England's independency upon the papal power historically and judicially stated by Sr. John Davis ... and by Sr. Edward Coke ... in two reports, selected from their greater volumes ; with a preface written by Sir John Pettus, Knight.
      
       
         
           1674
        
      
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             England's independency upon the papal power historically and judicially stated by Sr. John Davis ... and by Sr. Edward Coke ... in two reports, selected from their greater volumes ; with a preface written by Sir John Pettus, Knight.
             Davies, John, Sir, 1569-1626.
             Coke, Edward, Sir, 1552-1634.
             Pettus, John, Sir, 1613-1690.
          
           [16], 88 [i.e. 86] p.
           
             Printed by E. Flesher, J. Streater and H. Twyford, assigns of Richard Atkins and Edward Atkins, Esquires ...,
             London :
             1674.
          
           
             This item appears in the collection as Wing D397 at reel 179:5, and as Wing E2984 (number cancelled in Wing 2nd. ed.) at reel 183:9.
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         eng
      
       
         
           Catholic Church -- England.
           Great Britain -- Church history -- 17th century.
        
      
    
     
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           ENGLAND'S
           INDEPENDENCY
           Upon
           the
           Papal
           Power
           Historically
           and
           Judicially
           Stated
           ,
           By
           Sr.
           JOHN
           DAVIS
           ,
           Attorney
           Generall
           in
           Ireland
           ,
           And
           by
           Sr.
           EDWARD
           COKE
           ;
           Lord
           Chief
           Justice
           in
           England
           ,
           In
           Two
           REPORTS
           ,
           Selected
           from
           their
           greater
           Volumes
           ;
           For
           the
           Convincing
           of
           our
           
             English
             Romanists
          
           ,
           and
           Confirming
           of
           those
           who
           are
           yet
           unperverted
           to
           the
           Court
           or
           Church
           of
           ROME
           .
        
         
           With
           a
           Preface
           written
           by
           Sir
           JOHN
           PETTUS
           ,
           Knight
           .
        
         
           LONDON
           ,
           Printed
           by
           
             E.
             Flesher
             ,
             I.
             Streater
          
           ,
           and
           
             H.
             Twyford
          
           ,
           Assigns
           of
           
             Richard
             Atkins
          
           and
           
             Edward
             Atkins
          
           ,
           Esquires
           :
           And
           are
           to
           be
           sold
           by
           severall
           Book-sellers
           in
           Fleetstreet
           and
           Holborn
           .
           MDCLXXIV
           .
        
      
       
         
         
         
           To
           the
           Right
           Honourable
           ,
           JAMES
           Earle
           of
           SUFFOLK
           ,
           Lord
           Lieutenant
           of
           that
           County
           ,
           &c.
           
        
         
           
             MY
             LORD
             ,
          
        
         
           I
           Have
           the
           honour
           of
           being
           one
           of
           your
           Deputies
           in
           the
           County
           of
           Suffolk
           ,
           which
           I
           hope
           will
           admit
           me
           to
           the
           freedome
           of
           placing
           your
           Lordship
           in
           the
           Front
           of
           Two
           Reports
           cull'd
           out
           from
           the
           many
           other
           Reports
           of
           two
           as
           Learned
           persons
           in
           our
           Laws
           as
           that
           Age
           did
           afford
           .
        
         
         
           I
           have
           perswaded
           the
           Stationer
           to
           reprint
           them
           ,
           as
           fit
           at
           this
           time
           to
           be
           generally
           perus'd
           .
           For
           Sr.
           
             John
             Davis
          
           ,
           in
           his
           Report
           of
           
           Lalor's
           Case
           ,
           gives
           an
           Historicall
           Account
           of
           the
           
           Pope's
           Invasions
           upon
           us
           from
           Edward
           the
           
           Confessor's
           time
           in
           matters
           Civil
           ;
           and
           the
           Lord
           Chief
           Justice
           Coke
           gives
           also
           a
           full
           and
           clear
           Account
           of
           the
           
           Pope's
           Intrusions
           upon
           us
           in
           matters
           Ecclesiasticall
           .
           Neither
           of
           them
           do
           meddle
           with
           the
           Cavills
           of
           Religion
           between
           us
           and
           the
           
             Papal
             Power
          
           ,
           but
           what
           concerns
           their
           State
           and
           ours
           ,
           and
           that
           deduced
           from
           Antiquity
           ;
           how
           we
           ought
           to
           pay
           our
           single
           Obedience
           both
           to
           Church
           and
           State
           ,
           (
           as
           our
           Predecessors
           have
           done
           ,
           or
           endeavour'd
           to
           doe
           ,
           for
           many
           Ages
           ,
           to
           their
           respective
           Kings
           .
           )
           And
           though
           there
           have
           been
           many
           Invasions
           or
           Intrusions
           upon
           us
           by
           the
           Power
           and
           Policy
           of
           the
           Pope
           and
           his
           Agents
           ,
           yet
           we
           were
           alwaies
           struggling
           to
           get
           out
           :
           Sometimes
           we
           mastered
           them
           ,
           and
           sometimes
           we
           were
           mastered
           by
           them
           ;
           according
           to
           the
           Resolution
           or
           Weakness
           of
           those
           our
           former
           Kings
           who
           were
           to
           maintain
           their
           inherent
           Interests
           .
           And
           however
           some
           Papal
           Pretences
           seem
           to
           be
           ,
           yet
           we
           may
           clearly
           see
           (
           when
           they
           got
           the
           upper
           hand
           )
           
           what
           Subjection
           they
           intended
           to
           impose
           upon
           us
           ,
           as
           they
           did
           on
           
             King
             John
          
           ;
           and
           they
           nick'd
           the
           time
           when
           he
           was
           imbroyl'd
           and
           even
           totally
           immerged
           in
           the
           Distempers
           of
           his
           untruly
           Subjects
           ,
           and
           inraged
           Forreiners
           :
           and
           then
           ,
           by
           the
           opportunity
           of
           those
           Factions
           and
           Forreiners
           they
           did
           subjugate
           this
           Kingdome
           to
           his
           Principality
           in
           Italy
           ,
           and
           made
           it
           its
           Vassall
           more
           then
           ever
           any
           Emperour
           of
           Rome
           did
           pretend
           to
           ,
           or
           could
           accomplish
           .
           And
           though
           after
           
             King
             John
          
           ,
           there
           were
           various
           Contests
           by
           our
           successive
           Kings
           ,
           yet
           none
           did
           so
           effectually
           rout
           the
           
             Papal
             Interest
          
           here
           as
           Henry
           the
           VIII
           .
           for
           which
           the
           Romanists
           do
           rip
           up
           all
           his
           Vices
           ,
           to
           make
           him
           as
           odious
           to
           the
           world
           as
           possible
           :
           and
           among
           other
           things
           they
           affirm
           ,
           
             that
             He
             was
             the
             man
             that
             rebell'd
             from
             their
             Church
             .
          
           (
           Whenas
           their
           Historie
           and
           ours
           tell
           us
           ,
           and
           them
           ,
           that
           he
           lived
           and
           died
           a
           
             Roman
             Catholick
          
           .
           )
           And
           they
           farther
           say
           ,
           
             that
             it
             was
             He
             that
             brought
             in
             our
             Religion
          
           ;
           which
           they
           now
           call
           Heresie
           ,
           and
           is
           but
           a
           Reformation
           of
           theirs
           :
           and
           even
           ,
           that
           Reformation
           was
           begun
           and
           prosecuted
           (
           though
           but
           in
           parcells
           )
           by
           former
           Ages
           ,
           but
           not
           establisht
           till
           Henry
           the
           VIII
           .
           had
           first
           
           broke
           their
           Civil
           Interest
           here
           ,
           and
           then
           it
           went
           on
           with
           ease
           by
           King
           Henry's
           Successours
           .
        
         
           But
           by
           their
           Railings
           on
           Henry
           the
           
             VIII
             .
             Luther
             ,
             Calvin
          
           ,
           and
           I
           know
           not
           whom
           ,
           (
           whose
           Doctrines
           we
           do
           not
           altogether
           follow
           )
           the
           Papal
           Agents
           do
           most
           wonderfully
           deceive
           the
           unfixt
           and
           wavering
           minds
           of
           men
           ,
           who
           do
           not
           know
           the
           true
           Foundation
           of
           our
           Church
           and
           State
           here
           in
           England
           ,
           clearly
           and
           through
           all
           Antiquity
           independent
           upon
           any
           Church
           or
           State
           but
           its
           own
           ,
           or
           on
           any
           person
           but
           the
           Monarch
           thereof
           ;
           as
           is
           most
           fully
           set
           forth
           in
           these
           excellent
           Reports
           ,
           wherein
           your
           Lordship
           and
           others
           by
           an
           hour
           's
           reading
           may
           see
           what
           is
           our
           Right
           ,
           and
           how
           it
           hath
           been
           maintain'd
           ,
           and
           lost
           ,
           and
           regain'd
           by
           that
           most
           resolute
           Prince
           ,
           then
           owning
           the
           whole
           Body
           of
           the
           
             Papal
             Doctrine
          
           ,
           but
           not
           the
           
           Pope's
           Superiority
           or
           power
           to
           establish
           any
           thing
           in
           these
           Kingdomes
           .
        
         
           It
           is
           true
           ,
           this
           Prince
           had
           Discontents
           ,
           and
           was
           crost
           in
           his
           Designs
           ,
           which
           it
           may
           be
           did
           either
           provoke
           him
           ,
           or
           upon
           this
           it
           is
           likely
           he
           
           did
           take
           occasion
           to
           pick
           a
           quarrel
           ,
           that
           he
           might
           the
           more
           speciously
           accomplish
           what
           his
           Predecessours
           could
           not
           effect
           .
           However
           ,
           God
           doth
           often
           produce
           good
           Events
           by
           such
           as
           we
           call
           evill
           Mediums
           :
           as
           the
           Beams
           of
           the
           Sun
           make
           their
           way
           through
           Darknesse
           and
           Vapours
           ;
           which
           now
           again
           begin
           to
           spread
           over
           our
           heads
           like
           thick
           Clouds
           contracted
           by
           long
           Exhalations
           ,
           ready
           to
           break
           and
           send
           forth
           Lightning
           ,
           Thunder
           and
           Storms
           upon
           this
           Nation
           .
           And
           thus
           I
           apprehend
           their
           contraction
           .
        
         
           When
           Henry
           the
           VIII
           .
           had
           thus
           restor'd
           us
           to
           our
           Liberties
           and
           ancient
           Rights
           ,
           and
           disbanded
           the
           Papall
           Power
           and
           Interest
           here
           ,
           it
           was
           time
           for
           the
           Pope
           to
           contrive
           some
           other
           Stratagems
           ;
           and
           therefore
           what
           he
           could
           not
           doe
           by
           the
           power
           of
           
             Bulls
             ,
             &c.
          
           he
           tries
           to
           effect
           by
           a
           long
           and
           continued
           Art.
           And
           first
           ,
           he
           infuseth
           into
           his
           
             Catholick
             King
          
           of
           Spain
           ,
           how
           fit
           a
           person
           he
           was
           to
           be
           
             Universal
             Monarch
          
           of
           Christendome
           :
           which
           the
           King
           of
           
           Spain's
           Ambition
           readilie
           embraced
           ,
           (
           the
           whole
           Design
           whereof
           may
           be
           read
           in
           Campanella
           the
           Jesuite
           ,
           in
           his
           Discourse
           of
           the
           
             Spanish
             
             Monarchy
          
           .
           )
           About
           the
           same
           time
           the
           Pope
           also
           inveigles
           his
           most
           
             Christian
             King
             ,
             Henry
          
           the
           IV.
           of
           France
           ;
           telling
           him
           also
           how
           fit
           a
           person
           he
           was
           to
           be
           
             Universal
             Moderator
          
           of
           Christendome
           :
           which
           Bait
           this
           
           King's
           Ambition
           did
           also
           readily
           embrace
           ,
           (
           the
           whole
           Modell
           and
           Platform
           where●f
           is
           also
           set
           down
           by
           the
           Bishop
           of
           Rhodes
           in
           his
           History
           of
           the
           said
           Henry
           the
           IV.
           )
           And
           in
           all
           this
           time
           ,
           while
           both
           these
           Kings
           were
           driving
           on
           these
           Designs
           ,
           it
           is
           observable
           (
           by
           the
           Confession
           of
           those
           Historians
           )
           that
           neither
           of
           them
           were
           privy
           to
           each
           other's
           Intentions
           ,
           the
           business
           was
           so
           cunningly
           managed
           by
           the
           Pope
           ,
           whose
           great
           Art
           it
           was
           to
           keep
           their
           Designs
           secret
           ,
           and
           put
           both
           their
           Wheels
           in
           motion
           at
           once
           ;
           yet
           to
           keep
           his
           Spoak
           in
           that
           Wheel
           which
           turned
           most
           to
           his
           advantage
           .
        
         
           In
           both
           these
           cited
           Books
           (
           of
           Rhodes
           and
           Campanella
           )
           your
           Lordship
           will
           find
           that
           their
           chief
           aims
           and
           directions
           were
           to
           weaken
           the
           English
           :
           and
           therein
           they
           say
           in
           these
           words
           ,
           
             That
             there
             was
             no
             better
             way
             then
             by
             causing
             Divisions
             and
             Dissensions
             among
             the
          
           English
           ,
           
             and
             by
             continuall
             keeping
             up
             
             the
             same
             ;
             and
             that
             as
             for
             their
             Religion
             ,
             it
             could
             not
             be
             easily
             rooted
             out
             unless
             there
             were
             some
             certain
             Schools
             erected
             in
          
           Flanders
           ,
           
             &c.
             by
             the
             Scholars
             whereof
             there
             should
             be
             scattered
             abroad
             the
             seeds
             for
             Divisions
             in
             the
             Natural
             and
             Theologicall
             Sciences
             ,
             which
             would
             distract
             and
             discompose
             their
             opinions
             and
             judgments
             :
             and
             that
             the
          
           English
           ,
           
             being
             of
             a
             nature
             still
             desirous
             of
             Novelties
             and
             Changes
             ,
             are
             easily
             wrought
             over
             to
             any
             thing
             .
          
        
         
           Now
           that
           this
           hath
           been
           put
           in
           practice
           I
           think
           is
           obvious
           to
           every
           man
           ;
           and
           as
           clear
           ,
           that
           whilst
           all
           Christendom
           are
           in
           Arms
           and
           Confusions
           ,
           onely
           the
           Pope
           sits
           quiet
           ,
           and
           smiles
           to
           see
           what
           work
           he
           makes
           among
           us
           ,
           resolving
           (
           if
           not
           prevented
           )
           to
           tire
           every
           man
           out
           of
           his
           Religion
           that
           shall
           withdraw
           ,
           not
           onely
           a
           total
           ,
           but
           even
           the
           least
           part
           of
           Obedience
           to
           his
           Chair
           .
        
         
           And
           thus
           many
           poor
           souls
           are
           captivated
           ,
           (
           especially
           those
           of
           our
           Nation
           ,
           for
           whom
           this
           is
           intended
           )
           some
           being
           perswaded
           to
           acknowledge
           the
           Doctrines
           of
           the
           Church
           of
           Rome
           ,
           
           but
           not
           the
           Power
           of
           the
           Court
           of
           Rome
           ;
           and
           when
           they
           are
           plausibly
           got
           into
           the
           first
           ,
           they
           do
           not
           consider
           how
           insensibly
           and
           inevitably
           they
           are
           ensnar'd
           into
           the
           other
           .
           For
           certainly
           the
           distinction
           of
           the
           Church
           and
           Court
           of
           Rome
           is
           so
           ridiculous
           ,
           that
           it
           is
           a
           mere
           Irap
           for
           weak
           ,
           unknowing
           and
           unresolved
           persons
           :
           for
           surely
           the
           Pope
           will
           never
           be
           perswaded
           to
           resign
           his
           Temporalties
           to
           those
           Princes
           from
           whom
           his
           Predecessors
           usurpt
           them
           ,
           to
           take
           upon
           him
           meerly
           the
           duty
           of
           the
           Church
           .
           So
           that
           when
           one
           of
           them
           perswades
           you
           to
           turn
           to
           the
           Church
           of
           Rome
           ,
           it
           is
           but
           to
           make
           you
           to
           turn
           or
           be
           subject
           to
           the
           Court
           of
           Rome
           ,
           (
           and
           its
           Cardinalls
           ,
           who
           are
           but
           a
           Combination
           of
           
             Temporall
             Princes
          
           )
           and
           to
           all
           its
           temporall
           Impositions
           ,
           to
           maintain
           such
           Princes
           under
           the
           title
           of
           the
           Pope
           ,
           and
           shrowded
           under
           the
           Canopy
           of
           Ecclesiasticks
           and
           Piety
           .
           The
           truth
           is
           ,
           the
           Questions
           about
           Religion
           are
           purposely
           rais'd
           and
           infus'd
           to
           intoxicate
           other
           mens
           brains
           :
           for
           the
           Court
           of
           Rome
           do
           but
           laugh
           at
           the
           things
           call'd
           
             Merit
             ,
             Idolatry
             ,
             Supererogation
          
           ,
           &c.
           whilst
           many
           of
           their
           zealous
           Agents
           here
           (
           I
           perswade
           my self
           out
           of
           pure
           Piety
           )
           are
           ready
           
           to
           die
           upon
           the
           spot
           in
           the
           defence
           of
           those
           Tenents
           ;
           whereas
           ,
           poor
           souls
           ,
           they
           might
           see
           (
           if
           they
           would
           )
           that
           that
           Court
           is
           onely
           to
           imploy
           them
           under
           the
           shrowds
           of
           Piety
           to
           bring
           in
           Grist
           to
           the
           Mill
           by
           money
           and
           usurping
           other
           mens
           territories
           ;
           so
           as
           the
           ancient
           and
           important
           question
           ,
           why
           we
           should
           not
           give
           unto
           the
           King
           the
           things
           that
           are
           the
           
           King
           's
           ,
           is
           quite
           laid
           aside
           ,
           and
           the
           question
           is
           almost
           now
           ,
           why
           we
           should
           not
           give
           to
           the
           Pope
           the
           things
           that
           are
           the
           
           King
           's
           ,
           and
           subjugate
           this
           Kingdome
           to
           their
           Principalities
           .
           And
           thus
           by
           deceiving
           even
           their
           own
           Agents
           with
           a
           pretence
           of
           driving
           on
           Piety
           ,
           (
           which
           is
           onely
           Sovereignty
           )
           even
           many
           of
           the
           Papists
           themselves
           are
           innocently
           betray'd
           ,
           and
           so
           are
           become
           betrayers
           of
           others
           .
        
         
           But
           to
           return
           to
           the
           Historicall
           part
           .
           After
           Henry
           the
           VIII
           .
           had
           cast
           off
           the
           Dominion
           of
           the
           
             Papal
             Court
             ,
             Edward
          
           the
           VI.
           succeeded
           ,
           in
           whose
           Minority
           his
           Councell
           were
           so
           wise
           ,
           (
           though
           many
           of
           them
           of
           the
           
             Roman
             Church
          
           )
           that
           the
           resolution
           of
           
           Henry
           the
           VIII
           .
           was
           re-assum'd
           in
           casting
           off
           the
           
           Pope's
           Power
           ,
           and
           a
           Foundation
           laid
           for
           establishing
           a
           Church
           here
           ,
           by
           a
           Form
           of
           Discipline
           and
           Doctrine
           free
           from
           the
           Power
           and
           Errours
           of
           the
           Papal
           Court
           and
           Church
           :
           and
           (
           though
           some
           Interruption
           was
           given
           by
           
             Queen
             Mary
          
           ,
           yet
           )
           what
           was
           wanting
           by
           King
           Edward's
           short
           Reign
           ,
           was
           compleated
           by
           
             Queen
             Elizabeth
          
           ,
           who
           in
           her
           very
           first
           year
           ,
           by
           the
           full
           Consent
           of
           the
           Lords
           and
           Commons
           in
           Parliament
           ,
           by
           example
           of
           many
           of
           her
           Predecessors
           ,
           did
           enact
           ,
           
             That
             no
             forrein
             Potentate
             or
             person
             should
             exercise
             any
             power
             within
             any
             of
             her
             Dominions
             ;
             and
             all
             Ecclesiasticall
             Jurisdiction
             should
             be
             annext
             to
             the
             Crown
             .
          
           And
           in
           the
           5.
           year
           of
           her
           Reign
           in
           particular
           it
           was
           enacted
           ,
           
             That
             whoever
             shall
             acknowledge
             any
             Jurisdiction
             of
             the
             Bishop
             or
             See
             of
          
           Rome
           
             within
             any
             of
             her
             Dominions
             should
             be
             guilty
             of
             a
          
           Praemunire
           ,
           
             they
             ,
             and
             their
             accessaries
          
           .
        
         
           And
           that
           the
           Principles
           of
           the
           Doctrine
           and
           Discipline
           of
           our
           Reformed
           Church
           might
           the
           better
           be
           known
           ,
           the
           frame
           of
           it
           
           made
           in
           Edward
           the
           VI.
           his
           time
           ,
           was
           confirmed
           with
           some
           few
           alterations
           ,
           and
           39
           Articles
           established
           as
           a
           Foundation
           and
           Standard
           of
           our
           Doctrine
           and
           Discipline
           ,
           distinct
           from
           that
           of
           the
           Court
           ,
           as
           also
           reformed
           from
           that
           of
           the
           Church
           ,
           of
           Rome
           .
        
         
           But
           since
           her
           time
           even
           to
           this
           ,
           whilst
           we
           have
           thought
           our selves
           secure
           from
           the
           Papal
           Authority
           ,
           their
           Religion
           hath
           slily
           crept
           in
           and
           incroacht
           among
           us
           :
           and
           besides
           their
           many
           known
           ways
           ,
           they
           have
           a
           particular
           art
           of
           incouraging
           and
           fomenting
           all
           publick
           and
           private
           Differences
           and
           Discontents
           ,
           pursuant
           to
           their
           secret
           Instructions
           for
           the
           advancement
           of
           the
           Papal
           Dominion
           .
        
         
           Now
           ,
           as
           it
           is
           impossible
           for
           the
           art
           of
           Physick
           to
           reduce
           the
           4
           Humors
           of
           a
           man's
           Body
           into
           one
           ;
           so
           no
           arts
           of
           Policy
           can
           reduce
           the
           temper
           of
           men
           into
           one
           Persuasion
           of
           Religion
           .
        
         
           So
           that
           herein
           the
           wisdom
           of
           our
           Counsellors
           
           is
           discerned
           ,
           in
           contriving
           that
           their
           number
           may
           not
           come
           near
           the
           balance
           of
           the
           staple
           or
           establisht
           interest
           of
           this
           Kingdom
           ,
           both
           as
           to
           Church
           and
           State
           ,
           wherein
           we
           are
           to
           shew
           our selves
           (
           like
           our
           predecessors
           )
           true
           
           English-men
           ,
           and
           not
           to
           Italianate
           our selves
           to
           the
           Dependency
           of
           any
           other
           State.
           
        
         
           And
           that
           this
           may
           be
           the
           more
           charitably
           perform'd
           ,
           they
           may
           be
           distinguisht
           into
           Actives
           ,
           and
           Passives
           .
           By
           Actives
           I
           mean
           such
           as
           make
           it
           their
           whole
           business
           to
           pervert
           and
           captivate
           our
           Subjects
           to
           be
           subject
           to
           the
           Pope
           ,
           under
           the
           notion
           of
           Religion
           ;
           and
           by
           Passives
           I
           mean
           such
           as
           live
           innocently
           among
           us
           :
           and
           there
           is
           lesse
           caution
           and
           strictness
           requisite
           to
           those
           who
           are
           passive
           in
           respect
           barely
           of
           their
           Religion
           ,
           then
           to
           those
           who
           are
           active
           in
           promoting
           it
           .
        
         
           And
           therefore
           many
           ancient
           Laws
           have
           been
           made
           long
           before
           Henry
           the
           VIII
           .
           entituled
           Statutes
           of
           Praemunire
           ;
           which
           word
           in
           English
           is
           ,
           to
           fortify
           a
           place
           before
           enemies
           come
           ,
           or
           to
           provide
           against
           any
           onset
           by
           them
           .
           And
           
           all
           those
           Laws
           are
           intended
           against
           the
           
           Pope's
           Spirituall
           or
           
             Temporall
             Invasions
          
           upon
           us
           :
           and
           those
           Laws
           do
           impose
           Penalties
           on
           such
           as
           shall
           any
           ways
           endeavour
           to
           assist
           him
           in
           such
           Invasions
           ;
           so
           that
           being
           forewarn'd
           ,
           (
           as
           some
           would
           have
           the
           word
           from
           praemonere
           ,
           )
           we
           may
           the
           better
           be
           fore-armed
           for
           prevention
           of
           all
           their
           future
           attempts
           upon
           us
           ,
           which
           is
           heartily
           wisht
           by
           ,
        
         
           MY
           LORD
           ,
        
         
           
             
               
                 February
                 18.1673
                 /
                 4.
              
               
            
          
           
             
               Your
               Lordship
               's
               most
               humble
               Servant
            
             ,
             John
             Pettus
             .
          
        
      
    
     
       
         
         
         
           Hill.
           4.
           
           Jacobi
           .
           The
           Case
           of
           Praemunire
           ;
           OR
           ,
           The
           Conviction
           and
           Attainder
           of
           
             Robert
             Lalor
          
           Priest
           ,
           being
           endited
           upon
           the
           Statute
           of
           16.
           
           Rich.
           2.
           cap.
           5.
           
        
         
           THIS
           
             Robert
             Lalor
          
           ,
           
           being
           a
           Native
           of
           this
           Kingdome
           ,
           received
           his
           Orders
           of
           Priesthood
           above
           thirty
           years
           since
           at
           the
           hands
           of
           one
           
             Richard
             Brady
          
           ,
           to
           whom
           the
           Pope
           had
           given
           the
           title
           of
           Bishop
           of
           Kilmore
           in
           Vlster
           ;
           and
           for
           the
           space
           of
           twenty
           years
           together
           his
           authority
           and
           credit
           was
           not
           mean
           within
           the
           Province
           of
           Leimster
           .
           He
           had
           also
           made
           his
           name
           known
           in
           the
           Court
           of
           Rome
           ,
           and
           held
           intelligence
           with
           the
           Cardinall
           who
           was
           Protector
           of
           this
           Nation
           ,
           by
           means
           whereof
           he
           obtained
           the
           title
           and
           jurisdiction
           of
           Vicar-general
           of
           the
           See
           Apostolick
           within
           the
           Archbishoprick
           of
           
           Dublin
           ,
           and
           the
           Bishopricks
           of
           Kildare
           and
           Fernes
           .
           This
           pretended
           jurisdiction
           ,
           extending
           wel-nigh
           over
           all
           the
           Province
           of
           Leimster
           ,
           he
           exercised
           boldly
           and
           securely
           many
           years
           together
           ,
           untill
           the
           Proclamation
           was
           published
           ,
           whereby
           all
           Jesuites
           and
           Priests
           ordained
           by
           forrein
           authority
           were
           commanded
           to
           depart
           out
           of
           this
           kingdome
           by
           a
           certain
           time
           prefixed
           .
           After
           which
           time
           he
           began
           to
           lurk
           and
           to
           change
           his
           name
           ,
           howbeit
           at
           last
           he
           was
           apprehended
           in
           Dublin
           ,
           
           and
           committed
           to
           prison
           in
           the
           Castle
           there
           .
           Upon
           his
           first
           Examination
           taken
           by
           the
           Lord
           Deputie
           himself
           ,
           he
           acknowledged
           that
           he
           was
           a
           Priest
           ,
           and
           ordained
           by
           a
           Popish
           Titulary
           Bishop
           ;
           that
           he
           had
           accepted
           the
           title
           and
           Office
           of
           the
           Pope's
           Vicar-generall
           in
           the
           three
           Dioceses
           before
           named
           ,
           and
           had
           exercised
           spirituall
           jurisdiction
           
             in
             foro
             conscientiae
          
           ;
           and
           in
           sundry
           other
           points
           he
           maintained
           and
           justified
           the
           Pope's
           authority
           :
           onely
           he
           said
           ,
           he
           was
           of
           opinion
           that
           the
           Pope
           had
           no
           power
           to
           excommunicate
           or
           depose
           his
           Majestie
           ,
           because
           the
           King
           is
           not
           of
           the
           Pope's
           Religion
           .
        
         
           
           The
           next
           Term
           after
           ,
           he
           was
           indicted
           upon
           the
           Statute
           of
           2
           Eliz.
           enacted
           in
           this
           Realm
           against
           such
           as
           should
           wilfully
           and
           advisedly
           maintain
           and
           uphold
           the
           jurisdiction
           of
           any
           forrein
           Prince
           or
           Prelate
           in
           any
           causes
           Ecclesiasticall
           or
           Civil
           within
           this
           Realm
           .
           By
           which
           Statute
           the
           first
           offence
           of
           that
           kind
           is
           punished
           with
           losse
           of
           goods
           ,
           and
           one
           year's
           imprisonment
           ;
           the
           second
           offence
           incurreth
           the
           penaltie
           of
           the
           Praemunire
           ;
           and
           the
           third
           offence
           is
           made
           high
           Treason
           .
           Upon
           this
           Indictment
           he
           was
           arraigned
           ,
           convicted
           ,
           and
           condemned
           ,
           and
           so
           rested
           in
           prison
           during
           the
           next
           two
           Terms
           without
           any
           farther
           question
           .
           He
           then
           made
           petition
           unto
           the
           Lord
           Deputie
           to
           be
           set
           at
           liberty
           :
           whereupon
           his
           Lordship
           caused
           him
           to
           be
           examined
           by
           Sir
           
             Oliver
             Saint
             John
          
           ,
           
           Sir
           
             James
             Fullerton
          
           ,
           Sir
           
             Jefferie
             Fenton
          
           ,
           the
           Atturney
           and
           Solicitor
           generall
           .
           At
           first
           he
           made
           some
           evasive
           and
           indirect
           answers
           ;
           but
           at
           last
           voluntarily
           and
           freely
           he
           made
           this
           ensuing
           acknowledgement
           or
           confession
           ,
           which
           being
           set
           down
           in
           writing
           word
           for
           word
           as
           he
           made
           it
           ,
           was
           advisedly
           read
           by
           him
           ,
           and
           subscribed
           with
           
           his
           own
           hand
           ,
           and
           with
           the
           hands
           of
           those
           who
           took
           his
           examination
           ;
           and
           afterwards
           he
           confirmed
           it
           by
           his
           oath
           before
           the
           Lord
           Deputie
           and
           Counsell
           .
        
         
           
             The
             Confession
             or
             Acknowledgement
             of
             
               Robert
               Lalor
            
             Priest
             ,
             made
             the
             22.
             of
             December
             1606.
             
          
           
             FIrst
             ,
             
             he
             doth
             acknowledge
             that
             he
             is
             not
             a
             lawfull
             Vicar-generall
             in
             the
             Dioceses
             of
             
               Dublin
               ,
               Kildare
            
             and
             Fernes
             ,
             and
             thinketh
             in
             his
             conscience
             that
             he
             cannot
             lawfully
             take
             upon
             him
             the
             said
             Office.
             
          
           
             Item
             ,
             he
             doth
             acknowledge
             our
             Sovereign
             Lord
             King
             James
             that
             now
             is
             to
             be
             his
             lawfull
             ,
             chief
             and
             Supreme
             Governour
             in
             all
             causes
             ,
             as
             well
             Ecclesiasticall
             as
             Civil
             ,
             and
             that
             he
             is
             bound
             in
             conscience
             to
             obey
             him
             in
             all
             the
             said
             causes
             ;
             and
             that
             neither
             the
             Pope
             ,
             nor
             any
             other
             forrein
             Prelate
             ,
             Prince
             or
             Potentate
             hath
             any
             power
             to
             controll
             the
             King
             in
             any
             cause
             Ecclesiasticall
             or
             Civil
             within
             this
             Kingdome
             ,
             or
             any
             of
             his
             Majestie
             's
             Dominions
             .
          
           
             Item
             ,
             he
             doth
             in
             his
             conscience
             believe
             ,
             that
             all
             Bishops
             ordained
             and
             made
             by
             the
             King's
             authority
             within
             any
             of
             his
             Dominions
             are
             lawfull
             Bishops
             ,
             and
             that
             no
             Bishop
             made
             by
             the
             Pope
             ,
             or
             by
             any
             authority
             derived
             from
             the
             Pope
             ,
             within
             the
             King's
             Dominions
             ,
             hath
             any
             power
             or
             authoritie
             to
             impugn
             ,
             disannull
             or
             controll
             any
             Act
             done
             by
             any
             Bishop
             made
             by
             his
             Majestie
             's
             authoritie
             as
             aforesaid
             .
          
           
             Item
             ,
             he
             professeth
             himself
             willing
             and
             ready
             to
             obey
             the
             King
             ,
             as
             a
             good
             and
             obedient
             Subject
             ought
             to
             doe
             ,
             in
             all
             his
             lawfull
             commandments
             ,
             either
             concerning
             his
             function
             of
             Priesthood
             ,
             or
             any
             other
             dutie
             belonging
             to
             a
             good
             Subject
             .
          
           
           
             After
             this
             Confession
             made
             ,
             the
             State
             here
             had
             no
             purpose
             to
             proceed
             against
             him
             severely
             ,
             either
             for
             his
             contempt
             of
             the
             Proclamation
             ,
             or
             offence
             against
             the
             Law
             :
             So
             as
             he
             had
             more
             liberty
             then
             before
             ,
             and
             many
             of
             his
             friends
             had
             access
             unto
             him
             ;
             who
             telling
             him
             what
             they
             heard
             of
             his
             Confession
             ,
             he
             protested
             unto
             them
             ,
             that
             he
             had
             only
             acknowledged
             the
             King's
             Civill
             and
             Temporall
             power
             ,
             without
             any
             confession
             or
             admittance
             of
             his
             authoritie
             in
             
               Spirituall
               causes
            
             .
             This
             being
             reported
             unto
             the
             Lord
             Deputie
             by
             sundry
             Gentlemen
             ,
             who
             gave
             faith
             unto
             what
             he
             said
             ,
             his
             Lordship
             thought
             sit
             ,
             that
             since
             he
             had
             incurred
             the
             pain
             of
             Praemunire
             by
             exercising
             Episcopall
             jurisdiction
             as
             Vicar-generall
             to
             the
             Pope
             ,
             that
             he
             should
             be
             attainted
             of
             that
             offence
             ,
             as
             well
             to
             make
             him
             an
             example
             to
             others
             of
             his
             profession
             ,
             (
             for
             almost
             in
             every
             Diocese
             of
             this
             Kingdome
             there
             is
             a
             Titulary
             Bishop
             ordained
             by
             the
             Pope
             ;
             )
             as
             also
             that
             at
             the
             time
             of
             his
             Trial
             a
             just
             occasion
             might
             be
             taken
             to
             publish
             the
             Confession
             and
             acknowledgement
             which
             he
             had
             voluntarily
             made
             ,
             signed
             ,
             and
             confirmed
             by
             oath
             before
             the
             Lord
             Deputie
             and
             Councell
             ,
             who
             have
             likewise
             subscribed
             their
             names
             as
             witnesses
             thereof
             .
          
           
             Hereupon
             ,
             in
             Hillarie
             Term
             4
             Jacobi
             ,
             an
             Inditement
             was
             framed
             against
             him
             in
             the
             King's
             Bench
             upon
             the
             Statute
             of
             16
             Rich.
             2.
             cap.
             5.
             containing
             these
             severall
             points
             .
          
           
             
             1.
             
             That
             he
             had
             received
             a
             Bull
             or
             Brief
             purchased
             or
             procured
             in
             the
             Court
             of
             Rome
             ,
             which
             Bull
             or
             Brief
             did
             touch
             or
             concern
             the
             King's
             Crown
             and
             dignity
             Royall
             ,
             containing
             a
             Commission
             of
             Authoritie
             from
             the
             Pope
             of
             Rome
             unto
             
               Richard
               Brady
            
             and
             
               David
               Magragh
            
             to
             constitute
             a
             Vicar-generall
             for
             the
             See
             of
             Rome
             ,
             by
             the
             name
             of
             the
             
               See
               Apostolick
            
             ,
             in
             the
             severall
             Dioceses
             of
             
               Dublin
               ,
               Kildare
            
             and
             Fernes
             ,
             within
             this
             Kingdome
             of
             Ireland
             .
          
           
             2.
             
             That
             by
             pretext
             or
             colour
             of
             that
             Bull
             or
             Brief
             he
             was
             constituted
             Vicar-generall
             of
             the
             See
             of
             Rome
             ,
             and
             took
             upon
             him
             the
             style
             and
             title
             of
             Vicar-generall
             in
             the
             said
             severall
             Dioceses
             .
          
           
             3.
             
             That
             he
             did
             exercise
             Ecclesiasticall
             Jurisdiction
             as
             Vicar-generall
             of
             the
             See
             of
             Rome
             ,
             by
             instituting
             divers
             persons
             
             to
             Benefices
             with
             cure
             of
             souls
             ,
             by
             granting
             dispensations
             in
             causes
             Matrimonial
             ,
             by
             pronouncing
             sentences
             of
             divorce
             between
             divers
             married
             persons
             ,
             and
             by
             doing
             all
             other
             acts
             and
             things
             pertaining
             to
             Episcopal
             Jurisdiction
             ,
             within
             the
             said
             several
             Dioceses
             ,
             against
             our
             Sovereign
             Lord
             the
             King
             ,
             his
             Crown
             and
             dignity
             Royal
             ,
             and
             in
             contempt
             of
             his
             Majesty
             ,
             and
             disherison
             of
             his
             Crown
             ,
             and
             contrary
             to
             the
             form
             and
             effect
             of
             the
             Statute
             ,
             &c.
             
          
           
             To
             this
             Inditement
             Lalor
             pleaded
             
               Not
               guilty
            
             ;
             and
             when
             the
             issue
             was
             to
             be
             tried
             ,
             the
             name
             and
             reputation
             of
             the
             man
             ,
             and
             the
             nature
             of
             the
             cause
             ,
             drew
             all
             the
             principal
             Gentlemen
             both
             of
             the
             Pale
             and
             Provinces
             that
             were
             in
             town
             to
             the
             hearing
             of
             the
             matter
             .
             At
             what
             time
             a
             substantial
             Jury
             of
             the
             City
             of
             Dublin
             being
             sworn
             for
             the
             trial
             ,
             and
             the
             points
             of
             the
             Inditement
             being
             opened
             and
             set
             forth
             by
             the
             King's
             Serjeant
             ;
             the
             Attorney
             general
             thought
             it
             not
             impertinent
             ,
             but
             very
             necessary
             ,
             before
             he
             descended
             to
             the
             particular
             evidence
             against
             the
             prisoner
             ,
             to
             inform
             and
             satisfie
             the
             hearers
             in
             two
             Points
             .
          
           
             1.
             
             What
             reason
             moved
             us
             to
             ground
             this
             Inditement
             upon
             the
             old
             Statute
             of
             16
             Rich.
             2.
             rather
             then
             upon
             some
             other
             later
             Law
             made
             since
             the
             time
             of
             King
             Henr.
             8.
             
          
           
             2.
             
             What
             were
             the
             true
             causes
             of
             the
             making
             of
             this
             Law
             of
             16
             Rich.
             and
             other
             former
             Laws
             against
             Provisors
             and
             such
             as
             did
             appeal
             to
             the
             Court
             of
             Rome
             in
             those
             times
             ,
             when
             both
             the
             Prince
             and
             people
             of
             England
             did
             for
             the
             most
             part
             acknowledge
             the
             Pope
             to
             be
             the
             
               thirteenth
               Apostle
            
             ,
             and
             onely
             oracle
             in
             matters
             of
             Religion
             ,
             and
             did
             follow
             his
             doctrine
             in
             most
             of
             those
             points
             wherein
             we
             now
             dissent
             from
             him
             .
          
           
             1.
             
             For
             the
             first
             Point
             ,
             we
             did
             purposely
             forbear
             to
             proceed
             against
             him
             upon
             any
             later
             Law
             ,
             to
             the
             end
             that
             such
             as
             were
             ignorant
             might
             be
             informed
             ,
             that
             long
             before
             King
             Henr.
             8.
             was
             born
             ,
             divers
             Laws
             were
             made
             against
             the
             Usurpation
             of
             the
             Bishop
             of
             Rome
             upon
             the
             rights
             of
             the
             Crown
             of
             England
             ,
             well-nigh
             as
             sharp
             and
             as
             severe
             as
             any
             Statutes
             which
             have
             been
             made
             in
             later
             times
             ;
             and
             that
             therefore
             we
             made
             choice
             to
             proceed
             upon
             a
             Law
             made
             
             more
             then
             200
             years
             past
             ,
             when
             the
             King
             ,
             the
             Lords
             and
             Commons
             ,
             which
             made
             the
             Laws
             ,
             and
             the
             Judges
             ,
             which
             did
             interpret
             the
             Laws
             ,
             did
             for
             the
             most
             part
             follow
             the
             same
             opinions
             in
             Religion
             which
             were
             taught
             and
             held
             in
             the
             Court
             of
             Rome
             .
          
           
             
             2.
             
             For
             the
             second
             Point
             ,
             the
             causes
             that
             moved
             and
             almost
             enforced
             the
             English
             Nation
             to
             make
             this
             ,
             and
             other
             Statutes
             of
             the
             same
             nature
             ,
             were
             of
             the
             greatest
             importance
             that
             could
             possibly
             arise
             in
             any
             State.
             For
             these
             Laws
             were
             made
             to
             uphold
             and
             maintain
             the
             Sovereignty
             of
             the
             King
             ,
             the
             Liberty
             of
             the
             people
             ,
             the
             Common
             Law
             ,
             and
             the
             Commonweal
             ,
             which
             otherwise
             had
             been
             undermined
             and
             utterly
             ruined
             by
             the
             Usurpation
             of
             the
             Bishop
             of
             Rome
             .
          
           
             For
             albeit
             the
             Kings
             of
             England
             were
             absolute
             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
             Christendom
             :
             yet
             if
             we
             look
             into
             the
             stories
             and
             records
             of
             these
             two
             Imperial
             Kingdoms
             ,
             we
             shall
             find
             ,
             that
             if
             these
             Laws
             of
             Provision
             and
             Praemunire
             had
             not
             been
             made
             ,
             they
             had
             lost
             the
             name
             of
             Imperial
             ,
             and
             of
             Kingdoms
             too
             ,
             and
             had
             been
             long
             since
             made
             Tributary
             Provinces
             to
             the
             Bishop
             of
             Rome
             ,
             or
             rather
             part
             of
             S.
             
