many Ages^ to their refpefiive Kings.}
And though there have been many Invziaons or
Intrufions upon us by the Power and Policy of
the Pope and his Agents^ yet we were al-
waves firuggUng to get out :. Sometimes we
majiered them^ and fometimes we were mafie-
red by them ; according to the Refolution or
Weaknefs :of thofe our former Kings who were
to maintain their inherent Interejls. And how-
ever fome Papal Pretences feem to bey yet we
may clearly fee ( when th^ got the upper hand )
^ t »
what SuhjeSiion they intended to impofe.upon
a5, 06 they did on King John ; ^and they nicked
the time when he wa6 imbroyVd and even totally ,
immaged in the Difiempers of hk unruly Sub-
)eds, and imaged^ Forreiners : and thtn^ by
the opportunity of thofe Fa8:ions and Forrel-
hers they did fubjugate this Kingdomc
to hk Principality i/2 Italy, and made it its
Vaf all more then ever any Emperour 0/ Rome
did pretynd to for could accompli^. And
though after King John, there were various
Contefls byour fuccefive Kings, none did
fp effe^ually rout thre Papal In cereft here as
Henry the VIII, for which the Romanifts do v
rip up all hk Vices^ to make him as odious to
the world as pojfible: and among other things^
they affirm^ that He was the man that rebel I'd
from their Church. ; C Whenas their^ Hijio^
Tie and ours tell and them f hat he lived
and died a Roman Catholiclr,. J And they
farther fay^ that it was He that brought in our
Religion; which they now call Herelie, and'
k but a Reformation of theirs and even^
that Reformation was begun anfl frofecuted
(though but inparcells ^ by former Ages, but
not ejiablifbt till Benvy had firft
broky
The Epiftle
broks their Civil Interefl here, ' and then k
went on with cafe hy Ring Yicnvy^s Succef-
fours.
But by their Railings on Henry the VIII.
Luther, Calvin, andIkjiow not whom, ( whofe
Bo^rines we do. not altogether follow ) the
Papal Agents do moji wonderfully deceive the
unfixc and wavering minds of men,whodonot
hnw the true Foundation of our Church and
State here England, clearly and through
all Antiquity independent upon any Church
or, State but its own, or on any per/on but
the Monarch thereof; as hmoji fully fetforth in
theft excellent BQ^ons,vphereinyour Lordfliip_
and. others by an houFs .reading may fee what
h our Right,and how it hath been maintain d,
and lofi, and regaidd by that moft refoluie
Prince, then owning the whole Body of the
Papal Dodrine, but not the Pope's Superi-
ority or power to eftablijb any thing in thefe
Kingdomes, - . . , ,
"* • A
It is true, this?nncehadDifcontents, and
• was crofl in his Befigns, which it may be did
eitherprovoksMtn, or upon this it is lihsly he
did
did tah occafion to pick, a quarrel^ that he
might the more fptcioujly accompUJh what his
yredecejfours could not effe^. However^ God,
doth often produce good Events by fuch as
we call evill Mediums: as the Beams of the
Sun make their way through Darkjieffe and
Vapours ; which now again begin to fpreado- •
ver our heads likf thick Clouds contraSied '
by long Exhalations , ready to break and
fend forth Lightning, Thunder and Storms
upon this Nation^ And thus I apprehend their
contradiom ^
' ' • - e - - « t
■ Henry VIII. had thus rejiofdus
to our LibeHies and ancient Rights^ and dif-
banded the Papal! Rower' and Interefi here^
it was time for the Pope to contrive fome other
Stratagems ; and therefore what he could
not doe by the power of Bulls, &c. he tries to
ejfeHhy.a long and continuedhrx._ And firJi^
he infufeth into his Catholick King 0/Spain,
how jit a perfon he was to. he Univcifal Mo-
narch of Chriflendome :■ which the King of ^
SpainV Ambition readilie embraced^ ( the
whole Defign whereof may be read in Campa-
nella the. fefuite^ in his Bifcourfe of the Spa-
nilh
nifh Monarchy .Ji ' M^ut i ihe, Jam
Pope atfo inveigles
fienry the IV. 0/France ; t.eUmg hm^ alfo how
.p a ferfpnhe' vpos to be Univerial Moderator
of4hr.ipndome: which Bait thh King's* Am»
bitmndid-a^ uadifyemkrace^^ (thewhole Mo-^
dell and Platform whereof h alfo fet down by
the Bifliop of Rhodes in his Hiftory of the
^/VHenry t^elV.) Andin allthh tvne^while ■
both thefe Kings were driving on thefe De-
Jignsi, it isyobfervabk Cby the Confefion off
thofe HiftoriansJ that neither of them were
privy to each other's Intentions, the bufinefs
was fo cunningly managed by \the Poipe^ whofe
great Artdt was to keep .their Vefigns fecret, .
and put both iheir Wheels' in motion at once;
yet to keep his Spodh^inthatWheel which tur-
nedmoji to his advantag6,\ \ , o av
■ In both thefe cited'Eooks C Rhodes and
Campanella) your '■ Lordfhip will find, that
their chief aims'and direUions were to wed-
ken the Engli^ t and. therein they [ay in thefe
words., That there no better way then by
caufing Divifions- and I^iflenfions among
the Englijhi and' by cQiitinuall keeping up
the
the fame; and that as for .their Religion,,
it couldnot be eafily rooted out unlefs there
were fome certain Schools eredcd in Flan,
ders, by the Scholars whereof there
(hould be fcattered abroad the feeds for Di-
vifionsin the Natural and Theologicall Sci-
ences, which would diftraO: and difcompole
their opinions and judgments: and that the
Englifb, being of a nature ftill defironsofNo-
veltles and Changes, areeafily wrought over
. to any thing.,
/
•' ' ' ^ i » . (
Now that ihk hatF hem put in prahiice I
- think is obvious to evtv} rnan\ and as deary
that whilft all Chriftendom are in Arms and
Confufions, onefy the Pope fits quiet, "and
fmiles to fee what work he mahs^ among
U5^ refolving ( if not prevented ) to tire every
man out of hk Religion fhall withdraWy
nptpnely a totaf but even the leafi part of 0-
bedience to his Cimr, / _
And thus many poor fouls are captivated^
Qfpecially thofe of our Nation^ for whom this
is intended]/ fome beingperfwaded to acknow*
ledge the Dodrines of the Church 0/Rome,
a but
The Epiftle
but not the Power of the Court of Rome ; and
when they are flaufibly got into the they
do not confider how infenfibly and inevitably
they are enfnar'd into the other. For cer»
tainly the difiinHion of the Church and Court
of Rome is fo ridiculous, that it is a mere
Trap for weak:, unhjtowing and unrefolved
perfons: fotfurely t^e Pope will never be per-
[waded to refign his Temporalcies to thofe
^nncQ?> from whom his Predecejfors ufurpt them^
to taks upon him meerly the duty of the Church.
So that when one of them perfwadesyou to turn
to the Church of Rome, it is but to mak§ you
to turn or be fubjeH to the Court tj/ Rome,
(^and its Cardinalls, who are but a Combina-
tion of Temporall Princes ) and to all its
temporalllmpqfitions ^ to maintain fuch Prin-
ces under the title of the Pope, and pjroW'
ded under the Canopy of Ecclefiafticks and
Piety. The truth is -, the Quejiions about
Religion are purpofely raised and infused
to intoxicate other mens brains : for the
Court of Rome do but laugh at the things
caird Merit, Idolatry, Supererogation, isrc.
whilft many, of their zealous Agents here ( /
perfwade my felf out of pure Piety J are rea-
dy to die upon the fpot in the Jefence of thofe
-Tenencs; wherea6^ poor fouls^ they might fee
(if thej would) that that CoiirE h onely to
imploy them under the fhrowds of Piety to
bring in Grift to the Mill by money and u-
furping other mem territories \ fo as the
ancient and important queftion, why we
fiould not give unto the King the things
that are the King'i, is quite laid aftde,
and the queftion is almoft now^ why we
fiould not give to the Pope the things
that arc the King's , and fuhjugate- thk
Kingdome to their Principalities, And
thus by deceiving evm their own Agents
with a pretence of driving on Piety,
{which is onely Sovereignty } even many
of the Papifts themfelves are innocently
betrafdi^ and fo are become betrayers of o-
thers^
T
But to return to the Hiftoricall part-
After Henry the VIII. had caft of the Do-
minion of the Papal Court , Edward the
VI. fucceeded^ in whofe Minority his Coun-
cell were fo wife^ (though many of them of
the Roman Church ) that the refolution of
a 2 Henry
j.ne npiitie
Henry the VIII. was rC'Cffurtid in oftht
Pope's Vov/cr^ahd a Foundation laid for efta-,
Mijhing a Church here^ by a Form o/Difcipline,
andFJodirme free from the Power j«^,£rrours
of the Papal Court and Church : and (though
fame Interruption was given ^ Queen, Mary,
yet J what was wanting by King Edward's
fiort Reign^ was compleated by Queen Eli-
zaberh, vpho in her very firft year^ by the full
Confent of the Lords and Commons in Par-
liameht^ by example of many of her Prede-
cejfors^ did enaSl^ That no fbrrein Potentate
or perfon fliould exercife any power within
any of her Dominions ; and all Eccleli-
afticall Jiirifdidion Ihould be annext to
the Crowm And in the 5. year of her Reign
in particular it was enaHed^ That whoe-
ver (hall ^acknowledge any Jurifdi^ron of
the Biflhop or See of Rome within, anyi.
of her Dominions (hould be guilty of
a. Praemunire , they, and, their' accefla-
ries. ':' . ^ ^
And that the Principles' of the Doftrine
and Difcipline, of our Reformed Church
might the better be known, the frame' of it
f ^ made
made in' Edward his time^was con'
firmed. with feme few alterations , and 39
Articles efiablijhed as a Foundation and
. Standard of our and Difcipline,
difiinti from that of the Court , as alfo
reformed from ;ihat of the- Church, of
Rome. r,. V ;
» * *
But fince her time even to this^ whUfi we
hav^e thought our felves lecure from the Pa-
pal Authority, their Religion hath Oily
creft in and incroacht among us : and he-^
fides their many known ways^ they have a par-
ticular c/incouraging and fomenting
all puhlick.andprivate Differences and Dif-
contents, purfuant to their (ectGt Infiruhii^
ons for the advancement of the Papal Domi-.
nion. ' •: , • ■ . :
- * - ' ■ • I ^
• - • - ■ '■ ■ . • , . : ' ' ■ • ^
• Now^ 06 it is impoffihle for the art of Phy-
fick to reduce the 4 Humors man^s Body
into onef/o no arts of ?o\icy can reduce the
^temper of men into one Perfuafion of Reli'
gion, ■ . ; V
^ ' I,"-* .
H • - *
So that herein the wijdom of our Counfellors
h difcerned^ in contriving that their num-
her may not come near the balance of the fta-
pie or eftablilhc intereji of this Kingdom^ both
as ^0 Church and State , wherein we are to
Jfjew our felves (like our predecejfors) true
Rn^\On-men , and not to Italianace our
felves to the Dependency of any other
State, _ •
\
And that this may he the more charitably
•perforrnd^ they may be dijiingiiifht into
Adivcs, and Pa/lives. By Adives I mean
fuch as make it their whole bufinefs to pervert
and captivate a/^r Subjects to be fubjehi to the
Pope, under the notion o/"Religion ; and by
Paflives I mean fuch as live innocently among
U6 : and there is lejfe caution and fitiUnefs
requifite to thofe who are paflive in refpeSl bare"
ly (f their Religion^ then to thofe who are adive
m promoting/?.
And therefore many ancient Laws have been
made long before Henry the VIII. entituled
Statutes of Vrxm\xn\re\ which word in Eng-
lifti /s, to fortify a place before enemies come,,
or to againfi any onfet by them. And
all
Dedicatory.
aUthofe Lam are intmhd againjl the Pope'^
SpiricUall cr Temporall Invafions upon ua:
and thofe Lam do impofe Penalties on fuch
as jhnll any ways endeavour to affift him in
/KcMnvafions ; fo that being fbrewarn'd, (^as
fome would have the word from ^rxmonere, )
we may the better he fore-zrmcd for prevention
of all their future attempts upon us, which is
heartily wijht by,
My Lord,
February 18. Your Lordthlp's moft
humble Servant,'
. " v- V
" John Fettm,
" , »v . - • -
Hill, 4. Jacobi,
The Cafe of Praemunire,
0 i?.
V
The Convidion^and Attainder ofZ,,<j/ar
Prieft, being endifed upon the Statute
of \ 6, Rich. 2. ca^. 5.
A
HIS Kohert La/or,being a Native of this Of what
• Kingdome , received his Orders of
Priefthood above thirty years finceat
the hands of one Richard Bradyy to
whom the Pope had given the title of
Bifhop of/fi/«j(7r£ in and for
the fpace of twenty years together
hisauthoxity and credit was not mean
within the Province of He had alfo made his name
known in the Court of Rome,and held intelligence with the
Cardinall- who was Protedor of this Nation, by means
whereof he obtained the title and jurifdiftion ofFicar'gepH"
r»l of the See Apoftolick within the Archbiflioprick of
B VubliHy
X
The Cafe of Vr^mumre,
and the Bilhopricks o£Kildare and Ftrneu This
pretended jurifdiciiion^extending wclwnighover all the Pro-
vinceof Leimftcr, he cxercifed boldly and fecurely nriany
years together, until] the Proclamation was pubiilhedf
whereby all and Prif/?/ordained by forrein authori-
T ly were commanded to depart out of this kingdomc by a
certain time prefixed. After which time he began to lurk
and to change his nanae, howbeitat laft he was apprehen-
Nk afpreketi- dcd in Dublin^ and connmitted to prifon in the Caftle there.
fmandfirll Upon his ririt Examination taken by the Lord Deputic
examnarm. acknowledged that he was a Pried, and ordak
nedby a Popifli Titulary Billiop i that he had accepted the
title and Office ofthe Pope's Vicar-^gemraU in the three Di-
ocefes before named> and had exercifed fpirituall jurifdi(Si-
on i^ foro tonfehntU 'i and in fundry other points he main-
tained and judihed the Pope's authority: onely he faid, he
was of opinion that the Pope had no power to excommuni-
cateor depofe hisMajeftie, becaufe the King is not of the
Pope's Religion^
Hufirfl in- The next Term after, he was indi^led upon the Statute
ditemnt and of 2 Efe. ena(Sted in this Realm againft fuch as (hould wil-
conviliion. fuHy and adviledly maintain and uphold the jurifdit^ion of
anyforrein Prince or Prelate in any caufes Ecclefiafticall or
Civil within this Realm. By which Statute theftrd offence
- of that kind is puniffied with lofle of goods, and one yeaiV
imprifonment j the fecond offence incurreth the penaltie
V ofthePr<<nj««jVfi and the third offence is made high Trea-
fon. Upon this Indictment he'was arraigned, convi'£ted,
. and condemned, and lb reded in prifon during the next
two Terms without any farther quedion. He then made
petition unto the Lord Deputie to be fet at liberty: where-.
Jfk fecond upott his Lordfhip caufed him to be e:^mined by Sir Oliver
examinatm. Saint Johny Sir James FMerton , Sir Jefferie FentoHy the
Atturncy and Solicitor generall. At firit he made feme
evalive and indireCt anfwers, but at lad voluntarily and
freely-he made this enfuing acknowledgement or confefG-
on, which being fet down in writing word for word as he
tnadeit, was advifedly read,'by him, and fubfcribed with
his
Th Cafe of Praemunire, 5
his own hand, and with the hands of thofe who took his
examination •, and aftetwatds he confirmed it by his oath
before the Lord Deputie and CounfcH.
/
The Confejjion or Ac^iowledgement of
Robert Lalor Priefl^ made the
22. December 1606.
FIrfi,he doth acknowledge that he is not a lawful! Viear- Hit
generaU in the Diocefes of Dublin^ and FerneSj oracl^ow'
and thinketh in his confcience that he cannot lawfully take
upon him the faid Office.
Item, he doth acknowledge our Sovereign Lord King
Jama that now is to be his lawful!, chief and Supreme Go-
vernour in ail caufes, as well Eccle(iaAicall as Civil,and that
he is bound in confcience to obey him in all the faid caufesi
and that neither the Pope, nor any other forrein Prelate,
Prince or Potentate hath any power to control! the King in
~ any caufeEcclefiafiicall or Civil within this Kingdome* or
any of his Ma jefiie's Dominions.
Item, he doth in his confcience. believe, that all Bifliops
ordained and made by the Ring's authority within any of
his Dominions are lawfall Bilhops, and that no Bilhop made
by the Pope,or by any authority derived from the Pope,with-
in the King's Dominions, hath any. 4>ower or authoritie to
impugn, difannull or control! any done by any B (hop
made by his Ma jefiie's authoritie as aforefaid.
Item, he profelTeth himfelf willing and ready to obey the
King, as a good and obedient Sub}e<d ought to doe, in all
his lawfull commandments , either concerning his fun^t-
on of Priefihoodt or any other dutie belonging to a good
SubjeA.
B 2" After
/
A The Cafe of Pramunire.
After this Confeffion made^thc State here had no purpofe
to proceed againft him fevercly, either for his contempt of '
the Proclamation, or offence againft the Law; So as he had
mote liberty then before,and many of his friends had accefs '
unto him) who telling him what they heard of his Con-
feffion, he protcfted unto t^m, that he had only acknow-
ledged the King's CiviU zndHemporaU power, without any
confellion or admittance of his authoritie in SpintaaU caufes.
This being reported unto the Lord Deputie by fundry Gen-
^ ^ tlemen, who gave faith unto what he faid, his Lordfliip
thought fit,that fince he had incurred the pain of framunire
by exercifing Epifcopall jurifdi<Stion as Vicar-general to the
"Pope, that he fhould be attainted of that offence, as well to
make him an example to others of his profellion, (for almoft
in every Diocefe of this Kingdomc there is a Titulary
Bifiaop ordained by the Pope \ ) as alfo that at the time of
his Trial a juft occafion might be taken to publiih the Con-
feffion and acknowledgement which he had voluntarily
made, figned, and confirmed by oath before the Lord De-
putie and Councell, who have likewife fubfcribed their
names as witnefTcs thereof.
" . Hereupon, in iJjj/drie Term 4an Inditement was
framed againft him in'the King's Bench upon the Statute of
16 Rich' 2. cap. $. containing thefe fevcrall points.
The JnditC' !• That he had received a Bull or Brief purchafed or pro-
mtntcf Lahr cured in the Court of Komt^ which Bull or Brief did touch
Upon the flat, or concern the King's Crown and dignity Royall, contai-
y ning a Commiffion ofAuthoritie from the Pope of Rme unto
Kichard Brady and David Magragh to conftitute a Vicar'gene^
raU for the See of Rme, by the name of the See Apofiolick^ in
the fevetiMDioceksoiVublm, Kildare^ai Fernet, within
this Kingdome of Ire/W.
2. That by pretext or colour of that Bull or Brief he was
; conftituted Vicar-gemrall of the See of Rome^ and took upon
him the llyle and title of Vicar-gemraU ■ in the faid fevcrall
' I Diocefes.
3. That he did exercife Ecclefiafticall Jurifdiftion as
Firc^ir-£e?f^r^lIof the Sec ofKaw^jby inftituting divers perfons
to.
. , N
The Cafe ofP ramunire,
to Benefices with cure of fouls, by granting difpenfations
in caufes Matrimonial, by pronouncing fentences of divorce
between divers married perfons, and by doing all Other afts
and things pertaining^to Epifcopal Jurifdit^ion, within the
faid fevcral Diocefes, againft our Sovereign Lord the King,
his Crown and dignity Royal, and in contempt'of his Ma-
jefly, and dilherifbn of his Crown, and contrary to the form
and cffcia of the Statute, &e.
To this Inditement halar pleaded iTot guilty > and when
the ilTue was to be tried, the name and reputation of the
man, and the nature of the caufe, drew all the principal
Gentlemen both of the Fale and Provinces that were in town
to the hearing of the matter. At what time a fubflantial
Jury of the City of Vuhlin being fworn for the trial, and the
points of the Inditement being opened and fet forth by the
King's Serjeant V the Attorney general thought it not im-
pertinent, but very neceffary, before he defcended to the
particular evidence againh the prifoner, to inform and fa-!
tisfie the hearers in two Points.
I. what realbn moved us to ground this Inditement
upon the old Statute of i6 Rich. 2» rather then upon Come
other later Law made flnce the time of King Henr. 8.
• 2. What were the true caufes of the making of this
Law of 16 Rich, and other former Laws againft Provifort
and fuch as did appeal to the Court of Rome in'thofe times,
when both the Prince and people of England did for the
moft part acknowledge the Pope to be the thirteenth Apoftle,
and onely oracle in matters of Religion, and did follow
his do^lrine in moft of thofe points wherein we now diftent
from him.
1. For the firft Point, we did purpofely forbear to pro-
ceed againft him upon any later Law, to the end that fuch
as were ignorant might be informed, that long before King
Henr. 8. was born, divers Laws were made againft the
Ufurpation of the Biftiop of Rome upon the rights of the
Crown of England^ well-nigh as fliarp and as feverc as any
Statutes which have been made in later times i and that
therefore we made choice to proceed upon a Law made
rnorc-
md
5 The Cafe of Pramunire.
more then 200" years paft, when the King, the Lords and
Commons, which made the Laws, and the Judges, which
did interpret the Laws, did for the moft part follow the
i|l fame opinions in Religion which were taught and held in
the Court ofKotne*
•JThe true 2. For the fecond Point, the caufes that moved and al-
jl| caufeef ma- moft enforced the EttgUlh Nation to make this, and other
' ^ngthe St a- gtjtutes of the fame nature, were of the grcateft impor-
Tlnilthn' ta"ce that could poffibly arife in any State. For thefeLaws
Statutes a- wtre mide to uphold and maintain the Sovereignty of the
gatnft Provt- King, the Liberty of the people, the Common Law,and the
Commonweal, which otherwife had been undermined and'
- utterly ruined by the Ufurpation of the Bifhop of Kotrtt.
For albeit the Kings of England were abfolute Emperours
within their Dominions, and had under them as learned a
Prelacy and Clergy, as valiant and prudent a Nobility, as
free and wealthy a Commonalty, as any was then in Chri-
ftcndom : ,yet if we look into the (lories and records of thefc
two Imperial Kingdoms, we (liall find, that if thefe Laws
of Provifion and Pramunire had not been made, they had
loft the name of Imperial, and of Kingdoms too, and had
been long fince made Tributary Provinces to the Bifhop of
Eowf, or rather part of S. Peter's Patrimony in demefne.
'Our Kings had had their Scepters wrefted out of their
hands, their Crowns fpurned off from their heads, their
necks trod upon, they had been made Lacquays or Foot-
men to the Bifhop of Rortie, as fomc of the Emperours and
'French Kings were i our Prelates had been made his Chap-
lainsand Clerks, our Nobility his Vaffals.and Servants, our
Commons his Slaves and Villains, if thefe A&s of manu-
miflion had not freed them. In a word, before the making
of thefe Laws, the floutilhing Crown and Commonwealth
of England was in extream danger to have been brought
into moft miferable fervitude and flavery, under colour of
Religion and devotion to the See of Rome. And this was
not onely feen and felt by the King, and much repined at
and protcfted againft by the Nobility, but the Commons,
the general multitude of the Subje^s, did exclaim and cry
out
■lilM
;!l|
I
'lil
lil
lilf
nl
litj
'i
n
14
ii
TheCafeofPrtemmire, t-
out upon it. For the Commons oiEngland tn y bean exam*
p!e unfo all other Subjcds in the world in this, that they
have ever been tender and fenfible of the wrongs and dif-
honours offered unto their Kings, and have ever contended
to uphold and maintain (heir honour and Sovereignty. And
their faith and loyaltie hath been generally fuchj ( though
every Age hath brought forth feme particular monflers of
difloyaltie ) as no pretence of zeal or religion could ever
withdraw the greater part of the SubjedFs to fubmit them-
felves to a forrein yoke, no not when Popeiy was in her
height and exaltation > whereof this A6t and divers others
of the fame kind are clear and manifeft tefVimonics. For this Stature
Ad of 16 Rich' 2. was made at the prayer of the Com-
, . , , , r ' 1 r- , . tnade at the
mons : wmch prayer they make not for themielves, payer of the
ther (hew they their own felf love therein, (as in other Camwonr.