             Peter's
             Patrimony
             in
             demesne
             .
             Our
             Kings
             had
             had
             their
             Scepters
             wrested
             out
             of
             their
             hands
             ,
             their
             Crowns
             spurned
             off
             from
             their
             heads
             ,
             their
             necks
             trod
             upon
             ,
             they
             had
             been
             made
             Lacquays
             or
             Footmen
             to
             the
             Bishop
             of
             Rome
             ,
             as
             some
             of
             the
             Emperours
             and
             French
             Kings
             were
             ;
             our
             Prelates
             had
             been
             made
             his
             Chaplains
             and
             Clerks
             ,
             our
             Nobility
             his
             Vassals
             and
             Servants
             ,
             our
             Commons
             his
             Slaves
             and
             Villains
             ,
             if
             these
             Acts
             of
             manumission
             had
             not
             freed
             them
             .
             In
             a
             word
             ,
             before
             the
             making
             of
             these
             Laws
             ,
             the
             flourishing
             Crown
             and
             Commonwealth
             of
             England
             was
             in
             extream
             danger
             to
             have
             been
             brought
             into
             most
             miserable
             servitude
             and
             slavery
             ,
             under
             colour
             of
             Religion
             and
             devotion
             to
             the
             See
             of
             Rome
             .
             And
             this
             was
             not
             onely
             seen
             and
             felt
             by
             the
             King
             ,
             and
             much
             repined
             at
             and
             protested
             against
             by
             the
             Nobility
             ,
             but
             the
             Commons
             ,
             the
             general
             multitude
             of
             the
             Subjects
             ,
             did
             exclaim
             and
             cry
             
             out
             upon
             it
             .
             For
             the
             Commons
             of
             England
             m●y
             be
             an
             example
             unto
             all
             other
             Subjects
             in
             the
             world
             in
             this
             ,
             that
             they
             have
             ever
             been
             tender
             and
             sensible
             of
             the
             wrongs
             and
             dishonours
             offered
             unto
             their
             Kings
             ,
             and
             have
             ever
             contended
             to
             uphold
             and
             maintain
             their
             honour
             and
             Sovereignty
             .
             And
             their
             faith
             and
             loyaltie
             hath
             been
             generally
             such
             ,
             (
             though
             every
             Age
             hath
             brought
             forth
             some
             particular
             monsters
             of
             disloyaltie
             )
             as
             no
             pretence
             of
             zeal
             or
             religion
             could
             ever
             withdraw
             the
             greater
             part
             of
             the
             Subjects
             to
             submit
             themselves
             to
             a
             forrein
             yoke
             ,
             no
             not
             when
             Popery
             was
             in
             her
             height
             and
             exaltation
             ;
             
             whereof
             this
             Act
             and
             divers
             others
             of
             the
             same
             kind
             are
             clear
             and
             manifest
             testimonies
             .
             For
             this
             Act
             of
             16
             Rich.
             2.
             was
             made
             at
             the
             prayer
             of
             the
             Commons
             :
             which
             prayer
             they
             make
             not
             for
             themselves
             ,
             neither
             shew
             they
             their
             own
             self
             love
             therein
             ,
             (
             as
             in
             other
             Bills
             which
             contain
             their
             Grievances
             )
             but
             their
             love
             and
             zeal
             to
             the
             King
             and
             his
             Crown
             .
             When
             after
             the
             Norman
             Conquest
             they
             importuned
             their
             Kings
             for
             the
             
               Great
               Charter
            
             ,
             they
             sought
             their
             own
             Liberties
             ;
             and
             in
             other
             Bills
             preferred
             commonly
             by
             the
             Commons
             against
             
               Shriefs
               ,
               Escheators
               ,
               Purveyors
            
             ,
             or
             the
             like
             ,
             they
             seek
             their
             own
             profit
             and
             ease
             :
             but
             here
             their
             Petition
             is
             to
             the
             King
             ,
             to
             make
             a
             Law
             for
             the
             defence
             and
             maintenance
             of
             his
             own
             honour
             .
             
             They
             complain
             ,
             That
             by
             Bulls
             and
             Processes
             from
             Rome
             the
             King
             is
             deprived
             of
             that
             Jurisdiction
             which
             belongs
             of
             right
             to
             his
             Imperial
             Crown
             :
             That
             the
             King
             doth
             lose
             the
             service
             and
             counsel
             of
             his
             Prelates
             and
             learned
             men
             by
             translations
             made
             by
             the
             Bishop
             of
             Rome
             :
             That
             the
             King's
             Laws
             are
             defeated
             at
             his
             will
             ,
             the
             Treasure
             of
             the
             Realm
             is
             exhausted
             and
             exported
             to
             enrich
             his
             Court
             :
             And
             that
             by
             those
             means
             the
             Crown
             of
             England
             ,
             which
             hath
             ever
             been
             free
             and
             subject
             unto
             none
             ,
             but
             immediately
             unto
             God
             ,
             should
             be
             submitted
             unto
             the
             Bishop
             of
             Rome
             ,
             to
             the
             utter
             destruction
             of
             the
             King
             and
             the
             whole
             Realm
             ;
             which
             God
             defend
             ,
             say
             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
             lastly
             ,
             they
             pray
             and
             require
             the
             King
             by
             way
             of
             justice
             ,
             to
             examine
             all
             
             the
             Lords
             in
             Parliament
             ,
             what
             they
             thought
             of
             these
             manifest
             wrongs
             and
             usurpations
             ,
             and
             whether
             they
             would
             stand
             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
             answer
             ,
             that
             these
             Usurpations
             of
             the
             Bishop
             of
             Rome
             were
             against
             the
             liberties
             of
             the
             Crown
             ,
             and
             that
             they
             were
             all
             bound
             by
             their
             allegeance
             to
             stand
             with
             the
             King
             ,
             and
             to
             maintain
             his
             honour
             and
             Prerogative
             .
             And
             thereupon
             it
             was
             enacted
             with
             a
             full
             consent
             of
             the
             three
             Estates
             ,
             That
             such
             as
             should
             purchase
             in
             the
             Court
             of
             Rome
             ,
             or
             elsewhere
             ,
             any
             Bulls
             or
             Processes
             ,
             or
             other
             things
             which
             might
             touch
             the
             King
             in
             his
             Crown
             and
             dignitie
             Royall
             ,
             and
             such
             as
             should
             bring
             them
             into
             the
             Realm
             ,
             and
             such
             as
             should
             receive
             them
             ,
             publish
             them
             ,
             or
             execute
             them
             ,
             they
             ,
             their
             Notaries
             ,
             Proctors
             ,
             Maintainors
             and
             Counsellors
             ,
             should
             be
             all
             out
             of
             the
             King's
             protection
             ,
             their
             lands
             and
             goods
             forfeited
             to
             the
             King
             ,
             their
             bodies
             attached
             if
             they
             might
             be
             found
             ,
             or
             else
             processe
             of
             
               Pramunire
               facias
            
             to
             be
             awarded
             against
             them
             .
             Upon
             these
             motives
             ,
             and
             with
             this
             affection
             and
             zeal
             of
             the
             people
             ,
             was
             the
             Statute
             of
             16
             Rich.
             2.
             made
             ,
             whereupon
             we
             have
             framed
             our
             Inditement
             .
          
           
             Now
             let
             us
             look
             higher
             ,
             and
             see
             whether
             the
             former
             Laws
             made
             by
             King
             Edw.
             1.
             and
             King
             Edw.
             3.
             against
             the
             Usurpation
             of
             the
             Bishop
             of
             Rome
             were
             not
             grounded
             upon
             the
             like
             cause
             and
             reason
             .
             The
             Statute
             of
             38
             Edw.
             3.
             cap.
             1.
             expressing
             the
             mischiefs
             that
             did
             arise
             by
             Breves
             of
             Citation
             ,
             
             which
             drew
             the
             bodies
             of
             the
             people
             ,
             and
             by
             Bulls
             of
             Provision
             and
             Reservation
             of
             Ecclesiasticall
             Benefices
             ,
             which
             drew
             the
             wealth
             of
             the
             Realm
             ,
             to
             the
             Court
             of
             Rome
             ,
             doth
             declare
             ,
             that
             by
             these
             means
             the
             ancient
             Laws
             ,
             Customes
             and
             Franchises
             of
             the
             Realm
             were
             confounded
             ,
             the
             Crown
             of
             our
             Sovereign
             Lord
             the
             King
             diminished
             ,
             and
             his
             person
             falsely
             defamed
             ,
             the
             Treasure
             and
             riches
             of
             the
             land
             carried
             away
             ,
             the
             Subjects
             of
             the
             Realm
             molested
             and
             impoverished
             ,
             the
             Benefices
             of
             Holy
             Church
             wasted
             and
             destroyed
             ,
             Divine
             service
             ,
             Hospitalitie
             ,
             Almsdeeds
             ,
             and
             other
             works
             of
             charitie
             neglected
             .
          
           
           
             Again
             ,
             
             27
             Edw.
             3.
             cap.
             1.
             upon
             the
             grievous
             and
             clamorous
             complaint
             (
             for
             that
             phrase
             is
             there
             used
             )
             of
             the
             great
             men
             and
             Commons
             touching
             Citations
             and
             Provisions
             ,
             it
             is
             enacted
             ,
             That
             the
             offenders
             shall
             forfeit
             their
             lands
             ,
             goods
             and
             chattels
             ,
             and
             their
             bodies
             be
             imprisoned
             and
             ransomed
             at
             the
             King's
             will.
             But
             in
             the
             Statute
             of
             25
             Edw.
             3.
             
             wherein
             the
             first
             Law
             against
             Provisors
             made
             25
             Edw.
             1.
             is
             recited
             ,
             there
             is
             a
             larger
             declaration
             of
             these
             inconveniences
             then
             in
             the
             two
             last
             Acts
             before
             mentioned
             .
             For
             there
             all
             the
             Commons
             of
             the
             Realm
             do
             grievously
             complain
             ,
             That
             whereas
             the
             Holy
             Church
             of
             England
             was
             first
             founded
             in
             estate
             of
             Prelacie
             by
             the
             Kings
             and
             Nobilitie
             of
             that
             Realm
             ,
             and
             by
             them
             endowed
             with
             great
             possessions
             and
             revenues
             in
             lands
             ,
             rents
             and
             Advowsons
             ,
             to
             the
             end
             the
             people
             might
             be
             informed
             in
             Religion
             ,
             Hospitality
             might
             be
             kept
             ,
             and
             other
             works
             of
             Charitie
             might
             be
             exercised
             within
             the
             Realm
             ;
             And
             whereas
             the
             King
             and
             other
             founders
             of
             the
             said
             Prelacies
             were
             the
             rightfull
             Patrons
             and
             Adowees
             thereof
             ,
             and
             upon
             avoidance
             of
             such
             Ecclesiasticall
             promotions
             had
             power
             to
             advance
             thereunto
             their
             kinsmen
             ,
             friends
             ,
             and
             other
             learned
             men
             of
             the
             birth
             of
             that
             Realm
             ,
             which
             being
             so
             advanced
             became
             able
             and
             worthy
             persons
             to
             serve
             the
             King
             in
             Counsell
             ,
             and
             other
             places
             in
             the
             Commonweal
             :
             The
             Bishop
             of
             Rome
             ,
             usurping
             the
             Seigniory
             of
             such
             possessions
             and
             Benefices
             ,
             did
             give
             and
             grant
             the
             same
             to
             Aliens
             ,
             which
             did
             never
             dwell
             in
             England
             ,
             and
             to
             Cardinals
             ,
             which
             might
             not
             dwell
             there
             ,
             as
             if
             he
             were
             rightfull
             Patron
             of
             those
             Benefices
             ;
             whereas
             by
             the
             Law
             of
             England
             he
             never
             had
             right
             to
             the
             Patronage
             thereof
             ;
             whereby
             in
             short
             time
             all
             the
             Spirituall
             promotions
             in
             the
             Realm
             would
             be
             ingrossed
             into
             the
             hands
             of
             Strangers
             ,
             Canonicall
             elections
             of
             Prelates
             would
             be
             abolished
             ,
             works
             of
             Charity
             would
             cease
             ,
             the
             founders
             and
             true
             patrons
             of
             Churches
             would
             be
             disinherited
             ,
             the
             King's
             Counsell
             would
             be
             weakened
             ,
             the
             whole
             Kingdome
             impoverished
             ▪
             and
             the
             Laws
             and
             rights
             of
             the
             Realm
             destroyed
             .
             Upon
             this
             complaint
             it
             was
             resolved
             in
             Parliament
             ,
             That
             these
             oppressions
             and
             grievances
             should
             not
             be
             suffered
             in
             any
             manner
             :
             and
             therefore
             it
             was
             enacted
             ,
             
             That
             the
             King
             and
             his
             Subjects
             should
             thenceforth
             enjoy
             the
             rights
             of
             patronage
             ;
             That
             free
             elections
             of
             Archbishops
             ,
             Bishops
             ,
             and
             other
             Prelates
             elective
             ,
             should
             be
             made
             according
             to
             the
             ancient
             grants
             of
             the
             King's
             Progenitors
             and
             their
             founders
             ;
             That
             no
             Bulls
             of
             Provision
             should
             be
             put
             in
             execution
             ,
             but
             that
             the
             Provisors
             should
             be
             attached
             ,
             fined
             ,
             and
             ransomed
             at
             the
             King's
             will
             ,
             and
             withall
             imprisoned
             till
             they
             had
             renounced
             the
             benefits
             of
             their
             Bulls
             ,
             satisfied
             the
             partie
             grieved
             ,
             and
             given
             sureties
             not
             to
             commit
             the
             like
             offence
             again
             .
          
           
             Now
             ,
             Master
             Lalor
             ,
             what
             think
             you
             of
             these
             things
             ?
             Did
             you
             believe
             that
             such
             Laws
             as
             these
             had
             been
             made
             against
             the
             Pope
             200
             ,
             250
             ,
             300
             years
             since
             ?
             Was
             King
             Hen.
             8.
             the
             first
             Prince
             that
             opposed
             the
             Pope's
             usurped
             Authority
             ?
             Were
             our
             Protestants
             the
             first
             Subjects
             that
             ever
             complained
             of
             the
             Court
             of
             
               Rome
               ?
               Of
               what
               Religion
               ,
               think
               you
               ,
               were
               the
               propounders
               and
               enacters
               of
               these
               Laws
               ?
            
             
             Were
             they
             good
             Catholicks
             ?
             or
             good
             Subjects
             ?
             or
             what
             were
             they
             ?
             You
             will
             not
             say
             they
             were
             Protestants
             ,
             for
             you
             will
             not
             admit
             the
             Reformed
             Religion
             to
             be
             so
             ancient
             as
             those
             times
             :
             neither
             can
             you
             say
             they
             were
             undutifull
             ,
             for
             they
             strove
             to
             uphold
             their
             liege
             Lord's
             Sovereignty
             .
             Doubtless
             the
             people
             in
             those
             days
             did
             generally
             embrace
             the
             vulgar
             errours
             and
             superstitions
             of
             the
             Romish
             Church
             ,
             and
             in
             that
             respect
             were
             Papists
             as
             well
             as
             you
             :
             but
             they
             had
             not
             learned
             the
             new
             doctrine
             of
             the
             Pope's
             Supremacie
             ,
             and
             transcendent
             authority
             over
             Kings
             ;
             they
             did
             not
             believe
             he
             had
             power
             to
             depose
             Princes
             ,
             and
             discharge
             Subjects
             of
             their
             allegeance
             ,
             to
             abrogate
             the
             fundamentall
             Laws
             of
             Kingdomes
             ,
             and
             to
             impose
             his
             Canons
             as
             binding
             laws
             upon
             all
             nations
             ,
             without
             their
             consents
             :
             they
             thought
             it
             a
             good
             point
             of
             Religion
             to
             be
             good
             Subjects
             ,
             to
             honour
             their
             King
             ,
             to
             love
             their
             country
             ,
             and
             to
             maintain
             the
             laws
             and
             liberties
             thereof
             ,
             howsoever
             in
             other
             points
             they
             did
             erre
             and
             were
             miss-led
             with
             the
             Church
             of
             Rome
             .
          
           
             So
             as
             now
             (
             Master
             Lalor
             )
             you
             have
             no
             excuse
             ,
             no
             evasion
             ,
             but
             your
             conscience
             must
             condemn
             you
             as
             well
             as
             the
             Law
             ;
             since
             the
             Law-makers
             in
             all
             Ages
             ,
             and
             all
             religious
             Papists
             and
             Protestants
             ,
             do
             condemn
             you
             :
             unless
             you
             think
             
             your self
             wiser
             then
             all
             the
             Bishops
             that
             were
             then
             in
             England
             ,
             or
             all
             the
             Judges
             who
             in
             those
             days
             were
             learned
             in
             the
             Civil
             and
             Canon
             Laws
             as
             well
             as
             in
             the
             Common
             Laws
             of
             England
             .
             But
             you
             ,
             being
             an
             Irish
             man
             ,
             will
             say
             ,
             perhaps
             ,
             
             these
             Laws
             were
             made
             in
             England
             ,
             and
             that
             the
             Irish
             Nation
             gave
             no
             particular
             consent
             thereunto
             ,
             onely
             there
             was
             an
             implicite
             consent
             wrapt
             and
             folded
             up
             in
             generall
             terms
             given
             in
             the
             Statute
             of
             10
             Hen.
             7.
             cap.
             22.
             whereby
             all
             Statutes
             made
             in
             England
             are
             established
             and
             made
             of
             force
             in
             Ireland
             .
             Assuredly
             ,
             though
             the
             first
             Parliament
             held
             in
             Ireland
             was
             after
             the
             first
             Law
             against
             Provisors
             made
             in
             England
             ,
             yet
             have
             there
             been
             as
             many
             particular
             Laws
             made
             in
             Ireland
             against
             
               Provisions
               ,
               Citations
               ,
               Bulls
            
             and
             Breves
             of
             the
             Court
             of
             
               Rome
               ▪
            
             as
             are
             to
             be
             found
             in
             all
             the
             Parliament-Rolls
             in
             England
             .
             What
             will
             you
             say
             if
             in
             the
             self-same
             Parliament
             of
             10
             Hen.
             7.
             cap.
             5.
             a
             special
             Law
             were
             made
             ,
             enacting
             ,
             authorizing
             and
             confirming
             in
             this
             Realm
             all
             the
             Statutes
             of
             England
             made
             against
             Provisors
             ?
             if
             before
             this
             the
             like
             Law
             were
             made
             32
             Hen.
             6.
             cap.
             4.
             and
             again
             28
             Hen.
             6.
             cap.
             30.
             the
             like
             ?
             and
             before
             that
             ,
             the
             like
             Law
             were
             made
             40
             Edw.
             3.
             cap.
             13.
             in
             the
             famous
             Parliament
             of
             Kilkenny
             ?
             if
             a
             Statute
             of
             the
             same
             nature
             were
             made
             7
             Edw.
             4.
             cap.
             2.
             and
             a
             severer
             Law
             then
             all
             these
             16
             Edw.
             4.
             cap.
             4.
             
             That
             such
             as
             purchase
             any
             Bulls
             of
             Provision
             in
             the
             Court
             of
             Rome
             ,
             as
             soon
             as
             they
             have
             published
             or
             executed
             the
             same
             to
             the
             hurt
             of
             any
             incumbent
             ,
             should
             be
             adjudged
             traitors
             ?
             Which
             Act
             ,
             if
             it
             be
             not
             repealed
             by
             the
             Statute
             of
             Queen
             Mary
             ,
             may
             terrifie
             Master
             Lalor
             more
             then
             all
             the
             Acts
             which
             are
             before
             remembred
             .
          
           
             But
             let
             us
             ascend
             yet
             higher
             ,
             
             to
             see
             when
             the
             Pope's
             Usurpation
             ,
             which
             caused
             all
             these
             complaints
             ,
             began
             in
             England
             ,
             with
             what
             successe
             it
             was
             continued
             ,
             and
             by
             what
             degrees
             it
             rose
             to
             that
             height
             ,
             that
             it
             well-nigh
             over-topp'd
             the
             Crown
             :
             whereby
             it
             will
             appear
             whether
             he
             had
             gained
             a
             circle
             by
             prescription
             ,
             by
             a
             long
             and
             quiet
             possession
             before
             the
             making
             of
             these
             Laws
             .
          
           
             The
             first
             encroachment
             of
             the
             Bishop
             of
             Rome
             upon
             the
             liberties
             of
             the
             Crown
             of
             England
             was
             made
             in
             the
             time
             of
             
             King
             William
             the
             Conqueror
             .
             For
             before
             that
             time
             the
             Pope's
             Writ
             did
             not
             run
             in
             England
             ,
             his
             Bulls
             of
             Excommunication
             and
             Provision
             came
             not
             thither
             ,
             no
             Citation
             ,
             no
             Appeals
             were
             made
             from
             thence
             to
             the
             Court
             of
             Rome
             .
             Our
             Archbishops
             did
             not
             purchase
             their
             Palls
             there
             ,
             
             neither
             had
             the
             Pope
             the
             Investiture
             of
             any
             of
             our
             Bishopricks
             .
             For
             it
             is
             to
             be
             observed
             ,
             that
             as
             under
             the
             Temporal
             Monarchy
             of
             
               Rome
               Britany
            
             was
             one
             of
             the
             last
             Provinces
             that
             was
             wone
             ,
             and
             one
             of
             the
             first
             that
             was
             lost
             again
             :
             so
             under
             the
             Spiritual
             Monarchy
             of
             the
             Pope
             of
             
               Rome
               England
            
             was
             one
             of
             the
             last
             Countries
             of
             Christendom
             that
             received
             his
             yoke
             ,
             and
             was
             again
             one
             of
             the
             first
             that
             did
             reject
             and
             cast
             it
             off
             .
             And
             truly
             ,
             as
             in
             this
             ,
             so
             in
             divers
             other
             points
             ,
             the
             course
             of
             this
             Spiritual
             Monarchy
             of
             the
             Pope
             may
             be
             aptly
             compared
             with
             the
             course
             of
             the
             Temporal
             Monarchies
             of
             the
             world
             .
             For
             as
             the
             Temporal
             Monarchies
             were
             first
             raised
             by
             intrusion
             upon
             other
             Princes
             and
             Commonweals
             ;
             so
             did
             this
             Spiritual
             Prince
             (
             as
             they
             now
             style
             him
             )
             grow
             to
             his
             greatness
             by
             usurping
             upon
             other
             States
             and
             Churches
             .
             As
             the
             Temporal
             Monarchies
             ,
             following
             the
             course
             of
             the
             Sun
             ,
             did
             rise
             in
             the
             East
             ,
             and
             settle
             in
             the
             West
             ;
             so
             did
             the
             Hierarchy
             or
             government
             of
             the
             Church
             .
             Of
             the
             four
             Temporal
             Monarchies
             the
             first
             two
             were
             in
             Asia
             ,
             the
             latter
             two
             in
             Europe
             ;
             but
             the
             Roman
             Monarchy
             did
             surpass
             and
             suppress
             them
             all
             :
             So
             were
             there
             four
             great
             Patriarchs
             ,
             or
             Ecclesiastical
             Hierarchies
             ,
             two
             in
             the
             East
             ,
             and
             two
             in
             the
             West
             ;
             but
             the
             Roman
             Patriarch
             exalted
             himself
             ,
             and
             usurped
             a
             Supremacy
             above
             them
             all
             .
             And
             as
             the
             rising
             of
             the
             Roman
             Empire
             was
             most
             opposed
             by
             the
             State
             of
             Carthage
             in
             
               Africa
               ,
               (
               aemula
               Romae
               Carthago
            
             ;
             )
             so
             the
             Council
             of
             Carthage
             and
             the
             African
             Bishops
             did
             first
             forbid
             Appeals
             to
             Rome
             ,
             and
             opposed
             the
             Supremacy
             of
             the
             Pope
             .
             And
             doth
             not
             Daniel's
             Image
             ,
             whose
             head
             was
             of
             gold
             ,
             and
             legs
             and
             feet
             of
             iron
             and
             clay
             ,
             represent
             this
             Spiritual
             Monarchy
             as
             well
             as
             the
             Temporal
             ,
             whereas
             the
             first
             Bishops
             of
             Rome
             were
             golden
             Priests
             ,
             though
             they
             had
             but
             wooden
             Chalices
             ,
             and
             that
             the
             Popes
             of
             later
             times
             have
             been
             for
             the
             most
             part
             worldly
             and
             earthly-minded
             ?
             And
             as
             the
             Northern
             Nations
             ▪
             first
             revolted
             
             from
             the
             Roman
             Monarchy
             ,
             and
             at
             last
             brake
             it
             in
             pieces
             ;
             have
             not
             the
             North
             and
             North-west
             Nations
             first
             fallen
             away
             from
             the
             Papacy
             ?
             and
             are
             they
             not
             like
             in
             the
             end
             to
             bring
             it
             to
             ruine
             ?
          
           
             But
             to
             return
             to
             our
             purpose
             ;
             
             The
             Bishop
             of
             Rome
             before
             the
             first
             Norman
             Conquest
             had
             no
             jurisdiction
             in
             the
             Realm
             of
             England
             ,
             neither
             in
             the
             time
             of
             the
             Britans
             ,
             nor
             in
             the
             time
             of
             the
             
               Saxons
               .
               Eleutherius
            
             the
             Pope
             within
             less
             then
             200
             years
             after
             Christ
             writes
             to
             Lucius
             the
             British
             King
             ,
             and
             calls
             him
             
               God's
               Vicar
            
             within
             his
             Kingdom
             :
             which
             title
             he
             would
             not
             have
             given
             to
             that
             King
             ,
             if
             himself
             ,
             under
             pretence
             of
             being
             
               God's
               Vicar-generall
            
             in
             earth
             ,
             had
             claimed
             jurisdiction
             overall
             Christian
             Kingdoms
             .
          
           
             Pelagius
             the
             Monk
             of
             Bangor
             ,
             about
             the
             year
             400
             ,
             being
             cited
             to
             Rome
             ,
             refused
             to
             appear
             upon
             the
             Pope's
             citation
             ,
             affirming
             that
             Britain
             was
             neither
             within
             his
             Diocese
             nor
             his
             Province
             .
          
           
             After
             that
             ,
             about
             the
             year
             600
             ,
             Augustine
             the
             Monk
             was
             sent
             by
             Gregory
             the
             Great
             into
             England
             to
             convert
             the
             Saxons
             to
             Christian
             Religion
             ;
             the
             British
             Bishops
             then
             remaining
             in
             Wales
             regarded
             not
             his
             Commission
             nor
             his
             doctrine
             ,
             as
             not
             owing
             any
             duty
             ▪
             nor
             having
             any
             dependency
             on
             the
             Court
             of
             Rome
             ,
             but
             still
             retained
             their
             ceremonies
             and
             traditions
             which
             they
             received
             from
             the
             East
             Church
             upon
             the
             first
             plantation
             of
             the
             Faith
             in
             that
             Island
             ,
             being
             divers
             and
             contrary
             to
             those
             of
             the
             Church
             of
             Rome
             ,
             which
             Augustine
             did
             endeavour
             to
             impose
             upon
             them
             .
          
           
             The
             like
             doth
             Beda
             write
             of
             the
             Irish
             Priests
             and
             Bishops
             .
             For
             in
             the
             year
             660.
             he
             reporteth
             ,
             that
             a
             Convocation
             of
             the
             Clergy
             being
             called
             by
             King
             Oswif
             ,
             there
             rose
             a
             disputation
             between
             Colman
             one
             of
             our
             Irish
             Saints
             ,
             then
             present
             in
             that
             Synod
             ,
             and
             Wilfrid
             a
             Saxon
             Priest
             ,
             touching
             the
             observation
             of
             Easter
             ,
             wherein
             the
             British
             and
             Irish
             Churches
             did
             then
             differ
             from
             the
             Church
             of
             
               Rome
               .
               Colman
            
             ,
             for
             the
             celebration
             of
             Easter
             used
             in
             Ireland
             ,
             affirmed
             it
             was
             the
             same
             
               quod
               beatus
               Evangel●st●
               Joannes
               ,
               discipulus
               specialiter
               à
               Domino
               dilectus
               ,
               in
               omnibus
               quibus
               praeerat
               Ecclesiis
               eelebrâsse
               legitur
               .
            
             On
             the
             other
             part
             Wilfrid
             alledged
             ,
             that
             all
             the
             
             Churches
             of
             Christendom
             did
             then
             celebrate
             Easter
             after
             the
             Roman
             manner
             ,
             except
             the
             Churches
             of
             the
             Britans
             and
             
               Picts
               ,
               qui
               contra
               totum
               orbem
            
             (
             said
             he
             )
             
               stulto
               labore
               pugnant
            
             .
             Whereunto
             Colman
             replied
             ,
             
               Miror
               quare
               stultum
               laborem
               appellas
               ,
               in
               quo
               tanti
               Apostoli
               qui
               super
               pectus
               Domini
               recumbere
               dignus
               fuit
               exempla
               sectamur
               .
               Numquid
               reverendissimum
               patrem
               nostrum
               Columbam
               &
               ejus
               successores
               ,
               viros
               à
               Deo
               dilectos
               ,
               divinis
               paginis
               contraria
               sapuisse
               aut
               egisse
               credendum
               est
               ?
            
             In
             this
             disputation
             or
             dialogue
             two
             things
             may
             be
             observed
             :
             first
             ,
             that
             at
             this
             time
             the
             authority
             of
             the
             Bishop
             of
             Rome
             was
             of
             no
             estimation
             in
             these
             Islands
             :
             next
             ,
             that
             the
             Primitive
             Churches
             of
             Britany
             and
             Ireland
             were
             instituted
             according
             to
             the
             form
             and
             discipline
             of
             the
             East
             Churches
             ,
             and
             not
             of
             the
             West
             ,
             and
             planted
             by
             the
             Disciples
             of
             John
             ,
             and
             not
             of
             Peter
             .
             Thus
             much
             for
             the
             time
             of
             the
             Britans
             .
             For
             the
             Saxons
             ,
             though
             King
             Ina
             gave
             the
             Peter-pence
             to
             the
             Pope
             ,
             partly
             as
             Almes
             ,
             and
             partly
             in
             recompence
             of
             a
             house
             erected
             in
             Rome
             for
             entertainment
             of
             English
             pilgrims
             ;
             yet
             it
             is
             certain
             that
             Alfred
             and
             
               Athelstane
               ,
               Edgar
            
             and
             
               Edmund
               ▪
               Canutus
            
             and
             Edward
             the
             Confessor
             ,
             and
             divers
             other
             Kings
             of
             the
             Saxon
             race
             ,
             did
             give
             all
             the
             Bishopricks
             in
             
               England
               per
               annulum
               &
               baculum
            
             ,
             without
             any
             other
             ceremony
             ,
             as
             the
             Emperour
             and
             the
             French
             King
             and
             other
             Christian
             Princes
             were
             wont
             to
             doe
             .
             They
             made
             also
             several
             Laws
             for
             the
             government
             of
             the
             Church
             :
             Among
             others
             Saint
             Edward
             begins
             his
             Laws
             with
             this
             protestation
             ,
             that
             it
             is
             his
             Princely
             charge
             ,
             
               ut
               populum
               Domini
               ,
               &
               super
               omnia
               sanctam
               ▪
               Ecclesiam
               ,
               regat
               &
               gubernet
               .
            
             Aud
             King
             Edgar
             ,
             in
             his
             Oration
             to
             his
             English
             Clergy
             ,
             Ego
             (
             saith
             he
             )
             
               Constantinis
               vos
               Petri
               gladium
               habetis
               :
               jungamus
               dextras
               ,
               &
               gladium
               ,
               gladio
               copulemus
               ,
               ut
               ejiciantur
               extra
               castra
               leprosi
               ,
               &
               purgetur
               sanctuarium
               Domini
               .
            
             So
             as
             the
             Kings
             of
             England
             with
             their
             own
             Clergy
             did
             govern
             the
             Church
             ,
             and
             therein
             sought
             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
             so
             far
             as
             England
             ,
             because
             they
             were
             full
             of
             business
             nearer
             home
             in
             drawing
             the
             Emperour
             and
             the
             French
             King
             under
             his
             yoke
             .
             But
             upon
             the
             Conquest
             made
             by
             the
             Norman
             ,
             he
             apprehended
             
             the
             first
             occasion
             to
             usurp
             upon
             the
             Liberties
             of
             the
             Crown
             of
             England
             .
             
             For
             the
             Conquerour
             came
             in
             with
             the
             Pope's
             Banner
             ,
             and
             under
             it
             wone
             the
             battel
             which
             got
             him
             the
             garland
             :
             and
             therefore
             the
             Pope
             presumed
             he
             might
             boldly
             pluck
             some
             flowers
             from
             it
             ,
             being
             partly
             gained
             by
             his
             countenance
             and
             blessing
             .
             Hereupon
             he
             sent
             two
             Legates
             into
             England
             ,
             which
             were
             admitted
             and
             received
             by
             the
             Conquerour
             .
             
             With
             them
             he
             called
             a
             Synod
             of
             the
             Clergy
             ,
             and
             deposed
             old
             Stigand
             Archbishop
             of
             Canterbury
             ,
             because
             he
             had
             not
             purchased
             his
             Pall
             in
             the
             Court
             of
             Rome
             ;
             he
             displaced
             many
             Bishops
             and
             Abbots
             to
             place
             his
             Normans
             in
             their
             rooms
             .
             And
             amongst
             the
             rest
             it
             is
             to
             be
             noted
             ,
             that
             the
             King
             having
             earnestly
             moved
             Wolstan
             Bishop
             of
             Worcester
             ,
             being
             then
             very
             aged
             ,
             to
             give
             up
             his
             Staff
             ,
             his
             answer
             was
             ,
             that
             he
             would
             give
             up
             his
             Staff
             onely
             to
             him
             of
             whom
             he
             first
             received
             the
             same
             .
             And
             so
             the
             old
             man
             went
             to
             Saint
             
             Edward's
             Tomb
             ,
             and
             there
             offered
             up
             his
             Staff
             and
             Ring
             ,
             with
             these
             words
             ,
             
               Of
               thee
               ,
               O
               holy
               Edward
               ,
               I
               received
               my
               Staff
               and
               my
               Ring
               ,
               and
               to
               thee
               I
               do
               now
               surrender
               the
               same
               again
               .
            
             Which
             proves
             ,
             that
             before
             the
             Norman
             Conquest
             the
             King
             did
             invest
             his
             Bishops
             
               per
               annulum
               &
               baculum
            
             ,
             as
             I
             said
             before
             .
          
           
             Thus
             we
             see
             ,
             by
             the
             admission
             of
             the
             Pope's
             Legates
             ,
             the
             first
             step
             or
             entry
             made
             into
             his
             usurped
             jurisdiction
             in
             England
             .
             Albeit
             the
             King
             still
             retained
             the
             absolute
             power
             of
             investing
             Bishops
             ,
             and
             seemed
             onely
             to
             use
             the
             advice
             and
             assistance
             of
             the
             Legates
             in
             Ecclesiastical
             matters
             ;
             for
             that
             no
             Decree
             passed
             or
             was
             put
             in
             execution
             without
             his
             Royal
             assent
             thereunto
             .
             Besides
             ,
             how
             far
             forth
             he
             submitted
             himself
             to
             the
             Pope
             ,
             it
             appeareth
             by
             a
             short
             Epistle
             which
             he
             wrote
             to
             Gregory
             the
             7.
             in
             this
             form
             .
             
               Excellentissimo
               Sanctae
               .
               Ecclesiae
               Pastori
               ,
               Gregorio
               ,
               gratiâ
               Dei
               Anglorum
               Rex
               &
               Dux
               Normannorum
               Willielmus
               salutem
               cum
               amicitia
               .
               Hubertus
               Legatus
               tuus
               ,
               Religiose
               Pater
               ,
               ad
               me
               veniens
               ex
               tua
               parte
               me
               admonuit
               ,
               ut
               tibi
               &
               successoribus
               tuis
               fidelitatem
               facerem
               ,
               &
               de
               pecunia
               quam
               antecessores
               mei
               ad
               Romanam
               Ecclesiam
               mittere
               solebant
               melius
               cogitarem
               .
               Vnum
               admisi
               ,
               alterum
               non
               admisi
               :
               fidelitatem
               facere
               nolui
               ,
               nec
               volo
               ,
               quia
               nec
               ego
               promisi
               ,
               nec
               antecessores
               
               meos
               antecessoribus
               tuis
               id
               fecisse
               comperio
               .
               Pecunia
               tribus
               ferè
               annis
               ,
               in
               Galliis
               me
               agente
               ,
               negligenter
               collecta
               est
               :
               nunc
               vero
               divinâ
               misericordiâ
               me
               in
               Regnum
               meum
               reverso
               ,
               quod
               collectum
               est
               per
               praefatum
               Legatum
               mittetur
               ;
               &
               quod
               reliquum
               est
               ,
               per
               Legatos
               Lanfranci
               Archiepiscopi
               fidelis
               nostri
               ,
               cum
               opportunum
               fuerit
               ,
               transmittetur
               ,
               &c.
               
            
          
           
             
             But
             in
             the
             time
             of
             his
             next
             Successour
             King
             
               William
               Rufus
            
             they
             attempted
             to
             pass
             one
             degree
             farther
             ,
             that
             is
             ,
             to
             draw
             Appeals
             to
             the
             Court
             of
             Rome
             .
             For
             Anselme
             being
             made
             Archbishop
             of
             Canterbury
             ,
             and
             being
             at
             some
             difference
             with
             the
             King
             ,
             besought
             his
             leave
             to
             goe
             to
             Rome
             ,
             under
             pretence
             of
             fetching
             his
             Pall.
             The
             King
             ,
             knowing
             he
             would
             appeal
             to
             the
             Pope
             ,
             denied
             him
             leave
             to
             goe
             ,
             and
             withall
             told
             him
             ,
             That
             none
             of
             his
             Bishops
             ought
             to
             be
             subject
             to
             the
             Pope
             ,
             but
             the
             Pope
             himself
             ought
             to
             be
             subject
             to
             the
             Emperour
             ;
             and
             that
             the
             King
             of
             England
             had
             the
             same
             absolute
             liberties
             in
             his
             Dominions
             as
             the
             Emperour
             had
             in
             the
             Empire
             ;
             and
             that
             it
             was
             an
             ancient
             custome
             and
             law
             in
             England
             ,
             used
             time
             out
             of
             mind
             before
             the
             Conquest
             ,
             that
             none
             might
             appeal
             to
             the
             Pope
             without
             the
             King's
             leave
             ;
             and
             that
             he
             that
             breaketh
             this
             law
             or
             custome
             doth
             violate
             the
             Crown
             and
             dignity
             Royal
             ,
             and
             he
             that
             violates
             my
             Crown
             (
             saith
             he
             )
             is
             mine
             enemy
             ,
             and
             a
             traitour
             .
             How
             answer
             you
             this
             ,
             quoth
             the
             King
             ?
             Christ
             himself
             answers
             you
             ,
             saith
             the
             Archbishop
             ,
             
               Tu
               es
               Petrus
               ,
               &
               super
               hanc
               petram
               ,
               &c.
               
            
             Wherewith
             the
             King
             was
             nothing
             satisfied
             .
             And
             thereupon
             Anselme
             departing
             out
             of
             the
             Realm
             without
             licence
             ,
             the
             King
             seized
             his
             Temporalties
             ,
             and
             became
             so
             exasperate
             and
             implacable
             towards
             the
             Bishop
             ,
             as
             he
             kept
             him
             in
             perpetual
             exile
             during
             his
             Reign
             ,
             albeit
             great
             intercession
             were
             made
             for
             his
             return
             ,
             as
             well
             by
             the
             Pope
             as
             the
             King
             of
             France
             .
          
           
             
             In
             the
             time
             of
             the
             next
             King
             Hen.
             1.
             though
             he
             were
             a
             learned
             and
             a
             prudent
             Prince
             ,
             yet
             they
             sought
             to
             gain
             a
             farther
             point
             upon
             him
             ,
             and
             to
             pluck
             a
             flower
             from
             his
             Crown
             of
             greater
             value
             ,
             namely
             the
             Patronage
             and
             Donation
             of
             Bishopricks
             ,
             and
             all
             other
             Benefices
             Ecclesiasticall
             .
             For
             Anselme
             being
             revok'd
             and
             re-established
             in
             the
             See
             of
             Canterbury
             the
             Bishopricks
             of
             Salisbury
             and
             Hereford
             fell
             void
             ,
             
             which
             the
             King
             bestowed
             on
             two
             of
             his
             Chaplains
             .
             But
             Anselme
             their
             Metropolitan
             did
             refuse
             to
             consecrate
             them
             ,
             so
             as
             the
             Archbishop
             of
             York
             was
             fain
             to
             perform
             that
             Office
             ,
             who
             with
             the
             chief
             of
             the
             English
             Clergie
             stood
             with
             the
             King
             ,
             and
             withstood
             Anselme
             .
             Hereupon
             the
             King
             requires
             him
             to
             doe
             his
             homage
             :
             the
             Bishop
             denies
             it
             .
             The
             King
             demands
             of
             him
             whether
             the
             patronage
             and
             investiture
             of
             all
             Bishopricks
             were
             not
             his
             rightfull
             inheritance
             :
             the
             Bishop
             said
             it
             was
             not
             his
             right
             ,
             because
             Pope
             Vrban
             had
             lately
             made
             a
             Decree
             that
             no
             Lay
             person
             should
             give
             any
             Ecclesiasticall
             Benefice
             .
             This
             was
             the
             first
             question
             that
             ever
             was
             made
             touching
             the
             King
             of
             
             England's
             right
             of
             patronage
             and
             donation
             of
             Bishopricks
             within
             his
             dominions
             .
             
             This
             new
             question
             caused
             many
             messages
             and
             embassages
             to
             Rome
             .
             At
             last
             the
             King
             writes
             plainly
             to
             the
             Pope
             ,
             
               Notum
               habeat
               Sanctitas
               vestra
               ,
               quod
               me
               vivente
               (
               Deo
               auxiliante
               )
               dignitates
               &
               usus
               regni
               nostri
               non
               minuentur
               ,
               &
               si
               ego
               (
               quod
               absit
               )
               in
               tanta
               me
               directione
               ponerem
               ,
               magnates
               mei
               ,
               imo
               totius
               Angliae
               populus
               id
               nullo
               modo
               pateretur
               .
            
             Besides
             ,
             
               William
               de
               Warrenast
            
             ,
             the
             King's
             procurator
             in
             the
             Court
             of
             Rome
             ,
             told
             the
             Pope
             that
             the
             King
             would
             rather
             lose
             his
             Kingdome
             then
             he
             would
             lose
             the
             donation
             of
             Bishopricks
             .
             The
             Pope
             answered
             ,
             Know
             you
             precisely
             ,
             Sir
             ,
             I
             speak
             it
             before
             God
             ,
             that
             for
             the
             redemption
             of
             my
             head
             I
             would
             not
             suffer
             him
             to
             enjoy
             it
             .
          
           
             After
             this
             Anselme
             being
             received
             into
             the
             King's
             favour
             ,
             in
             a
             Synod
             of
             the
             English
             Clergie
             holden
             at
             London
             in
             the
             year
             1107.
             a
             Decree
             was
             made
             ,
             
               Cui
               annuit
               Rex
               Henricus
            
             ,
             saith
             
               Matth.
               Paris
            
             ,
             that
             from
             thenceforth
             
               nunquam
               per
               donationem
               Baculi
               Pastoralis
               vel
               Annuli
               quisquam
               de
               Episcopatu
               vel
               Abbathia
               per
               Regem
               vel
               quamlibet
               laicam
               manum
               ,
               inv●stiretur
               in
               Anglia
               .
            
             In
             recompence
             whereof
             the
             Pope
             yielded
             this
             favour
             to
             the
             King
             ,
             that
             thenceforth
             no
             Legate
             should
             be
             sent
             from
             the
             Pope's
             side
             into
             England
             ,
             unless
             the
             King
             required
             it
             ;
             and
             that
             the
             Archbishop
             of
             Canterbury
             for
             the
             time
             being
             should
             be
             for
             ever
             
               Legatus
               natus
            
             :
             and
             Anselme
             ,
             for
             the
             honour
             of
             his
             See
             ,
             obtained
             ,
             that
             the
             Archbishop
             of
             Canterbury
             should
             in
             all
             generall
             Councils
             sit
             at
             the
             Pope's
             foot
             
               tanquam
               alterius
               orbis
               Papa
            
             .
             Notwithstanding
             ,
             as
             the
             succeeding
             
             Popes
             kept
             not
             their
             promise
             touching
             the
             sending
             of
             Legates
             ,
             so
             this
             self-same
             King
             ,
             after
             the
             death
             of
             Anselme
             ,
             broke
             the
             Decree
             touching
             the
             investiture
             of
             the
             Bishops
             .
             For
             he
             gave
             the
             Archbishoprick
             of
             Canterbury
             to
             Rodolph
             Bishop
             of
             London
             ,
             saith
             
               Matth.
               Paris
               ,
               Et
               illum
               per
               Annulum
               &
               Pastoralem
               Baculum
               investivit
            
             ;
             as
             before
             he
             had
             invested
             
               Willielmum
               Gifford
            
             in
             the
             B●shoprick
             of
             
               Winchester
               ,
               contra
               novi
               Concilii
               statuta
               ,
            
             as
             the
             same
             Authour
             reporteth
             .
          
           
             
             The
             times
             of
             the
             next
             succeeding
             King
             Stephen
             were
             full
             of
             Civil
             dissensions
             ,
             which
             made
             the
             land
             well-nigh
             waste
             ,
             so
             as
             Saint
             
             Peter's
             Successour
             could
             not
             take
             any
             fish
             in
             such
             troubled
             waters
             .
             Yet
             during
             this
             King's
             reign
             they
             wone
             that
             point
             of
             jurisdiction
             which
             they
             attempted
             to
             get
             ,
             but
             failed
             thereof
             ,
             in
             the
             time
             of
             King
             
               William
               Rufus
            
             ;
             namely
             ,
             That
             Appeals
             might
             be
             made
             to
             the
             Court
             of
             Rome
             .
             For
             in
             a
             Synod
             at
             London
             summoned
             by
             Henr.
             Bishop
             of
             Winchester
             ,
             the
             Pope's
             Legate
             ,
             it
             was
             decreed
             ,
             That
             Appeals
             should
             be
             made
             from
             Provinciall
             Councils
             to
             the
             Pope
             .
             Before
             that
             time
             
               Appellationes
               in
               usu
               non
               erant
            
             ,
             saith
             a
             Monk
             of
             that
             time
             ,
             
               donec
               Henricus
               Winton
               .
               Episcopus
               malo
               suo
               ,
               dum
               Legatus
               esset
               ,
               crudeliter
               intrusit
               .
            
             Thus
             did
             the
             Pope
             usurp
             three
             main
             points
             of
             Jurisdiction
             upon
             three
             severall
             Kings
             after
             the
             Conquest
             ,
             (
             for
             of
             
               William
               Rufus
            
             he
             could
             win
             nothing
             :
             )
             namely
             ▪
             upon
             the
             Conquerour
             ,
             the
             sending
             of
             Legates
             or
             Commissioners
             ▪
             to
             hear
             and
             determine
             Ecclesiasticall
             causes
             ;
             upon
             Hen.
             1.
             the
             Donation
             and
             Investiture
             of
             Bishopricks
             and
             other
             Benefices
             ;
             upon
             King
             Stephen
             ,
             the
             Appeals
             to
             the
             Court
             of
             Rome
             .
          
           
             
             Now
             are
             we
             come
             to
             King
             Hen.
             2.
             in
             whose
             time
             they
             made
             a
             farther
             encroachment
             upon
             the
             Crown
             ,
             whereby
             they
             endeavoured
             to
             make
             him
             but
             half
             a
             King
             ,
             and
             to
             take
             away
             half
             his
             Subjects
             ,
             by
             exempting
             all
             Clerks
             from
             Secular
             power
             ,
             Hereupon
             rose
             that
             long
             and
             great
             contention
             between
             King
             Hen.
             2.
             and
             
               Thomas
               Becket
            
             ,
             which
             on
             
             Becket's
             behalf
             may
             be
             rightly
             termed
             rebellion
             and
             treason
             :
             the
             just
             cause
             and
             ground
             whereof
             was
             the
             same
             that
             made
             the
             late
             difference
             between
             the
             Pope
             and
             the
             Venetians
             .
             For
             a
             
             Priest
             had
             committed
             a
             foul
             murther
             ,
             
             and
             being
             thereof
             indicted
             and
             convicted
             ,
             prayed
             the
             benefit
             of
             his
             Clergie
             ;
             which
             being
             allowed
             unto
             him
             ,
             he
             was
             delivered
             to
             the
             Bishop
             of
             Salisbury
             ,
             being
             his
             Ordinary
             ,
             to
             make
             his
             purgation
             :
             which
             the
             murtherer
             failing
             to
             doe
             ,
             should
             by
             the
             Law
             have
             been
             degraded
             ,
             and
             delivered
             back
             to
             the
             Secular
             power
             .
             But
             the
             Bishop
             contemning
             the
             Law
             of
             the
             land
             ,
             to
             enlarge
             the
             liberties
             of
             the
             Church
             ,
             sent
             his
             prisoner
             to
             
               Thomas
               Becket
            
             then
             Archbishop
             of
             Canterbury
             ,
             who
             shifted
             him
             into
             an
             Abbey
             ,
             and
             so
             rescued
             him
             from
             the
             capital
             punishment
             he
             had
             justly
             deserved
             .
          
           
             This
             gap
             of
             impunitie
             being
             once
             opened
             ,
             the
             Clergie
             grew
             so
             outrageous
             ,
             as
             the
             King
             was
             informed
             of
             a
             hundred
             murthers
             committed
             by
             Clerks
             ,
             and
             yet
             not
             one
             of
             them
             executed
             for
             the
             same
             ;
             for
             that
             the
             Archbishop
             had
             protected
             them
             all
             after
             the
             same
             manner
             .
             
             For
             this
             the
             King
             was
             justly
             incensed
             against
             the
             Archbishop
             ,
             who
             justified
             his
             doing
             herein
             .
             Whereupon
             a
             common
             Council
             as
             well
             of
             the
             Bishops
             as
             of
             the
             Nobility
             was
             called
             ,
             wherein
             they
             did
             revive
             and
             re-establish
             the
             ancient
             laws
             and
             customes
             of
             the
             Kingdome
             for
             the
             government
             of
             the
             Clergie
             ,
             and
             ordering
             of
             causes
             Ecclesiasticall
             ,
             whereof
             these
             were
             the
             principal
             Heads
             or
             Articles
             .
          
           
             1.
             
             That
             no
             Bishop
             nor
             Clerk
             should
             depart
             the
             Realm
             without
             the
             King's
             licence
             ;
             and
             that
             such
             as
             obtained
             licence
             should
             give
             sureties
             that
             they
             should
             procure
             no
             hurt
             or
             damage
             to
             the
             King
             or
             Realm
             during
             their
             absence
             in
             forrein
             parts
             .
          
           
             2.
             
             That
             all
             Bishopricks
             and
             Abbeys
             being
             void
             should
             remain
             in
             the
             King's
             hands
             as
             his
             own
             demesnes
             ,
             untill
             he
             had
             chosen
             and
             appointed
             a
             Prelate
             thereunto
             ;
             and
             that
             every
             such
             Prelate
             should
             doe
             his
             homage
             to
             the
             King
             before
             he
             were
             admitted
             unto
             the
             place
             .
          
           
             3.
             
             That
             Appeals
             should
             be
             made
             in
             causes
             Ecclesiasticall
             in
             this
             manner
             :
             from
             the
             Archdeacon
             to
             the
             Ordinary
             ,
             from
             the
             Ordinary
             to
             the
             Metropolitan
             ,
             from
             the
             Metropolitan
             to
             the
             King
             ,
             and
             no
             farther
             .
          
           
             4.
             
             That
             Peter-pence
             should
             be
             paid
             no
             more
             to
             the
             Pope
             ,
             but
             to
             the
             King.
             
          
           
           
             5.
             
             That
             if
             any
             Clerk
             should
             commit
             Felony
             ,
             he
             should
             be
             hanged
             ;
             if
             Treason
             ,
             he
             should
             be
             drawn
             and
             quartered
             .
          
           
             6.
             
             That
             it
             should
             be
             adjudged
             high
             Treason
             to
             bring
             in
             Bulls
             of
             Excommunication
             whereby
             the
             Realm
             should
             be
             cursed
             .
          
           
             7.
             
             That
             no
             Decree
             should
             be
             brought
             from
             the
             Pope
             to
             be
             executed
             in
             England
             ,
             upon
             pain
             of
             imprisonment
             and
             confiscation
             of
             goods
             .
          
           
             To
             these
             and
             other
             Constitutions
             of
             the
             like
             nature
             made
             at
             Claringdon
             all
             the
             rest
             of
             the
             Bishops
             ▪
             and
             great
             men
             did
             subscribe
             ,
             and
             bound
             themselves
             by
             oath
             to
             observe
             the
             same
             absolutely
             ;
             onely
             the
             Archbishop
             would
             not
             subscribe
             ,
             and
             swear
             ,
             but
             with
             a
             
               Saving
               ,
               salvo
               suo
               ordine
               &
               honore
               sanctae
               Ecclesiae
               :
            
             yet
             at
             last
             he
             was
             content
             to
             make
             the
             like
             absolute
             Subscription
             and
             Oath
             as
             the
             rest
             had
             done
             ,
             but
             presently
             he
             repented
             ;
             and
             to
             shew
             his
             repentance
             suspended
             himself
             from
             celebrating
             Masse
             ,
             till
             he
             had
             received
             absolution
             from
             the
             Pope
             .
             Then
             he
             began
             to
             maintain
             and
             justifie
             the
             exemption
             of
             Clerks
             again
             ;
             whereat
             the
             King's
             displeasure
             was
             kindled
             anew
             :
             and
             then
             the
             Archbishop
             once
             again
             promised
             absolute
             obedience
             to
             the
             King's
             Laws
             .
             (
             See
             the
             fickleness
             and
             mutability
             of
             your
             constant
             Martyr
             .
             )
             The
             King
             ,
             to
             bind
             fast
             this
             slippery
             Proteus
             ,
             called
             a
             Parliament
             of
             the
             Bishops
             and
             Barons
             ,
             and
             sending
             for
             the
             Roll
             of
             those
             Laws
             ,
             required
             all
             the
             Bishops
             to
             set
             their
             Seals
             thereunto
             .
             They
             all
             assented
             but
             the
             Archbishop
             ,
             who
             protested
             he
             would
             not
             set
             his
             Seal
             ,
             nor
             give
             allowance
             to
             those
             Laws
             .
             The
             King
             ,
             being
             highly
             offended
             with
             his
             rebellious
             demeanour
             ,
             required
             the
             Barons
             in
             Parliament
             to
             give
             Judgement
             of
             him
             ,
             who
             being
             his
             Subject
             would
             not
             be
             ruled
             by
             his
             Laws
             :
             
               Citò
               facite
               mihi
               justitiam
               de
               illo
               ,
               qui
               homo
               meus
               ligeus
               est
               ▪
               &
               stare
               Juri
               in
               Curia
               mea
               recusat
               .
            
             Whereupon
             the
             Barons
             proceeding
             against
             him
             ,
             and
             being
             ready
             to
             condemn
             him
             ;
             I
             prohibit
             you
             (
             quoth
             the
             Archbishop
             )
             in
             the
             name
             of
             Almighty
             God
             to
             proceed
             against
             me
             ,
             for
             I
             have
             appealed
             to
             the
             Pope
             ;
             and
             so
             departed
             in
             contempt
             of
             that
             high
             Court
             ,
             
               Omnibus
               clamantibus
            
             ,
             saith
             
               Hoveden
               ,
               Quò
               progrederis
               ,
               proditor
               ?
               exspecta
               &
               audi
               judicium
               tuum
               .
            
             After
             this
             he
             lurked
             secretly
             
             near
             the
             Sea-shore
             ,
             and
             changing
             his
             apparell
             and
             name
             (
             like
             a
             Jesuit
             of
             these
             times
             ,
             )
             he
             took
             shipping
             with
             a
             purpose
             to
             fly
             to
             Rome
             :
             but
             his
             passage
             being
             hindered
             by
             contrary
             winds
             ,
             he
             was
             summoned
             to
             a
             Parliament
             at
             Northampton
             ,
             where
             he
             made
             default
             wilfully
             ;
             for
             which
             contempt
             his
             Temporalties
             were
             seized
             ,
             and
             his
             body
             being
             attach'd
             ,
             he
             was
             charged
             with
             so
             great
             an
             account
             to
             the
             King
             ,
             as
             that
             he
             was
             found
             in
             arrear
             thirty
             thousand
             marks
             ,
             and
             committed
             to
             prison
             ;
             whence
             he
             found
             means
             to
             escape
             shortly
             after
             ,
             and
             to
             passe
             out
             of
             the
             Realm
             to
             Rome
             .
             He
             was
             no
             sooner
             gone
             ,
             but
             the
             King
             sends
             Writs
             to
             all
             the
             Sherifs
             in
             England
             to
             attach
             the
             bodies
             of
             all
             such
             as
             made
             any
             Appeals
             to
             the
             Court
             of
             Rome
             .
             Hereupon
             many
             messages
             and
             letters
             passing
             to
             and
             fro
             ,
             all
             the
             Suffragans
             of
             Canterbury
             joyn
             in
             a
             letter
             to
             the
             Pope
             ,
             wherein
             they
             condemn
             the
             fugitive
             Archbishop
             ,
             and
             justifie
             the
             King's
             proceedings
             .
             Upon
             this
             the
             Pope
             sends
             two
             Legates
             to
             the
             King
             being
             then
             in
             Normandy
             ,
             to
             mediate
             for
             the
             Archbishop
             .
             They
             ,
             with
             the
             mediation
             of
             the
             French
             King
             ,
             prevailed
             so
             far
             with
             King
             Henry
             ,
             as
             that
             he
             was
             pleased
             to
             accept
             his
             submission
             once
             again
             ,
             and
             promised
             the
             King
             of
             France
             ,
             that
             if
             he
             would
             be
             obedient
             to
             his
             Laws
             ,
             he
             should
             enjoy
             as
             ample
             liberties
             as
             any
             Archbishop
             of
             Canterbury
             ever
             had
             :
             and
             so
             sent
             him
             into
             England
             with
             recommendation
             unto
             the
             young
             King
             his
             Son
             ,
             ,
             then
             lately
             crowned
             ;
             who
             ,
             hearing
             of
             his
             coming
             ,
             commanded
             him
             to
             forbear
             to
             come
             to
             his
             presence
             ,
             untill
             he
             had
             absolved
             the
             Archbishop
             of
             York
             and
             others
             ,
             whom
             he
             had
             excommunicated
             for
             performing
             their
             duties
             at
             his
             Coronation
             .
             The
             Archbishop
             returned
             answer
             ,
             that
             they
             had
             done
             him
             wrong
             in
             usurping
             his
             office
             ;
             yet
             if
             they
             would
             take
             a
             solemn
             oath
             to
             become
             obedient
             to
             the
             Pope's
             commandment
             in
             all
             things
             concerning
             the
             Church
             ,
             he
             would
             absolve
             them
             .
             The
             Bishops
             understanding
             this
             ,
             protested
             they
             would
             never
             take
             that
             oath
             unless
             the
             King
             willed
             them
             so
             to
             doe
             .
             King
             Henry
             the
             Father
             being
             hereof
             advertised
             into
             France
             ,
             did
             rise
             into
             great
             passion
             and
             choler
             ,
             and
             in
             the
             hearing
             of
             some
             of
             his
             servants
             uttered
             words
             to
             this
             effect
             ;
             
               Will
               no
               man
               revenge
               me
               of
               mine
               
               enemies
               ?
            
             Whereupon
             the
             4
             Gentlemen
             named
             in
             the
             Stories
             of
             that
             time
             passed
             into
             England
             ,
             and
             first
             moving
             the
             Archbishop
             to
             absolve
             the
             Bishops
             whom
             he
             had
             excommunicated
             for
             performing
             their
             Duties
             at
             the
             young
             King's
             Coronation
             ,
             and
             receiving
             a
             peremptory
             answer
             of
             deniall
             from
             the
             Archbishop
             ,
             they
             laid
             violent
             hands
             upon
             him
             ,
             and
             slew
             him
             :
             for
             which
             the
             King
             was
             fain
             not
             onely
             to
             suffer
             corporal
             penance
             ,
             but
             in
             token
             of
             his
             humiliation
             to
             kisse
             the
             knee
             of
             the
             Pope's
             Legate
             .
             And
             this
             is
             the
             abridgement
             of
             
             Becket's
             Troubles
             ,
             or
             rather
             Treasons
             ,
             for
             which
             he
             was
             celebrated
             for
             so
             famous
             a
             Martyr
             .
             
             And
             thus
             you
             see
             by
             what
             degrees
             the
             Court
             of
             Rome
             did
             within
             the
             space
             of
             one
             hundred
             and
             odde
             years
             usurp
             upon
             the
             Crown
             of
             England
             ,
             four
             points
             of
             Jurisdiction
             .
             Viz.
             First
             ,
             sending
             out
             of
             Legates
             into
             England
             .
             Secondly
             ,
             drawing
             of
             Appeals
             to
             the
             Court
             of
             Rome
             .
             Thirdly
             ,
             donation
             of
             Bishopricks
             and
             other
             Ecclesiasticall
             Benefices
             .
             And
             fourthly
             ,
             exemption
             of
             Clerks
             from
             the
             Secular
             power
             .
             And
             you
             see
             withall
             how
             our
             Kings
             and
             Parliaments
             have
             from
             time
             to
             time
             opposed
             and
             withstood
             this
             unjust
             Usurpation
             .
          
           
             Now
             then
             the
             Bishop
             of
             Rome
             having
             claimed
             and
             welnigh
             recovered
             full
             and
             sole
             jurisdiction
             in
             all
             causes
             Ecclesiasticall
             ,
             and
             over
             all
             persons
             Ecclesiasticall
             ,
             with
             power
             to
             dispose
             of
             all
             Ecclesiasticall
             Benefices
             in
             England
             ,
             whereby
             he
             had
             upon
             the
             matter
             made
             an
             absolute
             conquest
             of
             more
             then
             half
             the
             Kingdome
             ,
             (
             for
             every
             one
             that
             could
             read
             the
             Psalm
             of
             Miserere
             was
             a
             Clerk
             ,
             and
             the
             Clergie
             possessed
             the
             moietie
             of
             all
             temporall
             possessions
             ,
             )
             there
             remained
             now
             nothing
             to
             make
             him
             owner
             and
             proprietor
             of
             all
             ,
             but
             to
             get
             a
             surrender
             of
             the
             Crown
             ,
             and
             to
             make
             the
             King
             his
             Farmer
             ,
             and
             the
             people
             his
             Villains
             ,
             which
             he
             fully
             accomplished
             and
             brought
             to
             passe
             in
             the
             times
             of
             King
             John
             and
             of
             Hen.
             3.
             
          
           
             
             The
             quarrell
             between
             the
             Pope
             and
             King
             John
             ,
             which
             wrested
             the
             Scepter
             out
             of
             his
             hand
             ,
             and
             in
             the
             end
             brake
             his
             heart
             ,
             began
             about
             the
             Election
             of
             the
             Archbishop
             of
             Canterbury
             .
             I
             call
             it
             Election
             ,
             and
             not
             Donation
             or
             Investiture
             :
             
             for
             the
             manner
             of
             investing
             of
             Bishops
             by
             the
             Staffe
             and
             Ring
             after
             the
             time
             of
             King
             Hen.
             1.
             was
             not
             any
             more
             used
             ,
             but
             by
             the
             King's
             licence
             they
             were
             Canonically
             elected
             ,
             and
             being
             elected
             ,
             the
             King
             gave
             his
             Royall
             assent
             to
             their
             election
             ,
             and
             by
             restitution
             of
             their
             Temporalties
             did
             fully
             invest
             them
             .
             And
             though
             this
             course
             of
             election
             began
             to
             be
             in
             use
             in
             the
             time
             of
             Rich.
             1.
             and
             Hen.
             2.
             yet
             I
             find
             it
             not
             confirmed
             by
             any
             Constitution
             or
             Charter
             before
             the
             time
             of
             King
             John
             ,
             who
             by
             his
             Charter
             dated
             the
             fifteenth
             of
             January
             ,
             in
             the
             sixteenth
             year
             of
             his
             Reign
             ,
             
             granted
             this
             privilege
             to
             the
             Church
             of
             England
             in
             these
             words
             ,
             
               viz.
               Quod
               qualiscunque
               consuetudo
               temporibus
               praedecessorum
               nostrorum
               hactenus
               in
               Ecclesia
               Anglicana
               fuerit
               observata
               ,
               &
               quidquid
               juris
               nobis
               hactenus
               vindicaverimus
               ,
               de
               caetero
               in
               universis
               &
               singulis
               Ecclesiis
               &
               M●nasteriis
               ,
               Cathedralibus
               &
               Conventualibus
               ,
               totius
               regni
               Angliae
               liberae
               sint
               in
               perpetuum
               electiones
               quorumcumque
               Praelatorum
               ,
               majorum
               &
               minorum
               .
               Salvâ
               nobis
               &
               haeredibus
               nostris
               custodiâ
               Ecclesiarum
               &
               Monasteriorum
               vacantium
               quae
               ad
               nos
               pertinent
               .
               Promittimus
               etiam
               quod
               nec
               impediemus
               nec
               impediri
               permittemus
               per
               ministros
               nostros
               ,
               nec
               procurabimus
               ,
               quin
               in
               universis
               &
               singulis
               Monasteriis
               &
               Ecclesiis
               ,
               postquam
               vacuerint
               praelaturae
               ,
               quemcunque
               voluerint
               libere
               sibi
               praeficiant
               electores
               Pastorum
               ,
               petitâ
               tamen
               à
               nobis
               priùs
               &
               haeredibus
               nostris
               licentiâ
               eligendis
               quam
               non
               denegabimus
               nec
               differemus
               .
               Et
               similiter
               ,
               post
               celebratam
               electionem
               ,
               noster
               requiratur
               assensus
               ,
               quem
               non
               denegabimus
               ,
               nisi
               adversus
               eandem
               rationale
               proposuerimus
               ,
               &
               legitimè
               probaverimus
               propter
               quod
               non
               debemus
               consentire
               ,
               &c.
               
            
          
           
             But
             to
             return
             to
             the
             cause
             of
             his
             great
             quarrell
             with
             the
             Pope
             .
             The
             See
             of
             Canterbury
             being
             void
             ,
             the
             Monks
             of
             Canterbury
             suddenly
             and
             secretly
             without
             the
             King's
             licence
             elected
             one
             Reignold
             their
             Subprior
             to
             be
             Archbishop
             ,
             who
             immediately
             posted
             away
             to
             be
             confirmed
             by
             the
             Pope
             .
             But
             when
             he
             came
             there
             ,
             the
             Pope
             rejected
             him
             ,
             because
             he
             came
             not
             recommended
             from
             the
             King.
             Hereupon
             the
             Monks
             made
             suit
             to
             the
             King
             to
             nominate
             some
             fit
             person
             to
             whose
             election
             they
             might
             proceed
             .
             The
             King
             commends
             ,
             
               John
               Gray
            
             Bishop
             of
             Norwich
             ,
             his
             principall
             Counsellour
             ,
             
             who
             was
             afterward
             Lord
             Justice
             of
             this
             Kingdome
             ,
             who
             with
             a
             full
             consent
             was
             elected
             by
             them
             ,
             and
             afterwards
             admitted
             and
             fully
             invested
             by
             the
             King.
             These
             two
             elections
             bred
             such
             a
             controversie
             as
             none
             might
             determine
             but
             the
             Pope
             ,
             who
             gave
             a
             short
             rule
             in
             the
             case
             ,
             for
             he
             pronounced
             both
             elections
             void
             ,
             and
             caused
             some
             of
             the
             Monks
             of
             Canterbury
             ,
             who
             were
             then
             present
             in
             the
             Court
             of
             Rome
             ,
             to
             proceed
             to
             the
             election
             of
             
               Stephen
               Langton
            
             ,
             lately
             made
             Cardinal
             at
             the
             motion
             and
             suit
             of
             the
             French
             King
             :
             who
             being
             so
             elected
             was
             forthwith
             confirmed
             and
             consecrated
             by
             the
             Pope
             ,
             and
             recommended
             to
             the
             King
             of
             England
             with
             a
             flattering
             Letter
             ,
             and
             a
             present
             of
             four
             Rings
             set
             with
             precious
             stones
             ,
             
             which
             were
             of
             great
             value
             and
             estimation
             in
             those
             days
             .
             Howbeit
             the
             King
             more
             esteeming
             this
             Jewell
             of
             the
             Crown
             ,
             namely
             ,
             the
             Patronage
             of
             Bishopricks
             ,
             returned
             a
             round
             and
             Kingly
             answer
             to
             the
             Pope
             ,
             That
             inconsiderately
             and
             rashly
             he
             had
             cassed
             and
             made
             void
             the
             election
             of
             the
             Bishop
             of
             Norwich
             ,
             and
             had
             caused
             one
             Langton
             ,
             a
             man
             to
             him
             unknown
             ,
             and
             bred
             up
             and
             nourished
             amongst
             his
             mortal
             enemies
             ,
             to
             be
             consecrated
             Archbishop
             ,
             without
             any
             due
             form
             of
             election
             ,
             and
             without
             his
             Royal
             assent
             ,
             which
             was
             most
             of
             all
             requisite
             by
             the
             ancient
             laws
             and
             customes
             of
             his
             Realm
             .
             That
             he
             marvelled
             much
             ,
             that
             the
             Pope
             himself
             and
             the
             whole
             Court
             of
             Rome
             did
             not
             consider
             what
             a
             precious
             account
             they
             ought
             to
             make
             of
             the
             King
             of
             
             England's
             friendship
             ,
             in
             regard
             that
             his
             one
             Kingdome
             did
             yield
             them
             more
             profit
             and
             revenue
             then
             all
             the
             other
             countries
             on
             this
             side
             the
             Alpes
             .
             To
             conclude
             ,
             he
             would
             maintain
             the
             liberties
             of
             his
             Crown
             to
             the
             death
             ,
             he
             would
             restrain
             all
             his
             subjects
             from
             going
             to
             Rome
             .
             And
             since
             the
             Archbishops
             ,
             Bishops
             and
             other
             Prelates
             within
             his
             dominions
             were
             as
             learned
             and
             religious
             as
             any
             other
             in
             Christendome
             ,
             his
             subjects
             should
             be
             judged
             by
             them
             in
             Ecclesiasticall
             matters
             ,
             and
             should
             not
             need
             to
             run
             out
             of
             their
             own
             country
             
               to
               beg
               Justice
               at
               the
               hands
               of
               strangers
               .
            
          
           
             But
             what
             followed
             upon
             this
             ?
             The
             Pope
             ,
             after
             a
             sharp
             reply
             ,
             sendeth
             forth
             a
             Bull
             of
             Malediction
             against
             the
             King
             ,
             
             and
             of
             Interdiction
             against
             the
             Realm
             ,
             
             whereby
             all
             the
             Churches
             in
             England
             were
             shut
             up
             ,
             the
             Priests
             and
             Religious
             persons
             were
             forbidden
             to
             use
             any
             Liturgies
             or
             Divine
             service
             ,
             to
             marry
             ,
             to
             bury
             ,
             or
             to
             perform
             any
             Christian
             duty
             among
             the
             people
             .
             This
             put
             the
             King
             into
             such
             a
             rage
             ,
             that
             he
             on
             the
             other
             part
             seized
             the
             Temporalties
             of
             all
             Bishops
             and
             Abbots
             ,
             and
             confiscated
             the
             goods
             of
             all
             the
             Clergie
             .
             Then
             doth
             the
             Pope
             by
             a
             solemn
             sentence
             at
             Rome
             depose
             the
             King
             ,
             and
             by
             a
             Bull
             sent
             into
             England
             dischargeth
             his
             subjects
             of
             their
             allegeance
             ,
             and
             by
             a
             Legate
             sent
             to
             the
             King
             of
             France
             gave
             the
             Kingdome
             of
             England
             to
             him
             and
             his
             successours
             for
             ever
             .
          
           
             These
             things
             brought
             such
             confusion
             and
             miserie
             to
             all
             estates
             and
             degrees
             of
             people
             in
             England
             ,
             as
             the
             King
             became
             odious
             to
             all
             his
             subjects
             ,
             as
             well
             to
             the
             Laietie
             as
             to
             the
             Clergie
             .
             For
             as
             the
             Bishops
             and
             religious
             people
             cursed
             him
             abroad
             ,
             so
             the
             Barons
             took
             arms
             against
             him
             at
             home
             ,
             till
             with
             much
             bloudshed
             they
             forced
             him
             ,
             by
             granting
             the
             
               Great
               Charter
            
             ,
             to
             restore
             King
             
             Edward's
             Laws
             containing
             the
             ancient
             Liberties
             of
             the
             subjects
             of
             England
             .
             The
             Pope
             being
             a
             spectator
             of
             this
             Tragedy
             ,
             and
             seeing
             the
             King
             in
             so
             weak
             and
             desperate
             estate
             ,
             sent
             a
             Legate
             to
             comfort
             him
             ,
             and
             to
             make
             a
             reasonable
             motion
             unto
             him
             ;
             to
             wit
             ,
             that
             he
             should
             surrender
             and
             give
             up
             his
             Crown
             and
             Kingdome
             to
             the
             Pope
             ,
             which
             should
             be
             re-granted
             unto
             him
             again
             to
             hold
             in
             Fee-farm
             and
             Vassalage
             of
             the
             Church
             of
             Rome
             :
             And
             that
             thereupon
             the
             Pope
             would
             blesse
             him
             and
             his
             Realm
             again
             ,
             and
             curse
             his
             rebells
             and
             enemies
             in
             such
             sort
             ,
             as
             he
             should
             be
             better
             establisht
             in
             his
             Kingdome
             then
             he
             was
             before
             .
             In
             a
             word
             ,
             this
             motion
             was
             presently
             embraced
             by
             that
             miserable
             King
             ,
             so
             as
             with
             his
             own
             hands
             he
             gave
             up
             the
             Crown
             to
             the
             Pope's
             Legat
             ,
             and
             by
             an
             Instrument
             or
             Charter
             sealed
             with
             a
             Bull
             or
             Seal
             of
             gold
             he
             granted
             to
             God
             and
             the
             Church
             of
             Rome
             ,
             the
             Apostles
             Peter
             and
             Paul
             ,
             and
             to
             Pope
             Innocent
             the
             third
             and
             his
             successours
             ,
             the
             whole
             Kingdome
             of
             England
             ,
             and
             the
             whole
             Kingdome
             of
             Ireland
             ;
             and
             took
             back
             an
             estate
             thereof
             by
             an
             Instrument
             sealed
             with
             Lead
             ,
             yielding
             yearly
             to
             the
             Church
             of
             
             Rome
             over
             and
             above
             the
             Peter-pence
             a
             thousand
             marks
             sterling
             ,
             viz.
             seven
             hundred
             marks
             for
             England
             ,
             and
             three
             hundred
             marks
             for
             Ireland
             ,
             with
             a
             flattering
             saving
             of
             all
             his
             Liberties
             and
             Royalties
             .
             The
             Pope
             had
             no
             sooner
             gotten
             this
             conveiance
             ,
             though
             it
             were
             void
             in
             law
             ,
             but
             he
             excommunicateth
             the
             Barons
             ,
             and
             repeals
             the
             
               Great
               Charter
            
             ,
             affirming
             that
             it
             contained
             liberties
             too
             great
             for
             his
             subjects
             ;
             calls
             the
             King
             his
             Vassall
             ,
             and
             these
             Kingdomes
             
               Saint
               Peter's
               Patrimony
            
             ;
             grants
             a
             general
             Bull
             of
             Provision
             for
             the
             bestowing
             of
             all
             Ecclesiasticall
             Benefices
             ,
             and
             takes
             upon
             him
             to
             be
             absolute
             and
             immediate
             Lord
             of
             all
             .
             And
             thus
             ,
             under
             colour
             of
             exercising
             Jurisdiction
             within
             these
             Kingdomes
             ,
             the
             Pope
             by
             degrees
             got
             the
             very
             Kingdomes
             themselves
             .
             And
             so
             would
             he
             doe
             at
             this
             day
             ,
             if
             the
             King
             would
             give
             way
             to
             his
             Jurisdiction
             .
          
           
             But
             what
             use
             did
             the
             Pope
             make
             of
             this
             grant
             and
             surrender
             of
             the
             Crown
             unto
             him
             ?
             what
             did
             he
             gain
             by
             it
             ,
             if
             our
             Kings
             retained
             the
             profits
             of
             their
             Kingdomes
             to
             their
             own
             use
             ?
             Indeed
             we
             do
             not
             find
             that
             the
             Fee-farm
             of
             a
             thousand
             marks
             was
             ever
             pay'd
             ,
             but
             that
             it
             is
             all
             run
             in
             arrear
             till
             this
             present
             day
             .
             For
             the
             troth
             is
             ,
             the
             Court
             of
             Rome
             did
             scorn
             to
             accept
             so
             poor
             a
             revenue
             as
             a
             thousand
             marks
             
               per
               annum
            
             out
             of
             two
             Kingdomes
             .
             But
             after
             the
             death
             of
             King
             John
             ,
             during
             all
             the
             reign
             of
             Hen.
             3.
             his
             son
             ,
             the
             Pope
             did
             not
             claim
             a
             Seignioury
             or
             a
             Rent
             out
             of
             England
             and
             Ireland
             ,
             but
             did
             endeavour
             to
             convert
             all
             the
             profits
             of
             both
             Lands
             to
             his
             own
             use
             ,
             as
             if
             he
             had
             been
             seized
             of
             all
             in
             demesne
             .
             For
             whosoever
             will
             reade
             
               Matth.
               Paris
            
             his
             story
             of
             the
             time
             of
             King
             Hen.
             3.
             will
             say
             these
             things
             spoken
             of
             before
             were
             but
             the
             
               beginnings
               of
               evils
            
             .
             For
             the
             exactions
             and
             oppressions
             of
             the
             Court
             of
             Rome
             were
             so
             continuall
             and
             intolerable
             ,
             as
             that
             poor
             Monk
             ,
             who
             lived
             in
             those
             times
             ,
             though
             otherwise
             he
             adored
             the
             Pope
             ,
             doth
             call
             England
             Baalam's
             Asse
             loaden
             ,
             beaten
             ,
             and
             enforced
             to
             speak
             ;
             doth
             call
             the
             Court
             of
             
               Rome
               Charybdis
            
             and
             
               barathrum
               avaritiae
            
             ,
             the
             Pope's
             Collectors
             Harpyes
             ,
             and
             the
             Pope
             himself
             a
             Stepfather
             ,
             and
             the
             Church
             of
             Rome
             a
             Stepmother
             .
             He
             sheweth
             that
             two
             third
             parts
             of
             the
             Land
             being
             then
             
             in
             the
             hands
             of
             Church-men
             ,
             the
             entire
             profits
             thereof
             were
             exported
             to
             enrich
             the
             Pope
             and
             the
             Court
             of
             Rome
             :
             which
             was
             done
             for
             the
             most
             part
             by
             these
             two
             ways
             and
             means
             .
             First
             ,
             by
             conferring
             the
             best
             Ecclesiasticall
             Benefices
             upon
             Italians
             ,
             and
             other
             Strangers
             resident
             in
             that
             Court
             ,
             whose
             farmers
             and
             factors
             in
             England
             took
             the
             profits
             ,
             turned
             them
             into
             money
             ,
             and
             returned
             the
             money
             to
             Rome
             .
             Secondly
             ,
             by
             imposing
             continuall
             taxes
             and
             tallages
             ,
             (
             worse
             then
             
               Irish
               cuttings
            
             )
             being
             sometimes
             the
             tenth
             ,
             sometimes
             the
             fifteenth
             ,
             sometimes
             the
             third
             ,
             sometimes
             the
             moietie
             of
             all
             the
             goods
             both
             of
             the
             Clergie
             and
             Laietie
             ,
             under
             colour
             of
             maintaining
             the
             Pope's
             holy
             wars
             against
             the
             Emperour
             and
             the
             Greek
             Church
             ,
             who
             were
             then
             said
             to
             be
             in
             rebellion
             against
             their
             Lady
             and
             mistresse
             the
             Church
             of
             Rome
             .
             Besides
             ,
             for
             the
             speedy
             levying
             and
             safe
             return
             of
             these
             moneys
             ,
             the
             Pope
             had
             his
             Lombards
             and
             other
             Italian
             Bankers
             and
             Usurers
             resident
             in
             London
             and
             other
             parts
             of
             the
             Realm
             ,
             who
             offered
             to
             lend
             and
             disburse
             the
             moneys
             taxed
             ,
             and
             return
             the
             same
             by
             exchange
             to
             Rome
             ,
             taking
             such
             penal
             Bands
             ,
             the
             form
             whereof
             is
             set
             down
             in
             
               Matth.
               Paris
            
             ,
             and
             such
             excessive
             Usury
             ,
             as
             the
             poor
             Religious
             houses
             ware
             fain
             to
             sell
             their
             Chalices
             and
             Copes
             ,
             and
             the
             rest
             of
             the
             Clergie
             and
             Laiety
             had
             their
             backs
             bowed
             and
             their
             estates
             broken
             under
             the
             burthen
             .
             Besides
             ,
             the
             Pope
             took
             for
             perquisites
             and
             casualties
             the
             goods
             of
             all
             Clerks
             that
             died
             intestate
             ,
             the
             goods
             of
             all
             Usurers
             ,
             and
             all
             goods
             given
             to
             charitable
             uses
             .
             Moreover
             he
             had
             a
             swarm
             of
             Friers
             ,
             (
             the
             first
             corrupters
             of
             Religion
             in
             England
             )
             who
             perswaded
             the
             Nobility
             and
             Gentrie
             to
             put
             on
             the
             sign
             of
             the
             Crosse
             ,
             and
             to
             vow
             themselves
             to
             the
             Holy
             wars
             ,
             which
             they
             had
             no
             sooner
             done
             ,
             but
             they
             were
             again
             perswaded
             to
             receive
             dispensations
             of
             their
             vows
             ,
             and
             to
             give
             mony
             for
             the
             same
             to
             the
             Church
             of
             Rome
             .
             I
             omit
             divers
             other
             policies
             then
             used
             by
             the
             Pope's
             Collectors
             to
             exhaust
             the
             wealth
             of
             the
             Realm
             ,
             which
             they
             affirmed
             they
             might
             take
             with
             as
             good
             a
             conscience
             as
             the
             Hebrews
             took
             the
             Jewells
             of
             the
             Egyptians
             .
             Briefly
             ,
             whereas
             the
             King
             had
             scarce
             means
             to
             maintain
             his
             Royall
             family
             ,
             they
             received
             out
             of
             England
             
             seventy
             thousand
             pounds
             sterling
             at
             least
             yearly
             ,
             which
             amounteth
             to
             two
             hundred
             and
             ten
             thousand
             pounds
             sterling
             of
             the
             moneys
             currant
             at
             this
             day
             .
             Besides
             ,
             they
             exported
             six
             thousand
             marks
             out
             of
             Ireland
             at
             one
             time
             ,
             which
             the
             Emperour
             Frederick
             intercepted
             .
             Lastly
             ,
             the
             King
             himself
             was
             so
             much
             dejected
             ,
             as
             at
             a
             Royal
             Feast
             be
             placed
             the
             Pope's
             Legate
             in
             his
             own
             Chair
             of
             State
             ,
             himself
             sitting
             on
             his
             right
             hand
             ,
             and
             the
             Bishop
             of
             York
             on
             his
             left
             ,
             
               non
               sine
               multorum
               obliquantibus
               oculis
            
             ,
             saith
             
               Matth.
               Paris
            
             .
          
           
             Thus
             we
             see
             the
             effect
             of
             the
             Pope's
             pretended
             Jurisdiction
             within
             the
             dominions
             of
             the
             King
             of
             England
             .
             We
             see
             to
             what
             calamity
             and
             servitude
             it
             then
             reduced
             both
             the
             Prince
             and
             people
             .
             Was
             it
             not
             therefore
             high
             time
             to
             meet
             and
             oppose
             those
             inconveniences
             ?
             Assuredly
             if
             King
             Edw.
             1.
             who
             was
             the
             Son
             and
             heir
             of
             Hen.
             3.
             had
             inherited
             the
             weakness
             of
             his
             Father
             ,
             and
             had
             not
             resisted
             this
             Usurpation
             and
             insolencie
             of
             the
             Court
             of
             Rome
             ,
             the
             Pope
             had
             been
             proprietor
             of
             both
             these
             Ilands
             ,
             and
             there
             had
             been
             no
             King
             of
             England
             at
             this
             day
             .
             
          
           
             But
             King
             Edward
             1.
             may
             well
             be
             styled
             
               vindex
               Anglicae
               libertatis
            
             ,
             the
             Moses
             that
             delivered
             his
             people
             from
             slavery
             and
             oppression
             :
             and
             as
             he
             was
             a
             brave
             and
             victorious
             Prince
             ,
             so
             was
             he
             the
             best
             
               Pater
               patriae
            
             that
             ever
             reigned
             in
             England
             since
             the
             Norman
             Conquest
             ,
             till
             the
             Coronation
             of
             our
             gracious
             Sovereign
             .
             At
             the
             time
             of
             the
             death
             of
             his
             father
             he
             was
             absent
             in
             the
             war
             of
             the
             Holy
             land
             ,
             being
             a
             principal
             Commander
             of
             the
             Christian
             Armie
             there
             ,
             so
             as
             he
             returned
             not
             before
             the
             second
             year
             of
             his
             reign
             .
             But
             he
             was
             no
             sooner
             returned
             and
             crowned
             ,
             but
             the
             first
             work
             he
             did
             was
             to
             shake
             off
             the
             yoke
             of
             the
             Bishop
             of
             Rome
             .
             For
             the
             Pope
             having
             then
             summoned
             a
             generall
             Council
             ,
             before
             he
             would
             licence
             his
             Bishops
             to
             repair
             unto
             it
             ,
             he
             took
             of
             them
             a
             solemn
             oath
             ,
             that
             they
             should
             not
             receive
             the
             Pope's
             blessing
             .
             Again
             ,
             the
             Pope
             forbids
             the
             King
             to
             war
             against
             Scotland
             ;
             the
             King
             regards
             not
             his
             prohibition
             :
             he
             demands
             the
             First-fruits
             of
             Ecclesiasticall
             Livings
             ;
             the
             King
             forbids
             the
             payment
             thereof
             unto
             him
             .
             The
             Pope
             sendeth
             forth
             a
             general
             Bull
             prohibiting
             the
             Clergie
             to
             pay
             subsidies
             or
             tributes
             
             to
             Temporal
             Princes
             .
             A
             Tenth
             was
             granted
             to
             the
             King
             in
             Parliament
             ,
             the
             Clergie
             refused
             to
             pay
             it
             :
             the
             King
             seizeth
             their
             Temporalties
             for
             their
             contempt
             ,
             and
             got
             payment
             notwithstanding
             the
             Pope's
             Bull.
             After
             this
             he
             made
             the
             Statute
             of
             Mortmain
             ,
             whereby
             he
             brake
             the
             Pope's
             chief
             net
             ,
             which
             within
             an
             Age
             or
             two
             more
             would
             have
             drawn
             to
             the
             Church
             all
             the
             temporall
             possessions
             of
             the
             Kingdome
             ,
             &c.
             
             Again
             ,
             one
             of
             the
             King's
             subjects
             brought
             a
             Bull
             of
             Excommunication
             against
             another
             ;
             the
             King
             commandeth
             he
             should
             be
             executed
             as
             a
             traitour
             ,
             according
             to
             the
             ancient
             Law.
             But
             because
             that
             Law
             had
             not
             of
             long
             time
             been
             put
             in
             execution
             ,
             the
             Chancellour
             and
             Treasurer
             kneeled
             before
             the
             King
             ,
             and
             obtained
             grace
             for
             him
             ,
             so
             as
             he
             was
             onely
             banished
             out
             of
             the
             Realm
             .
             And
             as
             he
             judged
             it
             treason
             to
             bring
             in
             Bulls
             of
             Excommunication
             ;
             so
             he
             held
             it
             a
             high
             contempt
             against
             the
             Crown
             to
             bring
             in
             Bulls
             of
             Provision
             ,
             or
             Briefs
             of
             Citation
             ,
             and
             accordingly
             the
             Law
             was
             so
             declared
             in
             Parliament
             25
             Edw.
             1.
             which
             was
             the
             first
             Statute
             made
             against
             Provisors
             :
             the
             execution
             of
             which
             Law
             ,
             during
             the
             life
             of
             King
             Edw.
             1.
             did
             well-nigh
             abolish
             the
             usurped
             Jurisdiction
             of
             the
             Court
             of
             Rome
             ,
             and
             did
             revive
             and
             restore
             again
             the
             ancient
             and
             absolute
             Sovereignty
             of
             the
             King
             and
             Crown
             of
             England
             .
          
           
             His
             Successour
             K.
             Edw.
             2.
             being
             but
             a
             weak
             Prince
             ,
             
             the
             Pope
             attempted
             to
             usurp
             upon
             him
             again
             :
             but
             the
             Peers
             and
             people
             withstood
             his
             Usurpation
             .
             And
             when
             that
             unhappy
             King
             was
             to
             be
             deposed
             ,
             amongst
             many
             Articles
             framed
             against
             him
             by
             his
             enemies
             ,
             this
             was
             one
             of
             the
             most
             hainous
             ,
             that
             he
             had
             given
             allowance
             to
             the
             Bope's
             Bulls
             .
          