Bills which contain their Grievances J but their love and
zeal to the King and his Crown. When after the Norman
Conqueft they importuned their Kings for the Great Char-
ter, they fought their own Liberties j and in other Bills pre-
ferred commonly by the Commons againft Sbriefs, Efchea-
forty Purveyor J, or the like, they feek their own profit and
caft: but here their Petition is to thc^.King, to make a Lav/
for the defence and maintenance of his own honour. They j-jje ejfe^ of
complain. That by Bulls and Proceffes from Rome the King the Statute of
is deprived of that Jurifdiilion which belongs of right to 2.^.5.
his Imperial Crown : That the King doth lofe the fervice
andcounfel of his Prelates and learned men by tranflatians
made by the Bifhop of Rome.- That the King's Laws are
defeated at bu will, the Treafure of the Realm is exhauftcd
and exported to enrich hk Court : And that by thofe
means the Crown of England^ which hath ever been free
and fubjed unto none, but immediately unto God, fhould
be fubmitted unto the Bifhop of Rome^i to the utter de-
flruftion of the King and the whole Realm > which God
defend, fay they : and thereupon, out of their exceeding
zeal and fervency, they offer to live and die with the King
in defence of the liberties of the Crown. And taftly, they
■pray and require the King by way of juftice, to examine all
ths>
IJ
'jll
! >1
I M
11 : ti
I ■
! i
. I
till
ne effel/ of
the Statute
&f 38 EdWn
g. caf» I.
1 he Caje of Erammtre,
the Lords in Parliament, what they thought of thcfe mani-
feft wrongs andufurpations, and whether they would fland
with the King in defence of his Royall liberties, or no.
which the King did according to their Petition : and the
Lords Spiritual and Temporal did all anfwer, that thcfe
Ufurpations of the Bifliop of Rome were againft the liberties
of the Crown, and that they were all bound by their allege-
ance to (land with the King, and to maintain his honour
and Prerogative. And tliercupon it was cnadled with a
full confent of the three Eftates, That fuch as fliould pur-
chafe in the Court of Rome,ot elfewhere,anyB«ff/ or Proceffes,
or other things which might touch the King in his Crown
and dignitie Royall, and fuch as (hould bring them into the
Realm, and fuch as fhould receive them, publifh them, or
execute them, they, their Notaries, Proftors, Maintainors
and Counfcllors, Ihould be all out of the King's prote6lion,
their lands and goods forfeited to the King, their bodies at-
tached if they might be found, or elfe proccffe of
to be awarded againft them. Upon thcfe motives,
and with this affetftion and zeal of the people, was the Sta-
t\xttofi6 Rich. z. made, whereupon we have framed our
Inditcment. ^
Now let us look higher, and fee whether the former
Laws made by King Edjv. j. and King Edjv.^. againd the
Ufurpation of theBifhop of Rente were not grounded upon
the like caufe and reafon. The Statute of ,8 e./'. i.
exprefllng the roifchiefs that did arife by Breves of Citation,
which drew the bodies of the people, and by Bulls o( Pro-
vifiomnd Refervation of Eccleliadicall Benefices, which
drew the wcalthof the Realm, totheCourtofRowze, doth
declare, that by thefe means the ancient Laws, Cuftomes
and Franchifesof the Realm were confounded, the Crown
of our Sovereign Lord the King dimini(hed, and hisperrori
falfely defamed, the Treafure and riches of the land carried
away, the Subjedls of the Realm moleded and impoverifhed,
the Bcnefices^of Holy Church waded and dedroyed, Di-
vine fervice, Hofpitalitie, Almfdeeds^ and other works of
charitie neglefted. ~
Again,
Sir
ivl
TheCafeofFrammire. 9
Agaiii) 27 Edr^. ^*cap*i* upon the grievous and clamorous
i:omplaint ( for chat phrafe is there ufed ) of the great men The Statute
and Comnnons touching Citations and Provifwnst it is cnac- ^7 Ed.^.
ted,That the offenders fliall forfeit their lands, goods and
chattels,.and their bodies be imprifbned and ranfomed at
the King's will. But in the Statute of 25 E«/bj. 3. wherein The Statute
the tirh Law againd Provifors made 25 i. is recited, »/ ^5.
there is a larger declaration of thefe inconveniences then in
the two ialt kdis before mentioned. For there all the j-
Commons of the Realm do grievoufly complain , That
whereas the Holy Church 6i England was firft founded in
eftate ofPrelacie by the Kings and Nobilitle of that Realm*
and by them endowed with great poffeffions and revenues
in lands, rents and Advowfons, to the end the people might
be informed in Religion, Hofpitality might be kept, and
Other works of Charitie might be exercifed within the
Realms And whereas the King and other founders of the
faid Prelacies were the rightfull Patrons and Adowees there- '
of^and upon avoidance of fuch Ecclefiafticall promotions / ^
had power to advance thereunto their kinfmen, friends,
and other learned men of the birth of that Realm, which be-
ing fo advanced became, able and worthy perfims toferve
the Kingin Counrell,and otherplaces in the Commonweal:
The Biftlop ofi?0wie> ufurping the Seignioiy of fuch poffcf-
- fions and Benefices, did give and grant the fame.to Aliens,
which did never dwell in England^ and to Cardinals,which
might not dwell there, as if he were rightfull Patron of
thofe Benefices \ whereas by the Law of England he never _
had right to the Patronage thereof i whereby in fliort time
all the Spirituall promotions in the Realm would be ingrof-
fed into the hands of Strangers, Canonical! ele£i:ions of Pre-
lates would be aboliflied, works of Charity would ceafc, the
founders and true patrons of Churches would be difinheri-
ted,'the King's Counfell would.be weakened, the whole
Kingdome impoverilhcd, and the Laws and rights of the
Realm dcftroycd. Upon this complaint it was refoived in
Patliamcnt,Thjt theft opprefl/ons'and grievances fhould hot
be fulfered in any mantier: and therefore it was enai^ed,
. ,-C That.
r
lO
'The Cafe of Trdsmmire.
' ;
111
Thit the Kingand his Subjeds ihould thenceforth enjoy
the rights of patronage v That free elediions of Archbifhops,
Bifl-jops, and other Prelates derive, (hould be made accor-
ding to the ancient grants of the King's Progenitors and
their founders» That no BhUs of Proviften fliould be put in
' / execution, but that the Provifors fliould be attached , fined,
and ranfomed at the King's will, and withall itnprifoned
till they had renounced the benefits of their fatisfied
the partie grieved, and given fateties not to commit the
like offence again.
No WjMafter Lalor-i what think youofthefe things ? Did
you believe that fuch Laws as thefc had been tnade againft
the Pope 200, 250^ 300 years fince ? Was King Hen. 8.the
iirft Prince that oppoied the Pope's ufurped Authority ?
Were ouriProteftants the firftSubjeds that ever complained
of the Court of Ofwhat Religion, think you, were
thcpropounders and enafteis of thefc Laws,^ Wetc they
ThefeLaws good Cat holicks ? or good Subjefts ? or what were they?
^sdidpro- You will not fay they were Proteffants, for you will not ad-
fejfe the Ro- mit the Reformed Religion to be fb?ancient as'thofe times 1
mifliKeligm* neither can you fay they were undutifull, for they ftrove to
uphold their liege Lord's Sovereignty. Ooubtlefs the people
in thofedays did generally ennbrace (he vulgar erroursand
fuperftitions of the Romrjh Church, and in that refpeft were
Papifts as Well as you ; but they had not learned the new
dodffine of the Pope's Supremacie, and tranfcendent autho-
rity over Kings \ they did not believe he had power to de-
pofc Princes, and difcharge Subjefts of their allegeance, to
abrogate the fundametita-ll Laws of Kingdomes, and to im-
pofe his Canons as binding laws upon all nations, without
their confents : they thought it a good point of Religion
to be good Subje(5l«»tO honour their King,to love their coun-
try, and to maintain the laws and liberties thereof, howfo-
ever in other points they did erre and were mifs-led with the
Church of Rome. * *
So as now (Maftcr LdfdrJ you have no excufe, no evafi-
on, but yourconfcicnee muft condemn you as well as the.
Law ) iincc the Law-tl^keiis inall Ages, and all religious
Paptfis and ProtelUnt$,.docQfl'dcmn you : unlefs you think
youE>
Cak of f r<zmmirt
11
' f
you* fclf wifer then all the Bifliops that were then in E«g-
/a«(^iOr all the Judges who in thofedays were learned in the
Civil and Canon Laws as well as in the Common Laws of
England. But you, being an Irilh mani will fay, perhaps, lamagait^
thefeLaws were made in and that thelrij^ Nati- Provifas
on gave no particular content thereunto,oneIy there was an madeinlrC'
implicite confent wrapt and folded up in generall terms
given in the Statute of lo Hen.";.cap. 22. whereby all Sta-
tutes made in Englandnte etlablilhed and made of force in
Ireland. Aifurediy, though the hrft Parliament held in >
Jre/ii«d was after the firft Law againft Provi/or J made in E«g-
yet have there been as many particular Laws made in
Ireland FrovifioHSy Citationfy BhUi 3.nd Br ever o(thQ
Court of Rome., as are to be found in all the Parliament-Rolls
in England. What will you fay ifin the felf-tame Parliament
of 10 Hen. ja a fpecial Law were made, enafting,
authorizing and confirming in this Realm all the Statutes of
England made againft ProviJorj ? if before this the like
Law were made 22 Hen. 6. cap. 4. and again 28 Hen. 6.cap.
30. fhc like ? and before that, the like Law were made 40
Edtv.^.eap.l^.inthchmous Parliament ol Kilkenny ? if a
Statute of the fame nature were made 7 Edne.^. cap.2. and a
feverer Law then all thefe 16 Edw.^. cap.i^.. That (iich as
purchafe any Bnllt ofProviftoniti the Court ofRome, as fbon
as they have publ-.fhed or executed the fame to the hurt of
any incumbent, fhould .be adjudged traitors > Which A#,
if it be not repealed by the Statute of Queen Mary, may
terrifie Mallet L^/or mote then all the, A&s which are be-
foreremembred.'
But let us afcend yet higher, to fee when the Pope's Ufur-
pation,which caufed all thefe complaint$,began in England, p»pe began
with what fucceile it Was continued,>nd by .what degrees firfltoufurp
itrofeto that height, that it well-nigh overrtopp'd
Crown : whereby it will appear whether"he had gained a cnwnof
circle by prefcription, by a long and quiet poircffion before England.
the making of thefe Laws.
The firll encroachment of the Bilhop q( Rome upon the
liberties of the Crown of England v/ns made in the time of
C 2 King
f "
."li
- y
y
-IIP
11
Sn
i-f.
fc'.
■■'jl
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ii!'
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ill
I'
]iii,
' i'1,1
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'li
; h
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I 2
The Cafe of Prammire.
King William the Conqueror. Fo* before that time the Pope's
Writ did not run in his BnUsof Excommunkatian
and ProvifioH came not thither, no Cttatiomno Appeah weic
made from thence to the Court of Rome. Qur Archbifliops.
did not purchafe their Palls there, neither had the Pope the
A mmpapfon Jfiy^fliture of any of our Eifhoprkks. For it is to be obferved,
that as under the Temporal Monarchy of Rome Britatty was
ifthe ckuuh oneofjhe laft Provinces that was wone, and one of the hrft
with the tern- that was loft again : founder the Spiritual Monarchy of
ford Monax' pQpg pf England was one of the laft Countries of
Chriftendom that received his yoke, and was again one of
' the firft that did reje£l and caft it off. And truly, as in this,
fo in divers other points, the courfe of this Spiritual Monar-
chy of the Pope may be aptly compared with the courfe of
the Temporal Monarchies of the world. For as the Tempo-
ral Monarchies were firft raifed by intrufion upon other
Princes and Commonweals i fo did this Spiritual Prince
^ ( as they now ftyle him ) grow to his greatnefs by ufurping
upon other States and Churches. As the Temporal Monar-
chies, following the courfe of the Sun, did rife in the.Eaft^
and fettle in the Weft ^ fo did the Hierarchy or govern-
ment of the Church. Of the four Temporal Monarchies the
firft two were in Afiayihc latter two in Europe r but the Ro*
man Monarchy did furpaft and fupprcfs them all: So were
there four great Patriarchs, or Ecclefiaftical Hierarchies,
two in the Eaft, and two in the Weft: but the Roman Pa^
criarch exalted himfelf, and ufurped a Supremacy above
them all. And as the riling of (he Roman Empire was moft
oppofed by the State of Carthage in Africa^ ( .tmula Romjt
Carthago j) fo the Council of Carthage and the African
(hops did firft forbid Appeals to Rome^ and oppofed the Su-
piemacy of the Pope. And doth not Danhrs Image, whofc
head was of gold, and legs and feet of iron and clay, re-
prefent this Spiritual Monarchy as well as the Temporal,
whereas the firft Bilhops of Rome were golden Priefts,
though they had but wooden Chalices, and that the Popes
of later times have been for the moft part worldly and
eaith'y-minded ? And as the Northern Nations firft re-
voltcd
The Cafe of Prammire, 15
voltcd from the Roman Monarchy, and at laft brake it in
pieces t have not the North and North-weft Nations firlt
fallen away from the Papacy ?^and are th.y not like in-the
end to bring it to mine ^
But to return to our purpofe *, The Bifhop of Rome be- The Pope had
fore the firft Norm an Conqm^A had no jurifdicSkion in the
Realnn of England^ neithsr in the time of the Britanf^ nor in
the time of the Saxons* Ekutherim the Pope within lefs theBritans^
then 200 years after Cbriji writes to Lucim the Britijh King,
and calls him God'/ Vicar within his Kingdom; which title
he would not have given to that King, if hinrifelf^ under pre-
tence of being God's Vicar-gemraU in earth, had claimed ju-
rifdidtion over all Chriftian Kingdoms.
Pelagim the Monk of Bangor^ about the year 400, being
cited to Romtt refufed to appear upon the Pope's citation^
affirming that Britain was neither within his Diocefe nor
his Province.
After that, about the year 600., AugujUne the Monk was
fcnt by Gregory the Great into England to convert the
tStfxowx to Chriltian Religion i the Bifhops then re-
maining in Wales regarded not his Commiffion nor his
doftrine, as not owing'any duty, nor hiving any depen^
dcncy on the Court of but Itill retained their ccremo-
nies and traditions which they received from the Eaft
1 Church upon the ftrft plantation of the Faith in that Iftand,
being divers and contrary to thofe of the Church of Rome^
which AugufUne did endeavour to impofe upon them.
The like doth Beda write of the IriJJr Priefts and Bifliops. ~
For in the year 660. he reporteth, that a Convocation of
the Clergy being called by Ofmf, there rofe a difpu-
tation between Cdtnan one of our Irijh Saints, then prefent
in that Synod, and Wilfrid i Saxon Prieft, touching the ob-
fervation of E<i/ier', wherein the and Ir;7& Churches
did then differ from the Church of Rome. Colman, for the
celebration of Eafter ufcd in Ireland^ affirmed it was the
fame qmdheatm Ev angel Ji^a Jo inner ^ difcipulm fpecialiter i
Domino dileSnf^ in omnibus quibus frderat Exlefiis eelebr&ffe
kgitur. On the other part Wilfrid alledgcd, that all the
Churches-
tf
I ,M
i
.11
IMI
;f
We
Churches of Chtiftendom did then celebrate Eafler after
the Roman manner, except the Churches of the Brit j»/ and
Pi^x, qui contra totum orhem ( faid he ) fiulto More ptgnant.
Whereunto Colman replied, Miror quart ftultum laberem ap-_
feJIofi in quo fanti Afojioli qui Jitper Vomini recumbere
dignrnfuit exempla fthamur'. Numquid reverendijjimtim fatrtm
nojirum Columham & e]m juccejfores, viros h Deo dileUos, divi'
tikpagmk contraria Japuiffe aut egiffe eredtNdum ? In this
difputafton or dialogue two things may beobferved: firfti
that at this time the authority of the Bifliop of Rome was
of no eftimation in thefe Iflands : next, that the Primitive
Churches of Britany and Ireland were inhitutcd according
to the form and diicipline of the Eaft Churches, and not of
the Weft, and planted by the Difciples of John, and not of
Feier* Thus much for the time of the Britans* For the
Sanons, though King Ina gave.the feier-penee to the Pope,
partly as Almes, and partly in recompence of a houfe crec-
ted in Rome for entertainment of Englijh pilgrims ; yet it is
certain thu Alfred znd Athelftane, Edgannd Edmund, Ca^
mint and Edward the Conftffor, and divers other Kings of
the Saxon race, did give all the Bifhopricks in England
fer annulum & haeuium, without any other ceremony, as the
Emperour and the French King and other Chriflian Princes
were wont to doe. They made al{b fcveral Laws for the
government of the Church : Among others Saint Edward
begins his Laws with this protcftation, that it is his Prince-
ly charge, ut populum Domini, & fuptr omnia fanSam Ecclefi'
am,regat & gubtrmU And King Edgar, in his Oration to his
Englijh Clergy, Ego (faith he) ConftaHtini, vos Petrigla-
dium hahetU: jungamus dtxtrof, & gladium gladio copulemm,
Ut ejiciantur extra cafira leprofi'p & purgetur fan&uarium Do-
mini. So as the Kings of England with their own Clergy
did govern the Church, and therein fought no aid of the
Court of Rome. And the troth is, that though the Pope had
then long hands< yet he did not extend them fo far as Eng'
land, beeaufe they were full of bufinefs nearer home in
drawing the Emperour and the French King under his yoke.
Cut upon the Conquefi made by the Norman, he <appriehen^
■ , ded
TheCafeofPrtemnmre, 15
ded the firfl occafion to ufurp upon the Liberties of the
Crown of England. For the Conqtteronr came in with the "f
Pope's Banner, and under it wone the battel which got him crown^Tegan
the garland : and therefore the Pope prefumed he might in the time of
boldly pluck fome flowers from it, being partly gained by KingWilliam
his countenance and blcfling. Hereupon he fent two Le- Conque-
gates into England^ which were admitted and received by , '
file ConquetoHr* With them he called a Synod of the Cler- By fending
gy, and depofed old Sttgand Archbifhop of Canterburyy be- Legates inta
caufe he had not purchafed his Pall in the Court of Kome i
he difplaced many Bi&ops and Abbots to place h\s Normans '
in their rooms. And amongft the reft it is to be noted^ that
the King having earneftly moved Wol^an Bifliop of Wor^
cc/fer, being then very aged, to give up his Staff, his anfwet.
Was, that he would give up his Staff onely to him of whom
he firft received the lame. And fo the old man went to
Saint E^B?<ird's Tomb, and there offered up his Staff and
Ring, with thefe words. Of thee^ 0 holy Edward^ I received.%
my Staff and my King^ and to thie I do nova fHrrender'the fame
again. Which proves, that before the Norman Conqueft the
King did inveft his Bifhops per annultmiacttlum, as I fard
before.
Thus we fee, by the admiffion of the Pope's Legates, the
firft ftep or entry made into his ufurped jurifdiftion in
land. Albeit the King flill retained the abfolutc power of
invefting Bifhops, and feemed onely tb ufe the advice and
afOffance of the Legates in Ecclefiaifical matters \ for that
no Decree pafled or was put in execution without his Royal
affent thereunto. Befides, how far forth he fubmitted him-
felf to the Pope, it appearcth by a fhort Epiftle which he
wrote to Gregory the 7. in this form. E>teelIeHti0ino SanHs^^'
Ecclefi£ Pajlori, Gregorio^ gratia Dei Anrglorum Rex & DuX
NormaHmrHm WtHitlmm falutem cum amkitta. Hubertus Le' ~ i ^
gatm ium-i Religiofe Paler^ ad me veniens ex tua parte me ad-
monuitj ut tihi ^ fiiccefforlhus tuk fdelitatem facerem^ & de
peeunia quam anteceffores mei ad Romanam Ecclefiam mittere '
folehant melius eogitarem* Vnum admifij dterum non admifi::
^ideHtatm facm noM) me volot quia mc ego promtfi, nte ante-^
' ' eejjores^
15
i
In the time ®/
William Ru-
fw the Pope
attempted tp
dran? Appeals
to Rome^ but
prevailed not.
Jn the time if
K. Henry the
frft the Pope
nfurpeth the
donation of
Bifiioprikks^
tbe.
The Cafe of Pr^mmire,
c^JJores tneos antecejforibm tuit id fecijfe comperio* Tecunia
hue fere annky in GaUiis me agentZy mgligenter coHeSaeft:
nptne veto divinh mifericordia me in Kegnum meum reverfoy quod
coUeSttm eji per prdfaium hegatum mittetur \ & quod reliquum
per Legates Lanfranci Archiepifcopi fidelk no(lriy cum oppar*
tUHumfueriti tranjmittetury &c» ?
But ni the time of his next Succeilbur King William Ru/uf
they attempted to pafs one degree farther, that is, to draw
Appeah to the Court of Rome, For Anfelme being made
Archbifhop of Canterbury, and being at feme diiference with
the King, befonght his leave to goe to under pretence
of fetching his Pali. The King, knowing he would appeal
to the Pope, denied him leave to goe, and withall told him,
That^none of his Bifhops ought to be fubjc(ft to the Pope,
but the Pope himfelf ought to be fubjcft to the Emperour >
and that the King of England had the fame abfolute liber-
ties in his Dominions as the Emperour had in the Empire •,
and that it was an ancient cuftome and law in England^ ufed
time out of mind before the Conqueil, that none might
appeal to the Pope'without the King's leave > and that he
that breaketh this law or cuftome doth violate the Crown
and dignity Royal, and he that violates nHiy Grown ((aith
he 3 is mine enemy, and a traitour. How anfwcr you this,
quoth the King? ChriA himfelf anfwcrs you, faith the
Archbifliop^ Tu es PetruSy & fupet banc petramy &c. Where-
with the King was nothing fatishcd. And thereupon
felme departing out of the Kealtn without licence, the King
feized his Temporalties, and became fo cxafperate and im-
placable towards the Bilhop, as he kept him in perpetual
exile during his Reign, albeit great intercellion were made
for his return, as well by the Pope as the King of France,
In the time of the next King He«. i. though {i? were a
learned and a prudent Prince, yet they fought to gain a far-
ther point upon him, and to pluck a flower from his Crown
of greater value, namely the Patronage and Donation of
Biihopricks, and all other Benefices Ecclefiafttcall. For An-
felme being revok'd and re-eflabliflied in the See of C<s»ter-
bury^ the Biihopricks of Salisbury and Hereford fell void,
which
The' Cafe of Pr^mmire. 17
which the King browed on two of his Chaplains. But
Aitfelme their Metropolitan did refufe to confecrate them,
fo as the Archbifiiop of Tork, was fain to perform that Of-
fice,who w.th the chiefofthe EngUjh Clergie ttood with the
King, and withftood Anfelme* Hereupon the King requires
hitn to doe his homage : the Bifhop denies it. The King de-
tnandsof him whether the patronage and inveliitureofall
Bifhopricks were not his rightfull inheritance : the Bifliop
faid it was not his right,becaufe Pope Vrbm had lately made
a Decree that no Lay perfon (hould give any Ecclefiafticall
Benefice. This was the hrft queflion that ever was made
touching the King of England*s right of patronage and do-
nation ofBifhopricks withiti his dominions. Thisnew quefti-
on caufed many melTages and embaffages to Korne. At laft lenfit M S.
the King writes plainly to the Pope, Notum habeat Sandi- •
tof vejita^ quod me vivente ( Deo auKiliante) dignitates & ufus
regni noftri mn mimentur^ & ft ego ( quod abfu) in tanta me
direSione poneremy magnates met, imo totius Anglix populus id
mUo mido paSeretur. Bi(idcs.^fP^i!liam de Warrenajlyihe King's
procurator in the Court'of told the Pope that the King
would rather lofc his Kingdome then he would lofc the do-
nation of Bifhopricks. The Pope anfwered. Know you
precifely, Sir, Ifpeak it before God, that for the redemption
of my head I would not fuffer him to enjoy it.