           
             Again
             ,
             during
             the
             minority
             of
             King
             Edw.
             3.
             and
             after
             that
             in
             the
             heat
             of
             the
             wars
             in
             France
             ,
             the
             Pope
             sent
             many
             Briefs
             and
             Bulls
             into
             England
             ;
             and
             at
             last
             presumed
             so
             far
             ,
             as
             that
             he
             gave
             an
             Italian
             the
             title
             of
             a
             Cardinall
             in
             England
             ,
             and
             withall
             by
             his
             Bull
             gave
             him
             power
             to
             bestow
             all
             Ecclesiasticall
             promotions
             as
             they
             should
             fall
             void
             from
             time
             to
             time
             .
             This
             moved
             the
             King
             and
             the
             Nobility
             to
             write
             to
             the
             Pope
             to
             this
             effect
             :
             
               We
               and
               our
               ancestours
               have
               richly
               endowed
               the
               Church
               of
               England
               ,
               and
               have
               founded
               Abbeys
               
               and
               other
               Religious
               houses
               for
               the
               jurisdiction
               of
               our
               people
               ,
               
               for
               maintenance
               of
               hospitalitie
               ,
               and
               for
               the
               advancement
               of
               our
               countrymen
               and
               kinsmen
               .
               Now
               you
               provide
               and
               place
               strangers
               in
               our
               Benefices
               ,
               that
               come
               not
               to
               keep
               residence
               thereupon
               ;
               and
               if
               they
               come
               ,
               understand
               not
               our
               language
               ;
               and
               some
               of
               them
               are
               subjects
               to
               our
               mortal
               enemies
               :
               by
               reason
               whereof
               our
               people
               are
               not
               instructed
               ,
               hospitalitie
               is
               not
               kept
               ,
               our
               Scholars
               are
               unpreferred
               ,
               and
               the
               Treasure
               of
               the
               Realm
               is
               exported
               .
            
             The
             Pope
             returneth
             answer
             ,
             That
             the
             Emperour
             had
             lately
             submitted
             himself
             to
             the
             Church
             of
             Rome
             in
             all
             points
             ,
             and
             was
             become
             the
             Pope's
             great
             friend
             ;
             and
             in
             menacing
             manner
             advised
             the
             King
             of
             England
             to
             doe
             the
             like
             .
             The
             King
             replies
             ,
             That
             if
             the
             Emperour
             and
             French
             King
             both
             should
             take
             his
             part
             ,
             he
             was
             ready
             to
             give
             battell
             to
             both
             in
             defence
             of
             the
             liberties
             of
             his
             Crown
             .
             Hereupon
             the
             severall
             Statutes
             against
             Provisors
             before
             recited
             were
             put
             in
             execution
             so
             severely
             ,
             as
             the
             King
             and
             his
             subjects
             enjoyed
             their
             right
             of
             patronage
             clearly
             :
             and
             their
             exemption
             of
             Clerks
             took
             no
             place
             at
             all
             ;
             for
             that
             the
             Abbot
             of
             Waltham
             and
             Bishop
             of
             Winchester
             were
             both
             attainted
             of
             high
             contempts
             ,
             and
             the
             Bishop
             of
             Ely
             of
             a
             capital
             offence
             ,
             as
             appeareth
             in
             the
             Records
             of
             this
             King's
             reign
             .
             
             Yet
             during
             the
             nonage
             of
             Richard
             2.
             they
             began
             once
             again
             to
             encroach
             upon
             the
             Crown
             ,
             by
             sending
             Legates
             and
             Bulls
             and
             Briefs
             into
             England
             ;
             whereof
             the
             people
             were
             so
             sensible
             and
             impatient
             ,
             as
             that
             at
             their
             special
             prayer
             this
             Law
             of
             16
             Rich.
             2.
             (
             whereupon
             our
             Indictment
             is
             framed
             )
             was
             enacted
             ,
             being
             more
             sharp
             and
             penall
             then
             all
             the
             former
             Statutes
             against
             Provisors
             .
             And
             yet
             against
             this
             King
             ,
             as
             against
             Edw.
             2.
             it
             was
             objected
             at
             the
             time
             of
             his
             Deprivation
             ,
             that
             he
             had
             allowed
             the
             Pope's
             Bulls
             to
             the
             enthralling
             of
             the
             Crown
             .
          
           
             After
             this
             in
             the
             weak
             time
             of
             King
             Hen.
             6.
             they
             made
             one
             attempt
             more
             to
             revive
             their
             usurped
             Jurisdiction
             by
             this
             policy
             :
             The
             Commons
             had
             denied
             the
             King
             a
             Subsidy
             when
             he
             stood
             in
             great
             want
             of
             moneys
             .
             The
             Archbishop
             of
             Canterbury
             and
             the
             rest
             of
             the
             Bishops
             ▪
             offered
             the
             King
             a
             large
             supply
             of
             his
             wants
             if
             he
             would
             consent
             that
             all
             the
             
             Laws
             against
             Provisors
             ,
             and
             specially
             this
             Law
             of
             16
             Rich.
             2.
             might
             be
             repealed
             .
             But
             Humphrey
             Duke
             of
             Gloucester
             ,
             who
             had
             lately
             before
             cast
             the
             Pope's
             Bull
             into
             the
             fire
             ,
             did
             likewise
             cause
             this
             motion
             to
             be
             rejected
             .
             So
             as
             by
             special
             providence
             these
             Laws
             have
             stood
             in
             force
             even
             till
             this
             day
             in
             both
             these
             Kingdomes
             .
          
           
             Then
             the
             Atturney
             generall
             descended
             to
             the
             evidence
             ,
             
             whereby
             he
             proved
             fully
             all
             the
             parts
             of
             the
             Indictment
             .
             First
             ,
             it
             was
             proved
             by
             
             Lalor's
             own
             Confession
             ,
             upon
             severall
             Examinations
             taken
             before
             the
             Lord
             Deputie
             and
             Lord
             Chancellor
             and
             others
             ,
             that
             he
             had
             accepted
             the
             Office
             and
             title
             of
             Vicar-general
             in
             the
             Dioceses
             of
             
               Dublin
               ,
               Kildare
            
             and
             Fernes
             ,
             by
             virtue
             of
             the
             Pope's
             Bull.
             Secondly
             ,
             it
             appeared
             by
             the
             copies
             of
             sundry
             Letters
             found
             among
             his
             papers
             at
             his
             apprehension
             ,
             that
             he
             styled
             himself
             the
             Pope's
             Vicar
             ,
             in
             this
             form
             ,
             
               Robertus
               Dublinien
               .
               &
               Kildaren
               .
               &
               Fernen
               .
               Dioeces
               .
               Vicarius
               Apostolicus
               .
            
             Thirdly
             ,
             there
             were
             produced
             the
             copies
             of
             divers
             Acts
             and
             Instruments
             ,
             written
             for
             the
             most
             part
             with
             
             Lalor's
             own
             hand
             ,
             some
             of
             Institutions
             of
             Popish
             Priests
             to
             Benefices
             ,
             others
             of
             Dispensations
             with
             Marriage
             within
             the
             degrees
             ,
             others
             of
             Divorces
             ,
             others
             of
             Dispensations
             for
             non-payment
             of
             Tithes
             .
             Whereby
             it
             was
             manifestly
             proved
             that
             he
             did
             execute
             the
             Pope's
             Bull
             ,
             in
             usurping
             and
             exercising
             Episcopall
             jurisdiction
             as
             Vicar-generall
             of
             the
             See
             Apostolick
             within
             the
             Dioceses
             before
             named
             .
          
           
             To
             this
             evidence
             he
             made
             a
             threefold
             answer
             .
             First
             ,
             That
             he
             was
             no
             suiter
             for
             the
             office
             of
             Vicar-generall
             ,
             but
             it
             was
             imposed
             on
             him
             ,
             and
             he
             accepted
             
               virtute
               obedientiae
            
             ,
             onely
             to
             obey
             his
             Superiours
             .
             Next
             ,
             That
             he
             did
             exercise
             the
             office
             of
             
               Vicar-generall
               in
               foro
               conscientiae
               tantum
            
             ,
             and
             not
             
               in
               foro
               judicii
            
             .
             And
             lastly
             ,
             that
             those
             copies
             of
             Institutions
             ,
             Dispensations
             and
             Divorces
             were
             many
             of
             them
             written
             with
             his
             man's
             hand
             ,
             as
             precedents
             of
             such
             Acts
             and
             Instruments
             ,
             without
             his
             privity
             or
             direction
             .
             Hereupon
             Sir
             
               James
               Ley
            
             Chief
             Justice
             told
             him
             ,
             that
             —
             he
             could
             not
             well
             say
             that
             he
             accepted
             that
             unlawfull
             office
             
               virtute
               obedientiae
            
             ,
             for
             there
             was
             no
             vertue
             in
             that
             obedience
             :
             That
             he
             ow'd
             an
             obedience
             to
             the
             Law
             ,
             and
             to
             the
             King
             ,
             who
             is
             the
             true
             Superiour
             
             and
             Sovereign
             over
             all
             his
             subjects
             ,
             and
             hath
             no
             Peer
             within
             his
             dominions
             ;
             and
             that
             the
             Superiours
             whom
             he
             meant
             and
             intended
             were
             but
             Usurpers
             upon
             the
             King's
             Jurisdiction
             ,
             and
             therefore
             this
             excuse
             did
             aggravate
             his
             contempt
             ,
             in
             that
             it
             appeared
             he
             had
             vowed
             obedience
             to
             those
             who
             were
             apparent
             enemies
             to
             the
             King
             and
             his
             Crown
             .
             And
             though
             it
             were
             manifest
             that
             he
             exercised
             jurisdiction
             
               in
               foro
               judicii
            
             ,
             (
             for
             every
             Institution
             is
             a
             Judgement
             ,
             and
             so
             is
             every
             Sentence
             of
             divorce
             :
             )
             yet
             were
             his
             offence
             nothing
             diminished
             if
             he
             had
             executed
             his
             office
             of
             
               Vicar-generall
               in
               foro
               conscientiae
               tantum
            
             ;
             for
             the
             court
             of
             man's
             conscience
             is
             the
             highest
             tribunall
             ,
             and
             wherein
             the
             power
             of
             the
             Keys
             is
             exercised
             in
             the
             highest
             degree
             .
          
           
             Hereunto
             the
             Atturney
             generall
             took
             occasion
             to
             adde
             thus
             much
             ,
             That
             Lalor
             had
             committed
             these
             high
             offences
             ,
             not
             onely
             against
             the
             Law
             ,
             but
             against
             his
             own
             Conscience
             ,
             and
             that
             he
             was
             already
             condemned
             
               in
               foro
               conscientiae
            
             .
             For
             that
             he
             upon
             his
             second
             Examination
             had
             voluntarily
             acknowledged
             himself
             not
             to
             be
             a
             lawfull
             Vicar-generall
             ,
             and
             that
             he
             thought
             in
             his
             conscience
             he
             could
             not
             lawfully
             take
             upon
             him
             the
             said
             office
             .
             He
             hath
             also
             acknowledged
             our
             Sovereign
             Lord
             K.
             James
             to
             be
             his
             lawfull
             ,
             Chief
             and
             Supreme
             Governour
             ,
             in
             all
             causes
             ,
             as
             well
             Ecclesiasticall
             as
             Civile
             ;
             and
             that
             he
             is
             in
             conscience
             bound
             to
             obey
             him
             in
             all
             the
             said
             causes
             ,
             &c.
             as
             it
             is
             contained
             in
             his
             Acknowledgement
             or
             Confession
             before
             set
             down
             .
             Which
             being
             shewed
             forth
             by
             the
             Atturney
             generall
             ,
             
             the
             Court
             caused
             it
             to
             be
             publickly
             read
             ;
             and
             thereupon
             demanded
             of
             Lalor
             ,
             if
             that
             were
             not
             his
             free
             and
             voluntary
             confession
             signed
             with
             his
             own
             hand
             ,
             and
             confirmed
             by
             his
             oath
             before
             the
             Lord
             Deputie
             and
             Councill
             .
             He
             was
             not
             a
             little
             abashed
             at
             the
             publishing
             of
             this
             Acknowledgement
             and
             Confession
             in
             the
             hearing
             of
             so
             many
             principal
             Gentlemen
             ,
             to
             whom
             he
             had
             preached
             a
             contrary
             doctrine
             :
             therefore
             ,
             said
             he
             ,
             the
             shewing
             forth
             of
             this
             Confession
             is
             altogether
             impertinent
             and
             besides
             the
             matter
             .
             Howsoever
             he
             could
             not
             deny
             but
             that
             he
             made
             it
             ,
             and
             signed
             it
             ,
             and
             swore
             it
             ,
             as
             it
             was
             testified
             by
             the
             Lord
             Deputie
             and
             the
             rest
             .
          
           
           
             Then
             was
             it
             demanded
             of
             him
             ,
             whether
             since
             the
             making
             of
             this
             Confession
             he
             had
             not
             protest●●o
             divers
             of
             his
             friends
             ,
             that
             he
             had
             not
             acknowledged
             the
             King's
             Supremacie
             in
             
               Ecclesiasticall
               causes
            
             .
             His
             answer
             was
             ,
             That
             indeed
             he
             had
             said
             to
             some
             of
             his
             friends
             who
             visited
             him
             in
             the
             Castle
             of
             Dublin
             ,
             that
             he
             had
             not
             confessed
             or
             acknowledged
             that
             the
             King
             was
             his
             Supreme
             Governour
             
               in
               Spirituall
               causes
            
             ,
             for
             that
             the
             truth
             is
             ,
             in
             the
             Confession
             there
             is
             no
             mention
             made
             of
             
               Spirituall
               causes
            
             ,
             but
             of
             Ecclesiasticall
             .
          
           
             This
             is
             a
             subtile
             evasion
             indeed
             ,
             said
             the
             Atturney
             generall
             :
             I
             pray
             you
             what
             difference
             do
             you
             make
             between
             
               Ecclesiasticall
               causes
            
             and
             
               Spirituall
               causes
            
             ?
             This
             question
             ,
             said
             Lalor
             ,
             is
             sudden
             and
             unexpected
             at
             this
             time
             ,
             and
             therefore
             you
             shall
             doe
             well
             to
             take
             another
             day
             to
             dispute
             this
             point
             .
             Nay
             ,
             said
             the
             Atturney
             generall
             ,
             we
             can
             never
             speak
             of
             it
             in
             a
             better
             time
             or
             fitter
             place
             :
             and
             therefore
             though
             you
             ,
             that
             bear
             so
             reverend
             a
             title
             ,
             and
             hold
             the
             reputation
             of
             so
             great
             a
             Clerk
             ,
             require
             a
             farther
             time
             ;
             yet
             shall
             you
             hear
             that
             we
             Lay-men
             that
             serve
             his
             Majestie
             ,
             and
             by
             the
             dutie
             of
             our
             places
             are
             to
             maintain
             the
             Jurisdiction
             of
             the
             Crown
             ,
             are
             never
             so
             unprovided
             but
             that
             we
             can
             say
             somewhat
             touching
             the
             nature
             and
             difference
             of
             these
             Causes
             .
          
           
             First
             then
             ,
             
             let
             us
             see
             when
             this
             distinction
             of
             Ecclesiasticall
             or
             
               Spirituall
               causes
            
             from
             Civile
             and
             
               Temporall
               causes
            
             did
             first
             begin
             in
             point
             of
             jurisdiction
             .
             Assuredly
             for
             the
             space
             of
             three
             hundred
             years
             after
             Christ
             this
             distinction
             was
             not
             known
             or
             heard
             of
             in
             the
             Christian
             world
             .
             For
             the
             causes
             of
             Testaments
             ,
             of
             Matrimony
             ,
             of
             Bastardy
             and
             Adultery
             ,
             and
             the
             rest
             which
             are
             called
             Ecclesiasticall
             or
             
               Spirituall
               c●uses
            
             ,
             were
             meerly
             Civil
             ,
             and
             determined
             by
             the
             rules
             of
             the
             Civil
             Law
             ,
             and
             subject
             onely
             to
             the
             jurisdiction
             of
             the
             Civil
             Magistrate
             ,
             as
             all
             Civilians
             will
             testifie
             with
             me
             .
          
           
             But
             after
             that
             the
             Emperours
             had
             received
             the
             Christian
             Faith
             ,
             out
             of
             a
             zeal
             and
             desire
             they
             had
             to
             grace
             and
             honour
             the
             learned
             and
             godly
             Bishops
             of
             that
             time
             ,
             they
             were
             pleased
             to
             single
             out
             certain
             speciall
             Causes
             wherein
             they
             granted
             jurisdiction
             unto
             the
             Bishops
             :
             namely
             ,
             in
             causes
             of
             Tithes
             ,
             because
             they
             were
             paid
             to
             men
             of
             the
             
             Church
             ;
             in
             causes
             of
             Matrimony
             ,
             because
             Marriages
             were
             for
             the
             most
             part
             solemnized
             in
             the
             Church
             ;
             in
             causes
             Testamentary
             ,
             because
             Testaments
             were
             many
             times
             made
             
               in
               extremis
            
             ,
             when
             Church-men
             were
             present
             ,
             giving
             spiritual
             comfort
             to
             the
             Testator
             ,
             and
             therefore
             they
             were
             thought
             the
             fittest
             persons
             to
             take
             the
             probates
             of
             such
             Testaments
             .
             Howbeit
             these
             Bishops
             did
             not
             proceed
             in
             these
             causes
             according
             to
             the
             Canons
             and
             Decrees
             of
             the
             Church
             ,
             (
             for
             the
             Canon
             Law
             was
             not
             then
             hatched
             or
             dream'd
             of
             )
             but
             according
             to
             the
             rules
             of
             the
             Imperiall
             Law
             ,
             as
             the
             Civil
             Magistrate
             did
             proceed
             in
             other
             causes
             :
             neither
             did
             the
             Emperours
             ,
             in
             giving
             this
             Jurisdiction
             unto
             them
             ,
             give
             away
             their
             own
             Supreme
             and
             absolute
             power
             ,
             to
             correct
             and
             punish
             these
             Judges
             as
             well
             as
             others
             ,
             if
             they
             performed
             not
             their
             severall
             duties
             .
             This
             then
             is
             most
             certain
             ,
             that
             the
             primitive
             Jurisdiction
             in
             all
             these
             causes
             was
             in
             the
             Civil
             Magistrate
             ,
             and
             so
             in
             right
             it
             remaineth
             at
             this
             day
             ;
             and
             though
             it
             be
             derived
             from
             him
             ,
             it
             remaineth
             in
             him
             as
             in
             the
             fountain
             .
             For
             every
             Christian
             Monarch
             (
             as
             well
             as
             the
             godly
             Kings
             of
             Juda
             )
             is
             
               custos
               utriusque
               Tabulae
            
             ;
             and
             consequently
             hath
             power
             to
             punish
             not
             onely
             Treason
             ,
             Murther
             ,
             Theft
             ,
             and
             all
             manner
             of
             Force
             and
             Fraud
             ;
             but
             Incest
             ,
             Adultery
             ,
             Usury
             ,
             Perjury
             ,
             Simony
             ,
             Sorcery
             ,
             Idolatry
             ,
             Blasphemy
             .
             Neither
             are
             these
             Causes
             in
             respect
             of
             their
             own
             quality
             and
             nature
             to
             be
             distinguished
             one
             from
             another
             by
             the
             names
             of
             Spirituall
             or
             
               Temporall
               ▪
            
             For
             why
             is
             Adultery
             a
             
               Spirituall
               cause
            
             rather
             then
             Murther
             ,
             when
             they
             are
             both
             offences
             alike
             against
             the
             Second
             Table
             ?
             or
             Idolatry
             rather
             then
             Perjury
             ,
             being
             both
             offences
             likewise
             against
             the
             First
             Table
             ?
             And
             indeed
             if
             we
             consider
             the
             natures
             of
             these
             Causes
             ,
             it
             will
             seem
             somewhat
             absurd
             that
             they
             are
             distinguished
             by
             the
             name
             of
             Spirituall
             and
             Temporall
             :
             for
             ,
             to
             speak
             properly
             ,
             that
             which
             is
             opposed
             to
             Spirituall
             should
             be
             termed
             Carnall
             ;
             and
             that
             which
             is
             opposed
             to
             Temporall
             should
             be
             called
             Eternall
             .
             And
             therefore
             if
             things
             were
             called
             by
             their
             proper
             names
             ,
             Adultery
             should
             not
             be
             called
             a
             spirituall
             offence
             ,
             but
             a
             carnall
             .
             But
             shall
             I
             expresse
             plainly
             and
             briefly
             why
             these
             Causes
             were
             first
             denominated
             ,
             
             some
             Spirituall
             or
             Ecclesiasticall
             ,
             and
             others
             Temporall
             and
             Civil
             .
          
           
             Truly
             they
             were
             so
             called
             ,
             not
             from
             the
             nature
             of
             the
             Causes
             ,
             as
             I
             said
             before
             ,
             but
             from
             the
             quality
             of
             the
             persons
             whom
             the
             Prince
             had
             made
             Judges
             in
             those
             Causes
             .
             The
             Clergie
             did
             study
             spirituall
             things
             ,
             and
             did
             professe
             to
             live
             
               secundum
               spiritum
            
             ,
             and
             were
             called
             
               spirituall
               men
            
             ;
             and
             therefore
             they
             called
             the
             Causes
             wherein
             Princes
             had
             given
             them
             jurisdiction
             
               spirituall
               causes
            
             ,
             after
             their
             own
             name
             and
             quality
             .
             But
             because
             the
             Lay-magistrates
             were
             said
             to
             intend
             the
             things
             of
             this
             world
             ,
             which
             are
             temporall
             and
             transitory
             ,
             the
             Clergie
             called
             them
             secular
             or
             temporall
             men
             ,
             and
             the
             Causes
             wherein
             they
             were
             Judges
             
               temporall
               causes
            
             .
             This
             distinction
             began
             first
             in
             the
             Court
             of
             Rome
             ,
             where
             the
             Clergie
             having
             by
             this
             Jurisdiction
             gotten
             great
             wealth
             ,
             their
             wealth
             begot
             pride
             ,
             their
             pride
             begot
             ingratitude
             towards
             Princes
             ,
             who
             first
             gave
             them
             their
             Jurisdiction
             ,
             and
             then
             ,
             according
             to
             the
             nature
             of
             all
             ungratefull
             persons
             ,
             they
             went
             about
             to
             extinguish
             the
             memory
             of
             the
             benefit
             :
             for
             whereas
             their
             Jurisdiction
             was
             first
             derived
             from
             Caesar
             ,
             in
             the
             execution
             whereof
             they
             were
             
             Caesar's
             Judges
             ,
             so
             as
             both
             their
             Courts
             and
             Causes
             ought
             still
             to
             have
             born
             
             Caesar's
             image
             and
             superscription
             ,
             as
             belonging
             unto
             Caesar
             ;
             they
             blotted
             
             Caesar's
             name
             out
             of
             the
             style
             of
             their
             Courts
             ,
             and
             called
             them
             
               Courts
               Christian
            
             ,
             as
             if
             the
             Courts
             holden
             by
             other
             Magistrates
             had
             been
             in
             comparison
             but
             Courts
             of
             Ethnicks
             ;
             and
             the
             Causes
             which
             in
             their
             nature
             were
             meerly
             Civil
             ,
             they
             called
             Spirituall
             and
             Ecclesiasticall
             .
             So
             as
             if
             the
             Emperour
             should
             challenge
             his
             Courts
             and
             Causes
             again
             ,
             and
             say
             ,
             
               Reddite
               Caesariquae
               sunt
               Caesaris
            
             ,
             they
             would
             all
             cry
             out
             on
             the
             contrary
             part
             and
             say
             ,
             
               Date
               Deo
               quae
               sunt
               Dei
            
             ;
             our
             Courts
             bear
             the
             name
             and
             title
             of
             Christ
             ,
             the
             superscription
             of
             Caesar
             is
             quite
             worn
             out
             ,
             and
             not
             to
             be
             found
             upon
             them
             .
             And
             this
             point
             of
             their
             policy
             is
             worth
             the
             observing
             ,
             that
             when
             they
             found
             their
             jurisdiction
             in
             Matrimoniall
             causes
             to
             be
             the
             most
             sweet
             and
             gainfull
             of
             all
             other
             ,
             (
             for
             of
             Matrimony
             they
             made
             
               matter
               of
               money
            
             indeed
             )
             to
             the
             end
             that
             Caesar
             might
             never
             resume
             so
             rich
             a
             perquisite
             of
             
             their
             Spirituall
             jurisdiction
             ,
             they
             reduced
             Matrimony
             into
             the
             number
             of
             the
             7
             Sacraments
             :
             after
             which
             time
             it
             had
             been
             Sacriledge
             ,
             if
             the
             Civil
             Magistrate
             had
             intermeddled
             with
             the
             least
             matter
             that
             had
             relation
             to
             Matrimonie
             ,
             or
             any
             dependencie
             thereupon
             .
             So
             then
             it
             appeareth
             ,
             that
             all
             Causes
             whereof
             Ecclesiasticall
             or
             Spirituall
             persons
             have
             cognisance
             or
             jurisdiction
             by
             the
             grants
             or
             permission
             of
             Princes
             are
             called
             Ecclesiasticall
             or
             
               Spirituall
               causes
            
             .
             And
             as
             all
             their
             Courts
             are
             called
             
               Spirituall
               Courts
            
             ,
             so
             all
             Causes
             determinable
             in
             those
             Courts
             are
             called
             
               Spirituall
               Causes
            
             .
             And
             therefore
             where
             Mr.
             Lalor
             hath
             acknowledged
             the
             King's
             Majestie
             to
             be
             Supreme
             Governour
             in
             all
             
               Ecclesiasticall
               causes
            
             ,
             he
             hath
             therein
             acknowledged
             the
             King's
             Supremacie
             in
             all
             
               Spirituall
               causes
            
             ;
             wherein
             he
             hath
             but
             rendered
             to
             Caesar
             that
             which
             is
             Caesar's
             ,
             and
             hath
             given
             unto
             his
             Majestie
             no
             more
             then
             all
             the
             Bishops
             of
             England
             have
             yielded
             to
             his
             Predecessours
             ,
             not
             onely
             in
             this
             latter
             Age
             ,
             but
             also
             in
             former
             times
             both
             before
             and
             since
             the
             Conquest
             ,
             as
             hath
             been
             before
             at
             large
             expressed
             .
          
           
             Here
             the
             day
             being
             far
             spent
             ,
             the
             Court
             demanded
             of
             the
             prisoner
             if
             he
             had
             any
             more
             to
             say
             for
             himself
             .
             His
             answer
             was
             ,
             That
             he
             did
             willingly
             renounce
             his
             office
             of
             Vicar-generall
             ,
             and
             did
             humbly
             crave
             his
             Majestie
             's
             grace
             and
             pardon
             .
             And
             to
             that
             end
             ,
             he
             desired
             the
             Court
             to
             move
             the
             L.
             Deputy
             to
             be
             favourable
             unto
             him
             .
             Then
             the
             Jury
             departed
             from
             the
             Bar
             ,
             and
             returning
             within
             half
             an
             hour
             ,
             found
             the
             prisoner
             guiltie
             of
             the
             Contempts
             whereof
             he
             was
             indicted
             .
             Whereupon
             the
             Solicitor
             generall
             moved
             the
             Court
             to
             proceed
             to
             Judgement
             .
             And
             Sir
             
               Dominick
               Sarsfield
            
             ,
             Knight
             ,
             one
             of
             the
             Justices
             of
             his
             Majestie
             's
             chief
             place
             ,
             gave
             Judgement
             according
             to
             the
             form
             of
             the
             Statute
             whereupon
             the
             Indictment
             was
             framed
             .
          
        
      
       
         
         
           OF
           THE
           KING'
           's
           Ecclesiasticall
           Law.
           
        
         
           IN
           the
           Term
           of
           S.
           Hillary
           ,
           
           in
           the
           33.
           year
           of
           the
           Reign
           of
           Q.
           
             Elizabeth
             ,
             Rotulo
          
           340.
           
           
             Robert
             Caudrey
          
           Clerk
           brought
           an
           action
           of
           Trespasse
           against
           
             George
             Atton
          
           ,
           for
           breaking
           of
           his
           Close
           at
           North-Luffenham
           in
           the
           County
           of
           Rutland
           ,
           the
           7.
           day
           of
           August
           in
           the
           31.
           year
           of
           the
           Reign
           of
           the
           said
           Queen
           .
           The
           Defendant
           pleaded
           not
           guilty
           ,
           and
           the
           Jury
           returned
           and
           sworn
           for
           triall
           of
           this
           issue
           gave
           a
           speciall
           Verdict
           ;
           that
           is
           ,
           they
           found
           the
           truth
           of
           the
           Case
           at
           large
           ,
           referring
           the
           same
           for
           the
           Law
           to
           the
           judgment
           of
           the
           Court
           ,
           to
           this
           effect
           :
           They
           found
           that
           the
           Plaintif
           before
           the
           Trespasse
           supposed
           to
           be
           done
           was
           Parson
           of
           the
           Rectory
           of
           South-Luffenham
           ,
           in
           the
           County
           aforesaid
           ,
           whereof
           the
           place
           wherein
           the
           Trespass
           is
           alledged
           was
           
           parcell
           ;
           and
           found
           the
           Statute
           made
           in
           the
           first
           year
           of
           the
           said
           Queen's
           Reign
           ,
           by
           which
           in
           effect
           it
           is
           enacted
           ,
           That
           such
           Jurisdiction
           Ecclesiasticall
           as
           by
           any
           Spirituall
           or
           Ecclesiasticall
           power
           hath
           heretofore
           been
           ,
           or
           may
           lawfully
           be
           ,
           exercised
           for
           the
           Visitation
           of
           the
           Ecclesiasticall
           estate
           and
           persons
           ,
           and
           for
           reformation
           ,
           order
           and
           correction
           of
           the
           same
           ,
           and
           of
           all
           manner
           of
           Errors
           ,
           Heresies
           ,
           Schisms
           ,
           Abuses
           ,
           Offences
           ,
           Contempts
           and
           Enormities
           within
           this
           Realm
           ,
           should
           for
           ever
           be
           united
           and
           annexed
           to
           the
           Imperiall
           Crown
           of
           this
           Realm
           :
           And
           that
           her
           Highnesse
           ,
           her
           Heirs
           and
           Successors
           ,
           should
           have
           full
           power
           and
           authority
           by
           virtue
           of
           that
           Act
           ,
           by
           Letters
           Patents
           under
           the
           great
           Seal
           of
           England
           to
           assign
           ,
           nominate
           and
           authorize
           such
           persons
           ,
           being
           natural-born
           Subjects
           ,
           as
           her
           Highness
           ,
           her
           Heirs
           or
           Successors
           should
           think
           meet
           ,
           to
           exercise
           and
           execute
           under
           her
           Highnesse
           ,
           her
           Heirs
           and
           Successors
           ,
           all
           and
           all
           manner
           of
           Jurisdiction
           ,
           Priviledges
           and
           Preheminences
           ,
           in
           any
           wise
           touching
           or
           concerning
           any
           Spiritual
           or
           Ecclesiastical
           Jurisdiction
           within
           this
           Realm
           of
           England
           and
           Ireland
           ;
           and
           to
           visit
           ,
           reform
           ,
           redresse
           ,
           order
           ,
           correct
           and
           amend
           all
           such
           Errors
           ,
           Heresies
           ,
           Schisms
           ,
           Abuses
           ,
           Offences
           ,
           Contempts
           and
           Enormities
           whatsoever
           ,
           which
           by
           any
           manner
           of
           Spiritual
           or
           Ecclesiastical
           power
           ,
           authority
           or
           jurisdiction
           ,
           can
           or
           may
           lawfully
           be
           reformed
           ,
           ordered
           ,
           redressed
           ,
           corrected
           ,
           restrained
           or
           amended
           ,
           to
           the
           pleasure
           of
           Almighty
           God
           ,
           the
           encrease
           of
           vertue
           ,
           and
           the
           conservation
           of
           the
           peace
           and
           unity
           of
           this
           Realm
           :
           And
           that
           such
           persons
           ,
           so
           to
           be
           named
           ,
           assigned
           and
           authorized
           ,
           should
           have
           full
           power
           and
           authority
           by
           virtue
           of
           that
           Act
           ,
           and
           of
           such
           Letters
           Patents
           ,
           under
           her
           Highnesse
           ,
           her
           Heirs
           and
           Successors
           ,
           to
           exercise
           ,
           use
           and
           execute
           all
           the
           premisses
           ,
           according
           to
           the
           tenour
           and
           effect
           of
           the
           said
           Letters
           Patents
           ,
           any
           matter
           or
           cause
           to
           the
           contrary
           notwithstanding
           .
        
         
           And
           afterwards
           the
           said
           Queen
           by
           her
           Letters
           Patents
           under
           the
           great
           Seal
           of
           England
           ,
           bearing
           date
           the
           ninth
           day
           of
           December
           ,
           in
           the
           six
           and
           twentieth
           year
           of
           her
           Reign
           ,
           according
           to
           the
           tenour
           of
           the
           said
           Act
           ,
           did
           authorize
           the
           
           Archbishop
           of
           Canterbury
           ,
           the
           Bishop
           of
           London
           ,
           and
           divers
           others
           ,
           or
           any
           three
           or
           more
           of
           them
           ,
           to
           enquire
           ,
           amongst
           others
           ,
           of
           the
           Statute
           of
           the
           first
           year
           of
           her
           Reign
           concerning
           the
           Book
           of
           Common
           Prayer
           ;
           with
           this
           Clause
           also
           contained
           in
           the
           said
           Letters
           Patents
           ,
           videlicet
           ,
           Also
           we
           give
           and
           grant
           full
           power
           and
           authority
           to
           reform
           ,
           redresse
           ,
           order
           ,
           correct
           and
           amend
           in
           all
           places
           of
           this
           Realm
           all
           Errors
           ,
           Heresies
           ,
           Schisms
           ,
           Abuses
           ,
           Contempts
           and
           Enormities
           Spirituall
           or
           Ecclesiasticall
           whatsoever
           ,
           which
           by
           any
           Spirituall
           or
           Ecclesiasticall
           power
           ,
           authority
           or
           jurisdiction
           ,
           can
           or
           may
           lawfully
           be
           reformed
           ,
           ordered
           ,
           redressed
           ,
           corrected
           ,
           restrained
           or
           amended
           by
           Censure
           ;
           Ecclesiasticall
           ,
           Deprivation
           ,
           or
           otherwise
           ,
           &c.
           
           And
           upon
           proof
           thereof
           had
           ,
           and
           the
           offences
           aforesaid
           ,
           or
           any
           of
           them
           ,
           sufficiently
           proved
           against
           any
           person
           or
           persons
           ,
           by
           Confession
           ,
           lawful
           witness
           ,
           or
           by
           any
           due
           manner
           ,
           &c.
           
           That
           then
           you
           or
           three
           of
           you
           shall
           have
           full
           power
           and
           authority
           to
           order
           and
           award
           such
           punishment
           to
           every
           such
           offendor
           ,
           by
           Fine
           ,
           Imprisonment
           ,
           Censure
           of
           the
           Church
           ,
           or
           otherwise
           ,
           or
           by
           all
           or
           any
           of
           the
           said
           ways
           ,
           and
           to
           take
           such
           order
           for
           the
           redresse
           of
           the
           same
           ,
           as
           by
           your
           wisedomes
           and
           discretions
           shall
           be
           thought
           meer
           and
           convenient
           ,
           as
           by
           the
           said
           Letters
           Patents
           more
           at
           large
           appeareth
           .
        
         
           And
           further
           ,
           they
           found
           the
           Statute
           of
           the
           first
           year
           of
           the
           Reign
           of
           the
           said
           Queen
           ,
           by
           which
           it
           is
           enacted
           ,
           That
           the
           offendor
           against
           that
           Act
           concerning
           the
           Uniformity
           of
           Common
           Prayer
           ,
           being
           thereof
           lawfully
           convicted
           ,
           according
           to
           the
           Laws
           of
           the
           Realm
           ,
           by
           Verdict
           of
           twelve
           men
           ,
           or
           by
           his
           Confession
           ,
           or
           by
           the
           notorious
           Evidence
           of
           the
           fact
           ,
           should
           forfeit
           for
           the
           first
           offence
           the
           value
           of
           his
           Spirituall
           living
           for
           one
           whole
           year
           ,
           and
           should
           suffer
           six
           months
           Imprisonment
           :
           for
           the
           second
           offence
           ,
           to
           be
           committed
           after
           such
           Conviction
           ,
           he
           should
           be
           deprived
           
             ipso
             facto
          
           of
           all
           his
           Spiritual
           livings
           :
           and
           for
           the
           third
           offence
           ,
           to
           be
           committed
           after
           two
           Convictions
           as
           is
           aforesaid
           ,
           he
           should
           be
           deprived
           of
           all
           his
           Ecclesiasticall
           livings
           ,
           and
           be
           imprisoned
           during
           his
           life
           .
           And
           that
           the
           said
           
             Robert
             Caudrey
          
           before
           the
           time
           of
           the
           trespass
           supposed
           was
           deprived
           of
           his
           said
           
           Benefice
           before
           the
           said
           High
           Commissioners
           ,
           as
           well
           for
           that
           he
           had
           preached
           against
           the
           said
           Book
           of
           Common
           Prayer
           ,
           as
           also
           for
           that
           he
           refused
           to
           celebrate
           Divine
           Service
           according
           to
           the
           said
           Book
           ,
           and
           shewed
           particularly
           wherein
           :
           Which
           said
           Sentence
           of
           Deprivation
           was
           given
           by
           the
           Bishop
           of
           
             London
             ,
             cum
             assensu
             A.
             B.
             C.
             D.
             &c.
             collegarum
             suorum
             .
          
           And
           the
           Jury
           concluded
           their
           Verdict
           ,
           That
           if
           the
           said
           Deprivation
           were
           not
           warranted
           by
           Law
           ,
           but
           void
           ,
           then
           they
           found
           the
           Defendant
           guilty
           of
           the
           trespass
           :
           And
           if
           the
           Deprivation
           were
           not
           void
           in
           Law
           ,
           then
           they
           found
           the
           Defendant
           not
           guilty
           .
        
         
           And
           this
           Case
           was
           solemnly
           and
           oftentimes
           debated
           at
           Barre
           by
           the
           Counsel
           of
           either
           party
           ,
           and
           at
           the
           Bench
           by
           the
           Judges
           ;
           and
           after
           great
           and
           long
           deliberation
           and
           consultation
           had
           with
           the
           rest
           of
           the
           Judges
           ,
           was
           in
           the
           Term
           of
           S.
           Hillary
           ,
           in
           the
           37.
           year
           of
           the
           said
           Queen
           adjudged
           .
           And
           it
           was
           argued
           by
           the
           Counsel
           of
           the
           Plaintif
           ,
           
           that
           the
           said
           Deprivation
           was
           void
           for
           4
           causes
           .
        
         
           First
           ,
           
           The
           said
           Book
           of
           Common
           Prayer
           being
           authorized
           and
           commanded
           to
           be
           observed
           by
           the
           said
           Act
           of
           the
           first
           year
           of
           the
           Queen
           ,
           upon
           the
           forfeitures
           and
           punishments
           therein
           comprised
           ,
           the
           offence
           of
           the
           Plaintif
           is
           against
           that
           Act
           ;
           for
           that
           Act
           onely
           doth
           command
           the
           observation
           of
           the
           said
           Book
           ,
           and
           inflicteth
           punishments
           in
           severall
           degrees
           for
           depraving
           or
           not
           observing
           of
           the
           same
           :
           and
           consequently
           ,
           if
           the
           offence
           be
           against
           that
           Act
           ,
           the
           Plaintif
           ought
           to
           have
           been
           proceeded
           withall
           and
           punished
           according
           to
           the
           same
           .
           And
           it
           was
           said
           ,
           that
           the
           said
           Act
           was
           an
           Act
           of
           great
           moderation
           and
           equity
           ,
           for
           the
           offendor
           for
           his
           first
           offence
           should
           not
           be
           
             ipso
             facto
          
           deprived
           ,
           but
           should
           onely
           lose
           the
           profits
           of
           his
           Ecclesiasticall
           livings
           for
           one
           year
           ,
           and
           suffer
           Imprisonment
           for
           six
           months
           ,
           to
           the
           end
           that
           such
           as
           were
           froward
           might
           have
           a
           time
           to
           repent
           ,
           and
           the
           well-minded
           a
           time
           to
           consent
           .
           And
           such
           care
           had
           the
           Act
           of
           the
           offendors
           in
           this
           behalf
           ,
           as
           if
           they
           committed
           one
           offence
           ,
           and
           then
           another
           ,
           and
           after
           the
           second
           many
           more
           ;
           yet
           should
           not
           the
           offendor
           be
           deprived
           for
           any
           of
           the
           latter
           offences
           ,
           unless
           he
           had
           been
           first
           judicially
           convicted
           of
           record
           
           by
           verdict
           of
           12
           men
           ,
           or
           by
           confession
           ,
           or
           notorious
           evidence
           of
           the
           fact
           :
           So
           as
           the
           second
           offence
           ,
           for
           which
           he
           must
           be
           deprived
           by
           the
           said
           Act
           ,
           must
           be
           done
           and
           committed
           after
           such
           a
           judiciall
           and
           solemn
           Conviction
           and
           punishment
           ,
           according
           to
           the
           said
           Act
           :
           And
           then
           if
           such
           an
           open
           punishment
           and
           infliction
           should
           not
           give
           him
           understanding
           ,
           and
           open
           his
           heart
           to
           repent
           ,
           then
           ,
           upon
           a
           like
           Conviction
           ,
           for
           a
           second
           offence
           ,
           to
           be
           committed
           after
           such
           a
           Conviction
           ,
           Deprivation
           should
           follow
           .
           But
           in
           the
           case
           now
           in
           question
           ,
           Caudrey
           the
           Plaintif
           was
           deprived
           from
           his
           said
           Parsonage
           of
           South-Luffenham
           for
           his
           said
           first
           offence
           ,
           being
           never
           convented
           or
           convicted
           for
           any
           such
           offence
           before
           .
           And
           therefore
           it
           was
           concluded
           for
           this
           first
           point
           ,
           That
           the
           said
           High
           Commissioners
           had
           not
           pursued
           the
           form
           and
           order
           prescribed
           by
           the
           said
           Act
           ;
           
             &
             non
             observata
             forma
             ,
             infertur
             adnullatio
             Actus
          
           ;
           and
           consequently
           the
           Deprivation
           of
           the
           Plaintif
           is
           void
           ,
           and
           therefore
           Judgement
           ought
           to
           be
           given
           for
           him
           .
           And
           it
           was
           said
           by
           the
           Plaintif's
           Counsell
           ,
           by
           way
           of
           anticipation
           ,
           That
           albeit
           there
           was
           a
           Proviso
           in
           the
           same
           Act
           for
           Archbishops
           ,
           Bishops
           ,
           and
           their
           Chancellors
           ,
           Commissaries
           ,
           Archdeacons
           ,
           and
           other
           Ordinaries
           ,
           having
           peculiar
           Jurisdiction
           ;
           yet
           that
           did
           not
           give
           any
           strength
           to
           the
           said
           Deprivation
           ,
           for
           two
           causes
           .
           First
           ,
           that
           the
           Commissioners
           by
           force
           of
           the
           said
           Act
           of
           1
           Eliz.
           and
           of
           the
           said
           Letters
           Patents
           ,
           are
           not
           within
           the
           said
           Proviso
           ,
           but
           onely
           Archbishops
           and
           Bishops
           ,
           their
           Chancellors
           ,
           Commissaries
           ,
           &c.
           in
           respect
           of
           their
           ordinary
           Jurisdiction
           .
           2.
           