After this being received into the King's favour,
in a Synod of the Englifh Clergie holden at London in the
year 1107. a Decree was made, Cut anmit Rex Henrkusf^ith
Matt hp PariSy that from thenceforth nunqnam per donationem
Baculi Paftoralis vel Annuli qutfquam de Epifcopatu vel Ahba^ "
thia per Regem, vel qaamlibet laicam manum^invefiiretHv in An-
glia. In recompence whereof the Pope yielded this favour
to the King,^ that thenceforth no Legate fliould be fent
from the Pope's fide into England, unlefs the King required
it i and that the Archbifiiop oi Canterbury for the time
being fhould be for ever Legatm natm: and Anfelntt, for
the honpur of his Sec, obtained, that the Archbifhop of Can'
terbury fhould in all gcncrall Councils fit at the Pope's foot
tanquam aherim orbit Fapa» Notwithftandingi as the fuc^ ^
' D cceding
i8 The Cafe of Pr^mmire,
ceeding Popes kept not their promife touching the fending
' of Legates, fo this felf-fame King, after the death of /in-
p/f^e^broke the Decree touchifig the inveliiture of the Bi-
^ Ihops. For he gave the Archbi{hoprickofCj;«tfr^«r)/to Ro-
dolph Bifhop of faith Paris^ Et ilium per Annu*
lHm& Pafioralem Bamlum inveftivit \ as before he had in-
vefied WiUulmum Giffard in the B (hoprick of Wimheftett
contr^anovi Concilii ftatuia i as the fame Authour repor>
teth.
Inihe time The times of the next fucceeding King Stephen were full '
^KingSte- of Civil diflenfions, 'which made the land well-nigh waftc,
fhen the Pope (jj Peter't Succcffour could not take any fifla infuch
fZu ttttie waters. Yet during this King's reign they wone
Courref that point of jurifditSfion which they attempted to get, but
Homey failed thereof, in the time of King IFiUiam Rufns > namely,.
That Appeals might be made to theXourt of .^owe. - For in .
a Synod at Loudon fummoned by HeHr.^\{hop of ff^inchefter^
the Pope's Legate, it was decreed. That Appeals (hould be
made from Provincial! Councils to the Pope. Before that
time 'Jppetitionet in uju non faith a Monk of that time,
donee Henriittr Winton. Epijiopus male Jito-, dum Lezatus ejfet,
crndeliier irttrnfit. Thus did the Pope ufurp three main
points of Jurifdii^ion upon three feverall Kings after the
Conqueif, (for of IViUiam Rufns he could win nothing : )
namely, upon the Conquerour, the fending of Legates or
Commiffioners to hear and determine Ecclehafticalt caufes >
upon Hr». I. the Donation and Inveliiture of Bilhoprick^
and other Beneikes i upon King Stephen, the Appeals to the
Court of Rome.
Jitthetime Now are we come to King Hew. 2. in whole time they
of K.Henry made a farther encroachment upon the Crown, whereby
s. the Pope tjj^y endeavoured to make him but half a King, and to take
emuian oP away half his Sabjcfts, by exempting all Clerks from Seen-
clerks from, lar power. Hereupon rofe that long and great contention
the Secular between King Hen. 2. and "fhomeis Beekft, which on Beckft*s
pwer, behalf may be rightly termed rebellion and trealbn ; the
}ufl caufe and ground whereof was the lame that made the
late dlBeicnee between the Pope and the Ventthnr. For a
Pricft
TheCafrof^r^mmk^^ 19
Fried had committed a foul mutther,and being thereof in- , ^
di^ed and convi<Sed,prayed the benefit of his Ckrgieiwhich
being allowed untohirn, he was delivered to the Bifliop of tronblesor
Saluburyy being his Ordinary, to make his purgation: r^rAerfrc/f-
which the tnurthcrer failing todoe.ihould by the Law have/^"'*
been degraded, and delivered back to the Secular power.
But the Bithop contemning the Law of the land, to enlarge
the liberties of the Church, fent his prifoner to Ihotnag
Btcks* then Archbilhopof Canterbury, who fliifted him into
ah Abbey,and fo refcued him from the capital puniihment
he had juftJy dcfervcd.
This gap of impunitie being once opened, the Ciergie
grew fo outrageous, as the King was informed of a hundred
rriurthers committed by Clerks,and yet not one of them exe- '
cuted for the fame » for that the Atchbifiiop had protected,
them all after the fame manner.For this the King was juflly The Ctnfii-
incenfed againftthe Atthbilhop,who juftified his doing here- tutmsef
in. whereupon a common Council as well of the Bifliops as of Clarin^dott.
the Nobility, was called^wherein they did revive and re^efta*
blifli the ancient laws and cufiomes of the Kingdome for the
government of the Ciergie, and ordering of caufes Ecclefia>
fticall, whereof thefe were the principal Heads or Articles.
1. That no Bifhop nor Clerk fliould depart the Realm
without the King's licence > and that fuch as obtained li-
cence fliould give fureties that they fliould procure no hurt
or damage to the. King or Realm during their abfence in
forrein parts.
2. That all Bifliopricks' and Abbeys being void fliould
- remain in the King's hands as his own demefnes , untill he
hadchofen and appointed a Prelate thereunto > and that e-
very fuch Prelate, fliould doe his homage to the King4^.fqre
he were admitted unto the place. •. '-j . . i V .
3. That. Appeals fliould be made in caufes Ecclefiaflicall
in this manner : from the Archdeacon to thCj Ordinafy,
from the Ordinary, to the Metropolitan , from'the Metro-
politan to the King,and no farther. ,
4. That fliould, be; paid nq more to JPope»
but to the Kinjg^ ! S r
- D a ' 5. That
The Cafe of Pr^munire.
$. That if any Clerk fliould fiommit Felony, he (hould be
hanged i if Treafon^he (hould be drawn and quartered.
6. That it (hould be adjudged-high Treafon to bring
in Birff/of ExsommunicatioH whereby the Realm ihould be
cutfcd.
7. That no Decree (hould be brought from the Pope to
be executed in England^ upon pain of imprifonment and
cbnfifcation of goods.
To thefe and other Conftitutions of the like nature made
Claringdon the reft of the BifhofS and great men did
fub(cribe,and bound themfclves by oath to obferve the fame
abfolutely i oncly the Archbifliop would not (ubfcribe^and
fweat, but with a Savings falvj fm ordine & honore fanUd Ee-
clefia: yet at lafthe was content tomake the like abfoiute
Subfcription and Oath as the rett had done, but prefently
he repented i and to (hew his repentance fufpended himi_
felf from celebrating MafTe, till he had received abfolution
from the Pope. Then he began to maintain and juftifie the
exemption of Clerks again > whereat the King's difplea-
fare was kindled anew: and then the Archbiihop once a-
gain promifed abfoiute obedience to the King^s Laws. (See
the ficklenefs and mutability of your conftant Martyr.) The
King, to bind faft this (lippety PmeM/, called a Parliament
of the Bi(hops and Barons, and fending for the Roll of thofe
Laws, required all the BKhops to fet their Seals thereunto.
They aH alTented but the Archbi(hop, who protefledhe
would not fet his Seal, nor give allowance to thofe Laws.
The King,being highly offended with his rebelliousdemea-
nout, required the Barons in Parliament to give Judgement
of him, who being his Subje^ would not be ruled by his
Laws : Citdfacite mthi jufiitiam de iUo^ qui homo meus ligens
tfij&Jlare Juri in Curia mearecufat. Whereupon the Barons
proceeding againft him, and being ready to condemn him
Iprohibit you (quoth the Archbifhop) in the name of Al-
mighty God to proceed againft me, for I have appealed to
the Pope i and fo departed in contempt of that high Court,
OfMHthui ilafnaHtibusyCiith HovedfHy ffogrederif^prodifor?
& audi ludmum tHum* After this he lurked fecret-
^ ' " ly
TheCafeofPr^mmire,
ly ncer the Sea-fliore, and changing his apparell and name
(like a Jefuit of thefe times,) he took (hipping with a pui:^-
pofe to fly to Rome : but his paflagc being hindered by con?-
traiy winds,he was fummoned to a Parliantient at Norshamp'
torn where he made default wilfully > for which contempt
his Temporaltics were feized,and his body being attach'd,
he was charged-with fo great an account to the King, as
that he was found in arrcar thirty thoufand marks, and
comrrjitted to prifon i whence he found means to efcapc
(liort^y after , and to palTe out of the Realm to Rome*
was no fooner gone, but the King fends Writs to all the
Sherifs in England to attach the bodies of all fuch as mad«
any Appeals to the Court of Rome. Hereupon many mcf-
fages and letters paffing to and fro, all the Suffragans of
Canterbury joyn in a letter to the Pope, wherein they con-
demn the fugitive Archbifhop, and juftirie the King's pro-
ceedings. Upon this the Pope fends two Legates to the
King being then in Ndrmattdy^ to mediate for the Arch-
bifhop. They,with the mediation of the Fretteb King, pre-
vailed fo far with King Henrys as that he was plcafed to
accept his fubmiflion once again, and promifed the King of
France, that if he would be obedient to his Laws, he fhould
enjoy as ample liberties as any Archbifhop of CaHterbHry ever
had : andfofent him into England with recommendation
unto the young King his Son>, then lately crowned > who,
heating of his coming, commanded him to forbear to come
to his prefencc, until] he had abfblvcd the Archbifhop of
and others, whom he had excommunicated for per-
forming their duties at his Coronation. The Archbifhop re-,
turned anfwer, that they had done him w;rong in ufurping
h'ls office j yet if they would take a folemn oath to become
obedient to the Pope's commandment in all things conccr-
ning the Church,he would abfolve them. The Bifhops un-
derifanding this, proteffed they would never take that oath
unlefs the King willed them fo to doe. King Henry the Fa--
t her being hereof advertifed into France, did rife into great
paffion and choler, and in the hearing of fbme of his fervants
Uttered words to this efTe^f > WiU na man revenge me ef mine
. enemies
^2
The .Cafe of Prammire.
, e»e«iei ? whereupon the 4 Gentlemen named in the Stories
' of that time paffed into England, and firft moving the Arch-
bifhop to abfolve the Bilhops vihom he had excommunica-
* ted for performing their Duties at the young King's Coro-
ration, and receiving a peremptoiy anfwer of denial! from
the Archbifhop, they laid violent hands upon him, and flew
' him ; for which the King was fain not onely co fuffer cor-
poral penance, but in token of his humiliation to
kiffe the knee of the Pope's Legate. And this is the a-
bridgement of BeckeOs Troubles, or rather Treafons, for
which he was celebrated for fb famous a Martyr. And (hus
Four points^ you fee by what degrees the Court of Rome did within
efjurifdinion fpace of one hundred and odde years ufurpupon the
Crown of England four points of Jurifdictiion. Viz*
InC CrOJf'U Of - r* • t-» » i ri-'ia
England by Firft , fending out ot Legates into England. Secondly,
the Pope be- drawing of Appeals to the Court of Rome* Thirdly, do-
ftre themgn nation of Bifhopricks and other Eccleltafiicall Benefices.
ej Kjohn. fourthly, exemption of Clerks from the Secular pow-
' er. And you fee withall how our Kings and Parliaments
have from time to time oppofed and withffood this unjuft
Ufurpation*
Now then the Bifhop of Rome having claimed and^ wel-
nigh recovered full and fole jutifdit^ion in all caufes Ecck>
fialiicall, and over all perfons Ecclefiafiicall, with power to
difpofe of all Ecclefialficall Benefices in England, whereby
lie had upon the matter made an abrolute conqueft of more
then half the Kingdome,( for every one that could read the
Pfalm of Miferere was a Clerk, and the Clergie pcfTefled
the moietie of all temporal! poffellions,) there remained
nownothingtomake him owner and proprietor of all, but
togctafarrcnderoftheCrown, and to make the King his
Farmer, and the people his Villains, which he fully accom-
~ plifhed and brought to paftc in the times of King John and
of Hen* 3.
thetaufetf i The quatrcll between the Pope and King John, which
the quarrellv wrcfted the Scepter out of his hand, and in the end brake
heart,began about the Eledion of the Archbifhop of
Canterbury* I call it Eleftion, and not Donation or Inveffi-
ture:
^heCafeofVrammire. 25
fure ; for the manner of inverting of Bifliops by the Staffe
and Ring after the time of King Hen. I. was not any more
ufcd, but by the King's licence they were Canonically c-
le<%ed,and being eletfted, the King gave his Royall aflent to
their ele^ion, and by reftitution of their Temporalties did
fully inveft them. And though this courfe of cledion began
to be in ufe in the time of R'ch i. and Hen. a. yet I tind it
not confirmed by any Conftitution or Charter before the
time of King jfojbw, who by his charter dated the fifteenth
o( January^inth^ lixteenth year of his Reign, granted this
privilege to the Church of England in thefe words, viz* When Cano^
^odqualifcunqueconfuetudotemporibuipradecejforumnofirorum
ha&enus in Ecclefta Anglicana fuerit obfervatay &*^uidqmd
juris nobis haSenus vindic werimus^ de cafera in univerfis &*
fingulis Ecclefiis & M nafleriisy Cathedralibus & Conventual
libus toftus regni Anglia liberie fint in perpetuum eledhnes _
quorumcumque Praiatorum^majorum & minorum. Salva nobis
^ hdredibus noftris euftodii Ecclefiarum & Monafteriorum va-*
cantium qua ad nos pertinents Promiuimus etiam quodnec im*
fediemus necimpediri permittemus per miniftros nojiros^ nee pro-*
curabimus, quin in univerfis & fingulis Monafteriis & EcclefiiSi
pdftquamvacuerinipralatura, quemcunque voluerint libere fibi'-
pfdficiani eleHores Pafiorum^ petitb iamen a nobis priks. & ha--
^ redibus noftris Ucentih eligendiy quam nan demgabimus nec dif^
feremus* Etfimiliter^ pofi celebratam eleQionem^ mfter requi-
ratur ajfenfus^ quern non denegahtmuSy nifi adverfus eandem ra^
iionale propofuerimuSy & legitime probaverimus propter quod noH-
debemus confentirey &ۥ
But to return to the caufe of his great quarrell with the
Pope. The Sce of Canterbury being void, the Monks of
fuddenly and fecretly without the King's licence
elet^edone Reignold their Subprior to be Archbiihop, who
immediately ported away to be confirmed by the Pope. But
when he came there, the Pope rejefted him, becaufe he
came not tecommended from the Ring. Hereupon the
Monks made fuit to the Ring to nominate (bmc fit perfon
to whpte elcAion they might proceed. The Ring com*
mends John Gray Bilhop of Norwhht his principal! Coun-
fcllour,
\ I
2-4
The Cafe of Pnemunire,
/
fellour, who was afterward Lord Juftice of this Kingdomc,
who with a full confent was clewed by them, and after-
wards admitted and fully invefted by the King. Thefe two
eledlions bred fuch acontroverlic as none might determine
but the Pope, who gave a fliort rule in the cafe, for he
pronounced both elcdions void, and caufed (bme of the
Monks of who were then prcfent in the Court
o( Romey to proceed to the election of Stephen LangtoHy late-
ly made Cardinal at the motion and fuif of the French King:
who being fo eleded was forthwith confirmed and confecia-
ted by the Pope, and recommended to the King of England
with a flattering Letter,and aprefentoffourRings fet with
King Johti's precious ftones, which were of great value and eftitnation
Toundand jn thofe days. Howbcit the King more efteeming this
n'the^F^e"^ Jewell of the Crown, namely, the Patronage of Bilhopricks,
returned a round and Kiiigly anfwer to (he Pope, That in-
confideratcly and rafhly he had cafled and made void the
cle(£fion of the Bifhop of Norwich, and had caufed one
LangtoHi a man to him unknown, and bred up and nou-
rifhed amongd his mortal enemies, to be confecrated Arch-
bifhop, without any due form of election, and without his
Royal affent, which was mod of all rcquihte by the ancient
laws and cuftomesof his Realm. That he marvelled much,
that the Pope himfelf and the whole Court of Kome did not
confider what a precious account they ought to make of
the King of England's friendfhip, in regard that his one
Kingdome did yield them more profit and revenue then all
the other countries on this fide the To conclude,
he would maintain the liberties of his Ctown to the dea h,
he would reftrain all his fubjc^s from going to Rome. And
fince the Archbifhops, Bifhops and other Prelates within
his dominions were as learned and religious as any o-
ther in Chriftendome, his fubjetfts fhould be judged by
them in Ecclefiafticall matters, and (hould not need to
run out of their own country to beg Jujiiee at the hands of
jlr anger/•
But what followed upon this ? The Pope, after a fharp
reply, fcndcth forth a Bull of Maiedidionagainft the King,
and
Cafe
Yxmumre, 2 j
and of Interdi(3:ion againft the Realm, whereby all the tlieFope
Churches in England were (hut up, the Priefts and Religious
perfons were forbidden to ufc any Liturgies or Divine fer-
vice, to many, tobuiyi or to perform any Chriftian duty the Realm,
among the people. This put the King intofuch a rage,
that he on the other part feized the Tcrhporalties of all Bi-
(hops and Abbots, and confifcatgd (he g09ds of all the
Clergie, Then doth the Pope by a folemn fcntence at
J^ome depofc the King, and by a Bull lent into EnglanddiC^
chargeth his fubjeds of their allegeance, and by a Legate
fent to the King of France gave the Kingdome of England
to him and his fucceflburs for ever.
Thefe ihhigs brought fuch confufion and miferie to all e-
ftates and degrees of people in Effgland^ as the King became ^
odious to all his fubjeSi's, as well to the^'Laietie as to the
Clergie. For ,as the Bifhops and religious people curfed him
abroad, fo the Barons took arms againft him at home, till /
with much bloudflied they forced him, by granting the
Great Charter,toleRote King Ednfiird's Laws containing the
ancient Liberties of the fubjetSts of The Pope be-
ingafpcdfator ofthis Tragedy, and feeing the King in fo
weak and deTperate eftate, feiTt a Legate to comfort him, ^ v
and to make a reafonablt motion unto him > to wit, that
he Ihould furrender and give up his Crown and King-
dome to the Pope, which (hould be re-granted unto him
again to hold in Fee-farm and Vaffabge of theChurchof
Rome: And that thereupon the Pope would bielTe him and ~
his Realm again, and curfe his rebells and enemies in fuch
fort, as he (hould be better eftablifht in his Kingdome,then
he was before. In a word, this motion was prefently em-
braced by that miferable King> fo as with his own hands
he gave up the Crown to the Pope's Legat, and by an In-
ftrument or Charter fealed with a Bull or Seal of gold he
granted to God and (he Church of the Apoftles Peter
and Paul^ and to Pope Innocent third and his fucceffours, . ^
the whole Kingdome of England, and the whole Kingdome
of Ireland i and took back an cftate thereof by an Ihftru-
ment fealed with Lead, yielding yearly to the Church of
-E * Roms
The Cafe of Vrmmm,
Romtovtt above the Peter-fence z thouland marks ftet-
ling,v/«. feven hundred marks for aind three hun-
dred marks for Ireland,with a flattering faving of all his U-
berties and Royalties. The Pope had no (boner gotten this
conveiance, (houghit were void inlaw^but he excommuni-
cateth the Barons, and repeals the Great C&^irter, affirming
that it contained liberties too great for his fubje(fts > calls
the King his Vaffall,and thefe Kingdomes Saint Peter s P
trimony h grants a general Bull ofProvilion for the bellow-
ingot all Ecckikfticall Benefices, and takes upon him to
be abfolute and immediate Lord of all. And thus, under
colour of exerciiing jurifdiclion within thefe Kingdomes,^
the Pope by degrees got the very Kingdomes themfelves.
And fo would he doe at this day, if the King would give
way toh's Jurifdiclion. -
But what ufe did the Pope make of this grant and fur-
render of the Oown unto him ? whit did he gain by it,
if our Kings retained the profits of their Kingdomes to their
own ufe/' Indeed we do riot find that the tee farm of a
thoufand marks was everpay'd, but that it is all run
in arrear till this prefent day. tor the troth is, the Court
of Rome did fcorn to accept lb poor a revenue as a thoufand
, marksprr annum owioi two Kingdomes. But after the
death of King during all the reign of hisfbn,
the Pope, did not claim a Seignioury or.^a Rent out of Eng"
land and Ireland^ but did endeavour to convert all the pro-
fits of both Lands to his own ufe, as if he had been feized
ofall in demcfne. For whofoever will reade Paris
his (lory of the time of King Hen* 3. will fay thefe things
fpoken of before were but the beginnings of evils» For the
cxa6i:ions and oppreflions of the Court of Rome were (b con-
tinualland intolerable, as that poor Monk, who lived in
thofe times, though othcrwife he adored the Pope,doth call
England Baalam s Ajfe louden ^ beaten, and enforced to
fpeak ) doth call the Court of Rome Charybdis and har^"
thrum avaritia, the Pope's Colledtors Harpyes, and the Pope
himfelf a Stepfather, and the Church of Rome a Stepmother.
He (heweth thu two third paits of the Land being then
- in.
The Cafe of Pr^mmire,
in the hands ofChurch-rhen, the entire jprofits thereof were
exported to enrich the Pope and the Court of Rome which
was done for the moft part by thefe two ways and means.
Firft, by conferring the beft Ecclefiafticall Benefices upon
Italian!, and other Strangers reiident in that Court, whofe
. farmers and faiftors in England took the profits, turned
them into money, and returned the money to Rome- Se-
condly, by impoling continuall taxes and tallages, ( worfe
then Irilh cHtiingt) being fbmetimes the tenth, fometimes
the fifteenth, fometimes the third, fometimes the moietie
of all the goods both of the Clergie and Laietie, under co*
lour of maintaining the Pope's holy wars againft the Empe- ^
rour and the Greek Church, who were then faid to be in
tebellion aganfi their Lady and miftrefle the Church of
^ome.BefideSjfor the fpeedy levying and fafe return of thefe
moneys, the Pope had his Lombards and other Italian Ban-
kers and Ufurers refident in London and other parts of the
Realm, who offered to lend and disburfe the moneys taxed,
and return the fame by exchange to^^me, taking fuch penal
Bands,the form whereof is fet down in Matib. Paris ^ and
fuch exceflive Ufury,a« the poor Religious houfes were fain to
fell their Chalices and Copes, and the reft of the Clergie
and Laiety had their backs bowed and their eftates broken
under the burthen. Befides, the Pope took for perquilites "
and cafualties the goods of all Clerks that died inteftate,
the goods of all Ufurers', and allgoOds given to charitable'
ufes, Moreoverhe had afwarm of Friers, ( the firft cor-
rupters of Religion in who pcrfwaded the Nobi-
lity and G:ntric to put on the iign of (he Crdffe , and to
vow themfelves to the Holy .wars i which they had no foo-
ner done, but they were ag^in perfwaded to receive dif-
penfations of their vows, and to give'^ifiony'for the fame
. to the Church o( Rome. I omit divers other policies then
ufed by the Pope's Colle<^ors to exhauft the wealth of the
Realm, which they affirmed they might take with as good
a confcicnceas the Hebrews took the Jewells of the Egyp-
iian/,-' Bticfly , whcrtds the King' Had fcarce itrcafls to
maintain'his Royall fanrily, they reCieiv^ out of England
E 2 feventy
J 3 The Cafe of Tr^mmire,
feventy ihoufand pounds fteriing at leaft yearly , which
mounteth to two hundred and ten thoufand pounds llerling
of the moneys currant at this day. Befides, they exported
fix thoufand'marks out of /rc/daJat onetime, which the
Emperour Frris/mci^intercepted. Lalfly, the King.himteif
was fomuch dejefted, as at a Royal Feaft he placed the
Pope's Legate in his own Ghair of State, himfelf fitting on '
hi.s right hind, and the Bifhopof Xtyri^on his left, nonfint
muliorim obUquqntibHs ociilky (With Mattb.Paris*
V Thus we fee the effeit cf the Pope's pretended Jurifdidii-
on within the dominions of the Kuig of England* We fee,
to what calamity and fervitude it then reduced boththe
Prince and people. Was it not therefore high time to meet
and oppofe thofeinconveniences ? AfTurcdly i£»King Edw*t*
who was the Son and heir of had inherited the weak-
nefs of his Father, and had not relilied this Ufurpation and
infolencie ofthe Courtof i?(7we, the Pope had been propri-
ctor of both thefe Hands, and there had been no King of
this day^ / . ^
King Edw.i. Silt King Edward I. may well be Hyled vindex Anglica li' '
oppifeih the bertattJy the Mofes thit delivered his people from flavery
Fopfs Vjur- and oppreflion : and as he was a brave and victorious Prince,
patm. PaterpatrU that ever reigned in England
fince the Nbrman Conqueft, till the Coronation of our gra-
cious Sovereign. At the time of the death of his father he
was abfent in the war of the Holy land, being a principal
Commander of the Chriftian Arrnie there, fo as he returned
not before the fecond year of his reign. But he was no
fooner returned and crowned, but the firft work he did was
to ftiake ofFthe yoke of the Bifhop of For the Pope
having then fummoned a generall Council, before he would
licence his Bifhops to repair unto it, he took of them a fo- .
kmn oath, that they fhouM not receive the Pope's bleffing.
Again, the Pope forbids the King to war againil Scotland h
the King regards not his prohibition : he dcma.nds the
Firft-fruits of Ecclefiafticall Livings j the King forbids the
payment thereof unto him. The Pope^ fendeth forth a ge-
neial Bull prohibiting the Clergie to pay fubfidies.or tributes
■' - . to
The Cafe of Pr^mmire. 29
to Temporal Prince^ A Tenth was granted to the King
in Parliament, the Clergie refufed to pay it: the King fei-
zeth their TcmpoTaltics for their contempt, and got pay-
iTjcnt notwithftanding 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 pofliffions of the King-
dome, &c. Again , one of the KingVfubje(^s brought a
Bull of Excommunication againft another i the King com-
mandcth he (hould be executed as a traitour, according to
the ancient Law. But becaufe that Law hid not of long
time been put in execution, the Chancellour and Treafurer
kneeled before the King, and obtained grace for him, foas
he was onely banifhcdout of the Realm» And as he judged
it treafon to bring in Bulls of Excommunicatioa •, fo he held
it a high cpntempt againft ihe Crown to bring jn Bulls of
Frovifion, or Briefs of Citation, and accordingly jhe Law
was fo declared in Parliament 25 Edre. i. which was the
firlt Statute made againlt ; the execution of which ' ^
Law, during the life of King Edm* i.-did well-nigh abolifli
theufurped Jurifdic^ion of the Court of Rome^ anxldid re-
vive and reftore again the ancient and abiblute Sovereign-
fy of the King and Crown of England.
His SuccefTout K. Edw. 2. being but a weak Prince, the E.2.^ffe-
Pope attempted to ufurp upon him again ; but the Peers
and people withftood his Ufurpation. And when that un-
happy King was to be depofed, amongft many Articles fra-
med againft him by his enemies , this was one of the moft
hainous, that he had given allowance to the Bope^s Bulls.
Again, during the minority of King Edm, 3, and after
that in the heat of the wars in France, the Popefent many
Briefs and Bulls into England > and at laft prefumed fo far,
as that he gave an Italian the title of a Cardinall in England^
and withail by his Bull gave him power to beftow all Ec-
ckfiatticall promotions as they (hould fall void from time to
time. This moved the King and the Nobility to write to
the Pope to this efTe^ : ." We and out anccftours have rich-
'My endowed theChurchrpf England, ^nd have founded Ab-
o
c
The Cdfe of Frdsnmnire.
the ^fuYpa'
tion oj the
beys and other Religious boufes for the jurifdidion of out
" people,^ for maintenance of hofpitalitie, and for the ad*
" vanccment of our countrymen and k infrhen. Now you pro-
J' vide and place ftrangersin our Benefices, that come not
" to keep refidence thereupon •) and if they come, under-
" ftand not out language i and fome of them are fubjedls
" to our mortal enemies; by reafon whereof our people
ate not inftru^ed, hofpitalitie is not kept, our Scholars
" are uftpreferred, and the Treafure of the Realm is expor-
ted. The Pope rcturneth anfwcr. That the Enbperour
liad lately fubmitted himfelf to the Church of Rome in all
points, and was become the Pope's great friend •, and in
' menacing manner advifed the King of England to doe the
like. The King replies, That if the Emperour and French
Kingboth fhould take his part, he was ready to give bat-
tell to both in defence of ttxe liberties of his Crown. Here-
upon the feverall Statutes againft Provifors before recited
were put in execution fofeverely, as the King and his fub-
jedls enjoyed their right of patronage clearly ; and their
exemption of Clerks took no place at alU for that the Ab*
hot of Wahham 3nd Bithop o( fFinchefier wcti both attain-
ted of high contenf)pts,and the Bifliop of Ely of a capital of-
fence^as appcareth in the Records of this King's reign. Yet
King Rich,2, nonage of Richard a.they began once again to en*
croach upon the Crown, by fending Legates and Bulls and
Briefs into Ewg/jwdj whereof the people were fo fenfible and
impatientjas that at their fpecial prayer this Law of 16 Kicfe.
2.(whereupon our Indicftment is framed)wascna<Jfed,being
more (harp and penall then all the former Statutes againit
Provijort.knd yet againft this King,as againft Edw.%. it was
obje^ed at the time of his Deprivation, thathe had allowed
the Pope's Bulls to the enthralling of the Crown.- •
After this in the weak time of Km^^Hen- 6. they made
one attempt more to revive their ufurped Jurifdiidtion by
- this policy; The Commons had denied the King a Subfidy
when he ftood in great want of moneys. The Archbilhop
o( Cant ^bury znd the reft of the Bifhops offered the King a
large fupply of his wants if he vs^ould cohfcnt that all the
Laws
t
The Cafe of Pr£mHmre, ji
✓ _ V
Laws againft Proz'i/Jr/, and fpecially this Law of i6 Rich. 2.
might be repealed. E\xt Hiimphrey Duke of Glomefter, who
had lately before caft the Pope's Bull into the fire, did like- .
wife cauic this naotion to be rejefled. So as by fjpecial pro-
vidence thefe Laws have flood in force even till this day in
both thefe KingUonaes.
Then the Atturney general! defccnded to the evidence. Tie Evidenci
whereby he "proved fully all the parts of the Indiblment. "gainfi Lakr.
Firft, it was proved by Li/^r's own Confeflion, upon feve-
rail Examinations taken before the Lord Deputie and Lord
Chancellor and others, that he had accepted the Office and
title of Vicar-general in the Diocefes of Vubl'm, KHdare and
Fernes'i by virtue of the Popc^s Bull. Secondly, it appeared
by the copies of fundry Lettersfound among his papers at
his apprehenfion, that he ftyled himfelfthe Pope's Vicar, in
this form, Robertns Duhlinien* & Kildaren* d" Fernen* T>ice:ef
Vicarim Apajiolicm. Thhdly, there were produced the co-
pies of divers Adis and Inliruments^ written for the moft •
part with Lalor^sowa hand, fbme of Inftitutions of Popiflir
Priefts to Benefices, others of Difpenfations with Marriage
within the degrees,others of Divorces, others of Difpenfati^
ons for non-payment of Tithes, whereby it was manifelfly
proved that he did execute the Pope's Bull, in ufurpingand
exercifing Epifcopall jurifdiftion as Vicar-generaU of th;
See Apoftolick within the Diocefes before named.
To this evidence he made a threefold anfwcr. Firll, That
he was no fiiiter for the office of Vkar'generahhxxt. it was im-
pofedonhitn, and he accepted virr»re ohedientia, .one\y to-
obey his Superionrs. Next, That he did exercife the office
ofVicar-generaUinforo confcienti^ tantum ^ and not in foro]ii^
diciu . And laflly, that thofe copies of Inflitutions, Difpen-
fations and Divorces vvere many of them written with his
man's hand, as precedents of fuch A6ts and Inflruments,
without his privity ordireftion. Hereupon Sir J antes Ley ^
chief Juflice told him, that he could not well fay that he _
accepted that unlawfull office virtutt obedientU^ for there
was no vertue in that obedience : That he ow'd an obe-
dience to the Law^ an,d to the King, who is the true Supe-
riourr
3 2
Lalor'sCoth
fejjion pub'
ikJ^ly read.
r
The Cafe of Tr^mmire,
tiour and Sovereign over all his fubje(fts, and hath no Peer
within his dominions j and that .the Superiours whom he
meant and intended were but Ufurpers upon the King's Ju-
tifdidion, and therefore this cxcufe did aggravate his con-
tempt, in that it appeared he had vowed obedience to
thofe who were apparent enemies to the King and' his
Crown. And though it were manifell that 'he exercifed ju-
rifdi^iion hforojudicii,((ot every Inftitution is a Judgement,
and fo is eveiy Sentence of divorce : ) yet were his offence
not hing diminifhed if he had executed his office of Vicar-
generaUin foro eonfcientU tantum i (ot the court of man's
confcience is the higheft tribunall, and wherein the power
of the Keys is exercifed in the highett degree.
Hereunto the Atturney generall took occaiion fo add"
thus much, That Lj/or had committed thefe high offences,
not onely againft the Law, but againft his own Confcience,
and that he was already condemned inforoconfcienti£* For
that he upon his fecond Examination had voluntarily ac-
knowledged himfelf not to be a lawfull Vicar-generall,
and that he thought in his confcience he could not laW'*
fully take upon him the faid office. He hath alfo acknow-
ledged our Sovereign Lord K. James to be his lawfull,
Chief and Supreme Govetnour, in all caufes, as well Eccle-
■fialiicall as Civile i and that he is in confcience bound to
obey him in all the faid caufes, &c* as it is contained in h'S
Acknowledgement or ConfelTion before fct down. Which
being (hewed forth by the Atturney generall, the Court
caufedittobe publickly readi and thereupon demanded
of La/or, if that were not his free and voluntary confeffion
figned with his own hand, and confirmed by his oath be-
fore the Lord Dcputie and Councill. He was not a little
abafhed at the publifhing of this Acknowledgement and Con-
fcflionin the hearing of fo many principal Gentlemen, to
whom he had preached a contrary dotSrine ; therefore,faid
he, the fhewing forth of this Confeflion is altogether imper-
rinent and befldes the matter. Howfoever he could notde-
ny but that he made it, and figned it, and fwore it, as it was
feflified by the Lord Deputie and the reft.
Then
The Cafe of Praemunire,
Then was it demanded of him, whether fince the mt-
king of this Confeffion he Hadnot protefted to divers of his
friends, that he had not acknowledged the King's Supre-
maciein EcclefiajlicaUcaufes. His anfwer was, That indeed
he had faid to fome of his friends who vifited him in the
Caftle of Dublin^ that he had not confeffed or acknow-
ledged that the King was his Supreme Governour in Spirittt- •
all caufesy for that the truth is, in the Corifeflion there is no '
mention made of SpirituaU caufesy but o£EccleftaflicaU.
This is a fubtile evafion indeed, faid the Atturneygene-
rail: I pray you what difference do you make between £c-
clefiafticall caufes ^xid iSpirituall caufes ? This queftion , faid
Lalovy is fudden and unexpedfed at this time, and therefore
you (hall doe well to take another day to difpute this point*
Nay, faid the Atturney generall, we can never fpeak of it
in a better time or fitter place ; and therefore though you,
that bear fo reverend a title, and hold the reputation of (b
great a Clerk, require a farther time ^ yet fliall you hear
that we Lay-men that ferve his Majeftie, and by the dutie
of our places are to maintain the Jurifdifilion of the Crown>
are never fo unprovided but that we can fay fomewhat
touching the nature and difference of thefe Caufes.
Firft then, let us fee when this diftin(!Jion of EcelefiafticaJl When the
or SpiriimU caufes from Civile and Temporall caufes did firft
begin in point of jurifdid^ion. AlTurediy for the fpace of
three hundred years aftcic Cbriji this diflindion was not tuallcauses
known or heard of in the Chriiiian world. For the caufes of/row CtvH
TeftamentSt of Matrimonyy of Bajiardy and Adultery, and the ^^'^dtemporal
reft which are ceAXtd EcclefiaflicaU or Spirituall c<
meerly Civily^nd determined by the rules of the Civil Law,
and fubjcift onely to the jurifdiftion of the Civil Magiftfate,
as all Cjyilians will teflifie with me. ^
But after that the Emperours had received the Chriftian
Faith, out of a xeal and defire they had to grace and
honour^ the learned and godly Bifhops of that time,
they were pleafed to fingle out certain fpeciall Caufes
wherein they granted jurifdi6lion unto the Biftops: namely,
in caufes of becaufe they were paid to men of the
t Church i
The Cafe of Trmmire,
i
Church; in czuCesoiMairimoHy, becaufc Marriages were
for the tnoft part (blemnized in the Church »ill caufes Tejia'^
mentary^ becaufe Teftaments wefe many times made in ex*
iremk ^ when Church-men were prefent, giving fpiritual
comfort to tlieTeftator, and therefore they were thought
the fitteftperfons (0 take the probates of fuch Teftaments.
Hovybeit chefe Bifliops did not proceed in thefe caufes ac-
cording to the Canons and Decrees of the Ch\irch, (for the
Canon Law was not then hatched or dream'd of) but ac*-
cording to the rules of the Imperiall Law, as the Civil Ma^
giftrate did proceed in other caufes: neither did the Einpe-
rours, in giving this Jurifdi<ftion unto them, give away their
own Supreme and abfolute power, to corre6i: and punifti
thefe Judges as well as others, if they performed not their
feverall duties. This then is moft certain, that the pr'imi-
tive Jurifdiftion in all thefe caufes was in the Civil Magi^
ftrate, and (b in right it remaincth at this day > and though
it be derived from him, it retnaineth in him as in the foun-
tain. For every Chriftian Monarch ( as well as the godly
Kings of is cufiosHtriufqueiabHUy and confequent'.
ly hath power to punifh not onely Treafon,Murther, Theft,
and all manner of Force and Fraud *, but Incefl, Adultery,
Ufury, Perjury, Simony, Sorcery, Idolatry, Blafphcmy.
Neither are thefe Caufes in refpe(3: of their own quality and
nature to be diftinguiflicd one from another by the names of
SpiritHall or TemporaU : For why is Adultery a SpirituaH caufi
rather then Af«r/iE?er, when they arc both offences alike a*
gainft the Second Table ? or Idolatry tzthct then Perjury,
being both offences likewife againft the Firft Table? And
indeed ifwe confider the natures of thefe Caufes, it will
feemfomewhat abfurd that they are diftinguifhed by the
name of Spirituall and "Temporal!: for, to fpeak properly;
that which is oppofed to SpirituaU fhould be termed Car-
nail J ^ndthzt which is oppoCcd to TemporaU fhould becal-
led Eternall* And therefore if things were called by
their proper names , Adultery fhould not be called a fpi-
rituaU offence, but a earnaU> But ihall I cxprefTe plain*
ly, and briefly wby thefe Caufes were firft denomina-
ted,
TheCaJeofPr^mmife,
ted, fome Sfir it nail or Ecclefiafiically and others Temporal
and CiviL
Truly they were fo called, not from t he nature of the
Caufes, asl faid before, bnt from the quality of the perfons
whom the Prince had made Judges in thofe Caufes. The
CIcrgie did ftudy fpirituall things, and did profeffe to live
fecHndkm fpiritumy and were called fpirituall men i and there*
fore they called the Caufes wherein Princes had given them
jurifdidion fpiritHaS eattfes, after their own name and qua-
lity. ^ut becaufc the Lay-magiftrates were faid to intend
the things ofthis world, which are femporaU and tranfitory,
the Clergie called them femlar or tmporaU men, and the
Caufes wherein they were Judges temporall caufet- This
diftindion began hrft in the Court of Rmet where the.
Clergie having by this Jurifdidion gotten great wealth, ^
their wealth begot pride, their pride begot ingratitude
towards Princes, who firft gave them their JurifdiiSion,
and then, according to the nature of all ungratefull perlbns,
they went about to extinguilh the memory of the benefit:
for whereas their Jurifdiftion was firft derived from Cdfavy
in the execution whereof they were C<tfar*s Judges, fo as
both their Courts and Caufes ought hill to have born C*-
far^s image and JuperJcription , as belonging unto C£far y
they blotted Cf/ir's name out of the fiyle pf their Courts,'
and called them Ccttrtj ChrijiiaH, as if the Courts holden by
Other Magiftrates had been in comparifon but Courts of
Ethnick/ y and (he Caufes which in thejr natu^re w.ere meex*
ly Civil, they called SpirituaU and EcclefiafltcaU. So as if the
Emperour Ihould challenge his Courts and ^ufes again,
and fay, Reddite C£fariqti£f9/nt C^efarifyihcy would 2i]l cry
out on the contrary part and fay, Vdte Veoque fun* T>ei,i
our Courts bear the name and title ofChrift, the fuperfcrip-
tion of C^far is quite worn out, and not to be found upon .
them. And this point of (heir policy is worth the obfer-
ving, that when they found their jurifdi^ion in Matrimo-
niall caufes to be the n eft fwcct and gainful! of all other,
(for of Matrimony they made matter of money indeed) to the
end that C^far might never rcfume forich a pcrquifiteof
F 2 ■- their •
3^
The Cafe of Vr<zmmire,
their Spirituall jutifdiftion, they reduced Matrimony into
the number of the 7 Sacraments : after which time it hadr
bcenSacrilcdge, if the Civil Magiftrate had intermeddled
with the leaft matter that had relation to Matrimonie, or
any dependencie thereupon. So then it appeareth, that all
Caufes whereof EccleCiafticall or Spirituall perfons have
cognifance or jurifdi^tion by the grants or permiffion of
Princes are called Ecclefiajiicall or SpirittiaU caufes* And as
all their Courts are called SplrhuaU Courts^ fo all Caufes
determinable in thofe Courts are called SpirituaU Caufes-
And therefore where Mn Lalor hath acknowledged the
King's Majeftie to be Supreme Governour in all EcclefiafiicaU
caufes, he hath therein acknowledged the King's Suprema-
cie in all SpirituaU caufes h wherein he hath but rendered to
C.</ir that which is Cie/ir's, and hath given unto his Ma-
jeftle no more then all the Bifhops of England have yielded
to his Predeceflbuxs, notonely in this latter Age, but alfo
in former times both before and fincc chej Conqueftj as hath
been before at large exprelfed.
I >
Here the day being far fpent, the Court demanded of the
prifonerifhe had any more to fay for himfelf. His anfwer
was, That he did willingly renounce his office of Vieatf
general!, and did humbly crave HisMajeAie's grace aiid par-
don. And to that end, he dcfired the Court to move the
L. Deputy to be favourable unto him. Then the Jury de-
parted from the Bar, and returning within half an hour,
found theprifonerguiltieofthe Contempts whereof he was
indifted. Whereupon the Solicitor generall moved the
Court to proceed to Judgement. And Sir Dommick^ Sarf
field, Knight, one of the Juftices of his Majeftic's chief place,
gave Judgement according to the form of the Statute
whereupon the Indi(ament was framed.
4^ r'c'
N
O F
. •c t
OF THE
K I N G S
EcelefiaflicaU Lam, •
N the Term of S. HiUary, in'the55.
year of the Reign of ^ Elizabethy
HqPuIo 340. 'Robert Caudrey Clerk
brought an a6iionof TrefpalTe againft
George Atton, for breaking of his Clofe
at North -Luffenham in the County of
Rutlandj the 7. day of August in the
51.year of the Reign of the faid Queent
The Defendant pleaded not guilty,and
the Jury returned and fworn for triall of this iflue gave a fpe-
ciall Verdid:) that is,they found the truth of the Cafe at
large,referring the fame for the Law to the judgment of the
Court, to this effeiit : They found that thePlaintif before
the Trefpaffe fuppofed to be done was Parfon of the Re-
^ory of Souih-LMfeMhantt, in theCounty zfotcfAtd^-whete-^
of the place wherein.: the Trefpafsj is alledged was
patcell i.
Of the King's
parcellj and found the Statute made in the firft year of
the faid Queen's Reign, by which in effeft it is cmd-cdt
That fuch Jurifdiiftion Ecclefiafticall as by any Spirituall or
Eccleliafticall power hath heretofore been, or may law-
fully be, exercifed for the Vifitation of the Ecclefiafticall
eftate and perfons, and for reformation, order and cor-
redion of the fame, and of all manner of Errors, Herefies,
Schifms, Abufes, Offences, Contempts and Enormities with-
in this Realm, fhould for ever be united and annexed to the
Imperiall Crown of this Realm : And that her Highnefle,
her Heirs and SuccefforS) fliould have full power and au-
thority by virtue of that Acff,- by Letters Patents under the
great Seal of England to affign, nominate and authorize
fuch perfons, being natural-born Sub)e^s,as her Highneis,
her Heirs or Suceellbrs fliould think meet, to exercifcand
execute under her Highnefle, her Heirs and Succcflbrs, all
artdall manner of Jurifdi^on, Priviledges and Prchemi-
nences, in any wife touching or concerning any Spiritual
or Ecclefiaftical Jurifdiftion within this Realm of England
and Ireland i and to vifit, rc^rmt rcdteffe, order, correft
and amend all fuch Errors, Herefies, Schifms, Abufes,
Offences, Contempts and Enormities whatfoever, which
by any manner of Spiritual or Ecclefiaftical poweijauthority
or jurifdiftion, can or may lawfully be reformed, ordered,
redrelTed, corre£led, reftrained or amended, to the plea-
fare of Almighty God, the encreafe ofvertue, and the,
confer vation oft he peace and unity of this Realm: And
that fuch perfons, ib to^be named, affigned and authorizedj
fhould have full power and authority by virtue of that Aft,
and of fuch Letters Patents, under her Highneffc, her Heirs
and SuccefTors, to exftcifej ufe and execute all the premif^
fes,according to the tenour and cffcftofthe faid Letters Pa-
tents, any matter or caufe to the contrary hotwithflan-
ding.
And afterwards the faid Queen by her Let ters Patents
under the great Seal of England, bearing date the ninth
day of T)ecembet',iii the fix and twentieth year of dier Reign,
according to the tenourof the^faid Aft, did authorize the
Archblfhop
Ecclejiajlkall Laip,
Archbifhop of Canterhury, the Bifiiop of London, and divers
otherSj or any three or more of them, to enquire, amongft
others, of the Statute of the firh year of her Reign conccr-
ning the Book of Common Prayer *, with this Claufe a!fo
contained in thefaid Letters f^tents,vide!icet, Alfowe give
and grant full power and authority to reform,rcdreflejordcr,
corre(ft and amend in all places of this Realm all Errors, He-
refies, Schifms, Abufes, Contempts and Enormities Spi-
ritual! or Ecclcfiahicall whatfoever, which by any Spiri-"
tuall or Ecclefiadicall power , authority or jurifdidion,
can or may lawfully be reformed, ordered, redrelTcd, cor-
re6led, retrained or amended by Cenfures Eccletiafticall,
Deprivation,or otherwife,^c. And upon proof thereof had,
and the offences aforefaid,or any of them,fufficiently proved
againft any perfon or perfons, by Confeflion, lawful witnefs,
or by any due manner, That then you or three of you
' flull have full power and authority to order and award iuch
punifhmcnt to every fuch offender, by Fine, Imprifonment,
Cenfure of the Church, orotherwife, or by all or any of the
faid waySjand to take fuch order for the redrefTeof thcfame,
as by your wifedomes and difcrctions fhall be thought meet
and convenient,as by the faid Letters Patents more at large
appeareth.