           Admitting
           it
           should
           extend
           to
           the
           said
           High
           Commissioners
           ,
           yet
           ought
           they
           to
           proceed
           according
           to
           the
           form
           and
           order
           of
           the
           said
           Act
           ,
           for
           an
           offence
           done
           against
           that
           Act.
           
        
         
           Secondly
           ,
           it
           was
           objected
           by
           the
           Counsel
           of
           the
           Plaintif
           ,
           
           That
           Caudrey
           the
           Plaintif
           was
           not
           deprived
           either
           by
           the
           verdict
           of
           12
           men
           ,
           or
           by
           confession
           ,
           or
           by
           the
           notorious
           evidence
           of
           the
           fact
           ,
           but
           by
           default
           in
           respect
           he
           appeared
           not
           ,
           being
           duely
           precognizated
           or
           warned
           ;
           which
           case
           ,
           as
           it
           was
           objected
           ,
           was
           
             Casus
             omissus
             ,
             &
             oblivioni
             datus
             ,
          
           and
           not
           within
           the
           said
           Act.
           
        
         
         
           
           Thirdly
           ,
           it
           was
           objected
           on
           the
           behalf
           of
           the
           Plaintif
           ,
           That
           the
           said
           Sentence
           given
           by
           the
           said
           High
           Commissioners
           was
           utterly
           void
           ,
           for
           that
           they
           or
           any
           3
           or
           more
           of
           them
           having
           authority
           by
           force
           of
           the
           said
           Act
           ,
           and
           of
           the
           said
           Letters
           Patents
           under
           the
           great
           Seal
           ,
           ought
           to
           joyn
           in
           the
           Sentence
           ,
           and
           that
           one
           alone
           with
           the
           consent
           of
           2
           or
           more
           of
           the
           other
           Commissioners
           cannot
           give
           a
           Sentence
           ;
           for
           that
           every
           Commissioner
           hath
           equal
           authority
           ,
           and
           by
           the
           said
           Letters
           Patents
           three
           or
           more
           must
           give
           the
           Sentence
           with
           consent
           of
           others
           :
           and
           such
           a
           Judgement
           given
           by
           any
           Commissioners
           of
           Oyer
           and
           Terminer
           ,
           or
           other
           Commissioners
           or
           Judges
           of
           the
           Common
           Law
           ,
           were
           utterly
           void
           and
           of
           none
           effect
           .
        
         
           
           Fourthly
           ,
           and
           lastly
           ,
           it
           was
           objected
           ,
           That
           the
           said
           Commissioners
           were
           not
           nominated
           and
           appointed
           according
           to
           the
           said
           Act
           ;
           for
           the
           Jurisdiction
           and
           power
           given
           by
           the
           said
           Act
           to
           the
           Crown
           ,
           is
           ,
           to
           name
           such
           Commissioners
           as
           be
           natural-born
           Subjects
           ,
           and
           it
           doth
           not
           appear
           by
           the
           said
           special
           verdict
           that
           the
           said
           Commissioners
           were
           natural-born
           subjects
           :
           And
           albeit
           the
           Judges
           as
           private
           men
           in
           their
           particular
           knowledge
           did
           know
           them
           to
           be
           natural-born
           subjects
           ;
           yet
           they
           being
           Judges
           of
           record
           ,
           ought
           onely
           to
           see
           with
           Judicial
           eyes
           ,
           and
           to
           take
           knowledge
           of
           no
           more
           then
           doth
           appear
           to
           them
           within
           the
           Record
           ;
           for
           upon
           that
           ,
           and
           not
           upon
           private
           knowledge
           out
           of
           the
           Record
           ,
           they
           onely
           must
           give
           their
           Judgement
           ,
           and
           upon
           that
           Record
           enter
           their
           Judgement
           also
           of
           record
           .
           And
           seeing
           that
           the
           said
           Queen
           had
           ,
           as
           it
           was
           said
           by
           the
           Plaintif's
           Counsel
           ,
           Ecclesiastical
           Jurisdiction
           by
           the
           said
           Act
           of
           Parliament
           ,
           and
           by
           the
           same
           ,
           power
           was
           given
           unto
           her
           to
           name
           Ecclesiastical
           Commissioners
           ;
           she
           of
           necessity
           must
           make
           her
           nomination
           according
           to
           the
           said
           Act
           ,
           having
           no
           other
           power
           ,
           as
           was
           objected
           ,
           but
           by
           the
           said
           Act.
           And
           seeing
           it
           was
           not
           specially
           found
           that
           they
           were
           natural-born
           subjects
           ,
           
             &
             de
             non
             apparentibus
             &
             non
             existentibus
             eadem
             est
             ratio
          
           ;
           for
           this
           cause
           also
           the
           said
           Sentence
           of
           Deprivation
           was
           void
           ,
           as
           given
           by
           Commissioners
           not
           warranted
           by
           the
           said
           Act.
           
        
         
           Asto
           the
           first
           and
           second
           Objections
           ,
           both
           being
           grounded
           
           upon
           the
           said
           Act
           of
           Parliament
           ,
           
           it
           was
           resolved
           by
           the
           whole
           Court
           ,
           that
           notwithstanding
           these
           two
           Objections
           ,
           the
           Sentence
           was
           not
           to
           be
           impeached
           for
           either
           of
           them
           ,
           and
           that
           for
           three
           causes
           .
           First
           ,
           for
           that
           the
           said
           Act
           concerning
           the
           Uniformity
           of
           Common
           Prayer
           being
           in
           the
           affirmative
           ,
           doth
           not
           abrogate
           or
           take
           away
           the
           Jurisdiction
           Ecclesiasticall
           ,
           unless
           words
           in
           the
           negative
           had
           been
           added
           ,
           as
           ,
           
             and
             not
             otherwise
          
           ,
           or
           
             in
             no
             other
             manner
             or
             form
             ,
          
           or
           to
           the
           like
           effect
           .
           And
           this
           appeareth
           by
           the
           general
           rule
           of
           all
           our
           Books
           ,
           as
           it
           appeareth
           in
           46
           E.
           3.4
           .
           47
           E.
           3.10
           .
           20
           H.
           6.11
           .
           36
           H.
           6.3
           .
           3
           E.
           4.27
           .
           3
           H.
           7.1
           .
           14
           H.
           7.10
           15
           H.
           7.16
           .
           33
           H.
           8.
           
           Dyer
           50.
           4
           
           
             Mar.
             Dyer
          
           135.
           
           
             Stradlings
             case
             .
             Pl.
             Com.
          
           207.
           &c.
           2.
           
           The
           Ecclesiasticall
           Law
           and
           the
           Temporal
           Law
           have
           several
           proceedings
           ,
           and
           to
           several
           ends
           :
           the
           one
           being
           Temporal
           ,
           to
           inflict
           punishment
           upon
           the
           body
           ,
           lands
           ,
           or
           goods
           ;
           the
           other
           being
           Spiritual
           ,
           
             pro
             salute
             Animae
          
           :
           the
           one
           to
           punish
           the
           outward
           man
           ,
           the
           other
           to
           reform
           the
           inward
           .
           And
           this
           appeareth
           in
           12
           H.
           7.22
           .
           &
           10
           E.
           4.10
           .
           &c.
           Then
           both
           these
           distinct
           and
           several
           Jurisdictions
           consist
           and
           stand
           well
           together
           ,
           and
           do
           joyn
           in
           this
           ,
           to
           have
           the
           whole
           man
           inwardly
           and
           outwardly
           reformed
           .
           3.
           
           The
           Proviso
           in
           the
           said
           Act
           doth
           make
           this
           question
           without
           question
           ,
           for
           by
           it
           is
           provided
           ,
           ordained
           and
           enacted
           by
           the
           Authority
           aforesaid
           ,
           That
           all
           and
           singular
           Archbishops
           and
           Bishops
           ,
           and
           every
           of
           their
           Chancellors
           ,
           Commissaries
           ,
           Archdeacons
           ,
           and
           other
           Ordinaries
           ,
           having
           any
           peculiar
           Ecclesiastical
           Jurisdiction
           ,
           should
           have
           full
           power
           and
           authority
           by
           virtue
           of
           that
           Act
           ,
           as
           well
           to
           enquire
           in
           their
           Visitations
           ,
           Synods
           ,
           and
           elsewhere
           within
           their
           Jurisdiction
           ,
           as
           at
           any
           other
           time
           and
           place
           to
           take
           informations
           of
           all
           and
           every
           the
           things
           above
           mentioned
           ,
           done
           ,
           committed
           or
           perpetrated
           within
           the
           limits
           of
           their
           Jurisdictions
           and
           authority
           ,
           and
           punish
           the
           same
           by
           Admonition
           ,
           Excommunication
           ,
           Sequestration
           ,
           or
           Deprivation
           ,
           and
           other
           Censures
           and
           Processe
           ,
           in
           like
           form
           as
           heretofore
           had
           been
           used
           in
           like
           cases
           by
           the
           Queen
           's
           Ecclesiasticall
           Laws
           ,
           as
           by
           the
           said
           Act
           appeareth
           .
           So
           as
           seeing
           ,
           if
           that
           Act
           had
           never
           inflicted
           any
           punishment
           
           for
           depraving
           or
           not
           observing
           the
           Book
           of
           Common
           Prayer
           ,
           yet
           the
           same
           being
           allowed
           and
           commanded
           to
           be
           observed
           for
           uniformity
           of
           Common
           Prayer
           ,
           and
           the
           unity
           and
           peace
           of
           the
           Church
           ;
           the
           Ecclesiasticall
           Judge
           may
           deprive
           such
           Parson
           ,
           Vicar
           ,
           &c.
           as
           shall
           deprave
           or
           not
           observe
           the
           said
           Book
           ,
           as
           well
           for
           the
           first
           offence
           ,
           as
           he
           might
           have
           done
           by
           the
           Censures
           of
           the
           Church
           and
           the
           Ecclesiasticall
           Laws
           ,
           if
           no
           form
           of
           punishment
           had
           been
           inflicted
           by
           that
           Act.
           And
           this
           doth
           evidently
           appear
           by
           the
           said
           Proviso
           :
           For
           thereby
           ,
           notwithstanding
           any
           thing
           in
           that
           Act
           contained
           ,
           they
           may
           punish
           such
           offendors
           by
           Admonition
           ,
           Excommunication
           ,
           Sequestration
           ,
           or
           Deprivation
           ,
           and
           other
           Censures
           and
           Processe
           ,
           in
           like
           form
           as
           heretofore
           hath
           been
           used
           in
           like
           cases
           by
           the
           Queen
           's
           Ecclesiasticall
           Laws
           ,
           and
           are
           not
           bound
           to
           pursue
           the
           form
           prescribed
           by
           the
           said
           Act
           ,
           which
           is
           to
           punish
           the
           offendor
           according
           to
           the
           Temporal
           Law.
           And
           it
           was
           re●olved
           ,
           That
           if
           the
           Jurisdiction
           of
           the
           Archbishops
           and
           Bishops
           ,
           and
           their
           Chancellors
           ,
           Commissaries
           ,
           Archdeacons
           ,
           and
           other
           Ordinaries
           ,
           having
           any
           peculiar
           Ecclesiasticall
           Jurisdiction
           ,
           were
           provided
           for
           by
           the
           said
           Act
           ,
           
             à
             fortiori
          
           the
           High
           Commissioners
           ,
           authorized
           by
           another
           Act
           in
           the
           same
           Parliament
           ,
           were
           tacitè
           provided
           for
           :
           
             Ouia
             cui
             licet
             quod
             majus
             est
             ,
             non
             debet
             quod
             minus
             est
             non
             licere
             .
          
        
         
           
           As
           to
           the
           third
           Objection
           ,
           it
           was
           also
           resolved
           by
           the
           whole
           Court
           ,
           that
           the
           Sentence
           given
           by
           the
           Bishop
           ,
           by
           the
           consent
           of
           his
           Collegues
           ,
           was
           such
           as
           the
           Judges
           of
           the
           Common
           Law
           ought
           to
           allow
           to
           be
           given
           according
           to
           the
           Ecclesiasticall
           Laws
           :
           For
           seeing
           their
           authority
           is
           to
           proceed
           and
           give
           sentence
           in
           Ecclesiasticall
           causes
           according
           to
           the
           Ecclesiasticall
           Law
           ,
           and
           they
           have
           given
           a
           Sentence
           in
           a
           cause
           Ecclesiasticall
           upon
           their
           proceedings
           by
           force
           of
           that
           Law
           ;
           the
           Judges
           of
           the
           Common
           Law
           ought
           to
           give
           faith
           and
           credit
           to
           their
           Sentence
           ,
           and
           to
           allow
           it
           to
           be
           done
           according
           to
           the
           Ecclesiasticall
           Law
           :
           For
           
             cuilibet
             in
             sua
             arte
             perito
             est
             credendam
             .
          
           And
           this
           is
           the
           common
           received
           opinion
           of
           all
           our
           Books
           ,
           as
           appeareth
           11
           H.
           7.9
           .
           34
           H.
           6.14
           .
           &c.
           And
           in
           
             Bunting
             and
             Leppingwells
          
           Case
           ,
           in
           the
           part
           of
           
           my
           Reports
           .
           And
           this
           is
           the
           usual
           form
           of
           all
           the
           Sentences
           in
           their
           Ecclesiastical
           Courts
           .
           And
           this
           very
           Point
           ,
           Tr.
           23
           
             Reginae
             Eliz.
          
           in
           this
           Court
           ,
           between
           Cheyney
           and
           Frankwell
           ,
           all
           the
           matter
           being
           found
           ,
           as
           this
           Case
           is
           ,
           by
           speciall
           verdict
           ,
           was
           adjudged
           .
        
         
           As
           to
           the
           fourth
           Objection
           ,
           videlicet
           ,
           
           
             That
             the
             said
             Queen
             had
             onely
             power
             by
             force
             of
             the
             said
             Act
             to
             nominate
             Commissioners
             for
             Ecclesiasticall
             causes
             ,
             and
             therefore
             the
             foresaid
             Nomination
             not
             pursuing
             the
             authority
             given
             unto
             her
             by
             that
             Act
             should
             be
             void
             :
          
           Hereunto
           a
           threefold
           Answer
           was
           given
           ,
           and
           resolved
           by
           the
           whole
           Court.
           1.
           
           That
           they
           which
           were
           Commissioners
           ,
           and
           had
           places
           of
           Judicature
           over
           the
           King's
           subjects
           ,
           should
           be
           intended
           to
           be
           Subjects
           born
           ,
           and
           not
           Aliens
           :
           But
           if
           in
           veritie
           they
           were
           Aliens
           ,
           yet
           in
           respect
           of
           the
           general
           intendment
           to
           the
           contrary
           ,
           it
           ought
           to
           be
           alledged
           and
           proved
           by
           the
           other
           party
           .
           For
           
             Stabilitur
             praesumptum
             donec
             probetur
             in
             contrarium
             .
          
           2.
           
           The
           Jurors
           have
           found
           that
           the
           Queen
           by
           her
           said
           Letters
           Patents
           did
           authorize
           them
           
             secundum
             formam
             Statuti
             praedicti
          
           ;
           and
           therefore
           it
           doth
           by
           necessary
           consequence
           amount
           to
           as
           much
           as
           if
           they
           had
           found
           they
           had
           been
           Subjects
           born
           :
           For
           if
           they
           were
           not
           Subjects
           born
           ,
           they
           could
           not
           be
           authorized
           
             secundum
             formam
             Statuti
             praedicti
             .
             Vide
          
           11
           H.
           4.4
           .
           13
           
             Eliz.
             Dyer
             fol.
          
           And
           the
           rather
           ,
           for
           that
           this
           is
           found
           by
           special
           verdict
           .
           3.
           
           It
           was
           resolved
           ,
           That
           the
           said
           Act
           of
           the
           first
           year
           of
           the
           said
           Queen
           concerning
           Ecclesiastical
           Jurisdiction
           was
           not
           a
           Statute
           introductory
           of
           a
           new
           Law
           ,
           but
           declaratory
           of
           the
           old
           ,
           which
           appeareth
           as
           well
           by
           the
           Title
           of
           the
           said
           Act
           ,
           
             videlicet
             ,
             An
             Act
             restoring
             to
             the
             Crown
             the
             ancient
             Jurisdiction
             over
             the
             State
             Ecclesiastical
             and
             Spiritual
             ,
             &c.
          
           as
           also
           by
           the
           body
           of
           the
           Act
           in
           divers
           parts
           thereof
           .
           For
           that
           Act
           doth
           not
           annex
           any
           Jurisdiction
           to
           the
           Crown
           ,
           but
           that
           which
           in
           truth
           was
           ,
           or
           of
           right
           ought
           to
           be
           ,
           by
           the
           ancient
           Laws
           of
           the
           Realm
           parcell
           of
           the
           King's
           Jurisdiction
           ,
           and
           united
           to
           his
           Imperial
           Crown
           ,
           and
           which
           lawfully
           had
           been
           ,
           or
           might
           be
           ,
           exercised
           within
           the
           Realm
           .
           The
           end
           of
           which
           Jurisdiction
           ,
           and
           of
           all
           the
           proceeding
           thereupon
           ,
           was
           ,
           that
           all
           things
           might
           be
           done
           in
           causes
           Ecclesiasticall
           
           to
           the
           pleasure
           of
           almighty
           God
           ,
           the
           increase
           of
           vertue
           ,
           and
           the
           conservation
           of
           the
           peace
           and
           unity
           of
           this
           Realm
           ,
           as
           by
           divers
           parts
           of
           the
           said
           Act
           appeareth
           .
           And
           therefore
           as
           by
           that
           Act
           no
           pretended
           Jurisdiction
           exercised
           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
           restored
           to
           the
           same
           Crown
           ,
           according
           to
           the
           ancient
           right
           and
           Law
           of
           the
           same
           :
           So
           if
           that
           Act
           of
           the
           first
           year
           of
           the
           said
           Queen
           had
           never
           been
           made
           ,
           it
           was
           resolved
           by
           all
           the
           Judges
           ,
           that
           the
           King
           or
           Queen
           of
           England
           for
           the
           time
           being
           may
           make
           such
           an
           Ecclesiasticall
           Commission
           as
           is
           before
           mentioned
           by
           the
           ancient
           Prerogative
           and
           Law
           of
           England
           .
           And
           therefore
           by
           the
           ancient
           Laws
           of
           this
           Realm
           ,
           this
           Kingdome
           of
           England
           is
           an
           absolute
           Empire
           and
           Monarchy
           ,
           consisting
           of
           one
           Head
           ,
           which
           is
           the
           King
           ,
           and
           of
           a
           Body
           politick
           ,
           compact
           and
           compounded
           of
           many
           and
           almost
           infinite
           severall
           ,
           and
           yet
           well-agreeing
           ,
           members
           :
           All
           which
           the
           Law
           divideth
           into
           two
           several
           parts
           ,
           that
           is
           to
           say
           ,
           
             the
             Clergie
             ,
             and
             the
             Laietie
             ,
          
           both
           of
           them
           next
           and
           immediately
           under
           God
           subject
           and
           obedient
           to
           the
           Head.
           Also
           the
           Kingly
           Head
           of
           this
           politick
           Body
           is
           instituted
           and
           furnished
           with
           plenary
           and
           entire
           power
           ,
           Prerogative
           and
           Jurisdiction
           ,
           to
           render
           Justice
           and
           right
           to
           every
           part
           and
           member
           of
           this
           Body
           ,
           of
           what
           estate
           ,
           degree
           or
           calling
           soever
           ,
           in
           all
           Causes
           ,
           Ecclesiasticall
           or
           Temporal
           ;
           otherwise
           he
           should
           not
           be
           a
           Head
           of
           the
           whole
           Body
           .
           
           And
           as
           in
           Temporal
           causes
           ,
           the
           King
           by
           the
           mouth
           of
           the
           Judges
           in
           his
           Courts
           of
           Justice
           doth
           judge
           and
           determine
           the
           same
           by
           the
           temporal
           Laws
           of
           England
           :
           so
           in
           causes
           Ecclesiasticall
           and
           Spiritual
           ,
           as
           namely
           ,
           Blasphemy
           ,
           Apostasie
           from
           Christianity
           ,
           Heresies
           ,
           Schisms
           ,
           Ordering
           ,
           Admissions
           ,
           Institutions
           of
           Clerks
           ,
           Celebration
           of
           Divine
           service
           .
           Rights
           of
           Matrimony
           ,
           Divorces
           ,
           general
           Bastardy
           ,
           subtraction
           and
           right
           of
           Tithes
           ,
           Oblations
           ,
           Obventions
           ,
           Dilapidations
           ,
           Reparation
           of
           Churches
           ,
           Probate
           of
           Testaments
           ,
           Administrations
           ,
           and
           accounts
           upon
           the
           same
           ,
           Simony
           ,
           Incests
           ,
           Fornications
           ,
           Adulteries
           ,
           Solicitation
           of
           Chastity
           ,
           Pentions
           ,
           Procurations
           ,
           Appeals
           in
           Ecclesiasticall
           
           causes
           ,
           Commutation
           of
           penance
           ,
           and
           others
           ,
           (
           the
           conusance
           whereof
           belong
           not
           to
           the
           Common
           Laws
           of
           England
           )
           the
           same
           are
           to
           be
           determined
           and
           decided
           by
           Ecclesiasticall
           Judges
           ,
           according
           to
           the
           King
           's
           Ecclesiastical
           Laws
           of
           this
           Realm
           .
           For
           as
           the
           Romans
           ,
           fetching
           divers
           Laws
           from
           Athens
           ,
           yet
           being
           approved
           and
           allowed
           by
           the
           State
           there
           ,
           called
           them
           notwithstanding
           
             Jus
             Civile
             Romanorum
          
           ;
           and
           as
           the
           Normans
           ,
           borrowing
           all
           or
           most
           of
           their
           Laws
           from
           England
           ,
           yet
           baptized
           them
           by
           the
           name
           of
           the
           Laws
           or
           Customes
           of
           Normandy
           :
           So
           albeit
           the
           Kings
           of
           England
           derived
           their
           Ecclesiasticall
           Laws
           from
           others
           ,
           yet
           so
           many
           as
           were
           proved
           ,
           approved
           and
           allowed
           here
           ,
           by
           and
           with
           a
           general
           consent
           ,
           are
           aptly
           and
           rightly
           called
           
             The
             King
             's
             Ecclesiasticall
             Laws
             of
             England
          
           ;
           which
           whosoever
           shall
           deny
           ,
           he
           denieth
           that
           the
           King
           hath
           full
           and
           plenary
           power
           to
           deliver
           Justice
           in
           all
           causes
           to
           all
           his
           subjects
           ,
           or
           to
           punish
           all
           crimes
           and
           offences
           within
           his
           Kingdome
           ;
           for
           that
           ,
           as
           before
           it
           appeareth
           ,
           the
           deciding
           of
           matters
           so
           many
           ,
           and
           of
           so
           great
           importance
           ,
           are
           not
           within
           the
           conusance
           of
           the
           Common
           Laws
           :
           and
           consequently
           ,
           that
           the
           King
           is
           no
           compleat
           Monarch
           ,
           nor
           Head
           of
           the
           whole
           and
           entire
           Body
           of
           the
           Realm
           .
           But
           to
           confirm
           those
           that
           hold
           the
           truth
           ,
           to
           satisfy
           such
           as
           being
           not
           instructed
           know
           not
           the
           ancient
           and
           modern
           Laws
           and
           Customes
           of
           England
           ,
           every
           man
           being
           perswaded
           as
           he
           is
           taught
           ;
           these
           few
           demonstrative
           proofs
           out
           of
           the
           Laws
           of
           England
           ,
           in
           stead
           of
           many
           ,
           in
           order
           ,
           
             &
             serie
             temporum
          
           ,
           are
           here
           added
           .
        
         
           
             KEnulphus
             Rex
             ,
             &c.
             per
             Literas
             suas
             patentes
             ,
          
           
           
             consilio
             &
             consensu
             Episcoporum
             &
             Senatorum
             gentis
             suae
             ,
             largitus
             fuit
             Monasterio
             de
             Abnidon
             in
             Comitatu
             Bark
             ▪
             ac
             cuidam
             Ruchnio
             tune
             Abbati
             Monasterii
             ,
             &c.
             quandam
             ruris
             sui
             portionem
             ,
             id
             est
             ,
             quindecim
             Mansias
             ,
             in
             loco
             qui
             à
             Ruricelis
             tunc
             nuncupabatur
             Culnam
             ,
             cum
             omnibus
             utilitatibus
             ad
             eandem
             pertinentibus
             ,
             tam
             in
             magnis
             quam
             in
             modicis
             rebus
             ,
             in
             aeternam
             haereditatem
             .
             Et
             quod
             praedictus
             Ruchnius
             ,
             &c.
             ab
             omni
             Episcopali
             Jure
             in
             sempiternum
             esse
             quietus
             ,
          
           
           
             ut
             inhabitatores
             ejus
             nullius
             Episcopi
             aut
             suorum
             officialium
             jugo
             inde
             deprimantur
             ,
             sed
             in
             cunctis
             rerum
             eventibus
             &
             
             discussionibus
             causarum
             Abbatis
             Monasterii
             praedicti
             decreto
             subjiciantur
             .
             Ità
             quòd
             ,
             &c.
          
           As
           by
           the
           said
           Charter
           pleaded
           in
           1
           Henr.
           7.
           and
           vouched
           by
           Stamford
           ,
           at
           large
           appeareth
           :
           which
           Charter
           ,
           
           granted
           above
           850
           years
           fithence
           ,
           was
           after
           confirmed
           
             per
             Edwinum
             Britanniae
             Anglorum
             Regem
             &
             Monarcham
             .
          
           By
           which
           it
           appeareth
           that
           the
           King
           by
           his
           Charter
           made
           in
           Parliament
           (
           for
           it
           appeareth
           to
           be
           made
           by
           the
           counsell
           and
           consent
           of
           his
           Bishops
           and
           Senators
           of
           his
           Kingdome
           which
           were
           assembled
           in
           Parliament
           )
           did
           discharge
           and
           exempt
           the
           said
           Abbot
           from
           the
           Jurisdiction
           of
           the
           Bishop
           ,
           &c.
           and
           by
           the
           same
           Charter
           did
           grant
           to
           the
           said
           Abbot
           Ecclesiasticall
           Jurisdiction
           within
           his
           said
           Abbey
           :
           which
           Ecclesiasticall
           Jurisdiction
           being
           derived
           from
           the
           Crown
           ,
           continued
           untill
           the
           Dissolution
           of
           the
           said
           Abbey
           in
           the
           Reign
           of
           King
           Henry
           the
           Eighth
           .
        
         
           
             In
             the
             Reign
             of
             King
             Edward
             the
             Confessor
             .
          
           
             THe
             King
             ,
             
             who
             is
             the
             Vicar
             of
             the
             Highest
             King
             ,
             is
             ordained
             to
             this
             end
             ,
             that
             he
             should
             govern
             and
             rule
             the
             Kingdome
             and
             people
             of
             the
             Land
             ,
             and
             above
             all
             things
             the
             Holy
             Church
             ,
             and
             that
             he
             defend
             the
             same
             from
             wrong-doers
             ,
             and
             destroy
             and
             root
             out
             workers
             of
             mischief
             .
             And
             this
             shall
             suffice
             for
             many
             before
             the
             Conquest
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             William
             the
             First
             .
          
           
             
             IT
             is
             agreed
             that
             no
             man
             can
             make
             any
             Appropriation
             of
             any
             Church
             having
             Cure
             of
             Souls
             ,
             being
             a
             thing
             Ecclesiastical
             ,
             and
             to
             be
             made
             to
             some
             person
             Ecclesiastical
             ,
             but
             he
             that
             hath
             Ecclesiastical
             Jurisdiction
             :
             But
             William
             the
             First
             ,
             of
             himself
             ,
             without
             any
             other
             ,
             (
             as
             King
             of
             England
             ,
             )
             made
             Appropriation
             of
             Churches
             with
             Cure
             to
             Ecclesiastical
             persons
             :
             Wherefore
             it
             followeth
             that
             he
             had
             Ecclesiasticall
             Jurisdiction
             .
          
        
         
           
           
             In
             the
             Reign
             of
             King
             Henry
             the
             First
             .
          
           
             HEnry
             by
             the
             Grace
             of
             God
             King
             of
             England
             ,
             
             Duke
             of
             Normans
             ,
             To
             all
             Archbishops
             ,
             Bishops
             ,
             Abbots
             ,
             Earls
             ,
             Barons
             ,
             and
             to
             all
             Christians
             as
             well
             present
             as
             to
             come
             ,
             &c.
             
             We
             do
             ordain
             ,
             as
             well
             in
             regard
             of
             Ecclesiasticall
             as
             Royall
             power
             ,
             that
             whensoever
             the
             Abbot
             of
             Reading
             shall
             die
             ,
             that
             all
             the
             possession
             of
             the
             Monastery
             ,
             wheresoever
             it
             is
             ,
             do
             remain
             entire
             and
             free
             ,
             with
             all
             the
             rights
             and
             customs
             thereof
             ,
             in
             the
             hands
             and
             disposition
             of
             the
             Prior
             and
             Monks
             of
             the
             Chapter
             of
             Reading
             .
             We
             do
             therefore
             ordain
             and
             establish
             this
             Ordinance
             to
             be
             observed
             for
             ever
             :
             because
             the
             Abbot
             of
             Reading
             hath
             no
             Revenues
             proper
             and
             peculiar
             to
             himself
             ,
             but
             common
             with
             his
             brethren
             ;
             whosoever
             by
             God's
             will
             shall
             be
             appointed
             Abbot
             in
             this
             place
             by
             Canonicall
             election
             ,
             may
             not
             dispend
             the
             Alms
             of
             the
             Abbey
             by
             ill
             usage
             with
             his
             secular
             kinsmen
             ,
             or
             any
             other
             ,
             but
             in
             entertaining
             the
             poor
             Pilgrims
             and
             Strangers
             ,
             and
             that
             he
             have
             a
             care
             not
             to
             give
             out
             the
             Rent-lands
             in
             fee
             ,
             neither
             that
             he
             make
             any
             Servitors
             or
             Souldiers
             but
             in
             the
             Sacred
             garment
             of
             Christ
             ;
             wherein
             let
             him
             be
             advisedly
             provident
             he
             entertain
             not
             young
             ones
             ,
             but
             that
             he
             entertain
             men
             of
             ripe
             age
             or
             discreet
             ,
             as
             well
             Clerks
             as
             Lay-men
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             Henry
             the
             Third
             .
          
           
             IN
             all
             the
             time
             of
             H.
             3.
             and
             his
             Progenitors
             Kings
             of
             England
             ,
             and
             ever
             fithence
             ,
             
             if
             any
             man
             did
             sue
             afore
             any
             Judge
             Ecclesiasticall
             within
             the
             Realm
             for
             any
             thing
             whereof
             that
             Court
             by
             allowance
             and
             custome
             had
             not
             lawful
             conusance
             ,
             the
             King
             did
             ever
             by
             his
             Writ
             under
             his
             great
             Seal
             prohibit
             them
             to
             proceed
             :
             And
             if
             the
             suggestion
             made
             to
             the
             King
             ,
             whereupon
             the
             Prohibition
             was
             grounded
             ,
             were
             after
             found
             untrue
             ,
             then
             the
             King
             by
             his
             Writ
             of
             Consultation
             under
             his
             great
             Seal
             did
             allow
             and
             permit
             
             them
             to
             proceed
             .
             Also
             ,
             in
             all
             the
             Reign
             of
             H.
             3.
             and
             his
             Progenitors
             King
             of
             England
             ,
             and
             ever
             fithence
             ,
             if
             any
             issue
             were
             joyned
             ●pon
             the
             loyalty
             of
             Marriage
             ,
             general
             Bastardy
             ,
             or
             such
             like
             ,
             the
             King
             did
             ever
             write
             to
             the
             Bishop
             of
             that
             Diocese
             ,
             as
             mediate
             Officer
             and
             Minister
             to
             his
             Court
             ,
             to
             certifie
             the
             loyalty
             of
             Marriage
             ,
             Bastardy
             ,
             or
             such
             like
             :
             all
             which
             do
             apparently
             prove
             ,
             that
             those
             Ecclesiastical
             Courts
             were
             under
             the
             King's
             Jurisdiction
             and
             commandment
             ;
             and
             that
             one
             of
             the
             Courts
             wure
             so
             necessarily
             incident
             to
             the
             other
             ,
             as
             the
             one
             without
             the
             other
             could
             not
             deliver
             Justice
             to
             the
             parties
             ,
             as
             well
             in
             these
             particular
             cases
             ,
             as
             in
             a
             number
             of
             cases
             before
             specified
             ,
             whereof
             the
             King
             's
             Ecclesiasticall
             Court
             hath
             Jurisdiction
             .
             Now
             to
             command
             and
             to
             be
             obeyed
             belong
             to
             Sovereign
             and
             Supreme
             Government
             .
          
           
             By
             the
             ancient
             Canons
             and
             Decrees
             of
             the
             Church
             of
             Rome
             ,
             the
             issue
             born
             before
             solemnization
             of
             marriage
             is
             as
             lawfully
             inheritable
             (
             marriage
             following
             )
             as
             the
             issue
             born
             after
             marriage
             :
             But
             this
             was
             never
             allowed
             or
             appointed
             in
             England
             ,
             and
             therefore
             was
             never
             of
             any
             force
             here
             .
             And
             this
             appeareth
             by
             the
             Statute
             of
             Merton
             ,
             
             made
             in
             the
             20.
             year
             of
             King
             Henry
             the
             3.
             
          
           
             To
             the
             King
             's
             Writ
             of
             Bastardy
             ,
             whether
             one
             being
             born
             afore
             matrimony
             may
             inherit
             in
             like
             manner
             as
             he
             that
             is
             born
             after
             matrimony
             ,
             all
             the
             Bishops
             answered
             ,
             that
             they
             would
             not
             nor
             could
             not
             answer
             to
             it
             ,
             because
             it
             was
             directly
             against
             the
             common
             order
             of
             the
             Church
             .
             And
             all
             the
             Bishops
             instanted
             the
             Lords
             ,
             that
             they
             would
             consent
             ,
             that
             all
             such
             as
             were
             born
             afore
             matrimony
             should
             be
             legitimate
             ,
             as
             well
             as
             they
             that
             be
             born
             within
             matrimony
             ,
             as
             to
             the
             succession
             of
             inheritance
             ,
             forsomuch
             as
             the
             Church
             accepteth
             such
             to
             be
             legitimate
             .
             And
             all
             the
             Earls
             and
             Barons
             with
             one
             voice
             answered
             ,
             We
             will
             not
             change
             the
             Laws
             of
             England
             which
             hitherto
             have
             been
             used
             and
             approved
             .
          
        
         
           
           
             In
             the
             Reign
             of
             King
             Edward
             the
             First
             .
          
           
             IN
             the
             Reign
             of
             King
             Edward
             the
             First
             ,
             
             a
             Subject
             brought
             in
             a
             Bull
             of
             Excommunication
             against
             another
             Subject
             of
             this
             Realm
             ,
             and
             published
             it
             to
             the
             Lord
             Treasurer
             of
             England
             :
             and
             this
             was
             by
             the
             ancient
             Common
             Law
             of
             England
             adjudged
             Treason
             against
             the
             King
             ,
             his
             Crown
             and
             Dignity
             ;
             for
             the
             which
             the
             offendor
             should
             have
             been
             drawn
             and
             hanged
             ,
             but
             at
             the
             great
             instance
             of
             the
             Chancellour
             and
             Treasurer
             he
             was
             onely
             abjured
             the
             Realm
             for
             ever
             .
          
           
             The
             said
             King
             Edward
             the
             1.
             presented
             his
             Clerk
             to
             a
             Benefice
             within
             the
             Province
             of
             York
             ,
             who
             was
             refused
             by
             the
             Archbishop
             ,
             for
             that
             the
             Pope
             by
             way
             of
             Provision
             had
             conferred
             it
             on
             another
             .
             The
             King
             thereupon
             brought
             a
             
               Quare
               non
               admisit
            
             .
             The
             Archbishop
             pleaded
             that
             the
             Bishop
             of
             Rome
             had
             long
             time
             before
             provided
             to
             the
             said
             Church
             ,
             as
             one
             having
             supreme
             Authority
             in
             that
             case
             ,
             and
             that
             he
             durst
             not
             nor
             had
             power
             to
             put
             him
             out
             ,
             which
             was
             by
             the
             Pope's
             Bull
             in
             possession
             .
             For
             which
             his
             high
             Contempt
             against
             the
             King
             ,
             his
             Crown
             and
             Dignity
             ,
             in
             refusing
             to
             execute
             his
             Sovereign's
             Commandment
             ,
             fearing
             to
             doe
             it
             against
             the
             Pope's
             Provision
             ,
             by
             judgement
             of
             the
             Common
             Law
             the
             Lands
             of
             his
             whole
             Bishoprick
             were
             seized
             into
             the
             King's
             hands
             ,
             and
             lost
             during
             his
             life
             .
             
             Which
             Judgement
             was
             before
             any
             Statute
             or
             Act
             of
             Parliament
             was
             made
             in
             that
             case
             .
             And
             there
             it
             is
             said
             ,
             that
             for
             the
             like
             offence
             the
             Archbishop
             of
             Canterbury
             had
             been
             in
             worse
             case
             by
             the
             judgement
             of
             the
             Sages
             of
             the
             Law
             ,
             then
             to
             be
             punished
             for
             a
             Contempt
             ,
             if
             the
             King
             had
             not
             extended
             grace
             and
             favour
             to
             him
             .
             
          
           
             Concerning
             men
             twice
             married
             ,
             (
             called
             Bigamy
             )
             whom
             the
             Bishop
             of
             Rome
             by
             a
             Constitution
             made
             at
             the
             Council
             of
             Lions
             hath
             excluded
             from
             all
             priviledge
             of
             Clergy
             ,
             whereupon
             certain
             Prelates
             (
             when
             such
             persons
             have
             been
             attainted
             for
             Felons
             )
             have
             prayed
             for
             to
             have
             them
             delivered
             as
             Clerks
             which
             were
             made
             Bigamy
             before
             the
             same
             Constitution
             ;
             
             It
             is
             agreed
             and
             declared
             before
             the
             King
             and
             his
             Council
             ,
             that
             the
             same
             Constitution
             shall
             be
             understood
             in
             this
             wise
             ,
             That
             whether
             they
             were
             Bigamy
             before
             the
             same
             Constitution
             or
             after
             ,
             they
             shall
             not
             from
             henceforth
             be
             delivered
             to
             the
             Prelates
             ,
             but
             Justice
             shall
             be
             executed
             upon
             them
             as
             upon
             other
             Lay
             people
             .
          
           
             In
             an
             Act
             made
             at
             a
             Parliament
             holden
             at
             Carlile
             in
             the
             25.
             year
             of
             the
             said
             King
             Ed.
             the
             First
             ,
             
             it
             is
             declared
             ,
             That
             the
             Holy
             Church
             of
             England
             was
             founded
             in
             the
             state
             of
             Prelacy
             within
             this
             Realm
             of
             England
             by
             the
             King
             and
             his
             Progenitors
             ,
             &c.
             for
             them
             to
             inform
             the
             people
             in
             the
             Law
             of
             God
             ,
             and
             to
             keep
             Hospitality
             ,
             give
             Alms
             ,
             and
             doe
             other
             works
             of
             Charity
             ,
             &c.
             
             And
             the
             said
             Kings
             in
             times
             past
             were
             wont
             to
             have
             the
             Advice
             and
             Counsel
             ,
             for
             the
             safeguard
             of
             the
             Realm
             ,
             when
             they
             had
             need
             ,
             of
             such
             Prelates
             The
             and
             Clerks
             so
             advanced
             .
             
             The
             Bishop
             of
             Rome
             ,
             usurping
             the
             Seigniories
             of
             such
             Benefices
             ,
             did
             give
             and
             grant
             the
             same
             Benefices
             to
             Aliens
             which
             did
             never
             dwell
             in
             England
             ,
             and
             to
             Cardinals
             which
             might
             not
             dwell
             here
             ,
             &c.
             in
             adnullation
             of
             the
             state
             of
             the
             Holy
             Church
             of
             England
             ,
             disherison
             of
             the
             King
             ,
             Earls
             ,
             Barons
             and
             other
             Nobles
             of
             the
             Realm
             ,
             and
             in
             offence
             and
             destruction
             of
             the
             Laws
             and
             Rites
             of
             this
             Realm
             ,
             and
             against
             the
             good
             disposition
             and
             will
             of
             the
             first
             Founders
             .
             It
             was
             enacted
             by
             the
             King
             ,
             by
             assent
             of
             all
             the
             Lords
             and
             Comminalty
             in
             full
             Parliament
             ,
             That
             the
             said
             Oppressions
             ,
             Grievances
             and
             Dammages
             in
             this
             Realm
             from
             thenceforth
             should
             not
             be
             suffered
             ,
             as
             more
             at
             large
             appeareth
             by
             that
             Act.
             
          
        
         
           
             In
             the
             Reign
             of
             King
             Edward
             the
             Second
             .
          
           
             
             ALbeit
             by
             the
             Ordinance
             of
             
               Circumspectè
               agatis
            
             ,
             made
             in
             the
             13.
             year
             of
             Edw.
             1.
             and
             by
             general
             allowance
             and
             usage
             ,
             the
             Ecclesiasticall
             Court
             held
             plea
             of
             Tithes
             ,
             Obventions
             ,
             Oblations
             ,
             Mortuaries
             ,
             Redemptions
             of
             penance
             ,
             Laying
             of
             violent
             hands
             upon
             a
             Clerk
             ,
             Defamations
             ,
             &c.
             yet
             did
             not
             the
             Clergy
             think
             themselves
             ,
             assured
             nor
             
             quiet
             from
             Prohibitions
             purchased
             by
             Subjects
             ,
             
             untill
             that
             King
             Edw.
             the
             2.
             by
             his
             Letters
             Patents
             under
             the
             great
             Seal
             ,
             in
             and
             by
             consent
             of
             Parliament
             ,
             upon
             the
             Petitions
             of
             the
             Clergy
             ,
             had
             granted
             unto
             them
             to
             have
             Jurisdiction
             in
             those
             cases
             .
             The
             King
             in
             a
             Parliament
             holden
             in
             the
             9.
             year
             of
             his
             Reign
             ,
             after
             particular
             Answers
             made
             to
             their
             Petitions
             concerning
             the
             matters
             abovesaid
             ,
             doth
             grant
             and
             give
             his
             Royall
             Assent
             in
             these
             words
             .
          
           
             
               We
               desiring
               as
               much
               as
               of
               right
               we
               may
               to
               provide
               for
               the
               state
               of
               the
               Church
               of
               England
               ,
               and
               the
               tranquillity
               and
               quiet
               of
               the
               Prelates
               of
               the
               said
               Clergy
               ,
               to
               the
               honour
               of
               God
               ,
               and
               the
               amendment
               of
               the
               state
               of
               the
               said
               Church
               ,
               and
               of
               the
               Prelates
               and
               Clergy
               ,
               ratifying
               and
               approving
               all
               and
               singular
               the
               said
               Answers
               which
               appear
               in
               the
               said
               Act
               ,
               and
               all
               and
               singular
               things
               in
               the
               said
               Answers
               contained
               ,
               We
               do
               for
               us
               and
               our
               Heirs
               ,
               grant
               and
               command
               that
               the
               same
               be
               inviolably
               kept
               for
               ever
               :
               Willing
               and
               granting
               for
               us
               and
               our
               Heirs
               ,
               That
               the
               said
               Prelates
               and
               Clergy
               ,
               and
               their
               Successors
               for
               ever
               ,
               do
               exercise
               Ecclesiasticall
               Jurisdiction
               in
               the
               premisses
               according
               to
               the
               tenour
               of
               the
               said
               Answer
               .
            
          
        
         
           
             In
             the
             Reign
             of
             King
             Edward
             the
             Third
             .
          
           
             AN
             Excommunication
             by
             the
             Archbishop
             ,
             albeit
             it
             be
             disannulled
             by
             the
             Pope
             or
             his
             Legates
             ,
             
             is
             to
             be
             allowed
             ;
             neither
             ought
             the
             Judges
             to
             give
             any
             allowance
             of
             any
             such
             Sentence
             of
             the
             Pope
             or
             his
             Legate
             .
             