And further,they found the Statute of the firft year of the
Reign of the faid Queen, by which it is enaded, That
theoffendoragainft that A(ft concerning the Uniformity of
Common Prayer > being thereof lawtully convi^ed , ac'-
cording to the Laws of the Realm, by Verdift of twelve
men,or by his Confeflion,or by the notorious Evidence of the
faft, fhould forfeit for the firft offence the value of his Spi-
, rituall living for one whole year,and fliouldfuffer Hx months
Imprifonment: for thefecoiid offence,to be committed at
fer fuch Convidfion, he fhould be deprived ipfi fado o{ all
his Spiritual livings: and for the third offence, to be com-
mitted after two Convidions as is aforefaid, he Ihould be
deprived of all his Eccletiaflicall livings, and be imprifbned'
during his life* And that LaSA Kabert Caudnyhitioi^
the time 6f the ttefpais fuppofed vvas deprived of hb (aid
Bene-
40
Of the King*s
Benefice before the faid High Commifl5oner5,as well for that
^ -he had preached againft the faid Book of Common Prayer,
as alfo for that he refufed to celebrate Divine Service ac-
cordingto the faid Book,and Ihewed particularly wherein:
Which faid Sentence of Deprivation was given by theBi-
fhop of LondoH'i cum ajfenfu A. B. C. P. &c. coUegarum fuorum^
And the Jury concluded their Verdi6t, That if the faid De-
privation were not warranted by Law, but void, then they
found the Defendant guilty of the trefpals: And if the De»
privation were not void in Law,'then they found the Dc-
fendant not guilty.
And this Cafe was folemnly and oftentimes debated at
Barre by theCounfelofeitherparty,andattheBenchby the
Judgesjand after great and long tkiiberation and confultati-
on had with the reft of the Judges, was in the Term of
S. ffiSarj*,in the 37..year of the faid Queen adjudged.. And
The ob)elti' it was argued by the Counlel of the Plaintif, that the faid
ens o/tk Deprivation was void for 4 caufcs.
Fulntif ^ " Firft,The faid Book of Common Prayer being authorized
and commanded to be obfervcd by the laid of the firft
year of the Queen , upon the forfeitures and punifhments
therein comprifed, the offence of the Plaintif is againft that
A£t i for that Aft onely doth command the obfervation
of the faid Book, and infliftethpunilhmcnts in fev.erall de-
grees for depraving or not obfetving of the fame: and con-
feq^uently, if the offence be againft. that A^, the Plaintif
ought to have been proceeded withalland punifhed accor-
ding to the fame-And it was raid,that the faid Ad was an Ait
of great moderation and equity,for the offc'ndor for, his firft
offence fliould not be tpfo faSo dcpt'ivcdi but fhould onely
lofethespiofitsofhisEcclefiafticall livingsforone year,, and
fuiFer:Imprifonment for fix months, to the end that Xuch
as \^7ere ffoward might have a time to repent, and the well-
minded a time to confent. And fuch care had the Ad of
^ the offenders in this behalf, as if they committed one of-
fence,'and then another, and after the fecond many morej
yet fhould not theiOffendor be deprived for any of the latter
offences, unlefs hc«had been firft judicially convidcd of re-
1.
t* '>1
cord
cord by yerdi<ft of 12 men, orby confefllon, ornotorious
evidence of the fad : So as the fecond offence, for which he
muft be deprived Ly the faid A61, muft be done and com-
mitted after fuch a judiciall and folemn Convi6lion and
punifliment, according to the faid A<S : And then if fuch-
an open punifhment andinfli6tion (hould not give him un-
derftanding,and open his heart to repent, then,upon a like
Convi(aion,for a fecond offence,to be committed after fuch a
Convi<aion,Dcprivation fhould follow. But in the cafe now
in queRion, Caudrty the Plaintif was deprived from hif faid
Parfonage of South-Lufmham for his faid fitft offence, being
never convented or convi^ed for any fuch offence before.
And therefore it was concluded tor this firft point. That
the faid HighComnaiflioners had not purfucd the form and'
order prefcrtbed by the faid A& > & ttonobfervataforma, in-
fertur adnuUatio Aadi i and confequently the Deprivation
ofthePlaintif is void, and therefore Judgement ought to
be given for him. And it was faid by the Plaintifs Coun-
fell, by way of anticipation, That albeit there was a Pro-
vifo in the fame Ad for Atchbifhops, Bifhops, and their
Chancellors, CommilTariesj Archdeacons, and other Or-
dinaries, having peculiar Jurifdi^ftion j yet that did not
give any ftrength to the faid Deprivation, for two caufes#
Finf, that the Commillioners by force of the, faid A61: of
1 and ofthe faid Letters Patents, are not within the
faid Provifo, but onely Archbifhops and Bifhops, their
Chancellors, Commiflaries, &c* in refpeft of their ordinary
Jutifdidlion. 2. Admitting it fliould extend to the faid
High Commiffioners, yet ought they to proceed according
to the form and order of the faid Ad, for an'olfence done
againft that A<^*
Secondly, it wasobjeded by the Counfel of the Plaintif,
IhzxCaudrey the Plaintif was not deprived either by the
verdift of 12 men, or by confeffionj or by the notorious
evidence of the fa6t, but by default in refped he appeared
not, being duely prccognizated or warned » which cafe,
as it was objected, was Ca[us oim^HSy & oblivioni datus^ and
not within the faid Ad. . ,. „
' G, ' Thirdly,
- Of the King's
Thirdly, itwasobjeded on the behilf of the Plaintif,
That the faid Sentence given by the faid High Comnniflio-
ncrswas utterly void, for that they or any 3 or more of
them having authohiy by force of the faid Aft, and.ojf the
faid Letters Patents under the great Seal, ought tojoynin
the Sentence, and that one alone with the confent of 2 or
more of the other Comraiflioners cannot give a Sentence >
for that every Commiffioner hath equal authority, and by
the faid Letters Patents three or more tnuft give the Sen-
tence with confent of others : and fuch a judgement given
by any Commilfioners of Oyer and Terminer,or other Com-
roiffioners or judges of the Common Law," were utterly
void and of none effe^.
Fourthly, and laftly,it was 'obje6led» That the faid Com-.
millioners were not nominated and appointed according to
the faid Aft j for the Jurifdiftion and power given by the
faid A^i: to the Crown> is, to name fuch Commiffioners as
be natural-born Subjefts, and it doth not appear by the
faid fpecial verdift that the faid Commiflioners were natu-
ral-born fubjefts ; And albeit the judges as private men in
their particular knowledge did know them to be natural-
born fubjefts i yet they being judges of record, ought
onely to fee with judicial eyes, and to take knowledge of
no more then doth appear to them within the Record i for
upon that, and not upon private knowledge out of the Re-
^ord-,they onely muft give their Judgement, and upon that
Record enter their Judgement alfo of record. And feeing
that the faid Queen had, as it was faid by the PJaintiPs
Counfel, Ecclefiaftical Jurifdiftion by the faid Aft of Parlia-
ment, and by the fame,power was given unto her to name
EcclefiaAicalCommiilionersi flie ofnecdfity muft make her
nomination according to the faid Aft, having no other
power, as wasobjefted, but by the faid Aft. And feeing
it was not fpecially found that they were natural-born fub-
jefts, & de Hon apparentihis & mn cxtftentihus eadem ejl ratio >
for this caufe alio the faid Sentence of Deprivation was void,
as given by Commiffioners not warranted by the laid Aft.
Asto the Hrft and fecond Objcftions, both being gioun-
,ded
Ecctefiaflicall Lam,
ded upon the faid A(3: of Parliament, it was ircfolvred by the
whole Court, thit notwithlianding thsfe two Obje6tions, therefotuti-
the Sentence was not to be impeached for either of them,
and that for three caufes. Firft, for that the faid Ad i.lnia.,
concerning the Uniformity of Common Prayer being in the ^
affirmative, doth not abrogate or take away the Jurifdi(fti-
on Ecclefiafticall, unlefs words in the negative had been
added, as, and not oihermife', or in no other manner or formi
or to the like effed. 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.II. 36 H.6.3. 3 E.4.27. 3 ff.y.i. 14 ff.7.io.
15 H.7.16. 53 H.8. 50. ^Mar, Pjfr 135. Stradlings
cafe* Pi* Com* 20j*&c* 2* The Ecclehailicail Law and the
Temporal Law have feveral proceedings, and to fcveral
ends: the one being Temporal, to inflitt punifhment upon
the body, lands,or goods i the other being Spiritual, fro
faluie Anim* : the one to punifii the outward man, the o-
ther to reform (he inward.. And this appeareth in i a H.y.
2 2. 10 E.4.10. &c* Then both thefe .dihinft and fevc-
ral Jurifditfiions confift and Hand well together, and do
joyn in this ^ to have the whole man inwardly and out-
wardly reformed. 3. The Provifo in the faid Aft doth
make this queftion without queftion, for by it is provided,
ordained and enaftcd by the Authority aforefaid, That all
and finguUr Archbiihops and Bifhops, and every of their \ -
Chancellors, CommiiTaries, Archdeacons, and other Or-
dinaries, having any peculiar Eccleiiaiiical jurifdiftion,
fliould have full power and authority by virtue of that Adf,
as well to enquire in their Vifitations, Synods, and elfe-
where within their Jurifdiiftion, 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 Jurifdiftions and authority, and punifli the
fame by Admonition , Excommunication, Sequehration,
or Deprivation, and other Cenfures and Procefle, in like
form as heretofore hid been ufed in like cafes by the
Queen's Ecclefiafticall Laws, as by the faid Aft appeareth.
So as feeing, if that A6t had never infli^ed any punilhment
G 2- for
I
Of the Kin^s
for depraving or not obferving the Book of Common Prayer,
yet the fame being allowed and commanded to be obfetved
for uniformity of Common Prayer, and the unity and peace
of the Church •, the Ecclefiaflicall Judge may deprive fuch
Parfon, Vicar, as fliall deprave ornot obferve the faid
Book, as well for the firft offence, as he might have done
by the Cenfuresof the Church and the Eccleliaflicall Laws,
if no form of punifhmcnt had been infli6fcd by diat A<S.
And this doth evidently appear by the faid Provifo : For
thereby, notwithftandingany thing in that Atft contained,
ihcy may punifh fuch^offendors by Admonition, Excom-
ihunication, Sequeftration , or Deprivation, and other
Cenfures and Ptoceffe, in like form as heretofore hath been
ufed in like cafes by the Queen's Ecclefiailicail Laws, and
are not bound to purfue the form prefcribed by the faid
A6i:, which is to punifti the oflfendor according to the Tem^"
poral Law. And it was refolvedj That if the Jurifdic^ion
of the Archbifhops and Bifhops,and their Chancellors, Com-
miffaries. Archdeacons, and other Ordinaries, having a-
cy .peculiar Ecclefiaflicall ]urifdi<ftion, were^ provided for
by the faid A<^, a fortiori the High Commifllonets, autho-
rized by another Acf in the fame Parliament, were tMite
provided for : Quia cut licet quod majus ejiy non debet quod
minus eft non lUere* /
As to the third Objeftion, it was alfb refolved by the
whole Court,that the Sentence given by the Bifhop,by the
confent of his Collegues, was fuch as the Judges of the Com-
mon Law ought to allow to be given according to the
Ecclefiaflicall Laws : For feeing their authority is to pro-
ceed and give fentence in Ecclefiaflicall caufcs according
to the Ecclefiaflicall Law, and they have given a Sentence
inj3i caufe Ecclefiaflicall upon their proceedings by force of
that Law s 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 Ecclefiaflicall Law: For cuilibet in fua
arteferito eft credendum. And this is the common received
opinion of all our Booksi as appeareth ii H.7.9. 34 H.6.14.
&Ci And in Bunting and Lefpingrpelli Cafe,in the part of
my
EcclefiaflicaU Lan^,
iry Reports. And this is the ufual form of all the Senten-
ces in theii Ecclefiaftical Courts. And this very Point, Tr.
23 E/iz. in this Court, between and
well/, all the matter being found,as this Cafe is> by fpecialt
verdiii:, was adjudged. . ^
As to the fourth Objedfion, viielieet, "That thefaid ^een
had onely porper by force of the faid AU to mtninate Commijfom
tiers for EcclejiafticaU caujeS'^and therefore the for efaid Nominati*
cnnotpurfuing the authority given untoher by that A£l (hottld
he void : Hereunto a threefold Anfwer was given, and re*
folved by the whole Court, i. That they which were
Commiflioners, and had places of Judicature over the King's
fubjedis, fliould be, intended to be Subjet^s born, and not
Aliens: But if in veritie they were Aliens, yet in refped of
the general intendment to the contrary, it ought to be
alledged and proved by the other party. For FttfWitttrFfiC-
fumptum donee proheiur in contrarium* 2. The Jurors have
found that the Queen by her faid Letters Patents did au- ^
thotiic thtrnfecmdHin formam StatHti prddi^iih andthere*-
fore it doth by necelTaiy confequence amount to as much
as if they had found they had been Subjedfs born ; For if
they were not Subje^s born, they could not be authorized
fecundufnformamStaiuiipr£didi.VideliH.^,^*l^EUz*'Dy* /
er foU And the rather, for that this is found by fpecial ver-
dift. 3. It was refolved. That the faid Adt of the firft year i
of the (aid Queen concerning Ecclefiaftical Jurildiftion - ^
wasnota Statute introdutSory ofa new LaWjbut declara- %
tory of the old, which appeareth as Vv^ell by the Titleofthe - st'-/
fsi'id A&^'videlicett An A£ireftoring to iheCrcrpn the ancient Ju-
rifdi&ion over the State Ecclefiafiical and Spiritual^ &c, as alio
by the body of the A(ft in divers parts thereof. For that
Ad: doth not annex any Jurifdiftion to the Crown, but that
which in truth was, or ofrightought tobe, by the ancient
Laws of the Realm parcell of the King's Jurifdidion, and
united to his Imperial Crown, and which lawfully had been, ,
or might be, exercifed within the Realm. The end of
which JurifdicStion, and of all the proceeding thereupon,
was,'that all things might b« done in caufes Eccleilahicall ~
to
4^
df the King's
to the pleafute of Almighty God, the inaeafe of vcrtue,
and the confervation of the peace and unity of this Realm,
as by divers parts of the faid appeareth. And therefore
as by that A6l no pretended Jurifdi£lion exercifed within
this Realm, being either ungodly or repugnant to the
Prerogative or the ancient Law of the Crown of this Realm,
^ _ was or could be rellored to the fame Crown, according to
the ancient right and Law of the fame ; So if that A^of
the firft year of the faid Queen Iiad never been made, it was
- ^ rcfolvcd by all the JudgeS) that the King or Queen of Ettg-
land for the time being may make tuch an Eeclefiafticall
Commiflion as is before mentioned by the ancient Preroga-
tive and Law of England. And therefore by the ancient
Laws of this Realm, this Kingdome of England is zn
lute Empire and Monarchy, confiliing of one Head, which is
the'King, and of a Body politick, compatSt and compounded
of many and almoft infinite feverail, and yet well-agreeing,
members; Ail which the Law divideth into two feveral
parts;^that is to fay , the CUrgiey and the Laietie , both of
them next and immediately under Godfubjeftand obe-
dient to the Head. A!fo the Kingly Head of this politick
Body is inliituted and furnilhed with plenary and entire
' power. Prerogative and Jurifdidion, to render Juftice and
right to every part and member of this Body, of what
ettate, degree or calling foever, in all Caufes , Eccleliaiti-
call or Temporal > ocherwife he fhould not be a Head
of the whole Body. And as in Temporal caufes, the King
by the mouth of he Judges in his Courts of Juftice doth
What caufes judge and determine the fame by the temporal Laws of
EcdefiajlL England : fo in caufes Eeclefiafticall and Spiritual, as
callCmt. namely, Blafphemy, Apoftafie from Chriftianity, Herefies,
5eeCir- Schifms, Ordering, Admillions, Inliitutions of Clerks,
cumfpefte Celebration of Divine fervice.Rights of Matrimony, Diver-
*ces» general Bafiardy, fubtradion and right of Tithes, Ob-
E. i.cap.^. lations, Obventions,Dilapidations, Reparation of Churches,
verfifsfinem. Probate of Teftaments, Adminiftrations,and accounts upon
4.
EcclefiaflkdiLaw, - 47
clefiafticall^ caufes, Commutation of penance^ and others, w]). ii.
( the conufance whereof belong not to the Common Laws S<
of England) the fame arc to be determined and decided by j/'sfapT
Eccleliafticall Judges, according to the King's Ecclefiaftical 9, 24 ^.8.'c.
Laws of this Realm. For as the Komansy fetching divers 12.27
Laws from Athens , yet being approved and allowed fay 20.32 ^.8.c,
the State there, called them notwithftanding J us Civile Ro^
■mumrum \ and as the Normans, borrowing all or moft of I'i.iMa'cap.
thsir Laws from yet baptized them fay the name i'iEli^.ca.
of the Laws or Cuftomes of Normandy: So albeit the Kings
of England derived their Ecclefiafticall Laws from others, ca,'
yet fo many as were proved , approved and allowed here, lib.a.'ea.
by and with a general confcnt, are aptly and rightly called Franl^alm.
The King sEeelefiajiicai Laws of England i which whofoever f-'.
fhall deny, he denieth that the King hath full and plenary
power to deliver ]afticc in all caufes to all his fubjefts, or to 44, 45' 4^,
punilh all crimes and offences within bis Kingdomej for Al'E~egifi.f»l.
that, as before it appeareth, the deciding of matters fo ma- 34>44»
ny, and of fo great importance, are not within the conu-
fance of the Common Laws: and confequently, that the ^
King is no compleat Monarch, nor Head of the whole and
entire Body of the Realm. But to confirm thofe that hold
the truth, to fatisfy fuch as being not i ftru(9:ed know not
the ancient and modern Laws and Cullomes of England,
every man being perfwaded as he is taught » (hefe few de-
monftrative proofs out of the Laws ofEngLnd, in ftead of
many, in otdct^&ferie temfoTHm , are here added.
KEnulfbas ReXy &c. per faas patentesy confilto&con^ King
fenfu Epifcopomm & Sehatorum gentk fu£y largitmfmt
Monafterio de Abnidon in Comifatu Barkc accuidam Ruchmo ^
tunc Abbati Monafteriiy &Ca quandam ruru fui portionem^ idejiy lib. ^.cap.
^uifidecim ManfiaSy in loco qui a Rmicdlk tunc ttHncupabaturCul- 111.
nanty cum omnibia utilitatibm adeandem pertimntibmytamin ^buchaner
u ' 1 ' 7 J' a was pleaded
magnvs quam m modtcuribusy tn aternam h£reattatem* Jbt quod j 25.
pradidus RucbniuSy &c»ab omni Epifcopali Jure infempiternum 25.
ejfe quietust ut inhabitatores ejus nuJIiiu Epifcopi aut juorumoji-
nalium jugo inde deprimanfury fed in cun^k rerum eventtbm & J
difcujjionibut
'48
I
Of the King*SI
difcufftonibui caufarum AbbatisMonalierii pradiSli decreto Jubji^
,ciantur. ha quodi &e. As by the faid Charter pleaded in
"1 Hear. 7. and vouched by , at large appeareth:
which Charter, granted above 850 years fithence, was afte*
Edmn,'confitmcd per Edmnum Britannia Anglorum Regem & Monar--
regnavhanno cham. ' By which it appeareth that the King by his Charter
Dm-9s$' made in Parliament ( for it appeareth to be made by the
counfell and confent of his Bifliops and Senators of his
Kingdome which were alTembled in Parliament J diddif-
charge and exempt t he faid Abbot from the Jurifdiftion of
the Bifliop, &c. and by the fame Charter did grant to the
I faid Abbot Ecclefiafticall Jurifditftion within his faid Abbey:
which Ecclefialiicall Jurifdi£lion being derived from the
Crownjcontinued untill the DifToiution of the faid Abbey in
the Reign of King HcMry the Eighth,
S,
^ A
St K. Edtv.
larpSf ca^
7 E» 9* tit*
Square Imu*
ofitip.
In the Reign of King Edward the Confejfor.
THe King,who is the Vicar of the Higheft King,is ordai-
ned to this end, that he ihould govern and rule the
Kingdome and people of the Land> and above all things the
Holy Churchj and that he defend the fame from wrong-
doers, and dcftroy and root out workers of mifchief. And
this (hall fufficc for many before the Conqueft.
* ✓
i -
In the Reign of King William the Firft.
IT is agreed that no man can make any Appropriation of
any Church having Cure of Souls> being a thing Ecclefi-
aftical, and to be made to (bmc perfon Ecclefiafticar, but
he that hath Ecclefiaftical Jurifdidion: But WiViam the
Firft, of himfelf, without any other.. ( as King oiEngJandt)
made Appropriation of Churches with Cure to Ecclefiaftical
perfons: Wherefore it followeth that he had Ecclefiafticall
Jmifdidion. -
Ecclefiaflicall Laxi?,
c
In the Eeign of King Henry the Firji.
49
f V
HEwyhy the Grace of God King o(EnglaHd,Doks The charter
Normans, To all Archbifliops, Bifliops, Abbots, Earls, of H.i.Fo«n-
Barons, and to all Chtihians as well prefcnt as to comCjeSfc.
We do ordain, as well in regard of Eccleliafticall as Royall Ifffiftte
power, that whenfoeverthe Abbotdie,that 26.yearofbk
all the polTcffion of the Monaftery, whercloever it is, do Win
rei"nain entire ,and free, with all the rights and cuftoms
thereof, in the hands and difpofitionof the Prior and Monks
of the Chapter of Reading. We do therefore ordain and e-
ftablilh this Ordinance to be obferved for ever : <becaufe the
Abbot of Reading hath no Revenues proper and peculiar to
himfelf, but common with his brethren» whofoever by
God's will fhall be appointed Abbot in this place by Canoni-
call ele6iion, may not difpend the Alms of the Abbey by ill
ufage with his iecular. kinfmen, or any other, but in en-
tertaining 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 ofChiift i wherein let him be advifedly provident
he entertain not young ones, but that he entertain men of
ripe age or difcreetj as weH Clerks as Lay-men.
In the Reign of King Henry the I bird.
IN all the time of H. 5- and his Progenitors Kings of g.Tff.-,
England^ and ever (ithence, if any man did fue afore any prohibition
Judge Ecclefiaflicall within the Realm for any thing where- i9; 4^'
of that Court by allowance and cuflome had not lawful
conufance, the King did ever by his Writ under his great
Seal prohibit them- to proceed; And if the fuggetiion Regijlerfol.
made to the King, whereupon the Prohibition was gtoun-.
ded, were after found untrue, then the King by his Writ of
Confultation under his great Seal did allow and permit '
' H them
50 - OfthtKin^s
th«m fo proceed., Alfo,in all the Reign of H. 5. and his
Progenitors Kings t)f England , and ever (ithence, if any
ilTue were joyned upon the loyalty of Marriage, general Ba-
ftardy, or fuch like, the King did ever write to the Bifhop
of that Diocefe , as mediate Officer and Minifter to his
Court, tocertifie the loyalty of Marriage, Baftardy,or fuch
like: all which do apparently prove,chat thofe Ecclefiaftical
Courts were under the King's Juiifdidion and command-
ment j and that one of the Courts were fo neceflfarily in-
cidetit to the other, as the one without the other could not '
deliver Juftice to the parties, as well in thefe particular ca-
fes, as in a number of cafes before fpecified, whereof the
King's Ecclefiafticall Court hath Jurifdidion. Now to com-
mand and to be obeyed belong to Sovereign and Supreme
Government.
By the ancient Canons and Decrees of the Church of
/ - the iffue born beforefolemnization of marriage is as
lawfully inheritable( marriage following) as theilTue born
after marriage; But this was never allowed or appointed in
and therefore was never of any force here. And
The Statute this appeareth by the Statute of Merton, made in the 20.
of Merton an. year of King Henry the 3.
20 H. 3. King's Writ of Baftardy, whether one being born
afore matrimony may inherit in like manner as he that is
born after matrimony, all the Bifhops anfwered, that they
would not nor could not anfwer to it,becaufe it was dired^-.
ly againft the cotnmon order of the Church. And all the
Bifhops inftanted the Lords,that they would confent, that
all fuch as were born afore matrimony fhould be legitimate^
as well as they that be born within matrimony, as to the
fucceflion of inheritance, forlbmuch as the Church accepteth
fuch to be legitimate. And all the Earls and Batons with
one voice anfwered , We will not change the Laws of Eng-
land which hitherto have been ufed.and approved.
\
Ecclefiaflicall Lan?.
51
3. 20.
In the Reign of King Kdvfdird the Firfi,
IN the Reign of King Edward the Firft, a Subjeft brought Vtde jo £.3.
in a Bull of Excommunication againft another Subjc<ft of
this Realm, and publiflied it to the Lord Treafurer of Eng- ^^emunirefl.
land : and this was by the ancient Common Law oiEngland
adjudged Trealbn againft the King, his Crown and Digni- Uotet thk
ty i for the which the offendor fltould have been drawn reat by the
and hanged, but at the great inttance of the Chancellour
and Treafurer he was onely abjured the Realm for ever. tefore any
The faid King Edward the 1. prefented his Clerk to z statute made.
Benefice within the Province of Torkci who was refufedby 19
the Archbifhop, for that the Pope by way of Provifion had
conferred it on another. The King thereupon brought a
§luare non admifit. The Archbifhop pleaded that the Bi-
{hop of Rome had long time before provided to the faid
Church, as one having fupreme Authority in that cafe* and
that he durft not nor had power to put him out, which was
by the Pope's Bull in pofTclIion. For which his high Con-
tempt againft the King, his Crown and Dignity, in refufing
to execute his Sovereign's Commandment, fearing to doe it
againft the Pope's Provifion, by judgement of the Commoa
Law the Lands of his whole BKhoprick were feized into
the King's hands, and loft during his life. Which Judge-
ment was before any Statute or A<ft of Parliament was
made in that cafe. And there it is faid, that for the like
offence the Archbifhop of Canterbury hid been in worfe
cafe by the judgement of the Sages of the Law, then to be
punifhed for a Contempt, ifthe King had not extended
grace and favour to him.
Concerning men twice married, (called Bigamy) whom I'he Statute
the Bifhop of Kerne by a Conftitution made at the Council
of Ljowr hath excluded from all priviledge of Clcrgy,where- objervehow
upon certain Prelates ( when fuch perfbns have been at- theKingby
tainted for Felons) have prayed for to have them delivered ^
as Clerks which were made Bigamy before the fame Con- if%'aLLrj.
Ha ftitutioni '
Note*
J
V.
Bsasas.
^2 Of the King*f '
tyofParlu- ftitutionIt is agreed and declared before the King and
metit)expm- Council, that the fame Conllitution lhall be underftocd
flfJcmndl in this Wxfe, That whether tlr y were Bigamy before the
{houldbe m- fame ConfUtution or after, they faall not from henceforth
derftoodyand be delivered to the Pre!ates> but Juftice (hall be executed
inwhatferfe upon them as upon Other Lay people.
'^recdvfilni made at a Parliament holden at Carlile in the
allowed, here, 25.year of the faid King Ed.the Firl1:,it is declared,That the
Statutum de Holy Church of England was founded in the ftate of Prela-
4nna25 £.I. cy within this Realm of by the King and his Pro-
carhfle.Vide genitors, d^c. for them to inform the people in the Law of
20 E^.th, (3od, and to keep Hofpitality, give Alms, and doc other
works of Charity, &ۥ And the faid Kings in times pafi
were wont to have the Advice and Counfel,for the fafe-
guard of the Realm,when t'hty had need, of fuch Prelates
^ , and Clerks fo advanced. The Bifhop of Rome^ ufurping
frfi^attempt Seigniories of fuch Benefices, did give and grant the
r^astoufurp fame Benefices to Aliens which did never dwell in
£c-and to Cardinals which might not dwell here, &c,
clefiafticali adnullation of the ftate of the Holy Church of England^
diihciiCon of the King, Earls, Barons.and other Nobles
Clergy of of the Realm, and in offence and. deftru6fion of the Laws
Englandyrvho 3^nd Rites ofthis Realm, and againft the good difpofition
^ that time fhefirft Foundersjt was enafted by the King^by.^
aweofthe^ affent of all the Lords and Comminalty in full Parliament,-
Church oj That the faid Oppredions, Grievances and Dammages in
Rome. this Realm from thenceforth fhould not be fuffered,as more
at large appeareth by that A(S. ,
In the Reign of-King Edward the Second;
^9A Ordinance ofCircumffedeagatk, made in
tic.cleri cap, the 13. year of Ef/n?. i. and by general allowance/
1(5. and ufage, the Ecclefialticall Court held , plea of Tithes,
Obventions, Oblations, Mortuaries, .Redemptions'of pe^
cumfpta^"^' Laying of violent hands upon a Qerk, Defamations,
agatis,<iH. t^'e. yet did not the Clergy think themfelvcs alEired nor
_ quiet,
53.-
quiet from Prohibitions purchjfed by Subjeds, untill that' isE.i, ra
King the 2. by his Letters Patents under the great-
Seal,, in and by confent of Parliament, upon the
of the Clergy, had granted unto them to have jurifdicUon i.andthe
in thofe cafes. The King in a Parliament holden in the Statutes of
9. year of his Reign, after particular Anfwers made to their
Petitions concerning the matters abovefaid,doth grant and
give his Royall AlTent in thefe words. ther Statutes
We detiring as much as of right we may to provide for f^eretofore
" the ftate of the Church of England, and the tranquillity ^^^^joned,
''and quiet of the Prelates of the faid Clergy, to the honour
" of God, and the amendment of the (late of the faid EcckjiajU,
^'Church, and of the Prelates and Clergy, ratifying and caUXourt'
" approving all and fingular the faid Anfwers which appear
" in the faid AtSj and all and lingular things in the faid h'conkiit
Anfwers contained, We do for us and our Heirs, grant ofParliament
and command that the fame be inviolably kept for ever: in all cafes
Willing and granting for us and our Heirs, That the faid
Prelates and Clergy, and their SuccefTors for ever, do cx- yurifdifliont
ic f-rr\C(- THrrlpfianirail ^urifdi6tion IH the premiffcs accox-/o/i/
ercife Ecclefiafticall
ding to the tenour of t
le faid Anfwer.
In the Reign of A/'/zg: Edward the Third..
Laves may be
juftly called
the King's
Ecclefiafti'
call Laves^or
the Ecclefia-
An Excommunication by the Archbilhop, albeit it be
; difannulled by the Pope or his Legates, is to be ^
lowed i neither ought the Judges to give any allowance,of Eiccom,A!'
any fuchSentenceofthe Pope or his Legate.
It is often refolved that all the Bilhopricks within Eng- in the Reign
land were (oixndcd by the King's Progenitors, and there-of £.3.
fore the Advowlbns of them all belong to the King, and at •
the firft they were donative. And that if an Incumbent of
any Church with Cure die, if the Patron prefent not with-
in 6 monthS) the Bifhop of chat Diocefe ought to collate, to
the end the Cure may not be dellitute of a Pallor: If he be
negligent by the fpace of 6 months, the Metropolitan of
that Diocefe (hallconfer one to that Church; And if he alfo >
leave
54
Of the Kin^
17 £.3.23.
20 E*^Ex'
com,^, 16 E,
^.titMre,
660. 21 £.3.
60. 6 H,'].
i^»Fit,Na,
Br.
2O£.3.IVV.
Excom.6.
21 E.^foL
40.
22 £»
/
27 E*:^.foL
2^,Fit.Na.
30 E.'^Jib.
Aff.ii.19-
12 ^4.1(5.
14/^.4.14.
8 H.6jQU'^.
3$ H.6./^2.
28 M6.1.
7 £.4«14.
12 £.4.I^«
leave the Church deftitute by the fpace of 6 months, then
the Common Law giveth to the King, as to the Supreme
within his own Kingdomc , and not to the Bifhop of
P.emi, power to provide ' a competent Paftor for that
Church.
The King may not onely exempt any Ecclefiafticall per-
fon from the Juiifdidion of the Ordinary, but may grant
unto him Epifcopal Jurifdidion. As thus it appeareth there
the King had done of ancient time to the Archdeacon of
Richmond*
All Religious or Ecclefiafticall Houlcs whereof the King
was Founder are by the King exempt from ordinaiy Jurif- ^
didion, and onely vifitable and corrigible by the King's
Ecclefiafticall Commiflion. , _
The Abbot of in Suffolk.^ Wis exempted fron Epi-
fcopall Jurifdi6lion by the King's Charter.
The King prefented to a Benefice, and his Prelentee
wasdifturbed by one (hat had obtained Bulls from RomeS
for which offence he was condemned to perpetuall impri-
(bnment, Crc*
Tithes arillng in places out of anyPariftithe King fhall
have, for that he, having the Supreme Ecclefiafticall Ju-
lifdit^ion, is bound to provide a fuificient Paftor that ihall
have the Cure of fouls of that place which is not within any
Parifh. And by the Common Laws of it is evident
that no man, unlelfe he be Ecclefiafticall, or have Ecclefi-
afticall Jurlidiiftion , can have inheritance of Tithes.
The King fhall prefent to his free Chappcls (in default
of the Deanjby Lapfe in refpetSk of his Supreme Ecclefiafti-
call Jurifdi6i:ion. And Fitzherbert faith, that the King in
that cafe doth prefent by Lapfe as Ordinarie.
An Excommunication under the Pope's Bull is of no force
to difable any man within England: And the Judges faid,
that he that pleadeth fuch Bulls, though they concern the
Excommunication of a Subjed, were in a hard cafe, if the
King would extend his juftice againft him. If Excommuni-
cation, being the extreme and final end of any Suit in the
Court at Pome, be not to be allowed within England, it
confe-
Ecclefiaftkdl Law,. 5 5 -
confequently followeth, that by the ancient Common Lzws.Pit,Na,Bn
oi England^ no Suit for any Caufe, though it be fpiritual,
riling within this Realm, ought to be determined in the
Court of Rome » ^iafrnjira expeSatur eventusy cujm ejfeClus terfol.ii,
mllm fequitttr : And that the Biflaops of England^xt It Qughtto be
the immediate Officers and Minifters to the King's Courts, tleterminedm
loan Attachment upon a Prohibition, the Defendant
pleaded the Pope s Bull of Excommunication of the Plain- in England..
tif.^ The Judges demanded of the Defendant! if he had gj E..%,Ttt£
not the Certificate of fome Biihop within the Realm tefti- Excom.6. '
fying this Excommunication. To whom the Counfell of,
the Defendant anfwered, that he had not> neither was it '
as they fuppofed neceflarie j for that the Bulls of the Pope
under Lead were notorious enough. But it was adjudged ^
that they were not fufficient, for that the Court ought not
to have regard to any Excommunication out of the Realm :,
And therefore by the rule of/he. Court the Plaintif was not
thereby difabled.
Reges facro oleo undi funt Spiritualk JurijdiUionii capaces0 f
where a Prior is the King's debtor, and ought to have 105.
Tithes of another Spiritual perfonjhe may-chufe cither to fue 38 Ajj^pl.20.
for fubtra^lion of his Tithes in the Eccleliaftical Court, or/
in the Exchequer, and yet the perfons and matter alfo were
Ecclefiafiical. For feeing the matter by a mean concer-
neth the King, he may foe for them in the Exchequer as
well as in the Ecclefialtical Court, and there Ihall the right
of Tithes be determined. And' Fitzh'erbert in his
hre. fol. 30. holdeth, that before the Statute of 18 E.^-cap.
7. right of Tithes were determinable at the Temporal
Courts at the eleftion of the party j and by that
Statute afligned to be determined in the Eccleliaftical.
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 lall Wills and
Teftaments. And it appeareth by 11 H.7./0/.12. that Pro-
bateofTeftaments did not appertain to the Ecclefiafticall 31 £.3.(42,.
Court, but that of late time they were determinable there, n-
So as offuch Caufes, and in fuch manner as the Kings of
the.
/
Of the King*si
.58 Ltb.Aff.
JU22,
4^ E»^»Tit,
Frmm,6^
the Realm by general confent and allowance have af-
Cgned to their EcclefialUcall Courts,they hayc JurifditSHon
by force of fuch allowance. \
The King did by his Charter tranflate Canons Secuiar
into Regular and Religious perfons, which he did by his
Ecclefiafticall Jurifdiftion, and could not doe it unlcfle
he had Jurifdiftion Ecclefialticall.
The Abbot of Waltham died in the 45 .year of £.3.and one
'Nkholof Morris was eledted Abbot^ who, for that the Abbey
was exempt from ordinary Jurifdi6lion,''fent to Rome to be
confirmed by the Pope : And becaufe the Pope by his Con-
Ifitutionshad referved all fuch Collations to himfclf, he
■did recite by his Bull, that he, having no regard to the E-
ledion of the faid NicWiff, gave to him the faid Abbey.,
and the Spiritualties and Tcmporalties belonging to the
-fame, of his fpirituall grace,and at the requeft ( as"he feig-
tied) 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 refolved by them all, that this Bull
-was againft the Laws of England, and that the Abbot for
obtaining the fame was fallen into the ^King's mercy:
whereupon all his polTeliions vvere feifed into the^King's
hands, as more at large by the faid Cafe appearetL
where the Abbot of Wejiminfter 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 diftindt and capable Body tofue and be fucd
by themfelves. >
At a Par'liameiit holden in the 25. year of King Edrvard-
the Third, it was enat^ed by confcntof the whole Parlia-
ProvtjoribHi. 0jeut, That as well they that obtained Provifions from
Rome, as they that put them in execution, fhouldbe out of
the King's protedion ■, and that a man might doe with
themasvvith the enemies of the King-, And he that offcn-
deth againft fuch Frovifors in body, goods, or other pofi
fefljons, fhould be-, excufed againft all people, and fhould
never be impeached or grieved for the fame. By which Law
every man might lawfully kill fuch an Offendor, a.s a com<
men
-49 E.g.Lf5.
Jff.pl.8.
Statut,de
2$ £. ^,de
EcclefidfticaU La'm, 57
iBon enemy againft the King and his Coiintrey, fo hainous
were fuch offences then holden.
Afterwards, in the fame 25. year of King Edward the .
Third, it was in open Parliament by the grievous com- ^
plaints of all the Commons of this Realm fhewcd, that the ^
Grievances and Mifchiefs aforefaid did daily abound, to
the great dammage and deftruftionofall this Realm, more
then ever before, viz. That of late the Bifliop of Rome,
by procurement of Clerks and otherwife, had referved and
did daily referve to his Collation, generally and fjlecialiy,
as well Archbifhopricks, 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 fame
as well to Aliens as to Natives,and did take of all fuch Benefi-
ces the Firft-fruits,and many other Profits \ and a great part
of the Treafure of the Realm was carried away and dilpen-
dcd out of the Realm by the purchafors of fuch graces: and
alfoby fuch privy Refervations,many Clerks,advanced in the
Realm by their true Patrons,which peaceably had holden
their Advancements by long time, were fuddenly put out.
whereupon the faidCommons did pray their faid Sovereign
IwOrd the King,that lithence the right of the Crown of £«g- Nate.
land and the Law of the faid Realm was fuch, that upon the
mifchiefs and dammages which happened to his Realm, he ^
ought and was bound of the accord of his faid people
thereof to provide remcdic and law, for the avoiding the
mifchiefs and dammage which thereof came,that it might
pleafe him thereupon to ordain remedy. The (aid King Ed.
the ^.feeing the mifchiefs and dammage before named,and
having regard to the Statute made in the time of his Gratid-
father King Ed. i. and to the caufcs contained in the fame,
which Statute holdeth always his force,and was never de-
feated nor adnullcd in any point; and forafmuch as he was
bound by his Oath to fee the fame to be kept as a Law^ of this
Realm, though that by fufferance and negligence it had
been lithence attempted to the contrary v alio having re-
gard 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 mifchiefs which
had
58
Of the King
had happened, and daily did happen, to the Church of
Englandby ths faid caufe j byahealTentofall the Great men
and the Commonalty of the faid Realm, to the honour of
God, and profit of the faid Church of of all
his Realm, did order and eftablifh, That the free Election
t/ide 10 E.^. of Archbifhops, Bilhops, and all other Dignities and Bene-
2. eledtoiy in England^ fliould hold from thenceforth in
the manner as they were granted by the King's Progeni-
tors, and founded by the Anceftors of other Lords ; And
that all Prelates, and other people of Holy Church, which
had Advowfons of any Benehces of the King's gift,orofany
of his Progenitors, or of other Lords and Donors, to doe
Divine Service and other charges thereto pertaining,(hould
have their Collations and Prefentments freely, in the man-
neras thiy were infeoffed by their Donors; And in cafe
that Refervation, Collation or Provifion be made by the
Court of Rome of any Archbifhoprick, Bifhoprick, Dignify,,
or other Benefice, in difturbance of the Ele^ions, Collations
or Prefentations afore named. That at the time of the A-
voidance, that fiich Refervations, Collations and Provifi-
ons ought to take eife A, the faid King the Third
^ and his Heirs Ihould have and enjoy the fame Collations
' to the Archbifhopricks and other Dignities eledSrive, which
be of his Avowry, as his Progenitors did before that
free Eledion was granted, fithence that the Elctftions were
firft granted by the King's Progenitors npon a certain form
and condition, as to demand licence of the King to chufc,.
and after the Ele^ion to have his Royall Affent, and not
in other manner: which conditions not kept, the King
ought by reafon to tefurt to the Hrft nature, as by the faid
Adf more at large appeateth.
In the 27.year of the Reign of the fame King it was
gficvoully complained to the King in a Parliament then
holdeht 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 anfwer to things whereof the conufance per-
tained to the King's Court, and alfo that the Judgments
given in the fame Court were impeached in other Courts,
Statutumde
27 £.3.
in
Lan?,
59
in prejudice and dilherifon of the King and of his Crown,
and of all the people of his faid Realm, and to (he undoing
and deftruftion of the Common Law of the fame Realm at
all times ufed. Whereupon good deliberation being had
with the Great men and Others of his faid Council, it was
affented and accorded by the King and the Great men and
Commons aforefaid. That all the people of the King's alle-
geance, of what condition that they be, which fhould draw
any out of the Realm, for plea whereof theconufance per-
tained to the King's Courti or for things whereof Judg-
ments were given in the King's Court, or which did fue in
any other Court, to defeat or impeach the Judgments given
in the King's Courts, (hould incur the danger of trmunire,
as by the faid A<^ appeareth.
To nourilh love, peace and concord between Holy Stam, de
Church and the Realm, and to appeafe and ceafe the great 28
hurt and perils and importable lofles and grievances that
had been done and happened in tinaes pah, and that (hould
happen hereafter, if the thing from thenccfortli be fuifered
to pafs, bccaufe of perfonal Citations, and other that be
palled before this time, and commonly did pafle from day to
day out of the Court of Kome, by feigned and falfe Sugge-
fiions and Propofltions againif all manner of perlbns of the
Realm, upon Caufcs whofc cognifance and final difcuffing
pertained unto the King and his Royal Court j and alio of
lmpetr,ations and Provifions of Benehces and Offices of Holy
Church pertaining to the gift, prefentation, donation and ^
difpofition of the King^and other Lay Patrons of this Realm,
as of Churches, Chappels,and other Benefices appropriated
to Cathedrall Churches, Abbies, Priories, ChauntrieSjHof^
pitalls, and other poor Houfes, and of other Dignities,
Offices and Benefices occupied in times pa(t, and prefented
by divers and notable perfons of the faid Realm ; for which
caufes, and difpenfing whereof, the good ancient L ws,
Ufages, Cuftomes and Franchifes of the (aid Realm had been
and were greatly appaired> blemifhed and confounded, the
Crown of their Sovtreign Lord the King minifhed, and
his Perfonfalfely defamed, his Treafury and Riches of the
I 2
Realm
I
J
50 Of the Kings
Realm carried away, the inhabitants and fubjeds ofahc
Realm impovcriflied and troubled, the Benefices of Holy
Gharch wailed and deiltoyed, Divine Service, Hofpitali-
lies, Aims-deeds and works of charity withdrawn and fet
apart, the Commons and Subjc(5ts of the Realm in body and
goods confumed ; Tl^eKing at his Parliament holdenat.
J Wefiminjhr in the Vtat of S, Hillary, the 38. year of his
3- regard to the quietnefs of his people, which
he chiefly defired to fuftain in tranquillity and peace> to go-
vern according to the Laws, Ufages and Franchifes 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 Provifions againft the
faid Grievances and Perils s which Ordinances and Pro-
vifions, and all the other made in his time, and efpecially
in the 25. and 27. years ofhisReign, the King by-the af-
fent and cxprcfl'e will and concord'of the Dukes, Earls,
Barons, and the Commons of this Realm, and of all other
whom thefe things touched, by good and meet deliberati-
. on and advifcment, did approve, accept, and confirm, as
by the faid Aft appeareth.
But thofe which fhould execute the faid good Laws a-
gainft fuch capitall Offendors were cutfed, reproved and
defamedi by.fuch a« maintained the ufurped Jurifdiftion
of the Bifhop of Rom: Againft which-an efpecial Aft
of Parliament' was made by the King and his whole_
Realms prohibiting thereby fuch Defamations-and Re-
pXOOfSe i
/
In the Reign, of King Richard Second'.-
^ , \ Gainft an Incumbent of a Church in England another
Jurifdi^ton fueth aProvifiondn the Court of Rome^^x\d there pur-
i8i fuethuntili he recovereth the Church againlf the Incdm-
bent, and after brought an Aftion of Accoant againft him,
as receiver of divers fums of money, (which in troth were
the Oblations and Offerings which the Incumbent had re-
/ . ceivcd.)
Ecclefiafiicall Law; 6i
ceived.) And ihe'whole Court was of opinion againfi: the
Plaintif, »nd thereupon he became non-fuit.
It is declared by that Parliament, that the Crown of E»g' gtatutum Ke^
land hathheen fo free at all times,, that it hath been in ^fub- 15 K.ixaf.
ie'Sion to no Realms but immediately, fubjeft to God, , and 5«
none other s and that the fame ought not in any , thing ^ '
touching the Regaltyofthe fame Crown befubmitted to
the Bilhop of Rome, nor the Laws and Statutes of this
Realm by him fruftrated or defeated at his will, to tlhe per-
petuall deftrubtion of the King,his Sovereignty, Crowirand
Regalty, and of all his Realm. And the Commons in that
Parliament affirmed , that the things attempted by the ^
Bifllop of Rome be clearly againh the King's Crown and his
Regalty^ ufed and approved in the time of all his Progeni-
tors, wherefore they and all the liege Commons, ot the
fame Realm would ftand with the King and his faid Crown,
and his Regalty, in the cafes aforefaid, and in all other ca-
fes attempted againft him, his Crown and his Regalty, in
all points to live and to die. And moreover thty did pray =.
the King, and him required by way of juhice, that he
would examine all the Lords in the Parliament, as well
Spiritual as Temporal, fevcrally, and all the States of the
Parliament, how they thought of the cafes aforefaid,which <
were fo openly againft the King's Crown> and in derogati-
on ofhls Regalty^ and how they^would ftand in the fame
cafes with the King, in upholding the Rights of the faid
Crown and Regalty, Whereupon the Lords Temporal fb -
demanded did anfwer everyone by himfelf. That the cafes
aforefaid were clearly in derogation of .the King's Crown
and of his Regalty, as it was will known, and had been
of long time known > and that they would ftand with the
fame Crown and Regalty in thofc cafes efpecially^and in all
other cafes which fnould be attempted againft the laid
Crown and Regalty, in all points, with ail their power.