          
           
             It
             is
             often
             resolved
             that
             all
             the
             Bishopricks
             within
             England
             were
             founded
             by
             the
             King's
             Progenitors
             ,
             and
             therefore
             the
             Advowsons
             of
             them
             all
             belong
             to
             the
             King
             ,
             and
             at
             the
             first
             they
             were
             donative
             .
             And
             that
             if
             an
             Incumbent
             of
             any
             Church
             with
             Cure
             die
             ,
             if
             the
             Patron
             present
             not
             within
             6
             months
             ,
             the
             Bishop
             of
             that
             Diocese
             ought
             to
             collate
             ,
             to
             the
             end
             the
             Cure
             may
             not
             be
             destitute
             of
             a
             Pastor
             :
             If
             he
             be
             negligent
             by
             the
             space
             of
             6
             months
             ,
             the
             Metropolitan
             of
             that
             Diocese
             shall
             confer
             one
             to
             that
             Church
             :
             And
             if
             he
             also
             
             leave
             the
             Church
             destitute
             by
             the
             space
             of
             6
             months
             ,
             then
             the
             Common
             Law
             giveth
             to
             the
             King
             ,
             as
             to
             the
             Supreme
             within
             his
             own
             Kingdome
             ,
             and
             not
             to
             the
             Bishop
             of
             Rome
             ,
             power
             to
             provide
             a
             competent
             Pastor
             for
             that
             Church
             .
          
           
             
             The
             King
             may
             not
             onely
             exempt
             any
             Ecclesiasticall
             person
             from
             the
             Jurisdiction
             of
             the
             Ordinary
             ,
             but
             may
             grant
             unto
             him
             Episcopal
             Jurisdiction
             .
             As
             thus
             it
             appeareth
             there
             the
             King
             had
             done
             of
             ancient
             time
             to
             the
             Archdeacon
             of
             Richmond
             .
          
           
             
             All
             Religious
             or
             Ecclesiasticall
             Houses
             whereof
             the
             King
             was
             Founder
             are
             by
             the
             King
             exempt
             from
             ordinary
             Jurisdiction
             ,
             and
             onely
             visitable
             and
             corrigible
             by
             the
             King
             's
             Ecclesiasticall
             Commission
             .
          
           
             The
             Abbot
             of
             Bury
             in
             Suffolk
             was
             exempted
             fron
             Episcopall
             Jurisdiction
             by
             the
             King's
             Charter
             .
          
           
             The
             King
             presented
             to
             a
             Benefice
             ,
             and
             his
             Presentee
             was
             disturbed
             by
             one
             that
             had
             obtained
             Bulls
             from
             Rome
             ;
             for
             which
             offence
             he
             was
             condemned
             to
             perpetuall
             imprisonment
             ,
             &c.
             
          
           
             
             Tithes
             arising
             in
             places
             out
             of
             any
             Parish
             the
             King
             shall
             have
             ,
             for
             that
             he
             ,
             having
             the
             Supreme
             Ecclesiasticall
             Jurisdiction
             ,
             is
             bound
             to
             provide
             a
             sufficient
             Pastor
             that
             shall
             have
             the
             Cure
             of
             souls
             of
             that
             place
             which
             is
             not
             within
             any
             Parish
             .
             And
             by
             the
             Common
             Laws
             of
             England
             it
             is
             evident
             that
             no
             man
             ,
             unlesse
             he
             be
             Ecclesiasticall
             ,
             or
             have
             Ecclesiasticall
             Jurisdiction
             ,
             can
             have
             inheritance
             of
             Tithes
             .
          
           
             
             The
             King
             shall
             present
             to
             his
             free
             Chappels
             (
             in
             default
             of
             the
             Dean
             )
             by
             Lapse
             in
             respect
             of
             his
             Supreme
             Ecclesiasticall
             Jurisdiction
             .
             And
             Fitzherbert
             saith
             ,
             that
             the
             King
             in
             that
             case
             doth
             present
             by
             Lapse
             as
             Ordinarie
             .
          
           
             
             An
             Excommunication
             under
             the
             Pope's
             Bull
             is
             of
             no
             force
             to
             disable
             any
             man
             within
             England
             :
             And
             the
             Judges
             said
             ,
             that
             he
             that
             pleadeth
             such
             Bulls
             ,
             though
             they
             concern
             the
             Excommunication
             of
             a
             Subject
             ,
             were
             in
             a
             hard
             case
             ,
             if
             the
             King
             would
             extend
             his
             justice
             against
             him
             .
             If
             Excommunication
             ,
             being
             ,
             the
             extreme
             and
             final
             end
             of
             any
             Suit
             in
             the
             Court
             at
             Rome
             ,
             be
             not
             to
             be
             allowed
             within
             England
             ,
             it
             
             consequently
             followeth
             ,
             
             that
             by
             the
             ancient
             Common
             Laws
             of
             England
             ,
             no
             Suit
             for
             any
             Cause
             ,
             though
             it
             be
             spiritual
             ,
             rising
             within
             this
             Realm
             ,
             ought
             to
             be
             determined
             in
             the
             Court
             of
             
               Rome
               ,
               Quia
               frustrà
               expectatur
               eventus
               ,
               cujus
               effectus
               nullus
               sequitur
               :
            
             And
             that
             the
             Bishops
             of
             England
             are
             the
             immediate
             Officers
             and
             Ministers
             to
             the
             King's
             Courts
             .
          
           
             In
             an
             Attachment
             upon
             a
             Prohibition
             ,
             the
             Defendant
             pleaded
             the
             Pope's
             Bull
             of
             Excommunication
             of
             the
             Plaintif
             .
             The
             Judges
             demanded
             of
             the
             Defendant
             ,
             
             if
             he
             had
             not
             the
             Certificate
             of
             some
             Bishop
             within
             the
             Realm
             testifying
             this
             Excommunication
             .
             To
             whom
             the
             Counsell
             of
             the
             Defendant
             answered
             ,
             that
             he
             had
             not
             ,
             neither
             was
             it
             as
             they
             supposed
             necessarie
             ;
             for
             that
             the
             Bulls
             of
             the
             Pope
             under
             Lead
             were
             notorious
             enough
             .
             But
             it
             was
             adjudged
             that
             they
             were
             not
             sufficiet
             ,
             for
             that
             the
             Court
             ought
             not
             to
             ave
             regard
             to
             any
             Excommunication
             out
             of
             he
             Realm
             :
             And
             therefore
             by
             the
             rule
             of
             the
             Court
             the
             Plaintif
             was
             not
             thereby
             disabled
             .
             
          
           
             Reges
             sacro
             oleo
             uncti
             sunt
             Spiritualis
             Jurisdictionis
             capaces
             .
          
           
             Where
             a
             Prior
             is
             the
             King's
             debtor
             ,
             and
             ought
             to
             have
             Tithes
             of
             another
             Spiritual
             person
             ,
             he
             may
             chuse
             either
             to
             sue
             for
             subtraction
             of
             his
             Tithes
             in
             the
             Ecclesiastical
             Court
             ,
             or
             in
             the
             Exchequer
             ,
             and
             yet
             the
             persons
             and
             matter
             also
             were
             Ecclesiastical
             .
             For
             seeing
             the
             matter
             by
             a
             mean
             concerneth
             the
             King
             ,
             he
             may
             sue
             for
             them
             in
             the
             Exchequer
             as
             well
             as
             in
             the
             Ecclesiastical
             Court
             ,
             and
             there
             shall
             the
             right
             of
             Tithes
             be
             determined
             .
             And
             Fitzherbert
             in
             his
             
               Nabre
               .
               fol.
            
             30.
             holdeth
             ,
             that
             before
             the
             Statute
             of
             18
             E.
             3.
             cap.
             7.
             right
             of
             Tithes
             were
             determinable
             at
             the
             Temporal
             Courts
             at
             the
             election
             of
             the
             party
             ;
             and
             by
             that
             Statute
             assigned
             to
             be
             determined
             in
             the
             Ecclesiastical
             Court
             ,
             and
             the
             Temporal
             Court
             excluded
             thereof
             .
             And
             the
             Courts
             of
             divers
             Mannors
             of
             the
             King
             's
             ,
             
             and
             of
             other
             Lords
             ,
             in
             ancient
             times
             had
             the
             Probates
             of
             last
             Wills
             and
             Testaments
             .
             And
             it
             appeareth
             by
             11
             H.
             7.
             fol.
             12.
             that
             Probate
             of
             Testaments
             did
             not
             appertain
             to
             the
             Ecclesiasticall
             Court
             ,
             but
             that
             of
             late
             time
             they
             were
             determinable
             there
             .
             So
             as
             of
             such
             Causes
             ,
             and
             in
             such
             manner
             as
             the
             Kings
             of
             
             the
             Realm
             by
             general
             consent
             and
             allowance
             have
             assigned
             to
             their
             Ecclesiasticall
             Courts
             ,
             they
             have
             Jurisdiction
             by
             force
             of
             such
             allowance
             .
          
           
             
             The
             King
             did
             by
             his
             Charter
             translate
             Canons
             Secular
             into
             Regular
             and
             Religious
             persons
             ,
             which
             he
             did
             by
             his
             Ecclesiasticall
             Jurisdiction
             ,
             and
             could
             not
             doe
             it
             unlesse
             he
             had
             Jurisdiction
             Ecclesiasticall
             .
          
           
             The
             Abbot
             of
             Waltham
             died
             in
             the
             45.
             year
             of
             E.
             3.
             and
             one
             
               Nicholas
               Morris
            
             was
             elected
             Abbot
             ,
             
             who
             ,
             for
             that
             the
             Abbey
             was
             exempt
             from
             ordinary
             Jurisdiction
             ,
             sent
             to
             Rome
             to
             be
             confirmed
             by
             the
             Pope
             :
             And
             because
             the
             Pope
             by
             his
             Constitutions
             had
             reserved
             all
             such
             Collations
             to
             himself
             ,
             he
             did
             recite
             by
             his
             Bull
             ,
             that
             he
             ,
             having
             no
             regard
             to
             the
             Election
             of
             the
             said
             Nicholas
             ,
             gave
             to
             him
             the
             said
             Abbey
             ,
             and
             the
             Spiritualties
             and
             Temporalties
             belonging
             to
             the
             same
             ,
             of
             his
             spirituall
             grace
             ,
             and
             at
             the
             request
             (
             as
             he
             feigned
             )
             of
             the
             King
             of
             England
             .
             This
             Bull
             was
             read
             and
             considered
             of
             in
             Councill
             ,
             that
             is
             ,
             before
             all
             the
             Judges
             of
             England
             :
             and
             it
             was
             resolved
             by
             them
             all
             ,
             that
             this
             Bull
             was
             against
             the
             Laws
             of
             England
             ,
             and
             that
             the
             Abbot
             for
             obtaining
             the
             same
             was
             fallen
             into
             the
             King's
             mercy
             :
             whereupon
             all
             his
             possessions
             were
             seised
             into
             the
             King's
             hands
             ,
             as
             more
             at
             large
             by
             the
             said
             Case
             appeareth
             .
          
           
             
             Where
             the
             Abbot
             of
             Westminster
             had
             a
             Prior
             and
             Convent
             who
             were
             Regular
             and
             mort
             in
             law
             ,
             yet
             the
             King
             by
             his
             Charter
             did
             divide
             that
             Corporation
             ,
             and
             made
             the
             Prior
             and
             Convent
             a
             distinct
             and
             capable
             Body
             to
             sue
             and
             be
             sued
             by
             themselves
             .
          
           
             
             At
             a
             Parliament
             holden
             in
             the
             25.
             year
             of
             King
             Edward
             the
             Third
             ,
             it
             was
             enacted
             by
             consent
             of
             the
             whole
             Parliament
             ,
             That
             as
             well
             they
             that
             obtained
             Provisions
             from
             Rome
             ,
             as
             they
             that
             put
             them
             in
             execution
             ,
             should
             be
             out
             of
             the
             King's
             protection
             ;
             and
             that
             a
             man
             might
             doe
             with
             them
             as
             with
             the
             enemies
             of
             the
             King
             ;
             And
             he
             that
             offendeth
             against
             such
             Provisors
             in
             body
             ,
             goods
             ,
             or
             other
             possessions
             ,
             should
             be
             excused
             against
             all
             people
             ,
             and
             should
             never
             be
             impeached
             or
             grieved
             for
             the
             same
             .
             By
             which
             Law
             every
             man
             might
             lawfully
             kill
             such
             an
             Offendor
             ,
             as
             a
             common
             
             enemy
             against
             the
             King
             and
             his
             Countrey
             ,
             so
             hainous
             were
             such
             offences
             then
             holden
             .
          
           
             Afterwards
             ,
             
             in
             the
             same
             25.
             year
             of
             King
             Edward
             the
             Third
             ,
             it
             was
             in
             open
             Parliament
             by
             the
             grievous
             complaints
             of
             all
             the
             Commons
             of
             this
             Realm
             shewed
             ,
             that
             the
             Grievances
             and
             Mischiefs
             aforesaid
             did
             daily
             abound
             ,
             to
             the
             great
             dammage
             and
             destruction
             of
             all
             this
             Realm
             ,
             more
             then
             ever
             before
             ,
             viz.
             That
             of
             late
             the
             Bishop
             of
             Rome
             ,
             by
             procurement
             of
             Clerks
             and
             otherwise
             ,
             had
             reserved
             and
             did
             daily
             reserve
             to
             his
             Collation
             ,
             generally
             and
             specially
             ,
             as
             well
             Archbishopricks
             ,
             Abbies
             and
             Priories
             ,
             as
             all
             other
             Dignities
             and
             other
             Benefices
             of
             England
             ,
             which
             were
             of
             the
             Advowrie
             of
             people
             of
             Holy
             Church
             ,
             and
             gave
             the
             same
             as
             well
             to
             Aliens
             as
             to
             Natives
             ,
             and
             did
             take
             of
             all
             such
             Benefices
             the
             First-fruits
             ,
             and
             many
             other
             Profits
             ;
             and
             a
             great
             part
             of
             the
             Treasure
             of
             the
             Realm
             was
             carried
             away
             and
             dispended
             out
             of
             the
             Realm
             by
             the
             purchasors
             of
             such
             graces
             :
             and
             also
             by
             such
             privy
             Reservations
             ,
             many
             Clerks
             ,
             advanced
             in
             the
             Realm
             by
             their
             true
             Patrons
             ,
             which
             peaceably
             had
             holden
             their
             Advancements
             by
             long
             time
             ,
             were
             suddenly
             put
             out
             .
             Whereupon
             the
             said
             Commons
             did
             pray
             their
             said
             Sovereign
             Lord
             the
             King
             ,
             
             that
             fithence
             the
             right
             of
             the
             Crown
             of
             England
             and
             the
             Law
             of
             the
             said
             Realm
             was
             such
             ,
             that
             upon
             the
             mischiefs
             and
             dammages
             which
             happened
             to
             his
             Realm
             ,
             he
             ought
             and
             was
             bound
             of
             the
             accord
             of
             his
             said
             people
             thereof
             to
             provide
             remedie
             and
             law
             ,
             for
             the
             avoiding
             the
             mischiefs
             and
             dammage
             which
             thereof
             came
             ,
             That
             it
             might
             please
             him
             thereupon
             to
             ordain
             remedy
             .
             The
             said
             King
             Ed.
             the
             3.
             seeing
             the
             mischiefs
             and
             dammage
             before
             named
             ,
             and
             having
             regard
             to
             the
             Statute
             made
             in
             the
             time
             of
             his
             Grandfather
             King
             Ed.
             1.
             and
             to
             the
             causes
             contained
             in
             the
             same
             ,
             which
             Statute
             holdeth
             always
             his
             force
             ,
             
             and
             was
             never
             defeated
             nor
             adnulled
             in
             any
             point
             ;
             and
             forasmuch
             as
             he
             was
             bound
             by
             his
             Oath
             to
             see
             the
             same
             to
             be
             kept
             as
             a
             Law
             of
             this
             Realm
             ,
             though
             that
             by
             sufferance
             and
             negligence
             it
             had
             been
             fithence
             attempted
             to
             the
             contrary
             ;
             also
             having
             regard
             to
             the
             grievous
             complaints
             made
             to
             him
             by
             his
             people
             in
             divers
             his
             Parliaments
             holden
             heretofore
             ,
             willing
             to
             ordain
             remedy
             for
             the
             great
             dammage
             and
             mischiefs
             which
             
             had
             happened
             ,
             and
             daily
             did
             happen
             ,
             to
             the
             Church
             of
             England
             by
             the
             said
             cause
             ;
             by
             the
             assent
             of
             all
             the
             Great
             men
             and
             the
             Commonalty
             of
             the
             said
             Realm
             ,
             to
             the
             honour
             of
             God
             ,
             and
             profit
             of
             the
             said
             Church
             of
             England
             ,
             and
             of
             all
             his
             Realm
             ,
             did
             order
             and
             establish
             ,
             That
             the
             free
             Election
             of
             Archbishops
             ,
             
             Bishops
             ,
             and
             all
             other
             Dignities
             and
             Benefices
             electory
             in
             England
             ,
             should
             hold
             from
             thenceforth
             in
             the
             manner
             as
             they
             were
             granted
             by
             the
             King's
             Progenitors
             ,
             and
             founded
             by
             the
             Ancestors
             of
             other
             Lords
             :
             And
             that
             all
             Prelates
             ,
             and
             other
             people
             of
             Holy
             Church
             ,
             which
             had
             Advowsons
             of
             any
             Benefices
             of
             the
             King's
             gift
             ,
             or
             of
             any
             of
             his
             Progenitors
             ,
             or
             of
             other
             Lords
             and
             Donors
             ,
             to
             doe
             Divine
             Service
             and
             other
             charges
             thereto
             pertaining
             ,
             should
             have
             their
             Collations
             and
             Presentments
             freely
             ,
             in
             the
             manner
             as
             they
             were
             infeoffed
             by
             their
             Donors
             :
             And
             in
             case
             that
             Reservation
             ,
             Collation
             or
             Provision
             be
             made
             by
             the
             Court
             of
             Rome
             of
             any
             Archbishoprick
             ,
             Bishoprick
             ,
             Dignity
             ,
             or
             other
             Benefice
             ,
             in
             disturbance
             of
             the
             Elections
             ,
             Collations
             or
             Presentations
             afore
             named
             ,
             That
             at
             the
             time
             of
             the
             Avoidance
             ,
             that
             such
             Reservations
             ,
             Collations
             and
             Provisions
             ought
             to
             take
             effect
             ,
             the
             said
             King
             Edward
             the
             Third
             and
             his
             Heirs
             should
             have
             and
             enjoy
             the
             same
             Collations
             to
             the
             Archbishopricks
             and
             other
             Dignities
             elective
             ,
             which
             be
             of
             his
             Avowry
             ,
             as
             his
             Progenitors
             did
             before
             that
             free
             Election
             was
             granted
             ,
             fithence
             that
             the
             Elections
             were
             first
             granted
             by
             the
             King's
             Progenitors
             upon
             a
             certain
             form
             and
             condition
             ,
             as
             to
             demand
             licence
             of
             the
             King
             to
             chuse
             ,
             and
             after
             the
             Election
             to
             have
             his
             Royall
             Assent
             ,
             and
             not
             in
             other
             manner
             :
             which
             conditions
             not
             kept
             ,
             the
             King
             ought
             by
             reason
             to
             resort
             to
             the
             first
             nature
             ,
             as
             by
             the
             said
             Act
             more
             at
             large
             appeareth
             .
          
           
             
             In
             the
             27.
             year
             of
             the
             Reign
             of
             the
             same
             King
             it
             was
             grievously
             complained
             to
             the
             King
             in
             a
             Parliament
             then
             holden
             ,
             by
             the
             Great
             men
             and
             Commons
             of
             the
             Realm
             ,
             how
             that
             divers
             of
             the
             people
             were
             and
             had
             been
             drawn
             out
             of
             the
             Realm
             to
             answer
             to
             things
             whereof
             the
             conusance
             pertained
             to
             the
             King's
             Court
             ,
             and
             also
             that
             the
             Judgments
             given
             in
             the
             same
             Court
             were
             impeached
             in
             other
             Courts
             ,
             
             in
             prejudice
             and
             disherison
             of
             the
             King
             and
             of
             his
             Crown
             ,
             and
             of
             all
             the
             people
             of
             his
             said
             Realm
             ,
             and
             to
             the
             undoing
             and
             destruction
             of
             the
             Common
             Law
             of
             the
             same
             Realm
             at
             all
             times
             used
             .
             Whereupon
             good
             deliberation
             being
             had
             with
             the
             Great
             men
             and
             others
             of
             his
             said
             Council
             ,
             it
             was
             assented
             and
             accorded
             by
             the
             King
             and
             the
             Great
             men
             and
             Commons
             aforesaid
             ,
             That
             all
             the
             people
             of
             the
             King's
             allegeance
             ,
             of
             what
             condition
             that
             they
             be
             ,
             which
             should
             draw
             any
             out
             of
             the
             Realm
             ,
             for
             plea
             whereof
             the
             conusance
             pertained
             to
             the
             King's
             Court
             ,
             or
             for
             things
             whereof
             Judgments
             were
             given
             in
             the
             King's
             Court
             ,
             or
             which
             did
             sue
             in
             any
             other
             Court
             ,
             to
             defeat
             or
             impeach
             the
             Judgments
             given
             in
             the
             King's
             Courts
             ,
             should
             incur
             the
             danger
             of
             Premunire
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
           
             To
             nourish
             love
             ,
             
             peace
             and
             concord
             between
             Holy
             Church
             and
             the
             Realm
             ,
             and
             to
             appease
             and
             cease
             the
             great
             hurt
             and
             perils
             and
             importable
             losses
             and
             grievances
             that
             had
             been
             done
             and
             happened
             in
             times
             past
             ,
             and
             that
             should
             happen
             hereafter
             ,
             if
             the
             thing
             from
             thenceforth
             be
             suffered
             to
             pass
             ,
             because
             of
             personal
             Citations
             ,
             and
             other
             that
             be
             passed
             before
             this
             time
             ,
             and
             commonly
             did
             passe
             from
             day
             to
             day
             out
             of
             the
             Court
             of
             Rome
             ,
             by
             feigned
             and
             false
             Suggestions
             and
             Propositions
             against
             all
             manner
             of
             persons
             of
             the
             Realm
             ,
             upon
             Causes
             whose
             cognisance
             and
             final
             discussing
             pertained
             unto
             the
             King
             and
             his
             Royal
             Court
             ;
             and
             also
             of
             Impetrations
             and
             Provisions
             of
             Benefices
             and
             Offices
             of
             Holy
             Church
             pertaining
             to
             the
             gift
             ,
             presentation
             ,
             donation
             and
             disposition
             of
             the
             King
             ,
             and
             other
             Lay
             Patrons
             of
             this
             Realm
             ,
             as
             of
             Churches
             ,
             Chappels
             ,
             and
             other
             Benefices
             appropriated
             to
             Cathedrall
             Churches
             ,
             Abbies
             ,
             Priories
             ,
             Chauntries
             ,
             Hospitalls
             ,
             and
             other
             poor
             Houses
             ,
             and
             of
             other
             Dignities
             ,
             Offices
             and
             Benefices
             occupied
             in
             times
             past
             ,
             and
             presented
             by
             divers
             and
             notable
             persons
             of
             the
             said
             Realm
             :
             for
             which
             causes
             ,
             and
             dispensing
             whereof
             ,
             the
             good
             ancient
             L●ws
             ,
             Usages
             ,
             Customes
             and
             Franchises
             of
             the
             said
             Realm
             had
             been
             and
             were
             greatly
             appaired
             ,
             blemished
             and
             confounded
             ,
             the
             Crown
             of
             their
             Sovereign
             Lord
             the
             King
             minished
             ,
             and
             his
             Person
             falsely
             defamed
             ,
             his
             Treasury
             and
             Riches
             of
             the
             
             Realm
             carried
             away
             ,
             the
             inhabitants
             and
             subjects
             of
             the
             Realm
             impoverished
             and
             troubled
             ,
             the
             Benefices
             of
             Holy
             Church
             wasted
             and
             destroyed
             ,
             Divine
             Service
             ,
             Hospitalities
             ,
             Alms-deeds
             and
             works
             of
             charity
             withdrawn
             and
             set
             apart
             ,
             the
             Commons
             and
             Subjects
             of
             the
             Realm
             in
             body
             and
             goods
             consumed
             :
             The
             King
             at
             his
             Parliament
             holden
             at
             Westminster
             in
             the
             Vtas
             of
             S.
             Hillary
             ,
             
             the
             38.
             year
             of
             his
             Reign
             ,
             having
             regard
             to
             the
             quietness
             of
             his
             people
             ,
             which
             he
             chiefly
             desired
             to
             sustain
             in
             tranquillity
             and
             peace
             ,
             to
             govern
             according
             to
             the
             Laws
             ,
             Usages
             and
             Franchises
             of
             his
             Land
             ,
             as
             he
             was
             bound
             by
             his
             Oath
             made
             at
             his
             Coronation
             ,
             following
             the
             ways
             of
             his
             Progenitors
             ,
             which
             for
             their
             time
             made
             certain
             good
             Ordinances
             and
             Provisions
             against
             the
             said
             Grievances
             and
             Perils
             ;
             which
             Ordinances
             and
             Provisions
             ,
             and
             all
             the
             other
             made
             in
             his
             time
             ,
             and
             especially
             in
             the
             25.
             and
             27.
             years
             of
             his
             Reign
             ,
             the
             King
             by
             the
             assent
             and
             expresse
             will
             and
             concord
             of
             the
             Dukes
             ,
             Earls
             ,
             Barons
             ,
             and
             the
             Commons
             of
             this
             Realm
             ,
             and
             of
             all
             other
             whom
             these
             things
             touched
             ,
             by
             good
             and
             meet
             deliberation
             and
             advisement
             ,
             did
             approve
             ,
             accept
             ,
             and
             confirm
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
           
             But
             those
             which
             should
             execute
             the
             said
             good
             Laws
             against
             such
             capitall
             Offendors
             were
             cursed
             ,
             reproved
             and
             defamed
             ,
             by
             such
             as
             maintained
             the
             usurped
             Jurisdiction
             of
             the
             Bishop
             of
             Rome
             :
             Against
             which
             an
             especial
             Act
             of
             Parliament
             was
             made
             by
             the
             King
             and
             his
             whole
             Realm
             ,
             prohibiting
             thereby
             such
             Defamations
             and
             Reproofs
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             Richard
             the
             Second
             .
          
           
             
             AGainst
             an
             Incumbent
             of
             a
             Church
             in
             England
             another
             sueth
             a
             Provision
             in
             the
             Court
             of
             Rome
             ,
             and
             there
             pursueth
             untill
             he
             recovereth
             the
             Church
             against
             the
             Incumbent
             ,
             and
             after
             brought
             an
             Action
             of
             Account
             against
             him
             ,
             as
             receiver
             of
             divers
             sums
             of
             money
             ,
             (
             which
             in
             troth
             were
             the
             Oblations
             and
             Offerings
             which
             the
             Incumbent
             had
             received
             .
             )
             
             And
             the
             whole
             Court
             was
             of
             opinion
             against
             the
             Plaintif
             ,
             and
             thereupon
             he
             became
             non-suit
             .
          
           
             It
             is
             declared
             by
             that
             Parliament
             ,
             
             that
             the
             Crown
             of
             England
             hath
             been
             so
             free
             at
             all
             times
             ,
             that
             it
             hath
             been
             in
             subjection
             to
             no
             Realm
             ,
             but
             immediately
             subject
             to
             God
             ,
             and
             none
             other
             ;
             
             and
             that
             the
             same
             ought
             not
             in
             any
             thing
             touching
             the
             Regalty
             of
             the
             same
             Crown
             be
             submitted
             to
             the
             Bishop
             of
             Rome
             ,
             nor
             the
             Laws
             and
             Statutes
             of
             this
             Realm
             by
             him
             frustrated
             or
             defeated
             at
             his
             will
             ,
             to
             the
             perpetuall
             destruction
             of
             the
             King
             ,
             his
             Sovereignty
             ,
             Crown
             and
             Regalty
             ,
             and
             of
             all
             his
             Realm
             .
             And
             the
             Commons
             in
             that
             Parliament
             affirmed
             ,
             that
             the
             things
             attempted
             by
             the
             Bishop
             of
             Rome
             be
             clearly
             against
             the
             King's
             Crown
             and
             his
             Regalty
             ,
             used
             and
             approved
             in
             the
             time
             of
             all
             his
             Progenitors
             .
             Wherefore
             they
             and
             all
             the
             liege
             Commons
             of
             the
             same
             Realm
             would
             stand
             with
             the
             King
             and
             his
             said
             Crown
             ,
             and
             his
             Regalty
             ,
             in
             the
             cases
             aforesaid
             ,
             and
             in
             all
             other
             cases
             attempted
             against
             him
             ,
             his
             Crown
             and
             his
             Regalty
             ,
             in
             all
             points
             to
             live
             and
             to
             die
             .
             And
             moreover
             they
             did
             pray
             the
             King
             ,
             and
             him
             required
             by
             way
             of
             justice
             ,
             that
             he
             would
             examine
             all
             the
             Lords
             in
             the
             Parliament
             ,
             as
             well
             Spiritual
             as
             Temporal
             ,
             severally
             ,
             and
             all
             the
             States
             of
             the
             Parliament
             ,
             how
             they
             thought
             of
             the
             cases
             aforesaid
             ,
             which
             were
             so
             openly
             against
             the
             King's
             Crown
             ,
             and
             in
             derogation
             of
             his
             Regalty
             ,
             and
             how
             they
             would
             stand
             in
             the
             same
             cases
             with
             the
             King
             ,
             in
             upholding
             the
             Rights
             of
             the
             said
             Crown
             and
             Regalty
             .
             Whereupon
             the
             Lords
             Temporal
             so
             demanded
             did
             answer
             every
             one
             by
             himself
             ,
             That
             the
             cases
             aforesaid
             were
             clearly
             in
             derogation
             of
             the
             King's
             Crown
             and
             of
             his
             Regalty
             ,
             as
             it
             was
             well
             known
             ,
             and
             had
             been
             of
             long
             time
             known
             ;
             and
             that
             they
             would
             stand
             with
             the
             same
             Crown
             and
             Regalty
             in
             those
             cases
             especially
             ,
             and
             in
             all
             other
             cases
             which
             should
             be
             attempted
             against
             the
             said
             Crown
             and
             Regalty
             ,
             in
             all
             points
             ,
             with
             all
             their
             power
             .
             And
             moreover
             then
             was
             demanded
             of
             the
             Lords
             Spiritual
             there
             being
             ,
             and
             the
             Procurators
             of
             others
             being
             absent
             ,
             their
             advice
             and
             will
             in
             all
             those
             cases
             :
             which
             Lords
             ,
             that
             is
             to
             say
             ,
             the
             Archbishops
             ,
             Bishops
             and
             other
             Prelates
             ,
             being
             
             in
             the
             Parliament
             severally
             examined
             ,
             making
             protestations
             that
             it
             was
             not
             their
             mind
             to
             deny
             or
             affirm
             that
             the
             Bishop
             of
             Rome
             might
             not
             excommunicate
             Bishops
             ,
             nor
             that
             he
             might
             make
             Translation
             of
             Prelates
             after
             the
             Law
             of
             Holy
             Church
             ,
             answered
             and
             said
             ,
             That
             if
             any
             Executions
             or
             Processes
             in
             the
             King's
             Court
             ,
             as
             before
             ,
             were
             made
             by
             any
             ,
             and
             censures
             of
             Excommunications
             be
             made
             against
             any
             Bishop
             of
             England
             ,
             or
             any
             other
             of
             the
             King's
             liege
             people
             ,
             for
             that
             they
             had
             made
             execution
             of
             such
             commandments
             ;
             and
             that
             if
             any
             executions
             of
             such
             Translations
             be
             made
             of
             any
             Prelats
             of
             the
             same
             Realm
             ,
             which
             Prelats
             were
             very
             profitable
             and
             necessary
             to
             the
             King
             and
             to
             his
             said
             Realm
             ;
             or
             that
             his
             sage
             men
             of
             his
             Council
             without
             his
             assent
             and
             against
             his
             will
             be
             withdrawn
             and
             eloigned
             out
             of
             the
             Realm
             ,
             so
             that
             the
             substance
             and
             Treasury
             of
             the
             Realm
             might
             be
             destroyed
             ;
             that
             the
             same
             was
             against
             the
             King
             and
             his
             Crown
             ,
             as
             it
             was
             contained
             in
             the
             Petition
             before
             named
             .
             And
             likewise
             the
             same
             Procurators
             ,
             every
             one
             by
             himself
             examined
             upon
             the
             said
             matters
             ,
             did
             answer
             and
             say
             in
             the
             name
             and
             for
             their
             Lords
             as
             the
             said
             Bishops
             had
             said
             and
             answered
             :
             And
             that
             the
             said
             Lords
             Spiritual
             would
             and
             ought
             to
             stand
             with
             the
             King
             in
             these
             cases
             ,
             lawfully
             in
             maintaining
             of
             his
             Crown
             ,
             and
             in
             all
             other
             cases
             touching
             his
             Crown
             and
             his
             Regalty
             ,
             as
             they
             were
             bound
             by
             their
             Allegeance
             .
             Whereupon
             the
             King
             by
             the
             assent
             aforesaid
             ,
             and
             at
             the
             prayer
             of
             his
             said
             Commons
             ,
             did
             ordain
             and
             establish
             ,
             That
             if
             any
             purchase
             or
             pursue
             ,
             or
             cause
             to
             be
             purchased
             or
             pursued
             ,
             in
             the
             Court
             of
             Rome
             or
             elsewhere
             ,
             any
             such
             Translations
             ,
             Processes
             and
             Sentences
             of
             Excommunication
             ,
             Bulls
             ,
             Instruments
             ,
             or
             any
             other
             things
             which
             touched
             the
             King
             their
             Lord
             ,
             against
             him
             ,
             his
             Crown
             and
             his
             Regalty
             ,
             or
             his
             Realm
             ,
             as
             is
             aforesaid
             ,
             and
             they
             which
             bring
             them
             within
             the
             Realm
             ,
             or
             them
             receive
             ,
             or
             make
             thereof
             notification
             ,
             or
             any
             other
             execution
             ,
             within
             the
             same
             Realm
             or
             without
             ,
             that
             they
             ,
             their
             notorious
             procurators
             ,
             maintainers
             ,
             fautors
             and
             counsellors
             ,
             should
             be
             put
             out
             of
             the
             King's
             protection
             ,
             and
             their
             lands
             and
             tenements
             ,
             goods
             and
             chattels
             forfeit
             to
             the
             King
             ,
             and
             they
             be
             attached
             by
             their
             
             bodies
             ,
             if
             they
             may
             be
             found
             ,
             and
             brought
             before
             the
             King
             and
             his
             Council
             ,
             there
             to
             answer
             to
             the
             cases
             aforesaid
             ;
             or
             that
             processe
             be
             made
             against
             them
             by
             
               Premunire
               facias
            
             ,
             as
             it
             is
             ordained
             in
             other
             Statutes
             of
             Provisors
             ,
             and
             others
             which
             do
             sue
             in
             any
             other
             Court
             in
             derogation
             of
             the
             Regalty
             of
             the
             King
             ,
             as
             by
             the
             said
             Act
             also
             appeareth
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             Henry
             the
             Fourth
             .
          
           
             IT
             is
             resolved
             that
             the
             Pope's
             Collector
             ,
             
             though
             he
             have
             the
             Pope's
             Bulls
             for
             that
             purpose
             ,
             hath
             no
             Jurisdiction
             within
             this
             Realm
             :
             and
             there
             the
             Archbishops
             and
             Bishops
             ,
             &c.
             of
             this
             Realm
             are
             called
             the
             King's
             Spirituall
             Judges
             .
          
           
             By
             the
             ancient
             Laws
             Ecclesiasticall
             of
             this
             Realm
             ,
             
             no
             man
             could
             be
             convicted
             of
             Heresie
             ,
             being
             high
             Treason
             against
             the
             Almighty
             ,
             but
             by
             the
             Archbishop
             and
             all
             the
             Clergy
             of
             that
             Province
             ,
             and
             after
             abjured
             thereupon
             ,
             and
             after
             that
             newly
             convicted
             and
             condemned
             by
             the
             Clergy
             of
             that
             Province
             ,
             in
             their
             general
             Council
             of
             Convocation
             :
             
             But
             the
             Statute
             2
             H.
             4.
             cap.
             15.
             doth
             give
             the
             Bishop
             in
             his
             Diocese
             power
             to
             condemn
             an
             Heretick
             .
             And
             before
             that
             Statute
             he
             could
             not
             be
             committed
             to
             the
             Secular
             power
             to
             be
             burnt
             ,
             untill
             he
             had
             once
             abjured
             ,
             and
             was
             again
             relapsed
             to
             that
             or
             some
             other
             Heresie
             .
             Whereby
             it
             appeareth
             that
             the
             King
             by
             consent
             of
             Parliament
             directed
             the
             proceedings
             in
             the
             Ecclesiasticall
             Court
             in
             case
             of
             Heresie
             ,
             and
             other
             matters
             more
             spirituall
             .
          
           
             The
             Pope
             cannot
             alter
             the
             Laws
             of
             England
             .
             
          
           
             The
             Judges
             say
             ,
             
             that
             the
             Statutes
             which
             restrain
             the
             Pope's
             Provisions
             to
             the
             Benefices
             of
             the
             advowsons
             of
             Spiritual
             men
             were
             made
             ,
             for
             that
             the
             Spiritualty
             durst
             not
             in
             their
             just
             cause
             say
             against
             the
             Pope's
             Provisions
             :
             So
             as
             those
             Statutes
             were
             made
             but
             in
             affirmance
             of
             the
             Common
             Laws
             .
             
          
           
             Excommunication
             made
             by
             the
             Pope
             is
             of
             no
             fore
             in
             England
             ,
             
             and
             the
             same
             being
             certified
             by
             the
             Pope
             into
             any
             Court
             in
             England
             ought
             not
             to
             be
             allowed
             ;
             
             neither
             is
             any
             Certificate
             of
             any
             Excommunication
             available
             in
             law
             ,
             but
             what
             is
             made
             by
             some
             Bishop
             of
             England
             :
             for
             the
             Bishops
             are
             by
             the
             Common
             Laws
             the
             immediate
             Officers
             and
             Ministers
             of
             justice
             to
             the
             King's
             Courts
             in
             Causes
             Ecclesiasticall
             .
          
           
             
             If
             any
             Bishop
             do
             excommunicate
             any
             person
             for
             a
             Cause
             that
             belongeth
             not
             unto
             him
             ,
             the
             King
             may
             write
             unto
             the
             Bishop
             ,
             and
             command
             him
             to
             assoil
             and
             absolve
             the
             party
             .
          
           
             
             If
             any
             person
             of
             Religion
             obtain
             of
             the
             Bishop
             of
             Rome
             to
             be
             exempt
             from
             obedience
             Regular
             or
             ordinary
             ,
             he
             is
             in
             case
             of
             Premunire
             ,
             which
             is
             an
             offence
             ,
             as
             hath
             been
             said
             ,
             
               contra
               Regem
               ,
               Coronam
               &
               Dignitatem
               suas
               .
            
          
           
             
             The
             Commons
             did
             grievously
             complain
             to
             the
             King
             ,
             at
             the
             Parliament
             holden
             in
             the
             6.
             year
             of
             H.
             4.
             of
             the
             horrible
             mischiefs
             and
             damnable
             customes
             which
             then
             were
             introduct
             of
             new
             in
             the
             Court
             of
             Rome
             ,
             that
             no
             person
             ,
             Abbot
             or
             other
             ,
             should
             have
             provision
             of
             any
             Archbishoprick
             or
             Bishoprick
             which
             should
             be
             void
             ,
             till
             he
             had
             compounded
             with
             the
             Pope's
             Chamber
             ,
             to
             pay
             great
             and
             excessive
             sums
             of
             money
             ,
             as
             well
             for
             the
             First-fruits
             of
             the
             same
             Archbishoprick
             or
             Bishoprick
             ,
             as
             for
             the
             other
             lesse
             Services
             in
             the
             same
             Court
             ;
             and
             that
             the
             same
             sums
             ,
             or
             the
             greater
             part
             thereof
             ,
             be
             paid
             before
             hand
             ;
             which
             sums
             passed
             the
             treble
             or
             the
             double
             at
             the
             least
             of
             that
             that
             was
             accustomed
             of
             old
             time
             to
             be
             paid
             in
             the
             said
             Chamber
             and
             otherwise
             by
             the
             occasions
             of
             such
             Provisions
             :
             whereby
             a
             great
             part
             of
             the
             Treasury
             of
             this
             Realm
             had
             been
             brought
             and
             carried
             to
             the
             said
             Court
             ,
             and
             also
             should
             be
             in
             time
             to
             come
             ,
             to
             the
             great
             impoverishing
             of
             the
             Archbishops
             and
             Bishops
             within
             the
             same
             Realm
             ,
             and
             elsewhere
             within
             the
             King's
             dominions
             ,
             if
             convenient
             remedy
             were
             not
             for
             the
             same
             provided
             .
             The
             King
             ,
             to
             the
             honour
             of
             God
             ,
             as
             well
             to
             eschew
             the
             dammage
             of
             this
             Realm
             ,
             as
             the
             perils
             of
             their
             souls
             which
             owen
             to
             be
             advanced
             to
             any
             Archbishopricks
             and
             Bishopricks
             within
             the
             Realm
             of
             England
             ,
             and
             elsewhere
             within
             the
             
             King's
             dominions
             out
             of
             the
             same
             Realm
             ,
             by
             the
             advice
             and
             assent
             of
             the
             Great
             men
             of
             his
             Realm
             in
             the
             Parliament
             ,
             did
             ordain
             and
             establish
             ,
             That
             they
             and
             every
             of
             them
             that
             should
             pay
             to
             the
             said
             Chamber
             or
             otherwise
             ,
             for
             such
             Fruits
             and
             Services
             ,
             greater
             sums
             of
             mony
             then
             had
             been
             accustomed
             to
             be
             paid
             in
             old
             time
             past
             ,
             they
             and
             every
             of
             them
             should
             incur
             the
             forfeiture
             of
             as
             much
             as
             they
             may
             forfeit
             towards
             the
             King
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
           
             No
             person
             ,
             Religious
             or
             Secular
             ,
             
             of
             what
             estate
             or
             condition
             that
             he
             were
             ,
             by
             colour
             of
             any
             Bulls
             containing
             priviledges
             to
             be
             discharged
             of
             Tithes
             pertaining
             to
             Parish-churches
             ,
             Prebends
             ,
             Hospitals
             ,
             Vicarages
             ,
             purchased
             before
             the
             first
             year
             of
             King
             Richard
             the
             2.
             or
             after
             ,
             and
             not
             executed
             ,
             should
             put
             in
             execution
             any
             such
             Bulls
             so
             purchased
             ,
             or
             any
             such
             Balls
             to
             be
             purchased
             in
             time
             to
             come
             ,
             upon
             the
             pain
             of
             a
             Premunire
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             Henry
             the
             Fifth
             .
          
           
             IN
             an
             Act
             of
             Parliament
             made
             in
             the
             third
             year
             of
             King
             H.
             5.
             it
             is
             declared
             ,
             
             That
             whereas
             in
             the
             time
             of
             King
             H.
             4.
             