And moreover then was demanded of the Lords Spiritual
there being, and the Procurator? of others being abfenf,
their advice and will in all thofe cafes: which Lords, that
!$ao fey, the Arehbi(hops> Biffiops and other Prelates,i>eing
of the Kin^s
in the Parliament feverally examined , making protcftati-
ons that it was not their mind to deny or affirm that the
Bifhop of Rome might not excommunicate Bifhops, nor
that he might make Tranflation of Prelates after the
Law of Holy,Church, anfwered and faid, That if any
Executions or ProcelTes in the King's Court, as before,
were made by any, and cenfurcs of Excommunications
be made againft any Bilhopof England, or any other of the
'King's liege people, for that they had made execution of
fuch commandments > and that if any executions of fuch
Tranflations be made of ary Prelats of the fame Realm,
which Prelats were very profitable andnecelTary to the King
and to his faid Realm > or that his fage men of his Council
•without his alTent and againil his will be withdrawn and c-
loignedout of the Realm,(b that the fubftance andXreafury
of the Realm might be deftroyedi that the fame was againii
the King and his Crown, as it was contained in the Petition
before named. And likewife the fame Procurators, every
one by himfelf examined upon the faid matteis, did an-
fwer and fay in the name and for their Lords as the faid Bi-
(hops had faid and anfwered : And that the faid Lords Spi-
ritual would and ought to ftand with the King in thefe ca-
fes, lawfully in maintaining of his Crown, and in all other
cafes touching his Crown and hisRegalty, as'they were
bound by their Allegeance. Whereupon the King by the
alTent aforefaid, and at the prayer of his faid Commons, did
ordain and eftablifli, That if any purchafe orputfue, or
caufe to be purchafed or purluedjin'the Courtof^owc or
elftwhere, any fuch Tranflations, Procefles and Sentences
of Excommunication,Bulls,Inflruments, or any other things
which touched the King their Lord, againft him, his Crown
and his. Regalty , or his Realm, as is aforefaid , and they
which bring them within the Rcalm,or them receive, or
make thereof notification,or any other execution,within the
fame Realm or without, that they,their notorious procufa-
tbrs,maintainers,fautors and counfellors,jfhould be put out of
the King's proteftion,and their lands and tenements, goods
andchattcls forfeit to theKing,and they be attached by their
bodies,
bodies, if they may be found, and brought before the King'
and his Council, there to anfwer to the cafes afore-
faid i or that procefle be made againft them by ?remmire
faciof^zs k is ordained in other Statutes of Provifors, and
others which do fue in any other Court in derogation of^
the Regally of the King, as by the faid alfo appea?
reth. ^
In the Reign of King Henry 'the Fourth.
IT is refblved that the Pope's Colledor, though he have „ r,
the Pope's Bulls for that purpofe, hath no Jurifdit^ion
within this Realm: and there the Archbiftiops and Bi- ' /
fhops , &c. of this Realna are called the King's Spitituall
Judges. ' • ,
By. the ancient Laws Ecclefiafticali of this Realm, no rr.
man could be convi^ed of Herefie, being high Treafon a-
gainft the Almighty, but by the Archbifiiop and all the Cler-
gyof that Province, and after abjured thereupon, and after
that newly convifted and condemned by the Clergy ofthat
Province, in their general Council of Convocation : But the 7hk hada re-
Statute- 2 H. 4. eap, 15. doth give the Bilhop in his Diocefe fimblanceto
power to condemn an Heretick. And before that Statute
he could not be committed to the Secular power to be wherein there
burntiuntill he had once abjured, and was again relapfed nJHftbefirfl
to that or fome other Herefie. Whereby it appeareth that ^nditement;
the King by confent of Parliament diretSted (he proceedings
in the Ecclefiafticali Court in cafe of Herefie, and oth.tr iHon by mo-'
matters more fpitituall; \ther.
The Pope cannot alter the Laws of England. it 37.
The Judges fay, that the Statutes which reftrain the
Pope's Provilions to the Benefices of the Advowfons of Spi- V
ritual men were made, for that the Spiritualty durft not in
their jult caufe fay againft the Pope's Provifions: So as
thole Statutes were made but in alfirtnance of the Common
Laws. • ^
■Excommunication made byjhe Pope is of no fore in Eng-
landy
r
■£~a Of the Kin£s
pl.i^.before. land, aai the fame being certified by the Pojpe info ariy
Videp £. 5. Court in England ought not to be allowed i neither is any
Vide2o%J. Certificate of any Excommunication available in law; but
I. 57 H.6, what is made by fome of England : for the Bifhogs
43.7 £.4. are by the Common Laws the immediate Officers and Mi-
niftcrs of iuftice to the King's Courts in Caufes Ecclefiafti*
Br,6A,F* '
^ call.
. 14 /f. 4.14. If any Bifhop do excommunicate any perfon for a Caufc
that belongeth not unto Him, the King may write unto
•the BUhop,and command him to aflbil and abfolve the par-
tyi
■Sum.de If any perfoti of Religion obtain of the Bifiiopof Komt to
2 exempt from obedience Regular or ordinary, he is in cafe
of PrewKwre, which is an offence, as hath been faid, contra
Kegefity Corenatn & DignUatetn fuof*
StatHt.de Commons did grievoufly complain to the King, at
6 H. 4 cap.i, jjjg Parliament holden in the 6. year of fr.4. of the horrible
mifchiefs and damnable cuftomes which then were intro-
du6lof new in the Court of Jiomey that no perfon, Abbot or
other, fhould have provifion of any Archbifhoptick or Bi-
Ihoprick which fhould be void, till he had compounded
with the Pope's Chamber, to pay great and excelfive fums
of money, as well for the Firft-firuits of the fame Archbifho-
prick or B!fhoprick,as for the other leffeServices in the fame
Court i and that the fame fums, or the greater part there-
of, be paid beforehand i which fums paiTed the treble or
the double at the leaft ofthatthat was accuftomed ofold
^ time to be paid ia the faid Chamber and otherwife by the
occafions of fuch Provifions: whereby a great jpart of the
Treafury of this Realm had been brought and carried to the
faid Court, and alfo fhould be in time to come, to the great
impoverifhing of the Archbifliops and Bifliops within the
fame Realm, and elfcwhere within the King's dominions,
if convenient remedy were not for the fame grounded.
The King,to the honour of God,as well to cfchew th« lam-^
mage of this .Realm, as the perils of their fouls which owen
to be advanced to any Archbifliopricks and Bifliopricks
within the Realm of England,imd clfewheie within the
King's
. Kitig^s dominions out of the fame Realm, by the advice and
alfent of the Great men of his Realm in the Pat!iament»did
ordain and eftablifh, That they and every of them that
fliould pay to the faid Chamber or othcrwife, for fuch Fruits
and Services, greater fums of mony then had been accu-
ftomed to be paid in old time paft^they and every of them
fhould incur the forfeiture of as much as they may forfeit
towards the King, as by the faid Aft appeareth,
Noperfon» Religious or Secular, of what eftate or condi- SututdiiH,
tion that he were, by colour of any Bulls containing privi-
ledges to be difcharged of Tithes pertaining to Pariili-
churches. Prebends, Hofpitals, Vicarages, purchafed before
the firft year of King Kichard the 2. or after, and not exe-
cuted, (hould put in execution any fuch Bulls fb purchafed,
or any fuch Bulls to be purchafed in time to come, upon
the pain of a Ptemunire^ as by the faid Aft appeareih.
In the Reign of King Henry the Fifth,
IN an A<a of Parliament made in the third year of King Statut. it
H* 5. it is declared,That whereas in the time of King H. ^
4. Father to the (aid King, in the 7. year of his Reign, to ef-
chew many difcords and debates, and divers other mif»
chiefs, which were likely to arife and happen becaufe of ma-
ny Provifions then made,or to be made,by the Pope,and alfo
of Licence thereupon granted by the faid late King, a-
mongft other things, it was ordained and eftablilhed. That
no fuch Licence or Pardon fo granted before the fame Ordi-
nance, or afterwards to be granted, Ihould be available to
any Benefice full of any Incumbent at the day of the date of
fuch Licence or Pardon granted", Neverthelefs divers per-
fons , having Provifions of the Pope of divers Benefices in
and elfewhere, and Licences Royall to execute the
fame Provifions, have, by colour of the fame Provifions, Li-
cences and Acceptations of the faid Benefices, fubtilly exclu-
ded divers perlbns of their Benefices,in which they had been
Incumbents by a long feafon of the collation of the very Pa-
K trons
66 Of the Kin^s
trons Spiritual, to them duely made to their intent, to the
final dettru(Sion and enervation of the ftates of the fame In-
cumbents : The King, willing to void fuch'mifchicfs,hath
' ordained and ertablifhed, That all the Incumbents of every
Benefice of Holy Church, of the Patronage,Collation or Pre-
fentation of Spirituall Patrons, might quietly and peacea-
bly enjoy their faid Benefices, without being inquieted, mo-
lefted, or any ways grieved, by any colour of fuch Provifions,
Licences and Acceptations v And that all the Licences and
Pardons upon and by fuch Provifions made in any manner
fhou^d be void, and of no value i And if any feel himfelf
grieved, molcfted, or inquieted, in any wife from thence-
forth by any ^ by colour of fuch ProviHons, Licences, Par-
dons , or Acceptations , that the fame moleftors, grievors
*5MM^e2F.or inquietois, and every of them, have and incurre the
$.caf.n.Lol- pains and punifhments contained in the Statutes of Pro-
before that time made , as- by the faid A<^ appea-
if the dejlfu* reth»
aionof the Ht A Statute Was made for extirpation ofiHerefie and Lot-
Corn,foifNe. lajcJry^ whereby full power and authoriiy was given to the
'fhulllmof' I"ftices of Peace, and Juftices of Affile, to inquire of thofe
true hold Errours, Hercfies or Lollardry,aad of their main-
ivfelix klium tffteriles domhantur avem. tainers, ^e. And that the She-
.... , ... ... Qj other Officer, &c. may ar-
Etcarcant loltt^ oculos vtttanttbH,apprehend them.
Statutum'de The King, by confcnt of Parliament, giveth power to
a//, Ordinaries to enquire of the foundationy ere6lion and go-
vetaance of Hofpitals , other then fuch as be of the King's
foundation, and thereupon to make corre^ionand refer-
mation according to the Ecclefiafticall Law-
In the Reign of King Henry the Sixtb0
\
az/.^./o/.S.Tj'Xcommunication made and certified by the Pope is of
JZ/ no force to difable any man within England: And this
is by the ancient Common Laws, before any Statute was
made concerning forrein jufifdi^ion.
The.
Ecclefiafikdl Law. 67
The King onejy may grant or licence to found a Spiritu* ^ HJ.fol.i6.
al Incorporation.
In the Reign of King Henry the 6. the Pope writ Letters i H.i.fol.io.
in derogation of the King and his Regal ty,and the Church-
men durft not fpeak againfi them ; But Hnmfrey Duke of
Ghmeflery for their fafe keeping, put them into the lire.
In the Reign of King Edward Fourth.
/
IN the Reign of King Edtvtrd the Fourth the Pope gran- i
to the Vnot oi Saint Johns to have Sandluary with-
inhisPrioiy> and this was pleaded and claimed bythePri-
or; But it was refolved by the Judgest that the Pope had
no power to grant any Sanftuary within this Realm, and
therefore by judgement of the Law the fame was difallow- ^ .
ed.
There it appeareth, that the opinion of the King's Bench g
had been oftentimes,that if one Spiritual petfon fue another Fitx.iNa.Br.
Spiritual man in the Court of for a matter fpiritual^/o/. 44»iy. <i-
where he might have remedy before his Ordinary, that is
the Bilhop of that Diocefc within the Realm, quU trahit if' ^
fum in plaeitum extra regnnm, incurreth the danger of a
Pfemitnire^ 3ihdiinous offence It beings contra legianti£fi4£ de-
bitum^in contemptum Domini Rcgii^ & contra Coronam & dignh
taiem f'uM. By which it appeareth how grievous an offence
it was againft the King, his Crown and Dignity, if any fub-~
je6^i although both the perfons and caufe were Spiritual!,
did feek for juftice out of the Realm, as though either there
wanted Jutifdiiflion, or Juftice was not executed in the Ec-
clcfiaftical Courts within the fame •, which ( as it hath been
faid ) was an high offence > eontra Rtgeniy Coronam & digni-
tatetn fuas*
In the King's Courts, of Record,where Felonies are deter- ^ .
mined,-the Bifhop or his Deputy ought to give his atten-
dance, to the end that if any that is indi<%ed and arraigned
for Felony do demand the benefit of his Clergy, that the Or-
dinaty may inform the Court of his fulficiency or infuftici-
K 2 ency,
/
7 2 King's ^
ency, that is , whether he can reade as a Clerk or not >
whereof notwithltanding thejOrdinary is not to judge, but
- - V. ' is a tninifter to the King's Court i and the Judges of that
Court arc to judge of the fufficiency or infufHciency of the
patty.whatfoever the Ordinary doth inform them,and upon
due examination of the party, may give judgement againft
^ the Ordinarie's information : for the King's Judges are Jud-
ges ofthe caufe.
The Pope's Excommunication is of no force within-the
Realmof England.
In the Reign of King Edward the Fourth, a Legate from
the Pope came to Calieey to have come info England i but
the King and his Council would not fuffer him to come"
within England, until he had taken an oath that he fhould
attempt nothing againft the King or his Crown ; and Co the
like was done in his Reign to another of the Pope's Legates.
And this is fo reported in i Henrici 7. fol. 10.
' In the Reign of King Richard the Third,
f tT is rcfolved by the Judges, That a Judgement or Ex-
2 . 3» o. 2, communication in the Court of Kome fhould not bind
or prejudice any man within England at the Common
Law.
/
In the Reign ofKinglAexvcy the Sevenths
/
I M7.10. the Reign of King Henry the 7. the Pope had excom-
Xmunicated all fuchperlbns whatfoever as had bought Al-
lum of the Florentines: And it was refolved by all the Jud-
ges of England,thtt the Popc'sExcommunication ought not
to be obeye(J or to be put in execution within the Realm of
England.
Siatm. del jn a Parliament holden in the firft year of King Henry the
H. 7. cap. 4. Seyenth, for the more fure and likely reformation of Pricfts,
Clerks and Religious men, culpable or by their demerits
V openly
Ecclefiaflicall Laia?,
69
/
openly noifed of incontinent living in their bodies, contrary
to their Order, it was enaded, ordained and eftablifhed, by
the advice and aflfent of the Lords Spiritual and Temporal,
and the Commons in the faid Parliament affembled, and by
authority of the fame, That it be lawful to all Archbifhops
and Biftiops, and other Ordinaries , having Epifcopal Jurif-
diftion, to punifh and chaftife Friefts, Clerks and Religious
men, being within the bounds of their Jurifdi^ion, as (hall
be conviiled afore them by examination, and latyfull proof
requilite by the law of the Church, of Advoutrie, Fornica-
tion, Inccft, or any other fleflily Incontinency, by commit- j
ting them to ward and prifoni there to abide for fuch time ;
as (hall be thought to their difcretions convenient for the
quality and quantity of their trefpafs : And that none of the
laid Archbifhops, Bifhops or Ordinaries aforefaid, be
thereof chargeable, of, to, or upon any aftion of falle or
wrongful! imprifonmcnt, but that they be utterly there- I,
of difcharged in any of the cafes aforefaid, by virtue of this
J?e)eeji perfona m!Kfa,bec3Lafe he hath both Eccleliahical
and Temporal Jurifdit^ion.
By the Ecclefiariical Laws allowed within this Realm, n
a Prieft cannot have two Benefices, nor can a Bahard be
a Priefl > but the King may, by his Ecclefiahicall power
and }urifdi61ion, difpenfe with both of th^fe, becaufe they
be mala prohihita , and not mala fir fe*
In the Reign of King Henry the Eighth,
By an A(% of Parliament made in the 24. year of King
Henry the 8. that is to fay, by the King, 24 Bifhops,
29 Abbots and Priors, for fo many were then Lords of
Parliament, by all the Lords Temporal and the Commons
in that Parliament affembled, it is declared, That where
by divers fnndiy old authentick Hifloiies and Chronicles
it was manifeAly declared and exprelTed, that this Realm
of England is an Empire) and fo hath been accepted in the
world)
. /
a
Statute Se 24
fI,B,cap,i2n
thU Statute
is declarator
rie of the ait"
cunt laws of
England^as
mamfeflly
peareth by
that which
hath been
faid*
yo Of the Kin^s
worldi governed by one Supreme Head and King, having
ir'tfrnm Dignity and Royal eftate of the Imperial Crown of the
tit.Prefent- fame, unto whom a Body politick compa<51: of all forts and
ment alEf degrees of people, divided in terms and by names of Spi-
glifepl.i2. ritualty and Temporalty, been bound, and ought to bear,
mmmed'tt' God, a natural and humble obedience j he being
doe certain a^fo inftitute and furniihed by the goodnefs and furtherance
things with^ of Almighty God with plenary, whole ,and entire Power>
in this realm Preheminence, Authority, Prerogative and Jurifdi6fion,
to render and yield Juftice and final determination to all
right,until manner of folk reilants or fubjet^s within this his Realm, in
the reign of all caufes, matters, debates and contentions happening to
U.S. occur, infurge or begin within the limits thereof, without
reftraintor provocation to any forrein Princes or Potentates
ofthe world: The Body Spiritual whereof haying power,
when any caufe of the Law Divine happened to come in
, ^ queftion, orofSpirituailearning, that it was declared, in-
terpreted and (hewed by that part of the faid Body politick,
called the Sfiritaaltyi then being ufually called the Eng-
li(h Chnrchi which aiwaies had been reputed and alfo found
of that fort, that both for knowledge, integrity, and fuf-
hciency of number, it had been always thought, and was
alfo at that hour fufGcient and meet of it felf, without the .
intermeddling of any exteriour perfon or petfons, to declare
and determine all fuch doubts, and to admintder all fuch
offices and duties as to the rank fpiritual did appertain.
For the due adminidration whereof,and to keep them from
corruption and hnifter affedion, the King's mod noble Pro-
geuitors, and the antecelTors of the Nobles of this Realm,
did fufficiently indow the faid Church both with honour
and poffedions. And the Laws Temporal, for trial of pro-
perty of lands and goods, and for the conferyation of the
people of this Realm in unity and peace, without ravine or
fpoil, wasadminidred, adjudged and executed by fundry
Judges and Minifters of the other part of the faid Body po-
litick, called the 7'emporaltie. And both their Authori-
ties and Jurifdiflions did conjoyn together in ths due ad-
^nlnidration of Judice, the one to help the other. And
, whereas'
Ecclejiajiicall Lan?,
whereas the King, his tnoft noble Progenitors, and the
Nobility and Commons of the faid Realm, at divers and
.fundry Parliaments,as well in the time King Edward the i.-
Edwatdih^ 3. Richard the 2, Henry the 4. and other noble
Kings of this Realm, made fundry-Ordinances, Laws,
Statutes and Provifions, for the entire and fure conferva-
tion of the Prerogatives, Liberties and Preheminences of
the faid Imperial Crown of this Realm, and of the Jurif^
didion Spiritual and Temporal of the fame, to keep it from
the annoiance as well of the See of Komci as from the au-
thority of other forrein Potentates, attempting the diminu-
tion or violation thereof, as often and from time to time as
any fuch annoiance or attempt might be known or efpied :
And notwithftanding the faid good Statutes and Ordinan*
ces, made in the time of the King's mod noble Progenitors,
in prefervation of the Authority and Prerogative of the faid
Impetiall Crown, as is aforefaid V yet nevertheleis fithence
the making of the faid good Statutes and Ordinances, di-^
vers and fundry inconveniences and dangerSvanot provided
for plainly by the faid former iiiis,'Statutes and Ordinan-
ces> have rifeh'arid fprung by reifon of Apjpeals fued out of
this Realm to the See of Rome,' in caufes Teftamentary,
xaufes of Matrimony and Divorces, right of Tithes,Oblations
and Obventions, not-onely to the great inquietation, vexa-
tion, troublcj cods and charges of the King's Highnels and
many of hislubjedsand leliants in this hisRealtn, butahb
to the great delay and lett to the time and fpeedy deter-
mination of the faid caufcs, forafmuch as the parties appea-
ling to the faid Court of Rome mod commonly did the fame
for delay of Judice, and forafmuch as the great didance of
way was fb far out of this Realm, that neither the .neceiTa-
ry proofs nor the true knowledge of the caufe could be fo
well known, or the witneffes there fo well examined, as
within this Realm, fo that the parties grievedbyLmeans of
the faid Appeals were mod times without remedy ; In con-
fideration thereof, the King, his Nobles and Commons,,
conddering the great enormities,dammages,long delaies and
■ hurts, that as well to his Highnefs, as to his faid Noble
(ubje^s.
Of the King*si
This alfo ii
fubie£ls,Commons and refiants of this his Realm,in the faid
caufes Teftamentaty, caufes of Matrimony and Divorces,
Tithes,Oblations andObventions,did daily cnfue, did there-
fore by his Royall affent,and by the aflent of the Lords Spi-
ritual and Temporal, and the Commons in that Parliament
• aflembkd, and by Authority of the fame, ena<5t, ellablifh
and ordain. That all caufes Teftamentary, caufes of Matri-
mony and Divorces, rights of Tithes, Oblations and Ob-
ventions, the knowledge whereof by the goodnefs of Prin-
ces of this Realm, and by the Laws and Cuftomes of the
fame, appertained to the Spiritual Jurifdidion of this
Realm, then already commenced, moved, depending, be-
ing, happening , or hereafter coming in contention, de-
bate or queftion within this Realm, or within any of the
King's dominions, or Marches of the fame, or elfewhcre,
whether they concern the King, his Heirs or Succeflbrs,
or any other fubjcQs or refiants within this Realm, of
what degree foever they be, fhould be from thenceforth
ledarmi heard, examined , ^ifcuired,.clearly , finally and defini-
ef the ancient tively adjudged and determined, .within the King's Jurif-
Law, as it diiRion and Authority, and not elfewhcfe, infuch Courts
fJhZ'oE Spiritual and Temporal of the fame as the natures, condi-
tions and qualities of the Cafes and matters aforefaid in
contention) or thcrcsiftcr happening in contention) ihould
ny other cafes Without having any tefpe<a to any cuftome, pfe or
fufferance in hVnderance, lett or prejudice of the fame, or
to any Other thing ufed'or fuflfered to the contrary there-
of, by any other manner perfon or perfons in any manner
of wife i any forrcin Inhibitions,Appeals, Sentences, Sum-
mons, Citations, Sufpenfions, Interdidions, Excommuni-
cations, Reftraints, Judgements, or any other Frocefs or
Impediment, of what natures, names, qualities or conditi-
ons foever they be,< from the See of Kome, 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 fame, to the See of Romefii to any other for-
rein Courts orPotentates,tothe let tor impediment thereof,
in any wife notwithftanding, as by the faid A6f appeareth.
. By
✓ ^
andftatutes
abovejaid^
\
r
r
By an Aft of Parliament in 25 H. 8. it is declared by the
King, the Lords Spiritual and Temporal) and the Commons
in that Parliament aifembled, That neither the King, his Thi* was'alf$
Heirs nor SuccefTors, Kings of this Realm , nor any his declarator) of
fubjefts of this Realm, nor of any other his dominions,
(hould from/(henceforth fue to the feid Bifliopof cal-
led the P^e, or to the See of Rome, or to any perlbn or hathbeenfaid
perfons^ having or pretending any Authority by the fame, apfeareth,
for J^fcences, Difpenfations, Impofitions, Faculties,Grants,
Refcripts, Delegacies, or any other Inllruments or Writings,
of what kind, name, nature or quality (bevcr they bc» for
any caufe or matter for the which any Licence, Dilpenfati-
on,Compo(ition, Faculty, Grant, Refcript, Delegacy,Indru*
meat or other Writing, theretofore had been ufed and ac<^
cuftomed to be had and obtained at the See of Rome fit by au-
thority thereof, or of any Prelat of this Realm *, nor for any
manner of other Licences) Difpenfations, CompoHtions, Fa^
culties,Grants,Refcripts,Delegacies,or any other Inftruments
or Writings,that in cafes of necelHty might lawfully be
granted without offending of the Holy Scriptures and Laws
of God : But that from thenceforth every fuch Licence,Dif-
penfation, Compofition) Faculty, Grant, Refcript, Delegacy,
Inftrument, and other Writing aforenamed and mentioned,
neceffary for t he King, his Heirs and Succcilbrs> and his and
. their people and fubjefts, upon the due examination of the
caufcs and qualities of the perfons procuring fuch Difpenla^
tions,Licences,Compo{itions,FacultieS)Grants,Refcripts,De>
legacies, Inftruments, or other Writings, Ihould be granted,
had and obtained from time to time within this his Realm,
and other his dominions, and not elfewhere,in manner and
form following, and not othcrwife. That is to fay. The
Archbiihop of Canttrbury for the time being, and his Sue-
cciTors, (hould have power and authority from time to time
by their difcrctions to give, grant and difpofe by an Inftru-
ment under the Seal of the faid Archbiihop unto the King,
and unto his Heirs and Succeifors Kings of this Realm, as
well all manner of fuch Licences, Difpenfations, Compofiti-
ons,Faculties ^ Grants, Refcripts,Delegacies,Inftiuments,
« L and
74
Of the Kin^
Thk appea-
mb bp refolu"
' tien efall the
Judges tn^
H. 8. Vtb.
Keyljp.f),
181, An i this
vpos long be^
fore any A ^
cf Par Ha-
ment was
made againft
forrein Jurif
dillim by
Henry
the 9.
and all other Writings, for caufes not being contrary or rc-
pugnant to the Holy Scriptures and Laws of God, as there-
tofore had been ufed and accuftomed to be had and obtai-
ned by the King, or any his moft.noble Progenitors, or any
of his or their fubjeds,from the See of Ro^«r,or any perfonor
perfons by authority of the (ame ; and all other Licences,
DifpenfationSj Faculties, Conapofitions, Grants, Refcripts,
Delegacies, Intlrutnents, and other Writings, in, for and
upon all fuchcaufcs and matters, as fliould be convenient
and neceffjiy to be hid for the honour and furety of the
King, his Heirs and Succeffors, and the wealth and profit of
this his Realm : fo that the faid Archbifliop, or any his
SuccelTorSj in no manner wife fliould grant any Difpenfati-
on, Licence, Refcript, or any other Writing before rehear-
fed, for any caufe or matter repugnant to the Law of AU
mightie God, as by the faid A6f alfo appeareth. Ifit be de-
manded what Canons, Conftitutions, Ordinances and Syno-
:dals provincial, are ftill in force within this Realm > 1 an-
fwerf, that it is refolved and enacted by Authority ofParlia-
meat, That fuchas have been allowed by general confent
,and cuftome within the Realm, and are not contr^ri'ant or
repugnant to the Laws , Statutes and Cuttomes of this
Realm,nor are to the dammageor hurt of the King's Prero-
gatiye royal, are ftill in force within this Realm,as the
King's Eccleiiaflical Laws of the/ame. Now, as confent
and cuftome hath allowed thofe Canons» fo, no doubt, by
general confent of the whole Realm any of the fame may be
correded, inlarged, explained or abrogated. For example»
There is a Decree that all Clerks that have received any
manner of Orders, greater or fmaller, fliould be exempt pro
caufit eriminalibus before the Temporal Judges : This De-
crce had never any force within England. Firft, for that it
was never approved and allowed of by general confent with-
in the Realm. Secondly,it was againft the Laws of the
Realm, as it doth appear by infinite precedents. ^ Thirdly,
it was againfl the Prerogative and Sovereignty of the King,
that any fubje6l within this Realm fliould not be Tub]e^ to
the Laws of this Realm.
In
EcckfiaftkaU Lam,
75
1/2 the Reign of Queen Elizabeth,^
By the faid Aft of Parliament ( whereupon the principal TheStmte ef
ca(e then in qucftion partly dependeth)made in the hrft i
year of the Reign of Queen Elizabetht it is declared, That
where in the time of the Reign of King Henry the 8. divers
good Laws and Statutes were mad^and eitablifhed^as well
for the utter extinguiihment and putting away of all ufur-
ped and forrein powers and authorities out of this Realm,
and other her dominions and co^mtries, as alfo for the refto-
ling and uniting to the Imperial Crown of this Realm the
ancient Jurifdiftion, Authorities, Superiorities and Prehe-
minenccs.to the fame of right belonging and appertaining j .
by reafon whereof her moll humble fubjefts, from the 25.
year of the faid King Henry the 8. were continually kept in
good order,and were disburthened of divers great and into-
lerable charges and vexations, before that time unlawfully
taken and exafted by fuch forrein power and authority as
before that was ufurped > And to the intent that all ufurped
and forrein power and authority, Spirituall and Temporal)
might for eveir be clearly extinguiflied) and never be ufed
or obeyed within this Realm, or any other her dominions or
countries: It was by the Authority of that Parliament en-
afted, That no forrein Prince, petlbn, Prelate, State or Po-
tentate, Spiritual or Temporal, Ihould at any time after the
lad day of that Sedion of Parliament ufe, enjoy or exercife
any manner of Power, ]urifdiftion, Superiority, Authority,
Preheminence or Friviledge, Spiritual or Ecckiiaftical,
within this Realm, or within any other the Queen's domini-
ens or countries, that then were pr hereafter Ihould be, but
from thenceforth the fame Ihoold be clearly abolilhed out of
this Realm, and all other her dominions for ever, any Sta-
tute, Ordinance, Cuftomes, Conftitutions, or any other mat-
ter or caufe whatfoever, to the contrary in any wife not-
withdanding. And it was then alio edablilhed and enafted
by the Authority of that Pailiament,That fuch Jurifdifti-
L 2 ons,
Ofthe King*s ,
onSj Privi!ed[ges> S jperiorities and Preheminences Spiritual
and EccleGaftical^as by any Spiritual or Ecclefiaftical pow-
cr or authority had heretofore been, or might lawfully be,
cxercifed or ufed for the vifitation of the Ecclefiaftical ftate
and pcrfonS) and for reformation, order and corredion of
the fame, and of all manner Errours,Herefies, Schifms, Abui-
fes,OflFcnces, Contempts and Enormities, fliould for ever by
Authority of that Parliament be united and annexed to the
Imperial Crown of this Realm : And that the Queen, her
Heirs and Succeffors, Kings or Queens of this Realm, fliould
have full pow zt and authority by virtue of that A6f, by Let-
ters Patents under the great Seal of England to affign,name
and authorize, when and as often as the Q^iecn,her Heirs or
Succeffors, fliould think meet and convenient, and for fuch
and fo long time as Ihould pleafc^the Queen, her Heirs or
Succeffors, luch perfon or perfons, being naturahborn Sub-,
jeds to the Qaeen,het Heirs or Succeiifots,as the faid Queen,
her Heirs or Succeffors fliould think nncet, to exercife,
ufe, occupy and execute, under the faid Queen, her Heirs
or Succeffors, all manner of Jurifdi<ftions, Priviledges and
Preheminenccs, in any wife touchmg or concerning any Spi-
ritual or Ecclefiaftical JurifdiiSion, within thefc Realms of
England and Ireland, or any other her dominions and coun-
tries j and to vilit, reform, redrefs,order, corre<% and amend
all fuch Errours, Herefies, Schifms, Abufes, Offences, Con-
tempts and Enormities whatfoever, which by any manner
Spiritual or Eccletiafticall power, authority or jurifdit^ion,
could or might lawfully be reformed, ordered, redreffed,
corre(%ed,reftrained or amended,to the pleafure of Almigh-
ty God/the cncreafe of vertue,and the confervation of the
peace and the unity of this Realm; And that fuch perfon
or per(bns fo to be named, adignedi authorized and appoin-
ted by the faid Queeni her Heirs or Succeffors, after the faid
Letters Patents to him or them made and delivered as is a-
fi^refaid, fliould have full power and authority, by virtue of
that kSt, and of the faid Letters Patents, under the faid-
Queen, her Heirs or Succeflbrs, to exercife, ufe and execute
all the premiffes, according to the tenour and efledfc of the
faid
fai<J Letters PatentSj any matter or caufe t i the cont«ary in
any wife notwithftanding , as by the CAi A<^ alfo appea-
reth.
It WIS adjudged in the Court of Common Pleas by-Sir u £//V
James Dyer, We{ion, and the whole Court, that a Dean or Reg.Vyer.
any Other Ecckhafticall perfon may refign to the Crown,as
divers did to King Edward the 6.for that he had the Autho-
rity of the fupreme Ordinary,.
From the i, untili the i,i. year of Qaeen
Reign, no perfon, of what perfwafion of Chriftian Religioii
foevet, at any time refufed to come to the publick Divine
Service celebrateddn the Church of being evident-
ly grounded upon the Sicred and infallible Word of Al-
rnighty God, and eftablifhcd by publick Authority within
this Realm. But after the Bull of Fins ^intm was pub*
liflied againft her Majcfty, in the i i. year of her Reign, con*
taining( amongft other things too long to be repeated for
thiS' purpofc) thefe words, Pm Biftiop, Servant of God's
" fervants, &e. She (Queen Elizabeth^ hath clean put away pfaim. 109.
the Sicriiiee of the Mafs, Prayers, Fallings, Choice or dif- 28.
ference of meats,and Single life > She, poflllfingth^^ King- Though they
dome, and by ufurping the place of the Supreme Head of bfcVfthou
the Church in all Engla»d,nnd the chief Authority and Jii- o Lord, a'nd
^Vrifdidion of the Gime, hath again brought the (aid Realm let them be^
" into miferable deftruftion > Unto her all fuchas are the
" wotfl of the people refort, and are by h:r received iuto
fafe protcdion, &e. We make it- known, that the faid kt thy fcr-
^^Elizabethy and as many as (land on her lide in the matter vantrejoycc.
" above named, have run into the danger of our Curfe : We
" make it alfo known, that we have deprived her from that ^tejhmade
"right (lie pretended to have in the Kingdome aforefaid, when thkButt
"and alfo from all and every her Authority, Dignity and rratpubli/hed.
"Privitedge: We charge and forbid all and every the No-
" bles,Subjects and people,and others aforefaid> that they be
"not (o hardy as to obey her, or her-Admonitions, Com-
"mandments or Laws, upon pain of the like accurfe upon
*^them: We pronounce that all whofoever by any occajion
" have taken their Oath unto her, are lor ever difcharged of.s
fuch.
78
The Statute
ef
"fuch their Oath
Fealty and Service
«'• which was due to her by reafon of her Government, &c.
fas by the faid Bull more at large appearethj After this
Bull, all they that depended on the Pope obeyed the Bull,
difobeyed their gracious and natural Sovereign , and upon
this occafion refufed to come to the Church. The publifhing
of this Bull by a fubjeft againft his Sovereign( as appeareth
by that which hath been oftentimes faidj was Treafon in
the higheft degree by the ancient Common Laws otEngland.
For if it were Treafon to publifli a Bull of Excoromunicati-
on within this Realm againft a Subjetft thereof, as it was
adjudged in the Reign of King Edr^ard the i. d fortiori it is
Treafon in the higheft degree to publiih fuch a Bull againft
the Sovereign and Monarch her felf. After this Bull ma-
ny Bulls of Abfolution and Reconciliation to the Church of
were publiihed and difperfed amongft her Majeftie's
fubje^s, to withdraw them from their natural Loyalty and
Allegeance to their Sovereign ', whereupon no fmall incon-
veniences (as hereafter appeareth) followed. And therefore
at a Parliament holden in the 13. year of her Reignit was
declared by the whole Body of the Realm, That divers fe*
ditiousand very ill-difpofed people,minding very feditioufly
and unnaturally, not onely to bring this Realm and thelm-
perial Crown thereof(beingin very defd ofit felfmoft free)
again into the' thraldome and fubjediorfbf the forrein ufiir-
ped and unlawful Jurifdidion, Prehcminence and Authori-
ty, claimed by the faid See of Rome, but alfo to eflrange and
alienate the minds and hearts of fundry the Queen's fub-
ieds from their dutiful Obedience, and to raife and ftir Se-
dition and Rebellion within this Realm, did then lately
procure and obtain to themfelves, from the faid Bifliopof
Rome and his faid See, divers Bulls and Writings, the eiFe<%
whereof had been, and then was, to abfolve and reconcile
all thofe that would be contented to forfake their due Obe-
dience to the Queen,and to yield and fubjed themfelves to
the faid feigned, unlawful and ufurped Authority v and by
colour of the faid JSulls and Writings, the faid perlbns very
fectetly and moft feditioufly, in fuch parts of thW Realm
- where
where the people for want of good in(lru<9:ion were moft
weak,fimple and ignorant,and thereby frnhdi from the
good nnderilanding of their duties cowards G *d and the
Queen, did by their lewd and fubtil pradrices and perfwah-
0115 fo far forth work, that fundry fimple and ignorant per-
fons had been contented to be reconciled to the faid ufurped - ^
Authority of the See. of Rome-, and to take Abfolution at the
handsof the faid naughty and fubtil pradtifers : whereby
did grow great difobedience and boldncfs in many, not one- of the
Jy to withdraw and abfeiit themfelves from all Divine Ser-
vice, then moft godly (et forth and ufed within this Keaim) ''
but alfo to think themfelves difcharged of and from all O-
bediencc , Duty and Allegeance to her Majedy v whereby
moll wicked and unnatural Rebellion did cnfue,and, to the
farther danger of this Realm, was thereafter very like to be 4.
renewed, if the ungodly and wicked attenapts in that behalf
.were not by fcverity of Laws in tintie telfrained and bridled.
For remedy and redrels whereof^ and to prevent the great
mifchiefs and. incot^yeniences that thereby might enfue, it
was enacted by the ^een, with a he aflent ofthe Lords Spi-
ritual and Temporal, and the Commons in that Parliament the Ait.
aflembled, and by the Authority of the fame, That if any
perfon or perfons, after the firft day pfy«/y,then next com- i ♦
ingjfhouid ufe or put in ure in any place within this Riealm,
or in any the Queenf^ dominionsianyifucli Bull, Writing or
Inftrument, written or printed, of Abfolution or Reconcili-
ation, at anytime theretofore obtained and gotten,or at any
time thereafter fo be obtained or gott^, from the faid Bi-
ihopof or any his SuccefTors, or fromany other per-
fon or perCbns authorized or claiming author;t,y by^ or from
the faid Bifliop ofRome, his Pr£decefrors>ot,S,i;^gcirors,or the
See of Rome i Or if any perfon or perfons, after the faid
firft day of Jnly) fliould take upon him or them, by colour of
any fuchJBuU, Writing, Inltrument or Authority, to abfolvc
or reconcile any perfon or perfons,or to grant or promife to
any perfon or perfons within this Realmt or any other the
Qaeen's dominionsj any fuch Abfolution or Reconciliatioii,
by any fpeech, preaching, teaching, writing, or any other
open
Of the King's
open deed j Or if any other perfon or perfbns within this
Realm, or any the Queen's dominions,after the faid firft day
of July, (hould willingly receive and take any fuch Abfolu-
tion or Reconciliation i Or elfe if any perfon or perfons had
obtained or gotten fithence the laft day of the Parliament
holden in the firft year of her Reign, or after the faid firft
day of July fliould obtain or get, from the faid Bifliop of
Kome, or any his Succeirors,or the SceofKo«e,any manner of
Bull, Writirig or Inftrument, written or printed, containing
any thing,matter or caufe whatfoever > Or (hould pubfiflijOr
by any waies or means put in urc, any fuch Bull, Writing
or Inftrument : That then all and every fuch a<S or a<5ts,
offence and offences, fliould be deemed and adjudged by the
Authority of the (aid to be high Treafon, and the Offen-
dor and Offendors therein , their Procurors, Abettors and
Counfellours to the fad, and committing of the (aid offence
or offences, fliould be deemed and adjudged high Trai*
tours to the Queen and the Realm > and being there-
of lawfully indided and attainted,according to the courfe of
the.Laws of this Realm, (hould fulfer pains of death, al(b
lofe and forfeit all their Lands, Tenements, Hereditatnents,
Goods and Chattels,as in cafes of high Trealbn by the Laws
of this Realm ought to be loft and forfeited, as by the faid
Ad appcareth.
And albeit many of her fubjeds, after the faid Bull of PtHS
adhering to the Pope,did renounce their former O-
bedicnce to the t^ueen in refped of that Bull i yet all this
time no Law was cither made or attempted againft them for
their Recufancy> though it were grounded upon fodifloyal
a Caufe. Now that thefe fpecchlels Bulls were declared by
Aft of Parliament to be fo dangerous, then in place of them
Jefuites and Priefts were fent over, who in (ecret cor*
nets whifpered and infufed into the hearts of many of the
unlearned fubjeftsof this Realm, that the Pope had power
to excommunicate and depofe Kings and Princess tnat he
had excommunicated the Queen, deprived her of her King*
dome, and difcharged all her fubjeds of their Oath, Duties,
and Allegeance to her > and therefore they ought not to
Ecclejiaflicali Lajp. 8i
obey her ) or any of her Comnnandtnents or Liws, under
pain of the Pope's* Curfe., This was high Treafon by the ,
ancient Laws of And thereupon Campiom Sbtr-
wm-t and many other Komi{h Prieits, being apprehended, and
confcfling that they came into England to make a party for
.theCatholickcaufe when need (hould require, were in the
21. year of the faid Queen's Reign, by the ancient Common
Laws of England^ indidted, arraigned, tried, adjudged and
executed for high Treafon againtt their natural Allegeance
which they ought their liege Sovereign. But all this time
there was no A6I: of Parliament made either againlt Recu^
fantSjOr Jefuites, or Priefts, her Majefiy ftill defiringand
cxped:ing thdr convcrfion, and that by clemency and
tnildnefs they might be reclaimed to their former obedience
and conformity before the faid Bull. After Priefts and Je-
fuites were punifiied by fcntcnce of Law according to their
demerits: then great numbers of ilanderous and feditious
Books (libri falfidici) againll her Majefty and the State were
difperfed and fcattercd within this Realm, tending to the
inciting and ftirring of the Subje^s to Infutre^ion and Re-
bellion.
Her Majehie in open Parliament, having with the Lords
Spiritual and TemporaU and-Commons,mature coniiderati-
on of fo weighty and important caufes,in the'23 .year of her stattite
Reign made two (everal Laws. One againft the makers and »fan. 29 Re-
publifh^rs of Seditious Booksiordaining that offence to be Fc- gitKe
loiiy : another againft- Recufants, inflidting the penalty of
twenty pounds the month for their Recufancie :and yet up-
on their fubmifhon according to the A<%, to be thereof freely
and abfolutely dircharged,(a milde and merciful Law,conli-
dering their former Conformity, and the caufe of theirRe-
volt.^But after thcfe ]efuites and Romifh Priefts coming daily
into and fwarming within the Realm, inftilling ftill this poi-
fon into the Subjeas hearts,that by reafon of the faid Bull of
PfMt HfiintHt her Majefty was excommunicated, deprived of
her Kingdome,8c that her Subjeds were difcharged of all O-
bedience to hcr,and by all means endeavouring to withdraw
them ftoon their Duty and Allegeance to her Majefty, and to
M fcconcile
84
Of the King*.
,1
lb
'1.11
f. • • .
- leconcile them to the Church of Romei in the 27. year of
Thestameof Reign, by Authority of Parliament, her Majeliy made
itTreafonfor any Jefuite or Prieft^ being her natu-
ral-born Subjedi,and made a Rentijh Prieft or Jefuite (ithencc
the beginning of her Reign, to come into any of her domi-
nions j intending thereby to keep them out of the fame, to
the end that they fhould not infect any other Subjcdis with
fuch treafonable and damnable .perfwafions and pra6tices
as are aforcfaid, which without controverfie were high
Treafon by.the ancient Common Laws of Ungland, Nci-
ther would ever magnanimous King of England^ (ithence
the rirrt ehablifhment of this Monarchy, have fuffered any
( efpecially being his own natural-born Subjeds) to live,
that perfwaded his Subjeds that he was no lawfull King,
and pracftifed with them( within the heart of this Rcalm)to
withdraw them from fheix Allegeance and Loyalty to their
Sovereign, the fame being crimm Ufe Majefiaiii by the
ancient Laws of this Realm.
. , , .i ; ' "
By this andby all the Records of the Indidmentsit ap-
pe.ireth that thcfe Jefuites and Friefts are not condem-
ned and executed for their Pric0h6od and Profe(lion,but for
^ their treafonable and damnable Perfwafions, and Pra6Hces
againft the Crowns and Dignities of Monarcbs and ablblutc
Princes, who hold their Kingdoms and Dominions by law-
ful Succtffion, and by inherent Birth-right anddcfccnt 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 wiil ancl pieafure of lany forteia Potentate wbatfo-
ever.
W
r ^ j . . . . . . . > , . - ,
Now albeit the proceedings and proceft in theEcclefiafti-
cal Courts be in thenameof the B.ihops,&c.it followeth
not therefore, that either the Court is not the King's, or the
Law whereby ihey proceed is hot the King's LaWv'. For,
taking one example for many,eveiy Leet ox View of Frank-?
pledge holdcn by a Subjeii^ is kdpt i-n the Lord's Barney and
# ^
6
■
k
,
/
EccleJiaJfkalL Law,
yet it is the King's Court,and all the proceedings therein are
direfled by thelting's Laws : and many fubje<fts in England
have and hold Courts of Record and other Courts, and yet
all thdr proceedings be according to the King's Laws and
the Cufiomes of the Realrfl.
f f -
Obrerve,( good Reader) feeing.that the determination
of Herefies, Schifms, and Errours in Religion, Ordering, Ex-
amination, Admi(Iion,Inftitution'and Deprivation of men of
the Church, ( which do concern God's true Religion and
Service) of right of Matrimony, Divorces, and general
Baltardy, (whereujpon depend the ftrength of mens Dif-^
cents and Inheritances) of probate of Teftamen^ts , ai>d
letters of Ad tniniftration, (without which no debt or duti'e
due to any dead man. can be recovered by the,Common
Lavy )Mortuaries, Penfions Procurations, Reparations of
Churches , Sinnony, Inceft, Adultery, Fornication and In-»
continency, and feme others, doth, not belong to the Com-;
iiion Law", how necelTary it, was^ for adminiftration of Jtyt
dice, that his Ma jeftie's Progenitors, Kings of this Realm,;
did by publick authority authorize Ecclefiafticall Courts unr,
der them , to determine thofe great arid important Caufes
Ecclefiaftical C exempted from the Juritdiftion of the Comr,
mon Law ) by the King's Laws Ecclefiadical. Which was
done originally for two caufes. r. That Judice Ihould
be adminidred undef thc Kings rof this Realm withs-
in their own Kingdome ,- to ah their Subjefts, and in all
Caufes. 2. That the Kings of £»g/<iHddiould bcfurnifhcd
upon all occafionSj either forrcin or domeftical, with lear-
ned Profedbrs as well of the Eccledadicall as Temporall
Laws.
THus hath it appeared, as well by the ancient Common
Laws of this Realm, by the Refolutions and Judge-
ments of t he Judges and Sages of the Laws of England'in all
fucceffion ofages, as by Authority of many A6fs ofParlia-
ment,ancient and of latter times, That the Kingdomeof
is an abfolute Monarchy, aud that the King is the
onely
OftheKin^s
onely Supiemc <3overnour, as well over Ecclefiafticall pir<
fons and in Ecclefiaftical caufes, as Temporal, within thV
Realm > to the due obfervation of which Laws both the
King and the Subjed are fworn. 1 have herein cited the
very words and texts of the Laws, Rcfolutions, Judgements,
and Ads of Parliament, all publick and in print, without a-
ny inference, argument, or amplification i and have parti-
cularly quoted the books, years, leaves, chapters, and fuch
like certain references, as every man may at his pleafure fee
and reade the Authorities herein cited/ This Cafe is rcpor-
ted in the Engllfli and Latine tongues, (as fomc other Wri-
ters of the Law have dor^) to the end that my dear Coun-
try men may be acquainted with the Laws of this Realm,
their own Birth-right and inheritance, and with fuch eri-
dences as of right belong to the fame : alTuring my feif that
no wife or true-hearted EHgli/h:man, that hath been per-
fwaded before he was inftruiftcd, will refufe to be inftruc.
ted in the truth,(which he may fee with his own eyes) left he
(hould be diffwaded from crrout, wherewith blindfold he
hath been deceived. For miferable i? his caie, and worthy
of pity, that hath been perfwaded before he was inftru^ed,
and now will refufoto be inftruded, becaufc he will not be
perfwaded,
FINIS.