             Father
             to
             the
             said
             King
             ,
             in
             the
             7.
             year
             of
             his
             Reign
             ,
             to
             eschew
             many
             discords
             and
             debates
             ,
             and
             divers
             other
             mischiefs
             ,
             which
             were
             likely
             to
             arise
             and
             happen
             because
             of
             many
             Provisions
             then
             made
             ,
             or
             to
             be
             made
             ,
             by
             the
             Pope
             ,
             and
             also
             of
             Licence
             thereupon
             granted
             by
             the
             said
             late
             King
             ,
             amongst
             other
             things
             ,
             it
             was
             ordained
             and
             established
             ,
             That
             no
             such
             Licence
             or
             Pardon
             so
             granted
             before
             the
             same
             Ordinance
             ,
             or
             afterwards
             to
             be
             granted
             ,
             should
             be
             available
             to
             any
             Benefice
             full
             of
             any
             Incumbent
             at
             the
             day
             of
             the
             date
             of
             such
             Licence
             or
             Pardon
             granted
             ;
             Nevertheless
             divers
             persons
             ,
             having
             Provisions
             of
             the
             Pope
             of
             divers
             Benefices
             in
             England
             and
             elsewhere
             ,
             and
             Licences
             Royall
             to
             execute
             the
             same
             Provisions
             ,
             have
             ,
             by
             colour
             of
             the
             same
             Provisions
             ,
             Licences
             and
             Acceptations
             of
             the
             said
             Benefices
             ,
             subtilly
             excluded
             divers
             persons
             of
             their
             Benefices
             ,
             in
             which
             they
             had
             been
             Incumbents
             by
             a
             long
             season
             of
             the
             collation
             of
             the
             very
             Patrons
             
             Spiritual
             ,
             to
             them
             duely
             made
             to
             their
             intent
             ,
             to
             the
             final
             destruction
             and
             enervation
             of
             the
             states
             of
             the
             same
             Incumbents
             :
             The
             King
             ,
             willing
             to
             void
             such
             mischiefs
             ,
             hath
             ordained
             and
             established
             ,
             That
             all
             the
             Incumbents
             of
             every
             Benefice
             of
             Holy
             Church
             ,
             of
             the
             Patronage
             ,
             Collation
             or
             Presentation
             of
             Spirituall
             Patrons
             ,
             might
             quietly
             and
             peaceably
             enjoy
             their
             said
             Benefices
             ,
             without
             being
             inquieted
             ,
             molested
             ,
             or
             any
             ways
             grieved
             ,
             by
             any
             colour
             of
             such
             Provisions
             ,
             Licences
             abd
             Acceptations
             ;
             And
             that
             all
             the
             Licences
             and
             Pardons
             upon
             and
             by
             such
             Provisions
             made
             in
             any
             manner
             should
             be
             void
             ,
             and
             of
             no
             value
             ;
             And
             if
             any
             feel
             himself
             grieved
             ,
             molested
             ,
             or
             inquieted
             ,
             in
             any
             wise
             from
             thenceforth
             by
             any
             ,
             by
             colour
             of
             such
             Provisions
             ,
             Licences
             ,
             Pardons
             ,
             or
             Acceptations
             ,
             that
             the
             same
             molestors
             ,
             grievors
             or
             inquietors
             ,
             and
             every
             of
             them
             ,
             have
             and
             incurre
             the
             pains
             and
             punishments
             contained
             in
             the
             Statutes
             of
             Provisors
             before
             that
             time
             made
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
           
             *
             A
             Statute
             was
             made
             for
             extirpation
             of
             Heresie
             and
             Lollardry
             ,
             whereby
             full
             power
             and
             authority
             was
             given
             to
             the
             Justices
             of
             Peace
             ,
             and
             Justices
             of
             Assise
             ,
             to
             inquire
             of
             those
             that
             hold
             Errours
             ,
             Heresies
             or
             Lollardry
             ,
             and
             of
             their
             maintainers
             ,
             
             &c.
             
             And
             that
             the
             Sheriffe
             or
             other
             Officer
             ,
             
             &c.
             may
             arrest
             and
             apprehend
             them
             .
          
           
             
             The
             King
             ,
             by
             consent
             of
             Parliament
             ,
             giveth
             power
             to
             Ordinaries
             to
             enquire
             of
             the
             foundation
             ,
             erection
             and
             governance
             of
             Hospitals
             ,
             other
             then
             such
             as
             be
             of
             the
             King's
             foundation
             ,
             and
             thereupon
             to
             make
             correction
             and
             reformation
             according
             to
             the
             Ecclesiasticall
             Law.
             
          
        
         
           
             In
             the
             Reign
             of
             King
             Henry
             the
             Sixth
             .
          
           
             
             EXcommunication
             made
             and
             certified
             by
             the
             Pope
             is
             of
             no
             force
             to
             disable
             any
             man
             within
             England
             :
             And
             this
             is
             by
             the
             ancient
             Common
             Laws
             ,
             before
             any
             Statute
             was
             made
             concerning
             forrein
             Jurisdiction
             .
          
           
           
             The
             King
             onely
             may
             grant
             or
             licence
             to
             found
             a
             Spiritual
             Incorporation
             .
             
             
          
           
             In
             the
             Reign
             of
             King
             Henry
             the
             6.
             the
             Pope
             writ
             Letters
             in
             derogation
             of
             the
             King
             and
             his
             Regalty
             ,
             and
             the
             Church-men
             durst
             not
             speak
             against
             them
             :
             But
             Humfrey
             Duke
             of
             Gloucester
             ,
             for
             their
             safe
             keeping
             ,
             put
             them
             into
             the
             fire
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             Edward
             the
             Fourth
             .
          
           
             IN
             the
             Reign
             of
             King
             Edward
             the
             Fourth
             the
             Pope
             granted
             to
             the
             Prior
             of
             
               Saint
               Johns
            
             to
             have
             Sanctuary
             within
             his
             Priory
             ;
             
             and
             this
             was
             pleaded
             and
             claimed
             by
             the
             Prior
             :
             But
             it
             was
             resolved
             by
             the
             Judges
             ,
             that
             the
             Pope
             had
             no
             power
             to
             grant
             any
             Sanctuary
             within
             this
             Realm
             ,
             and
             therefore
             by
             judgement
             of
             the
             Law
             the
             same
             was
             disallowed
             .
          
           
             There
             it
             appeareth
             ,
             
             that
             the
             opinion
             of
             the
             King's
             Bench
             had
             been
             oftentimes
             ,
             that
             if
             one
             Spiritual
             person
             sue
             another
             Spiritual
             man
             in
             the
             Court
             of
             Rome
             for
             a
             matter
             spiritual
             ,
             where
             he
             might
             have
             remedy
             before
             his
             Ordinary
             ,
             that
             is
             the
             Bishop
             of
             that
             Diocese
             within
             the
             Realm
             ,
             
               quia
               trahit
               ipsum
               in
               placitum
               extra
               regnum
               ,
            
             incurreth
             the
             danger
             of
             a
             Premunire
             ,
             a
             hainous
             offence
             it
             being
             ,
             
             
               contra
               legiantiae
               suae
               debitum
               ,
               in
               contemptum
               Domini
               Regis
               ,
               &
               contra
               Coronam
               &
               dignitatem
               suas
               .
            
             By
             which
             it
             appeareth
             how
             grievous
             an
             offence
             it
             was
             against
             the
             King
             ,
             his
             Crown
             and
             Dignity
             ,
             if
             any
             subject
             ,
             although
             both
             the
             persons
             and
             cause
             were
             Spirituall
             ,
             did
             seek
             for
             justice
             out
             of
             the
             Realm
             ,
             as
             though
             either
             there
             wanted
             Jurisdiction
             ,
             or
             Justice
             was
             not
             executed
             in
             the
             Ecclesiastical
             Courts
             within
             the
             same
             ;
             which
             (
             as
             it
             hath
             been
             said
             )
             was
             an
             high
             offence
             ,
             
               contra
               Regem
               ,
               Coronam
               &
               dignitatem
               suas
               .
            
          
           
             In
             the
             King's
             Courts
             of
             Record
             ,
             
             where
             Felonies
             are
             determined
             ,
             the
             Bishop
             or
             his
             Deputy
             ought
             to
             give
             his
             attendance
             ,
             to
             the
             end
             that
             if
             any
             that
             is
             indicted
             and
             arraigned
             for
             Felony
             do
             demand
             the
             benefit
             of
             his
             Clergy
             ,
             that
             the
             Ordinary
             may
             inform
             the
             Court
             of
             his
             sufficiency
             or
             insufficiency
             ,
             
             that
             is
             ,
             whether
             he
             can
             reade
             as
             a
             Clerk
             or
             not
             ;
             whereof
             notwithstanding
             the
             Ordinary
             is
             not
             to
             judge
             ,
             but
             is
             a
             minister
             to
             the
             King's
             Court
             ;
             and
             the
             Judges
             of
             that
             Court
             are
             to
             judge
             of
             the
             sufficiency
             or
             insufficiency
             of
             the
             party
             ,
             whatsoever
             the
             Ordinary
             doth
             inform
             them
             ,
             and
             upon
             due
             examination
             of
             the
             party
             ,
             may
             give
             judgement
             against
             the
             Ordinarie's
             information
             :
             for
             the
             King's
             Judges
             are
             Judges
             of
             the
             cause
             .
          
           
             
             The
             Pope's
             Excommunication
             is
             of
             no
             force
             within
             the
             Realm
             of
             England
             .
          
           
             In
             the
             Reign
             of
             King
             Edward
             the
             Fourth
             ,
             a
             Legate
             from
             the
             Pope
             came
             to
             Calice
             ,
             to
             have
             come
             into
             England
             ;
             but
             the
             King
             and
             his
             Council
             would
             not
             suffer
             him
             to
             come
             within
             England
             ,
             until
             he
             had
             taken
             an
             oath
             that
             he
             should
             attempt
             nothing
             against
             the
             King
             or
             his
             Crown
             :
             and
             so
             the
             like
             was
             done
             in
             his
             Reign
             to
             another
             of
             the
             Pope's
             Legates
             .
             And
             this
             is
             so
             reported
             in
             1
             Henrici
             7.
             fol.
             10.
             
          
        
         
           
             In
             the
             Reign
             of
             King
             Richard
             the
             Third
             .
          
           
             IT
             is
             resolved
             by
             the
             Judges
             ,
             
             That
             a
             Judgement
             or
             Excommunication
             in
             the
             Court
             of
             Rome
             should
             not
             bind
             or
             prejudice
             any
             man
             within
             England
             at
             the
             Common
             Law.
             
          
        
         
           
             In
             the
             Reign
             of
             King
             Henry
             the
             Seventh
             .
          
           
             
             IN
             the
             Reign
             of
             King
             Henry
             the
             7.
             the
             Pope
             had
             excommunicated
             all
             such
             persons
             whatsoever
             as
             had
             bought
             Allum
             of
             the
             Florentines
             :
             And
             it
             was
             resolved
             by
             all
             the
             Judges
             of
             England
             ,
             that
             the
             Pope's
             Excommunication
             ought
             not
             to
             be
             obeyed
             or
             to
             be
             put
             in
             execution
             within
             the
             Realm
             of
             England
             .
          
           
             
             In
             a
             Parliament
             holden
             in
             the
             first
             year
             of
             King
             Henry
             the
             Seventh
             ,
             for
             the
             more
             sure
             and
             likely
             reformation
             of
             Priests
             ,
             Clerks
             and
             Religious
             men
             ,
             culpable
             or
             by
             their
             demerits
             
             openly
             noised
             of
             incontinent
             living
             in
             their
             bodies
             ,
             contrary
             to
             their
             Order
             ,
             it
             was
             enacted
             ,
             ordained
             and
             established
             ,
             by
             the
             advice
             and
             assent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             the
             Commons
             in
             the
             said
             Parliament
             assembled
             ,
             and
             by
             authority
             of
             the
             same
             ,
             That
             it
             be
             lawful
             to
             all
             Archbishops
             and
             Bishops
             ,
             and
             other
             Ordinaries
             ,
             having
             Episcopal
             Jurisdiction
             ,
             to
             punish
             and
             chastise
             Priests
             ,
             Clerks
             and
             Religious
             men
             ,
             being
             within
             the
             bounds
             of
             their
             Jurisdiction
             ,
             as
             shall
             be
             convicted
             afore
             them
             by
             examination
             ,
             and
             lawfull
             proof
             requisite
             by
             the
             law
             of
             the
             Church
             ,
             of
             Advoutrie
             ,
             Fornication
             ,
             Incest
             ,
             or
             any
             other
             fleshly
             Incontinency
             ,
             by
             committing
             them
             to
             ward
             and
             prison
             ,
             there
             to
             abide
             for
             such
             time
             as
             shall
             be
             thought
             to
             their
             discretions
             convenient
             for
             the
             quality
             and
             quantity
             of
             their
             trespass
             :
             And
             that
             none
             of
             the
             said
             Archbishops
             ,
             Bishops
             or
             Ordinaries
             aforesaid
             ,
             be
             thereof
             chargeable
             ,
             of
             ,
             to
             ,
             or
             upon
             any
             action
             of
             false
             or
             wrongfull
             imprisonment
             ,
             but
             that
             they
             be
             utterly
             thereof
             discharged
             in
             any
             of
             the
             cases
             aforesaid
             ,
             by
             virtue
             of
             this
             Act.
             
             
          
           
             
               Rex
               est
               persona
               mixta
            
             ,
             because
             he
             hath
             both
             Ecclesiastical
             and
             Temporal
             Jurisdiction
             .
          
           
             By
             the
             Ecclesiastical
             Laws
             allowed
             within
             this
             Realm
             ,
             
             a
             Priest
             cannot
             have
             two
             Benefices
             ,
             nor
             can
             a
             Bastard
             be
             a
             Priest
             ;
             but
             the
             King
             may
             ,
             by
             his
             Ecclesiasticall
             power
             and
             Jurisdiction
             ,
             dispense
             with
             both
             of
             these
             ,
             because
             they
             be
             
               mala
               prohibita
            
             ,
             and
             not
             
               mala
               per
               se
            
             .
          
        
         
           
             In
             the
             Reign
             of
             King
             Henry
             the
             Eighth
             .
             
          
           
             BY
             an
             Act
             of
             Parliament
             made
             in
             the
             24.
             year
             of
             King
             Henry
             the
             8.
             that
             is
             to
             say
             ,
             by
             the
             King
             ,
             24
             Bishops
             ,
             29
             Abbots
             and
             Priors
             ,
             for
             so
             many
             were
             then
             Lords
             of
             Parliament
             ,
             by
             all
             the
             Lords
             Temporal
             and
             the
             Commons
             in
             that
             Parliament
             assembled
             ,
             it
             is
             declared
             ,
             That
             where
             by
             divers
             sundry
             old
             authentick
             Histories
             and
             Chronicles
             it
             was
             manifestly
             declared
             and
             expressed
             ,
             that
             this
             Realm
             of
             England
             is
             an
             Empire
             ,
             and
             so
             hath
             been
             accepted
             in
             the
             
             world
             ,
             
             governed
             by
             one
             Supreme
             Head
             and
             King
             ,
             having
             the
             Dignity
             and
             Royal
             estate
             of
             the
             Imperial
             Crown
             of
             the
             same
             ,
             unto
             whom
             a
             Body
             politick
             compact
             of
             all
             sorts
             and
             degrees
             of
             people
             ,
             divided
             in
             terms
             and
             by
             names
             of
             Spiritualty
             and
             Temporalty
             ,
             been
             bound
             ,
             and
             ought
             to
             bear
             ,
             next
             to
             God
             ,
             a
             natural
             and
             humble
             obedience
             ;
             he
             being
             also
             institute
             and
             furnished
             by
             the
             goodness
             and
             furtherance
             of
             Almighty
             God
             with
             plenary
             ,
             whole
             and
             entire
             Power
             ,
             Preheminence
             ,
             Authority
             ,
             Prerogative
             and
             Jurisdiction
             ,
             to
             render
             and
             yield
             Justice
             and
             final
             determination
             to
             all
             manner
             of
             folk
             resiants
             or
             subjects
             within
             this
             his
             Realm
             ,
             in
             all
             causes
             ,
             matters
             ,
             debates
             and
             contentions
             happening
             to
             occur
             ,
             insurge
             or
             begin
             within
             the
             limits
             thereof
             ,
             without
             restraint
             or
             provocation
             to
             any
             forrein
             Princes
             or
             Potentates
             of
             the
             world
             :
             The
             Body
             Spiritual
             whereof
             having
             power
             ,
             when
             any
             cause
             of
             the
             Law
             Divine
             happened
             to
             come
             in
             question
             ,
             or
             of
             Spiritual
             learning
             ,
             that
             it
             was
             declared
             ,
             interpreted
             and
             shewed
             by
             that
             part
             of
             the
             said
             Body
             politick
             ,
             called
             the
             Spiritualty
             ,
             then
             being
             usually
             called
             the
             
               English
               Church
            
             ,
             which
             alwaies
             had
             been
             reputed
             and
             also
             found
             of
             that
             sort
             ,
             that
             both
             for
             knowledge
             ,
             integrity
             ,
             and
             sufficiency
             of
             number
             ,
             it
             had
             been
             always
             thought
             ,
             and
             was
             also
             at
             that
             hour
             sufficient
             and
             meet
             of
             it self
             ,
             without
             the
             intermeddling
             of
             any
             exteriour
             person
             or
             persons
             ,
             to
             declare
             and
             determine
             all
             such
             doubts
             ,
             and
             to
             administer
             all
             such
             offices
             and
             duties
             as
             to
             the
             rank
             spiritual
             did
             appertain
             .
             For
             the
             due
             administration
             whereof
             ,
             and
             to
             keep
             them
             from
             corruption
             and
             sinister
             affection
             ,
             the
             King
             's
             most
             noble
             Progenitors
             ,
             and
             the
             antecessors
             of
             the
             Nobles
             of
             this
             Realm
             ,
             did
             sufficiently
             indow
             the
             said
             Church
             both
             with
             honour
             and
             possessions
             .
             And
             the
             Laws
             Temporal
             ,
             for
             trial
             of
             property
             of
             lands
             and
             goods
             ,
             and
             for
             the
             conservation
             of
             the
             people
             of
             this
             Realm
             in
             unity
             and
             peace
             ,
             without
             ravine
             or
             spoil
             was
             administred
             ,
             adjudged
             and
             executed
             by
             sundry
             Judges
             and
             Ministers
             of
             the
             other
             part
             of
             the
             said
             Body
             politick
             ,
             called
             the
             Temporaltie
             .
             And
             both
             their
             Authorities
             and
             Jurisdictions
             did
             conjoyn
             together
             in
             the
             due
             administration
             of
             Justice
             ,
             the
             one
             to
             help
             the
             other
             .
             And
             
             whereas
             the
             King
             ,
             his
             most
             noble
             Progenitors
             ,
             and
             the
             Nobility
             and
             Commons
             of
             the
             said
             Realm
             ,
             at
             divers
             and
             sundry
             Parliaments
             ,
             as
             well
             in
             the
             time
             King
             Edward
             the
             1.
             
             Edward
             the
             3.
             
             Richard
             the
             2.
             
             Henry
             the
             4.
             and
             other
             noble
             Kings
             of
             this
             Realm
             ,
             made
             sundry
             Ordinances
             ,
             Laws
             ,
             Statutes
             and
             Provisions
             ,
             for
             the
             entire
             and
             sure
             conservation
             of
             the
             Prerogatives
             ,
             Liberties
             and
             Preheminences
             of
             the
             said
             Imperial
             Crown
             of
             this
             Realm
             ,
             and
             of
             the
             Jurisdiction
             Spiritual
             and
             Temporal
             of
             the
             same
             ,
             to
             keep
             it
             from
             the
             annoiance
             as
             well
             of
             the
             See
             of
             Rome
             ,
             as
             from
             the
             authority
             of
             other
             forrein
             Potentates
             ,
             attempting
             the
             diminution
             or
             violation
             thereof
             ,
             as
             often
             and
             from
             time
             to
             time
             as
             any
             such
             annoiance
             or
             attempt
             might
             be
             known
             or
             espied
             :
             And
             notwithstanding
             the
             said
             good
             Statutes
             and
             Ordinances
             ,
             made
             in
             the
             time
             of
             the
             King
             's
             most
             noble
             Progenitors
             ,
             in
             preservation
             of
             the
             Authority
             and
             Prerogative
             of
             the
             said
             Imperiall
             Crown
             ,
             as
             is
             aforesaid
             ;
             yet
             nevertheless
             fithence
             the
             making
             of
             the
             said
             good
             Statutes
             and
             Ordinances
             ,
             divers
             and
             sundry
             inconveniences
             and
             dangers
             ,
             not
             provided
             for
             plainly
             by
             the
             said
             former
             Acts
             ,
             Statutes
             and
             Ordinances
             ,
             have
             risen
             and
             sprung
             by
             reason
             of
             Appeals
             sued
             out
             of
             this
             Realm
             to
             the
             See
             of
             Rome
             ,
             in
             causes
             Testamentary
             ,
             causes
             of
             Matrimony
             and
             Divorces
             ,
             right
             of
             Tithes
             ,
             Oblations
             and
             Obventions
             ,
             not
             onely
             to
             the
             great
             inquietation
             ,
             vexation
             ,
             trouble
             ,
             costs
             and
             charges
             of
             the
             King's
             Highness
             and
             many
             of
             his
             subjects
             and
             resiants
             in
             this
             his
             Realm
             ,
             but
             also
             to
             the
             great
             delay
             and
             lett
             to
             the
             true
             and
             speedy
             determination
             of
             the
             said
             causes
             ,
             forasmuch
             as
             the
             parties
             appealing
             to
             the
             said
             Court
             of
             Rome
             most
             commonly
             did
             the
             same
             for
             delay
             of
             Justice
             ,
             and
             forasmuch
             as
             the
             great
             distance
             of
             way
             was
             so
             far
             out
             of
             this
             Realm
             ,
             that
             neither
             the
             necessary
             proofs
             nor
             the
             true
             knowledge
             of
             the
             cause
             could
             be
             so
             well
             known
             ,
             or
             the
             witnesses
             there
             so
             well
             examined
             ,
             as
             within
             this
             Realm
             ,
             so
             that
             the
             parties
             grieved
             by
             means
             of
             the
             said
             Appeals
             were
             most
             times
             without
             remedy
             :
             In
             consideration
             thereof
             ,
             the
             King
             ,
             his
             Nobles
             and
             Commons
             ,
             considering
             the
             great
             enormities
             ,
             dammages
             ,
             long
             delaies
             and
             hurts
             ,
             that
             as
             well
             to
             his
             Highness
             ,
             as
             to
             his
             said
             Noble
             
             subjects
             ,
             Commons
             and
             resiants
             of
             this
             his
             Realm
             ,
             in
             the
             said
             causes
             Testamentary
             ,
             causes
             of
             Matrimony
             and
             Divorces
             ,
             Tithes
             ,
             Oblations
             and
             Obventions
             ,
             did
             daily
             ensue
             ,
             did
             therefore
             by
             his
             Royall
             assent
             ,
             and
             by
             the
             assent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             the
             Commons
             in
             that
             Parliament
             assembled
             ,
             and
             by
             Authority
             of
             the
             same
             ,
             enact
             ,
             establish
             and
             ordain
             ,
             That
             all
             causes
             Testamentary
             ,
             causes
             of
             Matrimony
             and
             Divorces
             ,
             rights
             of
             Tithes
             ,
             Oblations
             and
             Obventions
             ,
             the
             knowledge
             whereof
             by
             the
             goodness
             of
             Princes
             of
             this
             Realm
             ,
             and
             by
             the
             Laws
             and
             Customes
             of
             the
             same
             ,
             appertained
             to
             the
             Spiritual
             Jurisdiction
             of
             this
             Realm
             ,
             then
             already
             commenced
             ,
             moved
             ,
             depending
             ,
             being
             ,
             happening
             ,
             or
             hereafter
             coming
             in
             contention
             ,
             debate
             or
             question
             within
             this
             Realm
             ,
             or
             within
             any
             of
             the
             King's
             dominions
             ,
             or
             Marches
             of
             the
             same
             ,
             or
             elsewhere
             ,
             whether
             they
             concern
             the
             King
             ,
             his
             Heirs
             or
             Successors
             ,
             or
             any
             other
             subjects
             or
             resiants
             within
             this
             Realm
             ,
             of
             what
             degree
             soever
             they
             be
             ,
             
             should
             be
             from
             thenceforth
             heard
             ,
             examined
             ,
             discussed
             ,
             clearly
             ,
             finally
             and
             definitively
             adjudged
             and
             determined
             ,
             within
             the
             King's
             Jurisdiction
             and
             Authority
             ,
             and
             not
             elsewhere
             ,
             in
             such
             Courts
             Spiritual
             and
             Temporal
             of
             the
             same
             as
             the
             natures
             ,
             conditions
             and
             qualities
             of
             the
             Cases
             and
             matters
             aforesaid
             in
             contention
             ,
             or
             thereafter
             happening
             in
             contention
             ,
             should
             require
             ,
             without
             having
             any
             respect
             to
             any
             custome
             ,
             use
             or
             sufferance
             in
             hinderance
             ,
             lett
             or
             prejudice
             of
             the
             same
             ,
             or
             to
             any
             other
             thing
             used
             or
             suffered
             to
             the
             contrary
             thereof
             ,
             by
             any
             other
             manner
             person
             or
             persons
             in
             any
             manner
             of
             wise
             ;
             any
             forrein
             Inhibitions
             ,
             Appeals
             ,
             Sentences
             ,
             Summons
             ,
             Citations
             ,
             Suspensions
             ,
             Interdictions
             ,
             Excommunications
             ,
             Restraints
             ,
             Judgements
             ,
             or
             any
             other
             Process
             or
             Impediment
             ,
             of
             what
             natures
             ,
             names
             ,
             qualities
             or
             conditions
             soever
             they
             be
             ,
             from
             the
             See
             of
             Rome
             ,
             or
             any
             other
             forrein
             Courts
             or
             Potentates
             of
             the
             world
             ,
             or
             from
             and
             out
             of
             this
             Realm
             ,
             or
             any
             other
             the
             King's
             dominions
             ,
             or
             Marches
             of
             the
             same
             ,
             to
             the
             See
             of
             Rome
             ,
             or
             to
             any
             other
             forrein
             Courts
             or
             Potentates
             ,
             to
             the
             let
             tor
             impediment
             thereof
             ,
             in
             any
             wise
             notwithstanding
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
           
           
             By
             an
             Act
             of
             Parliament
             in
             25
             H.
             8.
             it
             is
             declared
             by
             the
             King
             ,
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             
             and
             the
             Commons
             in
             that
             Parliament
             assembled
             ,
             That
             neither
             the
             King
             ,
             his
             Heirs
             nor
             Successors
             ,
             Kings
             of
             this
             Realm
             ,
             nor
             any
             his
             subjects
             of
             this
             Realm
             ,
             nor
             of
             any
             other
             his
             dominions
             ,
             should
             from
             thenceforth
             sue
             to
             the
             said
             Bishop
             of
             Rome
             ,
             called
             
               the
               Pope
            
             ,
             or
             to
             the
             See
             of
             Rome
             ,
             or
             to
             any
             person
             or
             persons
             having
             or
             pretending
             any
             Authority
             by
             the
             same
             ,
             for
             Licences
             ,
             Dispensations
             ,
             Impositions
             ,
             Faculties
             ,
             Grants
             ,
             Rescripts
             ,
             Delegacies
             ,
             or
             any
             other
             Instruments
             or
             Writings
             ,
             of
             what
             kind
             ,
             name
             ,
             nature
             or
             quality
             soever
             they
             be
             ,
             for
             any
             cause
             or
             matter
             for
             the
             which
             any
             Licence
             ,
             Dispensation
             ,
             Composition
             ,
             Faculty
             ,
             Grant
             ,
             Rescript
             ,
             Delegacy
             ,
             Instrument
             or
             other
             Writing
             ,
             theretofore
             had
             been
             used
             and
             accustomed
             to
             be
             had
             and
             obtained
             at
             the
             See
             of
             Rome
             ,
             or
             by
             authority
             thereof
             ,
             or
             of
             any
             Prelat
             of
             this
             Realm
             ;
             nor
             for
             any
             manner
             of
             other
             Licences
             ,
             Dispensations
             ,
             Compositions
             ,
             Faculties
             ,
             Grants
             ,
             Rescripts
             ,
             Delegacies
             ,
             or
             any
             other
             Instruments
             or
             Writings
             ,
             that
             in
             cases
             of
             necessity
             might
             lawfully
             be
             granted
             without
             offending
             of
             the
             Holy
             Scriptures
             and
             Laws
             of
             God
             :
             But
             that
             from
             thenceforth
             every
             such
             Licence
             ,
             Dispensation
             ,
             Composition
             ,
             Faculty
             ,
             Grant
             ,
             Rescript
             ,
             Delegacy
             ,
             Instrument
             ,
             and
             other
             Writing
             afore
             named
             and
             mentioned
             ,
             necessary
             for
             the
             King
             ,
             his
             Heirs
             and
             Successors
             ,
             and
             his
             and
             their
             people
             and
             subjects
             ,
             upon
             the
             due
             examination
             of
             the
             causes
             and
             qualities
             of
             the
             persons
             procuring
             such
             Dispensations
             ,
             Licences
             ,
             Compositions
             ,
             Faculties
             ,
             Grants
             ,
             Rescripts
             ,
             Delegacies
             ,
             Instruments
             ,
             or
             other
             Writings
             ,
             should
             be
             granted
             ,
             had
             and
             obtained
             from
             time
             to
             time
             within
             this
             his
             Realm
             ,
             and
             other
             his
             dominions
             ,
             and
             not
             elsewhere
             ,
             in
             manner
             and
             form
             following
             ,
             and
             not
             otherwise
             .
             That
             is
             to
             say
             ,
             The
             Archbishop
             of
             Canterbury
             for
             the
             time
             being
             ,
             and
             his
             Successors
             ,
             should
             have
             power
             and
             authority
             from
             time
             to
             time
             by
             their
             discretions
             to
             give
             ,
             grant
             and
             dispose
             by
             an
             Instrument
             under
             the
             Seal
             of
             the
             said
             Archbishop
             unto
             the
             King
             ,
             and
             unto
             his
             Heirs
             and
             Successors
             Kings
             of
             this
             Realm
             ,
             as
             well
             all
             manner
             of
             such
             Licences
             ,
             Dispensations
             ,
             Compositions
             ,
             Faculties
             ,
             Grants
             ,
             Rescripts
             ,
             Delegacies
             ,
             Instruments
             ,
             
             and
             all
             other
             Writings
             ,
             for
             causes
             not
             being
             contrary
             or
             repugnant
             to
             the
             Holy
             Scriptures
             and
             Laws
             of
             God
             ,
             as
             theretofore
             had
             been
             used
             and
             accustomed
             to
             be
             had
             and
             obtained
             by
             the
             King
             ,
             or
             any
             his
             most
             noble
             Progenitors
             ,
             or
             any
             of
             his
             or
             their
             subjects
             ,
             from
             the
             See
             of
             Rome
             ,
             or
             any
             person
             or
             persons
             by
             authority
             of
             the
             same
             ;
             and
             all
             other
             Licences
             ,
             Dispensations
             ,
             Faculties
             ,
             Compositions
             ,
             Grants
             ,
             Rescripts
             ,
             Delegacies
             ,
             Instruments
             ,
             and
             other
             Writings
             ,
             in
             ,
             for
             and
             upon
             all
             such
             causes
             and
             matters
             ,
             as
             should
             be
             convenient
             and
             necessary
             to
             be
             had
             for
             the
             honour
             and
             surety
             of
             the
             King
             ,
             his
             Heirs
             and
             Successors
             ,
             and
             the
             wealth
             and
             profit
             of
             this
             his
             Realm
             :
             so
             that
             the
             said
             Archbishop
             ,
             or
             any
             his
             Successors
             ,
             in
             no
             manner
             wise
             should
             grant
             any
             Dispensation
             ,
             Licence
             ,
             Rescript
             ,
             or
             any
             other
             Writing
             before
             rehearsed
             ,
             for
             any
             cause
             or
             matter
             repugnant
             to
             the
             Law
             of
             Almightie
             God
             ,
             as
             by
             the
             said
             Act
             also
             appeareth
             .
             If
             it
             be
             demanded
             what
             Canons
             ,
             Constitutions
             ,
             Ordinances
             and
             Synodals
             provincial
             ,
             are
             ▪
             still
             in
             force
             within
             this
             Realm
             ;
             I
             answer
             ,
             that
             it
             is
             resolved
             and
             enacted
             by
             Authority
             of
             Parliament
             ,
             That
             such
             as
             have
             been
             allowed
             by
             general
             consent
             and
             custome
             within
             the
             Realm
             ,
             and
             are
             not
             contrariant
             or
             repugnant
             to
             the
             Laws
             ,
             Statutes
             and
             Customes
             of
             this
             Realm
             ,
             nor
             are
             to
             the
             dammage
             or
             hurt
             of
             the
             King's
             Prerogative
             royal
             ,
             are
             still
             in
             force
             within
             this
             Realm
             ,
             as
             the
             King
             's
             Ecclesiastical
             Laws
             of
             the
             same
             .
             Now
             ,
             as
             consent
             and
             custome
             hath
             allowed
             those
             Canons
             ;
             
             so
             ,
             no
             doubt
             ,
             by
             general
             consent
             of
             the
             whole
             Realm
             any
             of
             the
             same
             may
             be
             corrected
             ,
             inlarged
             ,
             explained
             or
             abrogated
             .
             For
             example
             ;
             There
             is
             a
             Decree
             that
             all
             Clerks
             that
             have
             received
             any
             manner
             of
             Orders
             ,
             greater
             or
             smaller
             ,
             should
             be
             exempt
             
               pro
               causis
               criminalibus
            
             before
             the
             Temporal
             Judges
             :
             This
             Decree
             had
             never
             any
             force
             within
             England
             .
             First
             ,
             for
             that
             it
             was
             never
             approved
             and
             allowed
             of
             by
             general
             consent
             within
             the
             Realm
             .
             Secondly
             ,
             it
             was
             against
             the
             Laws
             of
             the
             Realm
             ,
             as
             it
             doth
             appear
             by
             infinite
             precedents
             .
             Thirdly
             ,
             it
             was
             against
             the
             Prerogative
             and
             Sovereignty
             of
             the
             King
             ,
             that
             any
             subject
             within
             this
             Realm
             should
             not
             be
             subject
             to
             the
             Laws
             of
             this
             Realm
             .
          
        
         
           
           
             In
             the
             Reign
             of
             Queen
             Elizabeth
             .
          
           
             BY
             the
             said
             Act
             of
             Parliament
             (
             whereupon
             the
             principal
             case
             then
             in
             question
             partly
             dependeth
             )
             made
             in
             the
             first
             year
             of
             the
             Reign
             of
             Queen
             Elizabeth
             ,
             
             it
             is
             declared
             ,
             That
             where
             in
             the
             time
             of
             the
             Reign
             of
             King
             Henry
             the
             8.
             divers
             good
             Laws
             and
             Statutes
             were
             made
             and
             established
             ,
             as
             well
             for
             the
             utter
             extinguishment
             and
             putting
             away
             of
             all
             usurped
             and
             forrein
             powers
             and
             authorities
             out
             of
             this
             Realm
             ,
             and
             other
             her
             dominions
             and
             countries
             ,
             as
             also
             for
             the
             restoring
             and
             uniting
             to
             the
             Imperial
             Crown
             of
             this
             Realm
             the
             ancient
             Jurisdiction
             ,
             Authorities
             ,
             Superiorities
             and
             Preheminences
             to
             the
             same
             of
             right
             belonging
             and
             appertaining
             by
             reason
             whereof
             her
             most
             humble
             subjects
             ,
             from
             the
             25.
             year
             of
             the
             said
             King
             Henry
             the
             8.
             were
             continually
             kept
             in
             good
             order
             ,
             and
             were
             disburthened
             of
             divers
             great
             and
             intolerable
             charges
             and
             vexations
             ,
             before
             that
             time
             unlawfully
             taken
             and
             exacted
             by
             such
             forrein
             power
             and
             authority
             as
             before
             that
             was
             usurped
             ;
             And
             to
             the
             intent
             that
             all
             usurped
             and
             forrein
             power
             and
             authority
             ,
             Spirituall
             and
             Temporal
             ,
             might
             for
             ever
             be
             clearly
             extinguished
             ,
             and
             never
             be
             used
             or
             obeyed
             within
             this
             Realm
             ,
             or
             any
             other
             her
             dominions
             or
             countries
             :
             It
             was
             by
             the
             Authority
             of
             that
             Parliament
             enacted
             ,
             That
             no
             forrein
             Prince
             ,
             person
             ,
             Prelate
             ,
             State
             or
             Potentate
             ,
             Spiritual
             or
             Temporal
             ,
             should
             at
             any
             time
             after
             the
             last
             day
             of
             that
             Session
             of
             Parliament
             use
             ,
             enjoy
             or
             exercise
             any
             manner
             of
             Power
             ,
             Jurisdiction
             ,
             Superiority
             ,
             Authority
             ,
             Preheminence
             or
             Priviledge
             ,
             Spiritual
             or
             Ecclesiastical
             ,
             within
             this
             Realm
             ,
             or
             within
             any
             other
             the
             Queen's
             dominions
             or
             countries
             ,
             that
             then
             were
             or
             hereafter
             should
             be
             ,
             but
             from
             thenceforth
             the
             same
             should
             be
             clearly
             abolished
             out
             of
             this
             Realm
             ,
             and
             all
             other
             her
             dominions
             for
             ever
             ,
             any
             Statute
             ,
             Ordinance
             ,
             Customes
             ,
             Constitutions
             ,
             or
             any
             other
             matter
             or
             cause
             whatsoever
             ,
             to
             the
             contrary
             in
             any
             wise
             notwithstanding
             .
             And
             it
             was
             then
             also
             established
             and
             enacted
             by
             the
             Authority
             of
             that
             Parliament
             ,
             That
             such
             Jurisdictions
             ,
             
             Priviledges
             ,
             Superiorities
             and
             Preheminences
             Spiritual
             and
             Ecclesiastical
             ,
             as
             by
             any
             Spiritual
             or
             Ecclesiastical
             power
             or
             authority
             had
             heretofore
             been
             ,
             or
             might
             lawfully
             be
             ,
             exercised
             or
             used
             for
             the
             visitation
             of
             the
             Ecclesiastical
             state
             and
             persons
             ,
             and
             for
             reformation
             ,
             order
             and
             correction
             of
             the
             same
             ,
             and
             of
             all
             manner
             Errours
             ,
             Heresies
             ,
             Schisms
             ,
             Abuses
             ,
             Offences
             ,
             Contempts
             and
             Enormities
             ,
             should
             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
             Successors
             ,
             Kings
             or
             Queens
             of
             this
             Realm
             ,
             should
             have
             full
             power
             and
             authority
             by
             virtue
             of
             that
             Act
             ,
             by
             Letters
             Patents
             under
             the
             great
             Seal
             of
             England
             to
             assign
             ,
             name
             and
             authorize
             ,
             when
             and
             as
             often
             as
             the
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             should
             think
             meet
             and
             convenient
             ,
             and
             for
             such
             and
             so
             long
             time
             as
             should
             please
             the
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             such
             person
             or
             persons
             ,
             being
             natural-born
             Subjects
             to
             the
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             as
             the
             said
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             should
             think
             meet
             ,
             to
             exercise
             ,
             use
             ,
             occupy
             and
             execute
             ,
             under
             the
             said
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             all
             manner
             of
             Jurisdictions
             ,
             Priviledges
             and
             Preheminences
             ,
             in
             any
             wise
             touching
             or
             concerning
             any
             Spiritual
             or
             Ecclesiastical
             Jurisdiction
             ,
             within
             these
             Realms
             of
             England
             and
             Ireland
             ,
             or
             any
             other
             her
             dominions
             and
             countries
             ;
             and
             to
             visit
             ,
             reform
             ,
             redress
             ,
             order
             ,
             correct
             and
             amend
             all
             such
             Errours
             ,
             Heresies
             ,
             Schisms
             ,
             Abuses
             ,
             Offences
             ,
             Contempts
             and
             Enormities
             whatsoever
             ,
             which
             by
             any
             manner
             Spiritual
             or
             Ecclesiasticall
             power
             ,
             authority
             or
             jurisdiction
             ,
             could
             or
             might
             lawfully
             be
             reformed
             ,
             ordered
             ,
             redressed
             ,
             corrected
             ,
             restrained
             or
             amended
             ,
             to
             the
             pleasure
             of
             Almighty
             God
             ,
             the
             encrease
             of
             vertue
             ,
             and
             the
             conservation
             of
             the
             peace
             and
             the
             unity
             of
             this
             Realm
             :
             And
             that
             such
             person
             or
             persons
             so
             to
             be
             named
             ,
             assigned
             ,
             authorized
             and
             appointed
             by
             the
             said
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             after
             the
             said
             Letters
             Patents
             to
             him
             or
             them
             made
             and
             delivered
             as
             is
             aforesaid
             ,
             should
             have
             full
             power
             and
             authority
             ,
             by
             virtue
             of
             that
             Act
             ,
             and
             of
             the
             said
             Letters
             Patents
             ,
             under
             the
             said
             Queen
             ,
             her
             Heirs
             or
             Successors
             ,
             to
             exercise
             ,
             use
             and
             execute
             all
             the
             premisses
             ,
             according
             to
             the
             tenour
             and
             effect
             of
             the
             
             said
             Letters
             Patents
             ,
             any
             matter
             or
             cause
             to
             the
             contrary
             in
             any
             wise
             notwithstanding
             .
             ,
             as
             by
             the
             said
             Act
             also
             appeareth
             .
          
           
             It
             was
             adjudged
             in
             the
             Court
             of
             Common
             Pleas
             by
             Sir
             
               James
               Dyer
            
             ,
             
             Weston
             ,
             and
             the
             whole
             Court
             ,
             that
             a
             Dean
             or
             any
             other
             Ecclesiasticall
             person
             may
             resign
             to
             the
             Crown
             ,
             as
             divers
             did
             to
             King
             Edward
             the
             6.
             for
             that
             he
             had
             the
             Authority
             of
             the
             supreme
             Ordinary
             .
          
           
             From
             the
             1.
             untill
             the
             11.
             year
             of
             Queen
             
             Elizabeth's
             Reign
             ,
             no
             person
             ,
             of
             what
             perswation
             of
             Christian
             Religion
             soever
             ,
             at
             any
             time
             refused
             to
             come
             to
             the
             publick
             Divine
             Service
             celebrated
             in
             the
             Church
             of
             England
             ,
             being
             evidently
             grounded
             upon
             the
             Sacred
             and
             infallible
             Word
             of
             Almighty
             God
             ,
             and
             established
             by
             publick
             Authority
             within
             this
             Realm
             .
             But
             after
             the
             Bull
             of
             
               Pius
               Quintus
            
             was
             published
             against
             her
             Majesty
             ,
             in
             the
             11.
             year
             of
             her
             Reign
             ,
             containing
             (
             amongst
             other
             things
             too
             long
             to
             be
             repeated
             for
             this
             purpose
             )
             these
             words
             ,
             
               Pius
               Bishop
               ,
               Servant
               of
               God's
               servants
               ,
               
               &c
               ,
               She
               (
               Queen
               Elizabeth
               ,
               hath
               clean
               put
               away
               the
               Sacrifice
               of
               the
               Mass
               ,
               Prayers
               ,
               Fastings
               ,
               Choice
               or
               difference
               of
               meats
               ,
               and
               Single
               life
               ;
               She
               ,
               possessing
               the
               Kingdome
               ,
               and
               by
               usurping
               the
               place
               of
               the
               Supreme
               Head
               of
               the
               Church
               in
               all
               England
               ,
               and
               the
               chief
               Authority
               and
               Jurisdiction
               of
               the
               same
               ,
               hath
               again
               brought
               the
               said
               Realm
               into
               miserable
               destruction
               ;
               Unto
               her
               all
               such
               as
               are
               the
               worst
               of
               the
               people
               resort
               ,
               and
               are
               by
               her
               received
               into
               safe
               protection
               ,
               &c.
               
               We
               make
               it
               known
               ,
               that
               the
               said
               Elizabeth
               ,
               and
               as
               many
               as
               stand
               on
               her
               side
               in
               the
               matter
               above
               named
               ,
               have
               run
               into
               the
               danger
               of
               our
               Curse
               :
               We
               make
               it
               also
               known
               ,
               that
               we
               have
               deprived
               her
               from
               that
               right
               she
               pretended
               to
               have
               in
               the
               Kingdome
               aforesaid
               ,
               and
               also
               from
               all
               and
               every
               her
               Authority
               ,
               Dignity
               and
               Priviledge
               :
               We
               charge
               and
               forbid
               all
               and
               every
               the
               Nobles
               ,
               Subjects
               and
               people
               ,
               and
               others
               aforesaid
               ,
               that
               they
               be
               not
               so
               hardy
               as
               to
               obey
               her
               ,
               or
               her
               Admonitions
               ,
               Commandments
               or
               Laws
               ,
               upon
               pain
               of
               the
               like
               accurse
               upon
               them
               :
               We
               pronounce
               that
               all
               whosoever
               by
               any
               occasion
               have
               taken
               their
               Oath
               unto
               her
               ,
               are
               for
               ever
               discharged
               of
               
               such
               their
               Oath
               ,
               and
               also
               from
               all
               Fealty
               and
               Service
               which
               was
               due
               to
               her
               by
               reason
               of
               her
               Government
               ,
               &c.
               (
            
             as
             by
             the
             said
             Bull
             more
             at
             large
             appeareth
             )
             After
             this
             Bull
             ,
             all
             they
             that
             depended
             on
             the
             Pope
             obeyed
             the
             Bull
             ,
             disobeyed
             their
             gracious
             and
             natural
             Sovereign
             ,
             and
             upon
             this
             occasion
             refused
             to
             come
             to
             the
             Church
             .
             The
             publishing
             of
             this
             Bull
             by
             a
             subject
             against
             his
             Sovereign
             (
             as
             appeareth
             by
             that
             which
             hath
             been
             oftentimes
             said
             )
             was
             Treason
             in
             the
             highest
             degree
             by
             the
             ancient
             Common
             Laws
             of
             England
             .
             For
             if
             it
             were
             Treason
             to
             publish
             a
             Bull
             of
             Excommunication
             within
             this
             Realm
             against
             a
             Subject
             thereof
             ,
             as
             it
             was
             adjudged
             in
             the
             Reign
             of
             King
             Edward
             the
             1.
             
               à
               fortiori
            
             it
             is
             Treason
             in
             the
             highest
             degree
             to
             publish
             such
             a
             Bull
             against
             the
             Sovereign
             and
             Monarch
             her self
             .
             After
             this
             Bull
             many
             Bulls
             of
             Absolution
             and
             Reconciliation
             to
             the
             Church
             of
             Rome
             were
             published
             and
             dispersed
             amongst
             her
             Majestie
             's
             subjects
             ,
             to
             withdraw
             them
             from
             their
             natural
             Loyalty
             and
             Allegeance
             to
             their
             Sovereign
             ;
             whereupon
             no
             small
             inconveniences
             (
             as
             hereafter
             appeareth
             )
             followed
             .
             
             And
             therefore
             at
             a
             Parliament
             holden
             in
             The
             13.
             year
             of
             her
             Reign
             it
             was
             declared
             by
             the
             whole
             Body
             of
             the
             Realm
             ,
             That
             divers
             seditious
             and
             very
             ill-disposed
             people
             ,
             minding
             very
             seditiously
             and
             unnaturally
             ,
             not
             onely
             to
             bring
             this
             Realm
             and
             the
             Imperial
             Crown
             thereof
             (
             being
             in
             very
             deed
             of
             it self
             most
             free
             )
             again
             into
             the
             thraldome
             and
             subjection
             of
             the
             forrein
             usurped
             and
             unlawful
             Jurisdiction
             ,
             Preheminence
             and
             Authority
             ,
             claimed
             by
             the
             said
             See
             of
             Rome
             ,
             but
             also
             to
             estrange
             and
             alienate
             the
             minds
             and
             hearts
             of
             sundry
             the
             Queen's
             subjects
             from
             their
             dutiful
             Obedience
             ,
             and
             to
             raise
             and
             stir
             Sedition
             and
             Rebellion
             within
             this
             Realm
             ,
             did
             then
             lately
             procure
             and
             obtain
             to
             themselves
             ,
             from
             the
             said
             Bishop
             of
             Rome
             and
             his
             said
             See
             ,
             divers
             Bulls
             and
             Writings
             ,
             the
             effect
             whereof
             had
             been
             ,
             and
             then
             was
             ,
             to
             absolve
             and
             reconcile
             all
             those
             that
             would
             be
             contented
             to
             forsake
             their
             due
             Obedience
             to
             the
             Queen
             ,
             and
             to
             yield
             and
             subject
             themselves
             to
             the
             said
             feigned
             ,
             unlawful
             and
             usurped
             Authority
             ;
             and
             by
             colour
             of
             the
             said
             Bulls
             and
             Writings
             ,
             the
             said
             persons
             very
             secretly
             and
             most
             seditiously
             ,
             in
             such
             parts
             of
             this
             Realm
             
             where
             the
             people
             for
             want
             of
             good
             instruction
             were
             most
             weak
             ,
             simple
             and
             ignorant
             ,
             and
             thereby
             farthest
             from
             the
             good
             understanding
             of
             their
             duties
             towards
             God
             and
             the
             Queen
             ,
             did
             by
             their
             lewd
             and
             subtil
             practices
             and
             perswasions
             so
             far
             forth
             work
             ,
             that
             sundry
             simple
             and
             ignorant
             persons
             had
             been
             contented
             to
             be
             reconciled
             to
             the
             said
             usurped
             Authority
             of
             the
             See
             of
             Rome
             ,
             and
             to
             take
             Absolution
             at
             the
             hands
             of
             the
             said
             naughty
             and
             subtil
             practisers
             :
             
             whereby
             did
             grow
             great
             disobedience
             and
             boldness
             in
             many
             ,
             not
             onely
             to
             withdraw
             and
             absent
             themselves
             from
             all
             Divine
             Service
             ,
             
             then
             most
             godly
             set
             forth
             and
             used
             within
             this
             Realm
             ,
             
             but
             also
             to
             think
             themselves
             discharged
             of
             and
             from
             all
             Obedience
             ,
             Duty
             and
             Allegeance
             to
             her
             Majesty
             ;
             
             whereby
             most
             wicked
             and
             unnatural
             Rebellion
             did
             ensue
             ,
             and
             ,
             to
             the
             farther
             danger
             of
             this
             Realm
             ,
             
             was
             thereafter
             very
             like
             to
             be
             renewed
             ,
             if
             the
             ungodly
             and
             wicked
             attempts
             in
             that
             behalf
             were
             not
             by
             severity
             of
             Laws
             in
             time
             restrained
             and
             bridled
             .
             For
             remedy
             and
             redress
             whereof
             ,
             and
             to
             prevent
             the
             great
             mischiefs
             and
             inconveniences
             that
             thereby
             might
             ensue
             ,
             it
             was
             enacted
             by
             the
             Queen
             ,
             
             with
             the
             assent
             of
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             the
             Commons
             in
             that
             Parliament
             assembled
             ,
             and
             by
             the
             Authority
             of
             the
             same
             ,
             That
             if
             any
             person
             or
             persons
             ,
             
             after
             the
             first
             day
             of
             July
             then
             next
             coming
             ,
             should
             use
             or
             put
             in
             ure
             in
             any
             place
             within
             this
             Realm
             ,
             or
             in
             any
             the
             Queen's
             dominions
             ,
             any
             such
             Bull
             ,
             Writing
             or
             Instrument
             ,
             written
             or
             printed
             ,
             of
             Absolution
             or
             Reconciliation
             ,
             at
             any
             time
             theretofore
             obtained
             and
             gotten
             ,
             or
             at
             any
             time
             thereafter
             to
             be
             obtained
             or
             gotten
             ,
             from
             the
             said
             Bishop
             of
             Rome
             ,
             or
             any
             his
             Successors
             ,
             or
             from
             any
             other
             person
             or
             persons
             authorized
             or
             claiming
             authority
             by
             or
             from
             the
             said
             Bishop
             of
             Rome
             ,
             his
             Predecessors
             or
             Successors
             ,
             or
             the
             See
             of
             Rome
             ;
             Or
             if
             any
             person
             or
             persons
             ,
             
             after
             the
             said
             first
             day
             of
             July
             ,
             should
             take
             upon
             him
             or
             them
             ,
             by
             colour
             of
             any
             such
             Bull
             ,
             Writing
             ,
             Instrument
             or
             Authority
             ,
             to
             absolve
             or
             reconcile
             any
             person
             or
             persons
             ,
             or
             to
             grant
             or
             promise
             to
             any
             person
             or
             persons
             within
             this
             Realm
             ,
             or
             any
             other
             the
             Queen's
             dominions
             ,
             any
             such
             Absolution
             or
             Reconciliation
             ,
             by
             any
             speech
             ,
             preaching
             ,
             teaching
             ,
             writing
             ,
             or
             any
             other
             
             open
             deed
             ;
             
             Or
             if
             any
             other
             person
             or
             persons
             within
             this
             Realm
             ,
             or
             any
             the
             Queen's
             dominions
             ,
             after
             the
             said
             first
             day
             of
             July
             ,
             should
             willingly
             receive
             and
             take
             any
             such
             Absolution
             or
             Reconciliation
             ;
             
             Or
             else
             if
             any
             person
             or
             persons
             had
             obtained
             or
             gotten
             sithence
             the
             last
             day
             of
             the
             Parliament
             holden
             in
             the
             first
             year
             of
             her
             Reign
             ,
             or
             after
             the
             said
             first
             day
             of
             July
             should
             obtain
             or
             get
             ,
             from
             the
             said
             Bishop
             of
             Rome
             ,
             or
             any
             his
             Successors
             ,
             or
             the
             See
             of
             Rome
             ,
             any
             manner
             of
             Bull
             ,
             Writing
             or
             Instrument
             ,
             written
             or
             printed
             ,
             containing
             any
             thing
             ,
             
             matter
             or
             cause
             whatsoever
             ;
             Or
             should
             publish
             ,
             or
             by
             any
             waies
             or
             means
             put
             in
             ure
             ,
             any
             such
             Bull
             ,
             Writing
             or
             Instrument
             :
             That
             then
             all
             and
             every
             such
             act
             or
             acts
             ,
             offence
             and
             offences
             ,
             should
             be
             deemed
             and
             adjudged
             by
             the
             Authority
             of
             the
             said
             Act
             to
             be
             high
             Treason
             ,
             and
             the
             Offendor
             and
             Offendors
             therein
             ,
             their
             Procurors
             ,
             Abettors
             and
             Counsellours
             to
             the
             fact
             ,
             and
             committing
             of
             the
             said
             offence
             or
             offences
             ,
             should
             be
             deemed
             and
             adjudged
             high
             Traitours
             to
             the
             Queen
             and
             the
             Realm
             ;
             and
             being
             thereof
             lawfully
             indicted
             and
             attainted
             ,
             according
             to
             the
             course
             of
             the
             Laws
             of
             this
             Realm
             ,
             should
             suffer
             pains
             of
             death
             ,
             also
             lose
             and
             forfeit
             all
             their
             Lands
             ,
             Tenements
             ,
             Hereditaments
             ,
             Goods
             and
             Chattels
             ,
             as
             in
             cases
             of
             high
             Treason
             by
             the
             Laws
             of
             this
             Realm
             ought
             to
             be
             lost
             and
             forfeited
             ,
             as
             by
             the
             said
             Act
             appeareth
             .
          
           
             And
             albeit
             many
             of
             her
             subjects
             ,
             after
             the
             said
             Bull
             of
             
               Pius
               Quintus
            
             ,
             adhering
             to
             the
             Pope
             ,
             did
             renounce
             their
             former
             Obedience
             to
             the
             Queen
             in
             respect
             of
             that
             Bull
             ;
             yet
             all
             this
             time
             no
             Law
             was
             either
             made
             or
             attempted
             against
             them
             for
             their
             Recusancy
             ,
             though
             it
             were
             grounded
             upon
             so
             disloyal
             a
             Cause
             .
             Now
             that
             these
             speechless
             Bulls
             were
             declared
             by
             Act
             of
             Parliament
             to
             be
             so
             dangerous
             ,
             then
             in
             place
             of
             them
             Jesuites
             and
             Romish
             Priests
             were
             sent
             over
             ,
             who
             in
             secret
             corners
             whispered
             and
             infused
             into
             the
             hearts
             of
             many
             of
             the
             unlearned
             subjects
             of
             this
             Realm
             ,
             that
             the
             Pope
             had
             power
             to
             excommunicate
             and
             depose
             Kings
             and
             Princes
             ;
             that
             he
             had
             excommunicated
             the
             Queen
             ,
             deprived
             her
             of
             her
             Kingdome
             ,
             and
             discharged
             all
             her
             subjects
             of
             their
             Oath
             ,
             Duties
             ,
             and
             Allegeance
             to
             her
             ;
             and
             therefore
             they
             ought
             not
             to
             
             obey
             her
             ,
             or
             any
             of
             her
             Commandments
             or
             Laws
             ,
             under
             pain
             of
             the
             Pope's
             Curse
             .
             This
             was
             high
             Treason
             by
             the
             ancient
             Laws
             of
             England
             :
             And
             thereupon
             
               Campion
               ,
               Sherwin
            
             ,
             and
             many
             other
             Romish
             Priests
             ,
             being
             apprehended
             ,
             and
             confessing
             that
             they
             came
             into
             England
             to
             make
             a
             party
             for
             the
             Catholick
             cause
             when
             need
             should
             require
             ,
             were
             in
             the
             21.
             year
             of
             the
             said
             Queen's
             Reign
             ,
             by
             the
             ancient
             Common
             Laws
             of
             England
             ,
             indicted
             ,
             arraigned
             ,
             tried
             ,
             adjudged
             and
             executed
             for
             high
             Treason
             against
             their
             natural
             Allegeance
             which
             they
             ought
             their
             liege
             Sovereign
             .
             But
             all
             this
             time
             there
             was
             no
             Act
             of
             Parliament
             made
             either
             against
             Recusants
             ,
             or
             Jesuites
             ,
             or
             Priests
             ,
             her
             Majesty
             still
             desiring
             and
             expecting
             their
             conversion
             ,
             and
             that
             by
             clemency
             and
             mildness
             they
             might
             be
             reclaimed
             to
             their
             former
             obedience
             and
             conformity
             before
             the
             said
             Bull.
             After
             Priests
             and
             Jesuites
             were
             punished
             by
             sentence
             of
             Law
             according
             to
             their
             demerits
             :
             then
             great
             numbers
             of
             slanderous
             and
             seditious
             Books
             (
             
               libri
               falsidici
            
             )
             against
             her
             Majesty
             and
             the
             State
             were
             dispersed
             and
             scattered
             within
             this
             Realm
             ,
             tending
             to
             the
             inciting
             and
             stirring
             of
             the
             Subjects
             to
             Insurrection
             and
             Rebellion
             .
          
           
             Her
             Majestie
             in
             open
             Parliament
             ,
             having
             with
             the
             Lords
             Spiritual
             and
             Temporal
             ,
             and
             Commons
             ,
             mature
             consideration
             of
             so
             weighty
             and
             important
             causes
             ,
             
             in
             the
             23.
             year
             of
             her
             Reign
             made
             two
             several
             Laws
             .
             One
             against
             the
             makers
             and
             publishers
             of
             Seditious
             Books
             ,
             ordaining
             that
             offence
             to
             be
             Felony
             :
             another
             against
             Recusants
             ,
             inflicting
             the
             penalty
             of
             twenty
             pounds
             the
             month
             for
             their
             Recusancie
             :
             and
             yet
             upon
             their
             submission
             according
             to
             the
             Act
             ,
             to
             be
             thereof
             freely
             and
             absolutely
             discharged
             ,
             (
             a
             milde
             and
             merciful
             Law
             ,
             considering
             their
             former
             Conformity
             ,
             and
             the
             cause
             of
             their
             Revolt
             .
             )
             But
             after
             these
             Jesuites
             and
             Romish
             Priests
             coming
             daily
             into
             and
             swarming
             within
             the
             Realm
             ,
             instilling
             still
             this
             poison
             into
             the
             Subjects
             hearts
             ,
             that
             by
             reason
             of
             the
             said
             Bull
             of
             
               Pius
               Quintus
            
             her
             Majesty
             was
             excommunicated
             ,
             deprived
             of
             her
             Kingdome
             ,
             &
             that
             her
             Subjects
             were
             discharged
             of
             all
             Obedience
             to
             her
             ,
             and
             by
             all
             means
             endeavouring
             to
             withdraw
             them
             from
             their
             Duty
             and
             Allegeance
             to
             her
             Majesty
             ,
             and
             to
             
             reconcile
             them
             to
             the
             Church
             of
             Rome
             ;
             
             in
             the
             27.
             year
             of
             her
             Reign
             ,
             by
             Authority
             of
             Parliament
             ,
             her
             Majesty
             made
             it
             Treason
             for
             any
             Jesuite
             or
             Romish
             Priest
             ,
             being
             her
             natural-born
             Subject
             ,
             and
             made
             a
             Romish
             Priest
             or
             Jesuite
             sithence
             the
             beginning
             of
             her
             Reign
             ,
             to
             come
             into
             any
             of
             her
             dominions
             ;
             intending
             thereby
             to
             keep
             them
             out
             of
             the
             same
             ,
             to
             the
             end
             that
             they
             should
             not
             infect
             any
             other
             Subjects
             with
             such
             treasonable
             and
             damnable
             perswasions
             and
             practices
             as
             are
             aforesaid
             ,
             which
             without
             controversie
             were
             high
             Treason
             by
             the
             ancient
             Common
             Laws
             of
             England
             .
             Neither
             would
             ever
             magnanimous
             King
             of
             England
             ,
             fithence
             the
             first
             establishment
             of
             this
             Monarchy
             ,
             have
             suffered
             any
             (
             especially
             being
             his
             own
             natural-born
             Subjects
             )
             to
             live
             ,
             that
             perswaded
             his
             Subjects
             that
             he
             was
             no
             lawfull
             King
             ,
             and
             practised
             with
             them
             (
             within
             the
             heart
             of
             this
             Realm
             )
             to
             withdraw
             them
             from
             their
             Allegeance
             and
             Loyalty
             to
             their
             Sovereign
             ,
             the
             same
             being
             
               crimen
               laesae
               Majestatis
            
             by
             the
             ancient
             Laws
             of
             this
             Realm
             .
          
           
             BY
             this
             and
             by
             all
             the
             Records
             of
             the
             Indictments
             it
             appeareth
             that
             these
             Jesuites
             and
             Priests
             are
             not
             condemned
             and
             executed
             for
             their
             Priesthood
             and
             Profession
             ,
             but
             for
             their
             treasonable
             and
             damnable
             Perswasions
             ,
             and
             Practices
             against
             the
             Crowns
             and
             Dignities
             of
             Monarchs
             and
             absolute
             Princes
             ,
             who
             hold
             their
             Kingdoms
             and
             Dominions
             by
             lawful
             Succession
             ,
             and
             by
             inherent
             Birth-right
             and
             descent
             of
             inheritance
             ,
             (
             according
             to
             the
             fundamental
             Laws
             of
             this
             Realm
             )
             immediately
             of
             Almighty
             God
             ,
             and
             are
             not
             Tenants
             of
             their
             Kingdomes
             (
             as
             they
             would
             have
             it
             )
             at
             the
             will
             and
             pleasure
             of
             any
             forrein
             Potentate
             whatsoever
             .
          
           
             Now
             albeit
             the
             proceedings
             and
             process
             in
             the
             Ecclesiastical
             Courts
             be
             in
             the
             name
             of
             the
             Bishops
             ,
             &c.
             it
             followeth
             not
             therefore
             ,
             that
             either
             the
             Court
             is
             not
             the
             King
             's
             ,
             or
             the
             Law
             whereby
             they
             proceed
             is
             not
             the
             King's
             Law.
             For
             ,
             taking
             one
             example
             for
             many
             ,
             every
             Leet
             or
             View
             of
             Frank-pledge
             holden
             by
             a
             Subject
             is
             kept
             in
             the
             Lord's
             name
             ,
             and
             
             yet
             it
             is
             the
             King's
             Court
             ,
             and
             all
             the
             proceedings
             therein
             are
             directed
             by
             the
             King's
             Laws
             :
             and
             many
             subjects
             in
             England
             have
             and
             hold
             Courts
             of
             Record
             and
             other
             Courts
             ,
             and
             yet
             all
             their
             proceedings
             be
             according
             to
             the
             King's
             Laws
             and
             the
             Customes
             of
             the
             Realm
             .
          
           
             Observe
             ,
             (
             good
             Reader
             )
             seeing
             that
             the
             determination
             of
             Heresies
             ,
             Schisms
             ,
             and
             Errours
             in
             Religion
             ,
             Ordering
             ,
             Examination
             ,
             Admission
             ,
             Institution
             and
             Deprivation
             of
             men
             of
             the
             Church
             ,
             (
             which
             do
             concern
             God's
             true
             Religion
             and
             Service
             )
             of
             right
             of
             Matrimony
             ,
             Divorces
             ,
             and
             general
             Bastardy
             ,
             (
             whereupon
             depend
             the
             strength
             of
             mens
             Discents
             and
             Inheritances
             )
             of
             probate
             of
             Testaments
             ,
             and
             letters
             of
             Administration
             ,
             (
             without
             which
             no
             debt
             or
             dutie
             due
             to
             any
             dead
             man
             can
             be
             recovered
             by
             the
             Common
             Law
             )
             Mortuaries
             ,
             Pensions
             ,
             Procurations
             ,
             Reparations
             of
             Churches
             ,
             Simony
             ,
             Incest
             ,
             Adultery
             ,
             Fornication
             and
             Incontinency
             ,
             and
             some
             others
             ,
             doth
             not
             belong
             to
             the
             Common
             Law
             ,
             how
             necessary
             it
             was
             ,
             for
             administration
             of
             Justice
             ,
             that
             his
             Majestie
             's
             Progenitors
             ,
             Kings
             of
             this
             Realm
             ,
             did
             by
             publick
             authority
             authorize
             Ecclesiasticall
             Courts
             under
             them
             ,
             to
             determine
             those
             great
             and
             important
             Causes
             Ecclesiastical
             (
             exempted
             from
             the
             Jurisdiction
             of
             the
             Common
             Law
             )
             by
             the
             King's
             Laws
             Ecclesiastical
             .
             Which
             was
             done
             originally
             for
             two
             causes
             ,
             1.
             
             That
             Justice
             should
             be
             administred
             under
             the
             Kings
             of
             this
             Realm
             within
             their
             own
             Kingdome
             ,
             to
             all
             their
             Subjects
             ,
             and
             in
             all
             Causes
             .
             2.
             
             That
             the
             Kings
             of
             England
             should
             be
             furnished
             upon
             all
             occasions
             ,
             either
             forrein
             or
             domestical
             ,
             with
             learned
             Professors
             as
             well
             of
             the
             Ecclesiasticall
             as
             Temporall
             Laws
             .
          
           
             THus
             hath
             it
             appeared
             ,
             as
             well
             by
             the
             ancient
             Common
             Laws
             of
             this
             Realm
             ,
             by
             the
             Resolutions
             and
             Judgements
             of
             the
             Judges
             and
             Sages
             of
             the
             Laws
             of
             England
             in
             all
             succession
             of
             ages
             ,
             as
             by
             Authority
             of
             many
             Acts
             of
             Parliament
             ,
             ancient
             and
             of
             latter
             times
             ,
             That
             the
             Kingdome
             of
             England
             is
             an
             absolute
             Monarchy
             ,
             and
             that
             the
             King
             is
             the
             
             onely
             Supreme
             Governour
             ,
             as
             well
             over
             Ecclesiasticall
             persons
             and
             in
             Ecclesiastical
             causes
             ,
             as
             Temporal
             ,
             within
             this
             Realm
             ;
             to
             the
             due
             observation
             of
             which
             Laws
             both
             the
             King
             and
             the
             Subject
             are
             sworn
             .
             I
             have
             herein
             cited
             the
             very
             words
             and
             texts
             of
             the
             Laws
             ,
             Resolutions
             ,
             Judgements
             ,
             and
             Acts
             of
             Parliament
             ,
             all
             publick
             and
             in
             print
             ,
             without
             any
             inference
             ,
             argument
             ,
             or
             amplification
             ;
             and
             have
             particularly
             quoted
             the
             books
             ,
             years
             ,
             leaves
             ,
             chapters
             ,
             and
             such
             like
             certain
             references
             ,
             as
             every
             man
             may
             at
             his
             pleasure
             see
             and
             reade
             the
             Authorities
             herein
             cited
             .
             This
             Case
             is
             reported
             in
             the
             English
             and
             Latine
             tongues
             ,
             (
             as
             some
             other
             Writers
             of
             the
             Law
             have
             done
             ,
             )
             to
             the
             end
             that
             my
             dear
             Countrymen
             may
             be
             acquainted
             with
             the
             Laws
             of
             this
             Realm
             ,
             their
             own
             Birth-right
             and
             inheritance
             ,
             and
             with
             such
             evidences
             as
             of
             right
             belong
             to
             the
             same
             ;
             assuring
             my self
             that
             no
             wise
             or
             true-hearted
             English-man
             ,
             that
             hath
             been
             perswaded
             before
             he
             was
             instructed
             ,
             will
             refuse
             to
             be
             instructed
             in
             the
             truth
             ,
             (
             which
             he
             may
             see
             with
             his
             own
             eyes
             )
             lest
             he
             should
             be
             disswaded
             from
             errour
             ,
             wherewith
             blindfold
             he
             hath
             been
             deceived
             .
             For
             miserable
             is
             his
             case
             ,
             and
             worthy
             of
             pity
             ,
             that
             hath
             been
             perswaded
             before
             he
             was
             instructed
             ,
             and
             now
             will
             refuse
             to
             be
             instructed
             ,
             because
             he
             will
             not
             be
             perswaded
             .
          
           
        
         
           FINIS
           .
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A69901-e2830
           
             Of
             what
             quality
             and
             credit
             Robert
             Lalor
             was
             .
          
           
             His
             apprehension
             and
             first
             examination
             .
          
           
             His
             first
             inditement
             and
             conviction
             .
          
           
             His
             second
             examination
             .
          
           
             His
             confession
             or
             acknowledgement
             .
          
           
             The
             Inditement
             of
             Lalor
             upon
             the
             stat
             .
             of
             16
             Ric.
             2.
             
          
           
             The
             true
             cause
             of
             making
             the
             Statute
             of
             16
             R.
             2.
             and
             other
             Statutes
             against
             Provisors
             .
          
           
             The
             Statute
             of
             Praemunire
             made
             at
             the
             prayer
             of
             the
             Commons
             .
          
           
             The
             effect
             of
             the
             Statute
             of
             16
             R.
             2.
             c.
             5.
             
          
           
             The
             effect
             of
             the
             Statute
             of
             38
             Edw.
             3.
             cap.
             1.
             
          
           
             The
             Statute
             of
             27
             Ed.
             3.
             cap.
             1.
             
          
           
             The
             Statute
             of
             25
             Edw.
             3.
             reciting
             the
             Statute
             of
             25
             Ed.
             1.
             
          
           
             These
             Laws
             made
             by
             such
             as
             did
             professe
             the
             Romish
             Religion
             .
          
           
             Laws
             against
             Provisors
             made
             in
             Ireland
             .
          
           
             When
             the
             Pope
             began
             first
             to
             usurp
             upon
             the
             liberties
             of
             the
             Cr●wn
             of
             England
             .
          
           
             A
             comparison
             of
             the
             spiritual
             Monarchy
             of
             the
             Church
             with
             the
             temporal
             Monarchies
             of
             the
             world
             .
          
           
             The
             Pope
             had
             no
             jurisdiction
             in
             England
             in
             the
             time
             of
             the
             Britans
             .
          
           
             The
             first
             usurpation
             of
             the
             Pope
             upon
             the
             Crown
             began
             in
             the
             time
             of
             King
             William
             the
             Conquerour
             .
          
           
             By
             sending
             Legates
             into
             England
             .
          
           
             In
             the
             time
             of
             William
             Rufus
             the
             Pope
             attempted
             to
             draw
             Appeals
             to
             Rome
             ,
             but
             prevailed
             not
             .
          
           
             In
             the
             time
             of
             K.
             Henry
             the
             first
             the
             Pope
             usurpeth
             the
             donation
             of
             Bishoprikks
             ,
             &c.
             
          
           
             Histor
             .
             Jornalensis
             M
             S.
             in
             Archiv
             .
             Rob.
             Cotton
             Eq.
             Aur.
             
          
           
             In
             the
             time
             of
             King
             Stephen
             the
             Pope
             gained
             Appeals
             to
             the
             Court
             of
             Rome
             .
          
           
             In
             the
             time
             of
             K.
             Henry
             2.
             the
             Pope
             claimed
             exemption
             of
             Clerks
             from
             the
             Secular
             power
             .
          
           
             A
             brief
             of
             Th.
             Becket's
             troubles
             ,
             or
             rather
             treasons
             .
          
           
             The
             Constitutions
             of
             Claringdon
             .
          
           
             Four
             points
             of
             jurisdiction
             usurped
             upon
             the
             crown
             of
             England
             by
             the
             Pope
             before
             the
             reign
             of
             K.
             John.
             
          
           
             The
             cause
             of
             the
             quarrell
             between
             K.
             John
             and
             the
             Pope
             .
          
           
             When
             Canonical
             election
             began
             first
             in
             England
             .
          
           
             King
             John's
             round
             and
             Kingly
             Letter
             to
             the
             Pope
             .
          
           
             The
             Pope
             curseth
             the
             King
             ,
             and
             interdicteth
             the
             Realm
             .
          
           
             King
             Edw.
             1.
             opp●seth
             the
             Pope's
             Vsurpation
             .
          
           
             E.
             2.
             suffereth
             the
             Pope
             to
             usurp
             again
             .
          
           
             E.
             3.
             resisteth
             the
             Vsurpation
             of
             the
             Pope
             .
          
           
             King
             Rich.
             2.
             
          
           
             The
             Evidence
             against
             Lalor
             .
          
           
             Lalor's
             Confession
             publickly
             read
             .
          
           
             When
             the
             distinction
             of
             Ecclesiasticall
             &
             Spirituall
             causes
             from
             Civil
             and
             Temporal
             causes
             began
             in
             the
             world
             .
          
        
         
           Notes for div A69901-e10210
           
             Caudrey's
             Case
             .
          
           
             The
             objections
             of
             the
             Counsell
             of
             the
             Plaintif
             .
          
           
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             The
             resolutions
             of
             the
             Court
             to
             the
             1.
             and
             2.
             
          
           
             To
             the
             3.
             
          
           
             To
             the
             4.
             
          
           
             What
             causes
             belong
             to
             the
             Ecclesiasticall
             Court.
             see
             
               Circumspectè
               agatis
               ,
               13
            
             E.
             1.
             
             W.
             
               2.
               13
            
             
             E.
             1.
             cap.
             5.
             versus
             finem
             .
             
               Artic.
               cleri
               9
            
             E.
             
               2.
               15
            
             
             E.
             3.
             c.
             6.31
             E.
             3.
             cap.
             11.2
             H.
             5.
             c.
             7.1
             H.
             7.
             cap.
             4.23
             H.
             8.
             cap.
             9.24
             H.
             8.
             c.
             12.27
             H.
             8.
             c.
             20.32
             H.
             8.
             c.
             7.1
             E.
             6.
             ca.
             2.2
             E.
             6.
             ca.
             13.1
             Ma.
             cap.
             3.1
             Eliz.
             ca.
             1.5
             Eliz
             ca.
             23.13
             Eliz.
             ca.
             10.
             
             Litt.
             lib.
             2.
             ca.
             Frankalm
             .
             fol.
             30.
             
             F.
             Na.
             Br.
             fol.
             
               41
               ,
               42
               ,
               43
               ,
               44
               ,
               45
               ,
               46
               ,
               47.
               
            
             Regist
             .
             fol.
             
               33
               ,
               34
               ,
               44.
            
             &c.
             
          
           
             This
             King
             reigned
             an
             .
             Dom.
             755.
             
             Stanford
             lib.
             3.
             cap.
             38.
             fol.
             111.
             
             This
             charter
             was
             pleaded
             
               1
               H.
               7.23.25
            
             .
          
           
             Note
             .
          
           
             Rex
             Edwin
             .
             regnavit
             anno
             Dom.
             955.
             
          
           
             St.
             K.
             Edw.
             laws
             ,
             ca.
             19.
             
          
           
             7
             E.
             3.
             tit
             .
             Quare
             Impedi●
             19.
             
          
           
             The
             Charter
             of
             H.
             1.
             
             Founder
             of
             the
             Abbey
             of
             Reading
             ,
             in
             the
             26.
             year
             of
             his
             reign
             ,
             and
             in
             the
             year
             of
             our
             Lord
             1125.
             
          
           
             2
             H.
             3.
             
             Tit.
             Prohibition
             
               .13
               .
               4
            
             H.
             3.
             ibidem
             
               15.
               15
            
             
             H.
             3.
             
             Tit.
             Prohib
             .
             22.
             
             Register
             fol.
             
          
           
             The
             Statute
             of
             Merton
             an
             .
             20
             H.
             3.
             
          
           
             
               Vide
               30
               E.
               3.
               
               Li.
               ss
               .
               pl.
               19.
               
               Brook
               tit
               .
               Premunire
               pl.
               10.
               
            
             
               Note
               ,
               this
               was
               by
               the
               common
               Law
               of
               England
               before
               any
               Statute
               made
               .
            
             
               19
               E.
               3.
               tit
               .
               Quare
               non
               admisit
               7.
               
               Vide
               39
               E.
               3.20
               .
            
          
           
             Note
             .
          
           
             The
             Statute
             of
             Bigamie
             ,
             〈◊〉
             4
             E.
             1.
             
             Observe
             how
             the
             King
             by
             advice
             of
             his
             Council
             (
             that
             is
             ,
             by
             authority
             of
             Parliament
             )
             expounded
             how
             the
             said
             Council
             should
             be
             understood
             ,
             and
             in
             what
             sense
             it
             should
             be
             received
             and
             allowed
             here
             .
          
           
             Statutum
             de
             anno
             25
             E.
             1.
             
             Carlisle
             .
             Vide
             20
             E.
             3.
             tit
             .
             Essoin
             24.
             
          
           
             Nota
             :
             The
             first
             attempt
             was
             to
             usurp
             upon
             such
             Ecclesiasticall
             things
             as
             pertained
             to
             the
             Clergy
             of
             England
             ,
             who
             at
             that
             time
             stood
             in
             great
             awe
             of
             the
             Church
             of
             Rome
             .
          
           
             
               The
               Statute
               of
               9
               E.
               2.
               
               Artic
               .
               Cleri
               cap.
               16.
               
            
             
               See
               the
               Ordinance
               of
               
                 Circumspectè
                 agatis
              
               an
               .
            
          
           
             13
             E.
             1.
             to
             this
             effect
             .
             By
             this
             Statute
             of
             9
             Ed.
             2.
             and
             the
             Statutes
             of
             15
             E.
             3.
             cap.
             
               6.
               31
            
             
             E.
             3.
             cap.
             11.
             and
             by
             other
             Statutes
             heretofore
             mentioned
             ,
             the
             Jurisdiction
             of
             the
             Ecclesiasticall
             Court
             is
             allowed
             and
             warranted
             by
             consent
             of
             Parliament
             in
             all
             cases
             wherein
             they
             now
             have
             Jurisdiction
             ,
             so
             as
             these
             Laws
             may
             be
             justly
             called
             the
             King's
             Ecclesiasticall
             Laws
             ,
             or
             the
             Ecclesiasticall
             Laws
             of
             England
             .
          
           
             16
             E.
             3.
             
             Tit
             ,
             Excom
             .
             4.
             
          
           
             In
             the
             Reign
             of
             E.
             3.
             
          
           
             17
             E.
             3.23
             .
          
           
             
               20
               E.
               3.
               
               Excom
               .
               
                 9.
                 16
              
               
               E.
               3.
               tit
               .
               Bre.
               
                 660.
                 21
              
               
               E.
               
                 3.60
                 .
                 6
              
               H.
               7.14
               .
               Fit.
               Na.
               Br.
               
            
             
               20
               E.
               3.
               
               Tit.
               Excom
               .
               
                 6.
                 21
              
               
               E.
               3.
               fol.
               40.
               
            
          
           
             22
             E.
             3.
             lib.
             Ass
             .
             pl.
             75.
             
          
           
             27
             E.
             3.
             fol.
             84.
             
             Fit.
             Na.
             Br.
             fol.
             34.
             
          
           
             30.
             
             E.
             3.
             lib.
             Ass
             .
             pl.
             
               19.
               12
            
             
             H.
             
               4.16
               .
               14
            
             H.
             
               4.14
               .
               8
            
             H.
             6.
             fol.
             
               3.
               35
            
             
             H.
             
               6.42
               .
               28
            
             H.
             
               6.1
               .
               7
            
             E.
             
               4.14
               .
               12
            
             E.
             4.16
             .
          
           
             Fit.
             Na.
             Br.
             fol.
             64.
             F.
             Vide
             9.
             
             E.
             4.
             fol.
             3.
             
             Hereafter
             fol.
             11.
             
             It
             ought
             to
             be
             determined
             in
             the●●cclesiasticall
             Courts
             in
             England
             .
          
           
             31
             E.
             3.
             
             Tit.
             Excom
             .
             6.
             
          
           
             33
             E.
             3.
             tit
             .
             ●yde
             de
             Roy
             103.38
             .
             Ass
             .
             pl.
             20.
             
          
           
             See
             the
             Statute
             of
             15
             E.
             3.
             cap.
             
               6.
               31
            
             
             E.
             3.
             cap.
             11.
             
          
           
             38
             Lib.
             Ass
             .
             pl.
             22.
             
          
           
             46
             E.
             3.
             
             Tit.
             Premun
             .
             6.
             
          
           
             49
             E.
             3.
             
             Lib.
             Ass
             .
             pl.
             8.
             
          
           
             Statut.
             de
             25
             E.
             3.
             de
             Provisoribus
             .
          
           
             Statut.
             de
             25
             E.
             3.
             
          
           
             Note
             .
          
           
             Note
             .
          
           
             Vide
             10
             E.
             3.
             fol.
             1.
             
             &
             2.
             
          
           
             Statutum
             de
             27
             E.
             3.
             
          
           
             Statut.
             de
             28
             E.
             3.
             cap.
             1.
             
             &
             2.
             
          
           
             Statut.
             de
             38
             E.
             3.
             ca
             3.
             
          
           
             12
             R.
             2.
             tit
             .
             Jurisdiction
             18.
             
          
           
             Statutum
             de
             16
             R.
             2.
             cap.
             5.
             
          
           
             Note
             .
          
           
             1
             H.
             4.
             fol.
             9.
             
          
           
             Fitz.
             Na.
             ●r
             .
             269.
             
          
           
             This
             had
             a
             resemblance
             to
             an
             Attainder
             of
             Treason
             ,
             wherein
             there
             must
             be
             first
             an
             Inditement
             by
             one
             Jury
             ,
             and
             a
             Conviction
             by
             another
             .
          
           
             11
             H.
             4.37
             .
          
           
             11
             H.
             4.
             fol.
             69.76
             .
          
           
             14
             H.
             4.
             fol.
             14.
             
             Vide
             30
             E.
             3.
             lib.
             Ass
             .
          
           
             pl.
             
             19.
             before
             .
             Vide
             13
             E.
             3.
             
             Certificate
             6.
             
             Vide
             20
             H.
             
               6.1
               .
               37
            
             H.
             
               6.42
               .
               7
            
             E.
             4.14
             .
             Fitz.
             Na.
             Br.
             64.
             
             F.
             
          
           
             14
             H.
             4.14
             .
          
           
             Statut.
             de
             2
             H.
             4.
             cap.
             3.
             
          
           
             Statut.
             de
             6
             H.
             4
             cap.
             1.
             
          
           
             Statut.
             de
             7
             H.
             4.
             ,
             cap.
             6.
             
          
           
             Statut.
             de
             3
             H.
             5
             cap.
             4.
             
          
           
             *
             Stat.
             de
             2
             H.
             5.
             cap.
             7.
             
             Lollardry
             
               à
               lolio
            
             :
             For
             as
             Cockle
             is
             the
             destruction
             of
             the
             Corn
             ,
             so
             is
             Heresie
             the
             destruction
             of
             true
             Religion
             .
          
           
             Infelix
             lolium
             &
             steriles
             dominantur
             avenae
             .
             Virgilius
             .
          
           
             Et
             careant
             loliis
             oculos
             vitiantibus
             agri
             .
             Ovidius
             .
          
           
             Statutum
             de
             2
             H.
             5.
             cap.
             1.
             
          
           
             8
             H.
             6.
             fol.
             3.
             
          
           
             9
             H.
             6.
             fol.
             16.
             
          
           
             1
             H.
             7.
             fol.
             10.
             
          
           
             1
             H.
             7.
             fol.
             20.
             
          
           
             9
             E.
             4.3
             .
             Fitz.
             Na.
             Br.
             fol.
             44.
             
             H.
             agreeth
             herewith
             .
          
           
             Note
             .
          
           
             9
             E.
             4.28
             .
          
           
             12
             E.
             4.
             fo
             .
             16.
             
          
           
             2
             R.
             3.
             fo
             .
             22.
             
          
           
             1
             H.
             7.10
             .
          
           
             Statut.
             de
             1
             H.
             7.
             cap.
             4.
             
          
           
             10
             H.
             7.18
             .
          
           
             11
             H.
             7.12
             .
          
           
             Statut.
             de
             24
             H.
             8.
             cap.
             12.
             
             This
             Statute
             is
             declaratorie
             of
             the
             ancient
             laws
             of
             England
             ,
             as
             manifestly
             appeareth
             by
             that
             which
             hath
             been
             said
             .
          
           
             See
             Br.
             Abridgment
             ,
             tit
             .
             Presentment
             al
             Esglise
             pl.
             12.
             
             The
             Pope
             was
             permitted
             to
             doe
             certain
             things
             within
             this
             realm
             by
             usurpation
             ,
             and
             not
             of
             right
             ,
             until
             the
             reign
             of
             H.
             8.
             
          
           
             This
             also
             is
             declaratory
             of
             the
             ancient
             Law
             ,
             as
             it
             appeareth
             both
             by
             9
             E.
             4.3
             .
             Fitz.
             Na.
             B.
             44.
             and
             many
             other
             cases
             and
             statutes
             abovesaid
             .
          
           
             Statut.
             de
             25
             H.
             8.
             cap.
             21.
             
             This
             was
             also
             declaratory
             of
             the
             ancient
             Law
             ,
             as
             by
             that
             which
             hath
             been
             said
             appeareth
             .
          
           
             This
             appeareth
             by
             resolution
             of
             all
             the
             Judges
             in
             7
             H.
             8.
             
             Lib.
             Keylw
             .
             fo
             .
             181.
             
             And
             this
             was
             long
             before
             any
             Act
             of
             Parliament
             was
             made
             against
             forrein
             Jurisdiction
             by
             King
             Henry
             the
             8.
             
          
           
             The
             Statute
             of
             1
             Q.
             Eliz.
             
          
           
             12
             Eliz.
             Reg.
             Dyer
             .
          
           
             
               
                 Psalm
                 .
                 109.28
              
               .
            
             
               
                 Though
                 they
                 curse
                 ,
                 yet
                 bless
                 thou
                 ,
                 O
                 Lord
                 ,
                 and
                 let
                 them
                 be
                 confounded
                 that
                 rise
                 against
                 me
                 :
                 but
                 let
                 thy
                 servant
                 rejoyce
                 .
              
               Which
               was
               the
               prayer
               her
               Majesty
               made
               when
               this
               Bull
               was
               published
               against
               her
               .
            
          
           
             The
             Statute
             of
             13
             Eliz.
             
          
           
             Note
             the
             fruits
             of
             the
             Bull.
             
          
           
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             The
             parts
             of
             the
             Act.
             
          
           
             1.
             
          
           
             2.
             
          
           
             3.
             
          
           
             4.
             
          
           
             5.
             
          
           
             The
             Statute
             of
             an
             .
             23
             Reginae
             Eliz.
             
          
           
             The
             Statute
             of
             an
             .
             27
             Eliz.
             Reginae
             .